Environmental Protection Agency § 60.4248

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SUBCHAPTER C—AIR PROGRAMS (CONTINUED)

PART 60—STANDARDS OF PER- 60.544 Monitoring of operations. 60.545 Recordkeeping requirements. FORMANCE FOR NEW STA- 60.546 Reporting requirements. TIONARY SOURCES (CONTIN- 60.547 Test methods and procedures. UED) 60.548 Delegation of authority.

Subpart XX—Standards of Performance for Subpart CCC [Reserved] Bulk Gasoline Terminals Subpart DDD—Standards of Performance Sec. for Volatile Organic Compound (VOC) 60.500 Applicability and designation of af- Emissions from the Polymer Manufac- fected facility. turing Industry 60.501 Definitions. 60.502 Standards for Volatile Organic Com- 60.560 Applicability and designation of af- pound (VOC) emissions from bulk gaso- fected facilities. line terminals. 60.561 Definitions. 60.503 Test methods and procedures. 60.562–1 Standards: Process emissions. 60.504 [Reserved] 60.562–2 Standards: Equipment leaks of 60.505 Reporting and recordkeeping. VOC. 60.506 Reconstruction. 60.563 Monitoring requirements. 60.564 Test methods and procedures. Subpart AAA—Standards of Performance 60.565 Reporting and recordkeeping require- for New Residential Wood Heaters ments. 60.566 Delegation of authority. 60.530 Am I subject to this subpart? 60.531 What definitions must I know? Subpart EEE [Reserved] 60.532 What standards and associated requirements must I meet and by when? Subpart FFF—Standards of Performance for 60.533 What compliance and certification re- Flexible Vinyl and Urethane Coating quirements must I meet and by when? and Printing 60.534 What test methods and procedures must I use to determine compliance with 60.580 Applicability and designation of af- the standards and requirements for cer- fected facility. tification? 60.581 Definitions and symbols. 60.535 What procedures must I use for EPA 60.582 Standard for volatile organic com- approval of a test laboratory or EPA ap- pounds. proval of a third-party certifier? 60.583 Test methods and procedures. 60.536 What requirements must I meet for 60.584 Monitoring of operations and record- permanent labels, temporary labels keeping requirements. (hangtags), and owner’s manuals? 60.585 Reporting requirements. 60.537 What records must I keep and what reports must I submit? Subpart GGG—Standards of Performance 60.538 What activities are prohibited under for Equipment Leaks of VOC in Petro- this subpart? leum Refineries for Which Construction, 60.539 What hearing and appeal procedures apply to me? Reconstruction, or Modification Com- 60.539a Who implements and enforces this menced After January 4, 1983, and on subpart? or Before November 7, 2006 60.539b What parts of the General Provi- 60.590 Applicability and designation of af- sions do not apply to me? fected facility. Subpart BBB—Standards of Performance for 60.591 Definitions. 60.592 Standards. the Rubber Tire Manufacturing Industry 60.593 Exceptions. 60.540 Applicability and designation of affected facilities. Subpart GGGa—Standards of Performance 60.541 Definitions. for Equipment Leaks of VOC in Petro- 60.542 Standards for volatile organic com- leum Refineries for Which Construction, pounds. Reconstruction, or Modification Com- 60.542a Alternate standard for volatile or- menced After November 7, 2006 ganic compounds. 60.543 Performance test and compliance pro- 60.590a Applicability and designation of af- visions. fected facility.

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60.591a Definitions. 60.636 Reporting requirements. 60.592a Standards. 60.593a Exceptions. Subpart LLL—Standards of Performance for SO2 Emissions From Onshore Natural Subpart HHH—Standards of Performance Gas Processing for Which Construc- for Synthetic Fiber Production Facilities tion, Reconstruction, or Modification Commenced After January 20, 1984, 60.600 Applicability and designation of affected facility. and on or Before August 23, 2011 60.601 Definitions. 60.640 Applicability and designation of af- 60.602 Standard for volatile organic com- fected facilities. pounds. 60.641 Definitions. 60.603 Performance test and compliance pro- 60.642 Standards for sulfur dioxide. visions. 60.643 Compliance provisions. 60.604 Reporting requirements. 60.644 Test methods and procedures. Subpart III—Standards of Performance for 60.645 [Reserved] Volatile Organic Compound (VOC) 60.646 Monitoring of emissions and operations. Emissions From the Synthetic Organic 60.647 Recordkeeping and reporting require- Chemical Manufacturing Industry ments. (SOCMI) Air Oxidation Unit Processes 60.648 Optional procedure for measuring hydrogen sulfide in acid gas—Tutwiler Pro- 60.610 Applicability and designation of af- cedure. fected facility. 60.611 Definitions. Subpart MMM [Reserved] 60.612 Standards. 60.613 Monitoring of emissions and oper- Subpart NNN—Standards of Performance ations. 60.614 Test methods and procedures. for Volatile Organic Compound (VOC) 60.615 Reporting and recordkeeping require- Emissions From Synthetic Organic ments. Chemical Manufacturing Industry 60.616 Reconstruction. (SOCMI) Distillation Operations 60.617 Chemicals affected by subpart III. 60.660 Applicability and designation of af- 60.618 Delegation of authority. fected facility. Subpart JJJ—Standards of Performance for 60.661 Definitions. Petroleum Dry Cleaners 60.662 Standards. 60.663 Monitoring of emissions and oper- 60.620 Applicability and designation of af- ations. fected facility. 60.664 Test methods and procedures. 60.621 Definitions. 60.665 Reporting and recordkeeping require- 60.622 Standards for volatile organic comments. pounds. 60.666 Reconstruction. 60.623 Equivalent equipment and proce- 60.667 Chemicals affected by subpart NNN. dures. 60.668 Delegation of authority. 60.624 Test methods and procedures. 60.625 Recordkeeping requirements. Subpart OOO—Standards of Performance for Nonmetallic Mineral Processing Plants Subpart KKK—Standards of Performance for Equipment Leaks of VOC From On- 60.670 Applicability and designation of af- shore Natural Gas Processing Plants for fected facility. Which Construction, Reconstruction, or 60.671 Definitions. Modification Commenced After Janu- 60.672 Standard for particulate matter (PM). ary 20, 1984, and on or Before August 60.673 Reconstruction. 23, 2011 60.674 Monitoring of operations. 60.630 Applicability and designation of af- 60.675 Test methods and procedures. fected facility. 60.676 Reporting and recordkeeping. 60.631 Definitions. TABLE 1 TO SUBPART OOO OF PART 60—EXCEP- 60.632 Standards. TIONS TO APPLICABILITY OF SUBPART A TO 60.633 Exceptions. SUBPART OOO 60.634 Alternative means of emission limi- TABLE 2 TO SUBPART OOO OF PART 60—STACK tation. EMISSION LIMITS FOR AFFECTED FACILI- 60.635 Recordkeeping requirements. TIES WITH CAPTURE SYSTEMS

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TABLE 3 TO SUBPART OOO OF PART 60—FUGI- Subpart SSS—Standards of Performance for TIVE EMISSION LIMITS Magnetic Tape Coating Facilities Subpart PPP—Standard of Performance for 60.710 Applicability and designation of af- Wool Fiberglass Insulation Manufac- fected facility. turing Plants 60.711 Definitions, symbols, and cross-reference tables. 60.680 Applicability and designation of af- 60.712 Standards for volatile organic com- fected facility. pounds. 60.681 Definitions. 60.713 Compliance provisions. 60.682 Standard for particulate matter. 60.714 Installation of monitoring devices 60.683 Monitoring of operations. and recordkeeping. 60.715 Test methods and procedures. 60.684 Recordkeeping and reporting require- 60.716 Permission to use alternative means ments. of emission limitation. 60.685 Test methods and procedures. 60.717 Reporting and monitoring requirements. Subpart QQQ—Standards of Performance 60.718 Delegation of authority. for VOC Emissions From Petroleum Re- finery Wastewater Systems Subpart TTT—Standards of Performance for Industrial Surface Coating: Surface 60.690 Applicability and designation of affected facility. Coating of Plastic Parts for Business 60.691 Definitions. Machines 60.692–1 Standards: General. 60.720 Applicability and designation of af- 60.692–2 Standards: Individual drain sys- fected facility. tems. 60.721 Definitions. 60.692–3 Standards: Oil-water separators. 60.722 Standards for volatile organic com- 60.692–4 Standards: Aggregate facility. pounds. 60.692–5 Standards: Closed vent systems and 60.723 Performance test and compliance pro- control devices. visions. 60.692–6 Standards: Delay of repair. 60.724 Reporting and recordkeeping require- 60.692–7 Standards: Delay of compliance. ments. 60.693–1 Alternative standards for individual 60.725 Test methods and procedures. drain systems. 60.726 Delegation of authority. 60.693–2 Alternative standards for oil-water separators. Subpart UUU—Standards of Performance 60.694 Permission to use alternative means for Calciners and Dryers in Mineral In- of emission limitation. dustries 60.695 Monitoring of operations. 60.730 Applicability and designation of af- 60.696 Performance test methods and proce- fected facility. dures and compliance provisions. 60.731 Definitions. 60.697 Recordkeeping requirements. 60.732 Standards for particulate matter. 60.698 Reporting requirements. 60.733 Reconstruction. 60.699 Delegation of authority. 60.734 Monitoring of emissions and operations. Subpart RRR—Standards of Performance for 60.735 Recordkeeping and reporting require- Volatile Organic Compound Emissions ments. from Synthetic Organic Chemical 60.736 Test methods and procedures. Manufacturing Industry (SOCMI) Reac- 60.737 Delegation of authority. tor Processes Subpart VVV—Standards of Performance 60.700 Applicability and designation of af- for Polymeric Coating of Supporting fected facility. Substrates Facilities 60.701 Definitions. 60.702 Standards. 60.740 Applicability and designation of affected facility. 60.703 Monitoring of emissions and oper- 60.741 Definitions, symbols, and cross-ref- ations. erence tables. 60.704 Test methods and procedures. 60.742 Standards for volatile organic com- 60.705 Reporting and recordkeeping require- pounds. ments. 60.743 Compliance provisions. 60.706 Reconstruction. 60.744 Monitoring requirements. 60.707 Chemicals affected by subpart RRR. 60.745 Test methods and procedures. 60.708 Delegation of authority. 60.746 Permission to use alternative means of emission limitation. 7

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60.747 Reporting and recordkeeping require- 60.1030 Can the Administrator delegate au- ments. thority to enforce these Federal new 60.748 Delegation of authority. source performance standards to a State agency? Subpart WWW—Standards of Performance 60.1035 How are these new source perform- for Municipal Solid Waste Landfills ance standards structured? 60.1040 Do all five components of these new 60.750 Applicability, designation of affected source performance standards apply at facility, and delegation of authority. the same time? 60.751 Definitions. 60.752 Standards for air emissions from mu- 60.1045 Are there different subcategories of nicipal solid waste landfills. small municipal waste combustion units 60.753 Operational standards for collection within this subpart? and control systems. PRECONSTRUCTION REQUIREMENTS: MATERIALS 60.754 Test methods and procedures. 60.755 Compliance provisions. SEPARATION PLAN 60.756 Monitoring of operations. 60.1050 Who must submit a materials sepa- 60.757 Reporting requirements. ration plan? 60.758 Recordkeeping requirements. 60.1055 What is a materials separation plan? 60.759 Specifications for active collection 60.1060 What steps must I complete for my systems. materials separation plan? Subpart XXX—Standards of Performance 60.1065 What must I include in my draft ma- for Municipal Solid Waste Landfills That terials separation plan? Commenced Construction, Recon- 60.1070 How do I make my draft materials separation plan available to the public? struction, or Modification After July 17, 60.1075 When must I accept comments on 2014 the materials separation plan? 60.760 Applicability, designation of affected 60.1080 Where and when must I hold a public source, and delegation of authority. meeting on my draft materials separa- 60.761 Definitions. tion plan? 60.762 Standards for air emissions from mu- 60.1085 What must I do with any public com- nicipal solid waste landfills. ments I receive during the public com- 60.763 Operational standards for collection ment period on my draft materials sepa- and control systems. ration plan? 60.764 Test methods and procedures. 60.1090 What must I do with my revised ma- 60.765 Compliance provisions. terials separation plan? 60.766 Monitoring of operations. 60.1095 What must I include in the public 60.767 Reporting requirements. meeting on my revised materials separa- 60.768 Recordkeeping requirements. tion plan? 60.769 Specifications for active collection 60.1100 What must I do with any public com- systems. ments I receive on my revised materials separation plan? Subparts YYY–ZZZ [Reserved] 60.1105 How do I submit my final materials Subpart AAAA—Standards of Performance separation plan? for Small Municipal Waste Combustion PRECONSTRUCTION REQUIREMENTS: SITING Units for Which Construction is Com- ANALYSIS menced After August 30, 1999 or for Which Modification or Reconstruction 60.1110 Who must submit a siting analysis? is Commenced After June 6, 2001 60.1115 What is a siting analysis? 60.1120 What steps must I complete for my INTRODUCTION siting analysis? 60.1125 What must I include in my siting 60.1000 What does this subpart do? analysis? 60.1005 When does this subpart become effective? 60.1130 How do I make my siting analysis available to the public? APPLICABILITY 60.1135 When must I accept comments on the siting analysis and revised materials 60.1010 Does this subpart apply to my mu- separation plan? nicipal waste combustion unit? 60.1015 What is a new municipal waste com- 60.1140 Where and when must I hold a public bustion unit? meeting on the siting analysis? 60.1020 Does this subpart allow any exemp- 60.1145 What must I do with any public com- tions? ments I receive during the public com- 60.1025 Do subpart E new source perform- ment period on my siting analysis? ance standards also apply to my munic- 60.1150 How do I submit my siting analysis? ipal waste combustion unit? 8

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GOOD COMBUSTION PRACTICES: OPERATOR 60.1260 What is the minimum amount of TRAINING monitoring data I must collect with my continuous emission monitoring systems 60.1155 What types of training must I do? and is the data collection requirement 60.1160 Who must complete the operator enforceable? training course? By when? 60.1165 Who must complete the plant-spe- 60.1265 How do I convert my 1-hour arith- cific training course? metic averages into the appropriate 60.1170 What plant-specific training must I averaging times and units? provide? 60.1270 What is required for my continuous 60.1175 What information must I include in opacity monitoring system and how are the plant-specific operating manual? the data used? 60.1180 Where must I keep the plant-specific 60.1275 What additional requirements must operating manual? I meet for the operation of my continuous emission monitoring systems and GOOD COMBUSTION PRACTICES: OPERATOR continuous opacity monitoring system? CERTIFICATION 60.1280 What must I do if any of my contin- 60.1185 What types of operator certification uous emission monitoring systems are must the chief facility operator and shift temporarily unavailable to meet the data supervisor obtain and by when must they collection requirements? obtain it? STACK TESTING 60.1190 After the required date for operator certification, who may operate the mu- 60.1285 What types of stack tests must I nicipal waste combustion unit? conduct? 60.1195 What if all the certified operators 60.1290 How are the stack test data used? must be temporarily offsite? 60.1295 What schedule must I follow for the stack testing? GOOD COMBUSTION PRACTICES: OPERATING 60.1300 What test methods must I use to REQUIREMENTS stack test? 60.1200 What are the operating practice re- 60.1305 May I conduct stack testing less quirements for my municipal waste com- often? bustion unit? 60.1310 May I deviate from the 13-month 60.1205 What happens to the operating retesting schedule if unforeseen cir- quirements during periods of startup, cumstances arise? shutdown, and malfunction? OTHER MONITORING REQUIREMENTS EMISSION LIMITS 60.1315 Must I meet other requirements for 60.1210 What pollutants are regulated by continuous monitoring? this subpart? 60.1320 How do I monitor the load of my mu- 60.1215 What emission limits must I meet? nicipal waste combustion unit? By when? 60.1325 How do I monitor the temperature of 60.1220 What happens to the emission limits flue gases at the inlet of my particulate during periods of startup, shutdown, and matter control device? malfunction? 60.1330 How do I monitor the injection rate CONTINUOUS EMISSION MONITORING of activated carbon? 60.1335 What is the minimum amount of 60.1225 What types of continuous emission monitoring data I must collect with my monitoring must I perform? continuous parameter monitoring sys- 60.1230 What continuous emission moni- tems and is the data collection require- toring systems must I install for gaseous ment enforceable? pollutants? 60.1235 How are the data from the contin- RECORDKEEPING uous emission monitoring systems used? 60.1240 How do I make sure my continuous 60.1340 What records must I keep? emission monitoring systems are oper- 60.1345 Where must I keep my records and ating correctly? for how long? 60.1245 Am I exempt from any appendix B or 60.1350 What records must I keep for the appendix F requirements to evaluate materials separation plan and siting continuous emission monitoring sys- analysis? tems? 60.1355 What records must I keep for oper- 60.1250 What is my schedule for evaluating ator training and certification? continuous emission monitoring sys- 60.1360 What records must I keep for stack tems? tests? 60.1255 What must I do if I choose to mon- 60.1365 What records must I keep for con- itor carbon dioxide instead of oxygen as tinuously monitored pollutants or pa- a diluent gas? rameters?

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60.1370 What records must I keep for munic- TABLE 5 TO SUBPART AAAA OF PART 60—RE- ipal waste combustion units that use ac- QUIREMENTS FOR STACK TESTS tivated carbon? Subpart BBBB—Emission Guidelines and REPORTING Compliance Times for Small Municipal 60.1375 What reports must I submit before I Waste Combustion Units Constructed submit my notice of construction? on or Before August 30, 1999 60.1380 What must I include in my notice of construction? INTRODUCTION 60.1385 What reports must I submit after I 60.1500 What is the purpose of this subpart? submit my notice of construction and in 60.1505 Am I affected by this subpart? what form? 60.1510 Is a State plan required for all 60.1390 What are the appropriate units of States? measurement for reporting my data? 60.1515 What must I include in my State 60.1395 When must I submit the initial re- plan? port? 60.1520 Is there an approval process for my 60.1400 What must I include in my initial re- State plan? port? 60.1525 What if my State plan is not approv- 60.1405 When must I submit the annual re- able? port? 60.1530 Is there an approval process for a 60.1410 What must I include in my annual negative declaration letter? report? 60.1535 What compliance schedule must I include in my State plan? 60.1415 What must I do if I am out of com- 60.1540 Are there any State plan require- pliance with the requirements of this ments for this subpart that supersede the subpart? requirements specified in subpart B? 60.1420 If a semiannual report is required, 60.1545 Does this subpart directly affect mu- when must I submit it? nicipal waste combustion unit owners 60.1425 What must I include in the semi- and operators in my State? annual out-of-compliance reports? 60.1430 Can reporting dates be changed? APPLICABILITY OF STATE PLANS

AIR CURTAIN INCINERATORS THAT BURN 100 60.1550 What municipal waste combustion PERCENT YARD WASTE units must I address in my State plan? 60.1555 Are any small municipal waste com- 60.1435 What is an air curtain incinerator? bustion units exempt from my State 60.1440 What is yard waste? plan? 60.1445 What are the emission limits for air 60.1560 Can an affected municipal waste curtain incinerators that burn 100 per- combustion unit reduce its capacity to cent yard waste? less than 35 tons per day rather than 60.1450 How must I monitor opacity for air comply with my State plan? curtain incinerators that burn 100 per- 60.1565 What subcategories of small munic- cent yard waste? ipal waste combustion units must I in- 60.1455 What are the recordkeeping and re- clude in my State plan? porting requirements for air curtain incinerators that burn 100 percent yard USE OF MODEL RULE waste? 60.1570 What is the ‘‘model rule’’ in this subpart? EQUATIONS 60.1575 How does the model rule relate to 60.1460 What equations must I use? the required elements of my State plan? 60.1580 What are the principal components DEFINITIONS of the model rule?

60.1465 What definitions must I know? MODEL RULE—INCREMENTS OF PROGRESS TABLE 1 TO SUBPART AAAA OF PART 60— 60.1585 What are my requirements for meet- EMISSION LIMITS FOR NEW SMALL MUNIC- ing increments of progress and achieving IPAL WASTE COMBUSTION UNITS final compliance? TABLE 2 TO SUBPART AAAA OF PART 60—CAR- 60.1590 When must I complete each incre- BON MONOXIDE EMISSION LIMITS FOR NEW ment of progress? SMALL MUNICIPAL WASTE COMBUSTION 60.1595 What must I include in the notifica- UNITS tions of achievement of my increments of TABLE 3 TO SUBPART AAAA OF PART 60—RE- progress? QUIREMENTS FOR VALIDATING CONTINUOUS 60.1600 When must I submit the notifica- EMISSION MONITORING SYSTEMS (CEMS) tions of achievement of increments of TABLE 4 TO SUBPART AAAA OF PART 60—RE- progress? QUIREMENTS FOR CONTINUOUS EMISSION 60.1605 What if I do not meet an increment MONITORING SYSTEMS (CEMS) of progress?

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60.1610 How do I comply with the increment MODEL RULE—CONTINUOUS EMISSION of progress for submittal of a control MONITORING plan? 60.1715 What types of continuous emission 60.1615 How do I comply with the increment monitoring must I perform? of progress for awarding contracts? 60.1720 What continuous emission moni- 60.1620 How do I comply with the increment toring systems must I install for gaseous of progress for initiating onsite construc- pollutants? tion? 60.1725 How are the data from the contin- 60.1625 How do I comply with the increment uous emission monitoring systems used? of progress for completing onsite con- 60.1730 How do I make sure my continuous struction? emission monitoring systems are oper- 60.1630 How do I comply with the increment ating correctly? of progress for achieving final compli- 60.1735 Am I exempt from any appendix B or ance? appendix F requirements to evaluate 60.1635 What must I do if I close my munic- continuous emission monitoring sys- ipal waste combustion unit and then re- tems? start my municipal waste combustion 60.1740 What is my schedule for evaluating unit? continuous emission monitoring sys- 60.1640 What must I do if I plan to perma- tems? nently close my municipal waste com- 60.1745 What must I do if I choose to mon- bustion unit and not restart it? itor carbon dioxide instead of oxygen as MODEL RULE—GOOD COMBUSTION PRACTICES: a diluent gas? OPERATOR TRAINING 60.1750 What is the minimum amount of monitoring data I must collect with my 60.1645 What types of training must I do? continuous emission monitoring systems 60.1650 Who must complete the operator and is the data collection requirement training course? By when? enforceable? 60.1655 Who must complete the plant-spe- 60.1755 How do I convert my 1-hour arith- cific training course? metic averages into appropriate aver- 60.1660 What plant-specific training must I aging times and units? provide? 60.1760 What is required for my continuous 60.1665 What information must I include in opacity monitoring system and how are the plant-specific operating manual? the data used? 60.1670 Where must I keep the plant-specific 60.1765 What additional requirements must operating manual? I meet for the operation of my continuous emission monitoring systems and MODEL RULE—GOOD COMBUSTION PRACTICES: continuous opacity monitoring system? OPERATOR CERTIFICATION 60.1770 What must I do if any of my contin- 60.1675 What types of operator certification uous emission monitoring systems are must the chief facility operator and shift temporarily unavailable to meet the data supervisor obtain and by when must they collection requirements? obtain it? 60.1680 After the required date for operator MODEL RULE—STACK TESTING certification, who may operate the mu- 60.1775 What types of stack tests must I nicipal waste combustion unit? conduct? 60.1685 What if all the certified operators 60.1780 How are the stack test data used? must be temporarily offsite? 60.1785 What schedule must I follow for the stack testing? MODEL RULE—GOOD COMBUSTION PRACTICES: 60.1790 What test methods must I use to OPERATING REQUIREMENTS stack test? 60.1690 What are the operating practice re- 60.1795 May I conduct stack testing less quirements for my municipal waste com- often? bustion unit? 60.1800 May I deviate from the 13-month 60.1695 What happens to the operating retesting schedule if unforeseen cir- quirements during periods of startup, cumstances arise? shutdown, and malfunction? MODEL RULE—OTHER MONITORING MODEL RULE—EMISSION LIMITS REQUIREMENTS 60.1700 What pollutants are regulated by 60.1805 Must I meet other requirements for this subpart? continuous monitoring? 60.1705 What emission limits must I meet? 60.1810 How do I monitor the load of my mu- By when? nicipal waste combustion unit? 60.1710 What happens to the emission limits 60.1815 How do I monitor the temperature of during periods of startup, shutdown, and flue gases at the inlet of my particulate malfunction? matter control device?

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60.1820 How do I monitor the injection rate TABLE 1 TO SUBPART BBBB OF PART 60— of activated carbon? MODEL RULE—COMPLIANCE SCHEDULES 60.1825 What is the minimum amount of AND INCREMENTS OF PROGRESS monitoring data I must collect with my TABLE 2 TO SUBPART BBBB OF PART 60— continuous parameter monitoring sys- MODEL RULE—CLASS I EMISSION LIMITS tems and is the data collection require- FOR EXISTING SMALL MUNICIPAL WASTE ment enforceable? COMBUSTION UNITS TABLE 3 TO SUBPART BBBB OF PART 60— MODEL RULE—RECORDKEEPING MODEL RULE—CLASS I NITROGEN OXIDES 60.1830 What records must I keep? EMISSION LIMITS FOR EXISTING SMALL 60.1835 Where must I keep my records and MUNICIPAL WASTE COMBUSTION UNITS for how long? TABLE 4 TO SUBPART BBBB OF PART 60— 60.1840 What records must I keep for oper- MODEL RULE—CLASS II EMISSION LIMITS ator training and certification? FOR EXISTING SMALL MUNICIPAL WASTE 60.1845 What records must I keep for stack COMBUSTION UNITS tests? TABLE 5 TO SUBPART BBBB OF PART 60— 60.1850 What records must I keep for con- MODEL RULE—CARBON MONOXIDE EMIS- tinuously monitored pollutants or pa- SION LIMITS FOR EXISTING SMALL MUNIC- rameters? IPAL WASTE COMBUSTION UNITS 60.1855 What records must I keep for munic- TABLE 6 TO SUBPART BBBB OF PART 60— ipal waste combustion units that use ac- MODEL RULE—REQUIREMENTS FOR VALI- tivated carbon? DATING CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS) MODEL RULE—REPORTING TABLE 7 TO SUBPART BBBB OF PART 60— 60.1860 What reports must I submit and in MODEL RULE—REQUIREMENTS FOR CONTIN- what form? UOUS EMISSION MONITORING SYSTEMS 60.1865 What are the appropriate units of (CEMS) measurement for reporting my data? TABLE 8 TO SUBPART BBBB OF PART 60— 60.1870 When must I submit the initial re- MODEL RULE—REQUIREMENTS FOR STACK port? TESTS 60.1875 What must I include in my initial report? Subpart CCCC—Standards of Performance 60.1880 When must I submit the annual re- for Commercial and Industrial Solid port? Waste Incineration Units 60.1885 What must I include in my annual report? INTRODUCTION 60.1890 What must I do if I am out of com- 60.2000 What does this subpart do? pliance with the requirements of this 60.2005 When did this subpart become effec- subpart? tive? 60.1895 If a semiannual report is required, when must I submit it? APPLICABILITY 60.1900 What must I include in the semiannual out-of-compliance reports? 60.2010 Does this subpart apply to my incin- 60.1905 Can reporting dates be changed? eration unit? 60.2015 What is a new incineration unit? MODEL RULE—AIR CURTAIN INCINERATORS 60.2020 What combustion units are exempt THAT BURN 100 PERCENT YARD WASTE from this subpart? 60.1910 What is an air curtain incinerator? 60.2030 Who implements and enforces this 60.1915 What is yard waste? subpart? 60.1920 What are the emission limits for air 60.2035 How are these new source perform- curtain incinerators that burn 100 per- ance standards structured? cent yard waste? 60.2040 Do all eleven components of these 60.1925 How must I monitor opacity for air new source performance standards apply curtain incinerators that burn 100 per- at the same time? cent yard waste? PRECONSTRUCTION SITING ANALYSIS 60.1930 What are the recordkeeping and reporting requirements for air curtain in- 60.2045 Who must prepare a siting analysis? cinerators that burn 100 percent yard 60.2050 What is a siting analysis? waste? WASTE MANAGEMENT PLAN EQUATIONS 60.2055 What is a waste management plan? 60.1935 What equations must I use? 60.2060 When must I submit my waste management plan? DEFINITIONS 60.2065 What should I include in my waste 60.1940 What definitions must I know? management plan?

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OPERATOR TRAINING AND QUALIFICATION RECORDKEEPING AND REPORTING 60.2070 What are the operator training and 60.2175 What records must I keep? qualification requirements? 60.2180 Where and in what format must I 60.2075 When must the operator training keep my records? course be completed? 60.2185 What reports must I submit? 60.2080 How do I obtain my operator quali- 60.2190 What must I submit prior to com- fication? mencing construction? 60.2085 How do I maintain my operator 60.2195 What information must I submit qualification? prior to initial startup? 60.2200 What information must I submit fol- 60.2090 How do I renew my lapsed operator lowing my initial performance test? qualification? 60.2205 When must I submit my annual re- 60.2095 What site-specific documentation is port? required? 60.2210 What information must I include in 60.2100 What if all the qualified operators my annual report? are temporarily not accessible? 60.2215 What else must I report if I have a deviation from the operating limits or EMISSION LIMITATIONS AND OPERATING LIMITS the emission limitations? 60.2105 What emission limitations must I 60.2220 What must I include in the deviation meet and by when? report? 60.2110 What operating limits must I meet 60.2225 What else must I report if I have a and by when? deviation from the requirement to have a 60.2115 What if I do not use a wet scrubber, qualified operator accessible? fabric filter, activated carbon injection, 60.2230 Are there any other notifications or selective noncatalytic reduction, an elec- reports that I must submit? trostatic precipitator, or a dry scrubber 60.2235 In what form can I submit my re- to comply with the emission limitations? ports? 60.2240 Can reporting dates be changed? PERFORMANCE TESTING TITLE V OPERATING PERMITS 60.2125 How do I conduct the initial and an- 60.2242 Am I required to apply for and ob- nual performance test? tain a Title V operating permit for my 60.2130 How are the performance test data unit? used? AIR CURTAIN INCINERATORS (ACIS) INITIAL COMPLIANCE REQUIREMENTS 60.2245 What is an air curtain incinerator? 60.2135 How do I demonstrate initial compli- 60.2250 What are the emission limitations ance with the emission limitations and for air curtain incinerators? establish the operating limits? 60.2255 How must I monitor opacity for air 60.2140 By what date must I conduct the ini- curtain incinerators? tial performance test? 60.2260 What are the recordkeeping and re- 60.2141 By what date must I conduct the ini- porting requirements for air curtain in- tial air pollution control device inspec- cinerators? tion? DEFINITIONS CONTINUOUS COMPLIANCE REQUIREMENTS 60.2265 What definitions must I know? 60.2145 How do I demonstrate continuous TABLE 1 TO SUBPART CCCC OF PART 60—EMIS- compliance with the emission limita- SION LIMITATIONS FOR INCINERATORS FOR tions and the operating limits? WHICH CONSTRUCTION IS COMMENCED 60.2150 By what date must I conduct the an- AFTER NOVEMBER 30, 1999, BUT NO LATER nual performance test? THAN JUNE 4, 2010, OR FOR WHICH MODI- 60.2151 By what date must I conduct the an- FICATION OR RECONSTRUCTION IS COM- nual air pollution control device inspec- MENCED ON OR AFTER JUNE 1, 2001, BUT NO tion? LATER THAN AUGUST 7, 2013 60.2155 May I conduct performance testing TABLE 2 TO SUBPART CCCC OF PART 60—OPER- less often? ATING LIMITS FOR WET SCRUBBERS TABLE 3 TO SUBPART CCCC OF PART 60—TOXIC 60.2160 May I conduct a repeat performance EQUIVALENCY FACTORS test to establish new operating limits? TABLE 4 TO SUBPART CCCC OF PART 60—SUM- MONITORING MARY OF REPORTING REQUIREMENTS TABLE 5 TO SUBPART CCCC OF PART 60—EMIS- 60.2165 What monitoring equipment must I SION LIMITATIONS FOR INCINERATORS THAT install and what parameters must I mon- COMMENCED CONSTRUCTION AFTER JUNE 4, itor? 2010, OR THAT COMMENCED RECONSTRUC- 60.2170 Is there a minimum amount of moni- TION OR MODIFICATION AFTER AUGUST 7, toring data I must obtain? 2013

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TABLE 6 TO SUBPART CCCC OF PART 60—EMIS- MODEL RULE—INCREMENTS OF PROGRESS SION LIMITATIONS FOR ENERGY RECOVERY 60.2575 What are my requirements for meet- UNITS THAT COMMENCED CONSTRUCTION ing increments of progress and achieving AFTER JUNE 4, 2010, OR THAT COMMENCED final compliance? RECONSTRUCTION OR MODIFICATION AFTER 60.2580 When must I complete each incre- AUGUST 7, 2013 ment of progress? TABLE 7 TO SUBPART CCCC OF PART 60—EMIS- 60.2585 What must I include in the notifica- SION LIMITATIONS FOR WASTE-BURNING tions of achievement of increments of KILNS THAT COMMENCED CONSTRUCTION progress? AFTER JUNE 4, 2010, OR RECONSTRUCTION 60.2590 When must I submit the notifica- OR MODIFICATION AFTER AUGUST 7, 2013 tions of achievement of increments of TABLE 8 TO SUBPART CCCC OF PART 60—EMIS- progress? SION LIMITATIONS FOR SMALL, REMOTE IN- 60.2595 What if I do not meet an increment CINERATORS THAT COMMENCED CONSTRUC- of progress? TION AFTER JUNE 4, 2010, OR THAT COM- 60.2600 How do I comply with the increment MENCED RECONSTRUCTION OR MODIFICA- of progress for submittal of a control TION AFTER AUGUST 7, 2013 plan? 60.2605 How do I comply with the increment Subpart DDDD—Emissions Guidelines and of progress for achieving final compli- Compliance Times for Commercial ance? and Industrial Solid Waste Incineration 60.2610 What must I do if I close my CISWI Units and then restart it? 60.2615 What must I do if I plan to perma- INTRODUCTION nently close my CISWI and not restart it? 60.2500 What is the purpose of this subpart? 60.2505 Am I affected by this subpart? MODEL RULE—WASTE MANAGEMENT PLAN 60.2510 Is a state plan required for all 60.2620 What is a waste management plan? states? 60.2625 When must I submit my waste man- 60.2515 What must I include in my state agement plan? plan? 60.2630 What should I include in my waste 60.2520 Is there an approval process for my management plan? state plan? 60.2525 What if my state plan is not approv- MODEL RULE—OPERATOR TRAINING AND able? QUALIFICATION 60.2530 Is there an approval process for a 60.2635 What are the operator training and negative declaration letter? qualification requirements? 60.2535 What compliance schedule must I in- 60.2640 When must the operator training clude in my state plan? course be completed? 60.2540 Are there any state plan require- 60.2645 How do I obtain my operator quali- ments for this subpart that apply instead fication? of the requirements specified in subpart 60.2650 How do I maintain my operator B? qualification? 60.2541 In lieu of a state plan submittal, are 60.2655 How do I renew my lapsed operator there other acceptable option(s) for a qualification? state to meet its Clean Air Act section 60.2660 What site-specific documentation is 111(d)/129(b)(2) obligations? required? 60.2542 What authorities will not be dele- 60.2665 What if all the qualified operators gated to state, local, or tribal agencies? are temporarily not accessible? 60.2545 Does this subpart directly affect MODEL RULE—EMISSION LIMITATIONS AND CISWI owners and operators in my state? OPERATING LIMITS

APPLICABILITY OF STATE PLANS 60.2670 What emission limitations must I meet and by when? 60.2550 What CISWIs must I address in my 60.2675 What operating limits must I meet state plan? and by when? 60.2555 What combustion units are exempt 60.2680 What if I do not use a wet scrubber, from my state plan? fabric filter, activated carbon injection, selective noncatalytic reduction, an elec- USE OF MODEL RULE trostatic precipitator, or a dry scrubber 60.2560 What is the ‘‘model rule’’ in this sub- to comply with the emission limitations? part? MODEL RULE—PERFORMANCE TESTING 60.2565 How does the model rule relate to the required elements of my state plan? 60.2690 How do I conduct the initial and an- 60.2570 What are the principal components nual performance test? of the model rule? 14

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60.2695 How are the performance test data MODEL RULE—TITLE V OPERATING PERMITS used? 60.2805 Am I required to apply for and obtain a Title V operating permit for my MODEL RULE—INITIAL COMPLIANCE unit? REQUIREMENTS 60.2700 How do I demonstrate initial compli- MODEL RULE—AIR CURTAIN INCINERATORS ance with the amended emission limita- (ACIS) tions and establish the operating limits? 60.2810 What is an air curtain incinerator? 60.2705 By what date must I conduct the ini- 60.2815 What are my requirements for meet- tial performance test? ing increments of progress and achieving 60.2706 By what date must I conduct the ini- final compliance? tial air pollution control device inspec- 60.2820 When must I complete each incre- tion? ment of progress? 60.2825 What must I include in the notifica- MODEL RULE—CONTINUOUS COMPLIANCE tions of achievement of increments of REQUIREMENTS progress? 60.2830 When must I submit the notifica- 60.2710 How do I demonstrate continuous tions of achievement of increments of compliance with the amended emission progress? limitations and the operating limits? 60.2835 What if I do not meet an increment 60.2715 By what date must I conduct the an- of progress? nual performance test? 60.2840 How do I comply with the increment 60.2716 By what date must I conduct the an- of progress for submittal of a control nual air pollution control device inspec- plan? tion? 60.2845 How do I comply with the increment 60.2720 May I conduct performance testing of progress for achieving final compli- less often? ance? 60.2725 May I conduct a repeat performance 60.2850 What must I do if I close my air cur- test to establish new operating limits? tain incinerator and then restart it? 60.2855 What must I do if I plan to perma- MODEL RULE—MONITORING nently close my air curtain incinerator and not restart it? 60.2730 What monitoring equipment must I 60.2860 What are the emission limitations install and what parameters must I mon- for air curtain incinerators? itor? 60.2865 How must I monitor opacity for air 60.2735 Is there a minimum amount of moni- curtain incinerators? toring data I must obtain? 60.2870 What are the recordkeeping and reporting requirements for air curtain in- MODEL RULE—RECORDKEEPING AND cinerators? REPORTING MODEL RULE—DEFINITIONS 60.2740 What records must I keep? 60.2745 Where and in what format must I 60.2875 What definitions must I know? keep my records? TABLE 1 TO SUBPART DDDD OF PART 60— 60.2750 What reports must I submit? MODEL RULE—INCREMENTS OF PROGRESS 60.2755 When must I submit my waste man- AND COMPLIANCE SCHEDULES agement plan? TABLE 2 TO SUBPART DDDD OF PART 60— 60.2760 What information must I submit fol- MODEL RULE—EMISSION LIMITATIONS lowing my initial performance test? THAT APPLY TO INCINERATORS BEFORE 60.2765 When must I submit my annual re- [DATE TO BE SPECIFIED IN STATE PLAN] port? TABLE 3 TO SUBPART DDDD OF PART 60— 60.2770 What information must I include in MODEL RULE—OPERATING LIMITS FOR WET my annual report? SCRUBBERS TABLE 4 TO SUBPART DDDD OF PART 60— 60.2775 What else must I report if I have a MODEL RULE—TOXIC EQUIVALENCY FAC- deviation from the operating limits or TORS the emission limitations? TABLE 5 TO SUBPART DDDD OF PART 60— 60.2780 What must I include in the deviation MODEL RULE—SUMMARY OF REPORTING report? REQUIREMENTS 60.2785 What else must I report if I have a TABLE 6 TO SUBPART DDDD OF PART 60— deviation from the requirement to have a MODEL RULE—EMISSION LIMITATIONS qualified operator accessible? THAT APPLY TO INCINERATORS ON AND 60.2790 Are there any other notifications or AFTER [DATE TO BE SPECIFIED IN STATE reports that I must submit? PLAN] 60.2795 In what form can I submit my re- TABLE 7 TO SUBPART DDDD OF PART 60— ports? MODEL RULE—EMISSION LIMITATIONS 60.2800 Can reporting dates be changed? THAT APPLY TO ENERGY RECOVERY UNITS

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AFTER MAY 20, 2011 [DATE TO BE SPECI- 60.2911 What if all the qualified operators FIED IN STATE PLAN] are temporarily not accessible? TABLE 8 TO SUBPART DDDD OF PART 60— MODEL RULE—EMISSION LIMITATIONS EMISSION LIMITATIONS AND OPERATING LIMITS THAT APPLY TO WASTE-BURNING KILNS 60.2915 What emission limitations must I AFTER MAY 20, 2011 [DATE TO BE SPECI- meet and by when? FIED IN STATE PLAN] 60.2916 What operating limits must I meet TABLE 9 TO SUBPART DDDD OF PART 60— and by when? MODEL RULE—EMISSION LIMITATIONS 60.2917 What if I do not use a wet scrubber THAT APPLY TO SMALL, REMOTE INCINER- to comply with the emission limitations? ATORS AFTER MAY 20, 2011 [DATE TO BE 60.2918 What happens during periods of SPECIFIED IN STATE PLAN] startup, shutdown, and malfunction?

Subpart EEEE—Standards of Performance PERFORMANCE TESTING for Other Solid Waste Incineration Units for Which Construction is Commenced 60.2922 How do I conduct the initial and annual performance test? After December 9, 2004, or for Which 60.2923 How are the performance test data Modification or Reconstruction is Com- used? menced on or After June 16, 2006 INITIAL COMPLIANCE REQUIREMENTS INTRODUCTION 60.2927 How do I demonstrate initial compli- 60.2880 What does this subpart do? ance with the emission limitations and 60.2881 When does this subpart become ef- establish the operating limits? fective? 60.2928 By what date must I conduct the ini- APPLICABILITY tial performance test?

60.2885 Does this subpart apply to my incin- CONTINUOUS COMPLIANCE REQUIREMENTS eration unit? 60.2886 What is a new incineration unit? 60.2932 How do I demonstrate continuous 60.2887 What combustion units are excluded compliance with the emission limita- from this subpart? tions and the operating limits? 60.2888 Are air curtain incinerators regu- 60.2933 By what date must I conduct the an- lated under this subpart? nual performance test? 60.2889 Who implements and enforces this 60.2934 May I conduct performance testing subpart? less often? 60.2890 How are these new source perform- 60.2935 May I conduct a repeat performance ance standards structured? test to establish new operating limits? 60.2891 Do all components of these new source performance standards apply at MONITORING the same time? 60.2939 What continuous emission monitoring systems must I install? PRECONSTRUCTION SITING ANALYSIS 60.2940 How do I make sure my continuous 60.2894 Who must prepare a siting analysis? emission monitoring systems are oper- 60.2895 What is a siting analysis? ating correctly? 60.2941 What is my schedule for evaluating WASTE MANAGEMENT PLAN continuous emission monitoring sys- 60.2899 What is a waste management plan? tems? 60.2900 When must I submit my waste man- 60.2942 What is the minimum amount of agement plan? monitoring data I must collect with my 60.2901 What should I include in my waste continuous emission monitoring sys- management plan? tems, and is the data collection requirement enforceable? OPERATOR TRAINING AND QUALIFICATION 60.2943 How do I convert my 1-hour arith- 60.2905 What are the operator training and metic averages into the appropriate qualification requirements? averaging times and units? 60.2906 When must the operator training 60.2944 What operating parameter moni- course be completed? toring equipment must I install, and 60.2907 How do I obtain my operator quali- what operating parameters must I mon- fication? itor? 60.2908 How do I maintain my operator 60.2945 Is there a minimum amount of oper- qualification? ating parameter monitoring data I must 60.2909 How do I renew my lapsed operator obtain? qualification? RECORDKEEPING AND REPORTING 60.2910 What site-specific documentation is required? 60.2949 What records must I keep?

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60.2950 Where and in what format must I TABLES TO SUBPART EEEE OF PART 60 keep my records? 60.2951 What reports must I submit? TABLE 1 TO SUBPART EEEE OF PART 60—EMIS- 60.2952 What must I submit prior to com- SION LIMITATIONS mencing construction? TABLE 2 TO SUBPART EEEE OF PART 60—OP- 60.2953 What information must I submit ERATING LIMITS FOR INCINERATORS AND prior to initial startup? WET SCRUBBERS 60.2954 What information must I submit fol- TABLE 3 TO SUBPART EEEE OF PART 60—RE- lowing my initial performance test? QUIREMENTS FOR CONTINUOUS EMISSION 60.2955 When must I submit my annual re- MONITORING SYSTEMS (CEMS) port? TABLE 4 TO SUBPART EEEE OF PART 60—SUM- 60.2956 What information must I include in MARY OF REPORTING REQUIREMENTS my annual report? 60.2957 What else must I report if I have a Subpart FFFF—Emission Guidelines and deviation from the operating limits or Compliance Times for Other Solid the emission limitations? Waste Incineration Units That Com- 60.2958 What must I include in the deviation menced Construction On or Before report? December 9, 2004 60.2959 What else must I report if I have a deviation from the requirement to have a INTRODUCTION qualified operator accessible? 60.2960 Are there any other notifications or 60.2980 What is the purpose of this subpart? reports that I must submit? 60.2981 Am I affected by this subpart? 60.2961 In what form can I submit my re- 60.2982 Is a State plan required for all ports? States? 60.2962 Can reporting dates be changed? 60.2983 What must I include in my State plan? TITLE V OPERATING PERMITS 60.2984 Is there an approval process for my State plan? 60.2966 Am I required to apply for and ob- 60.2985 What if my State plan is not approv- tain a title V operating permit for my able? unit? 60.2986 Is there an approval process for a 60.2967 When must I submit a title V permit negative declaration letter? application for my new unit? 60.2987 What compliance schedule must I include in my State plan? TEMPORARY-USE INCINERATORS AND AIR CUR- 60.2988 Are there any State plan require- TAIN INCINERATORS USED IN DISASTER RE- ments for this subpart that apply instead COVERY of the requirements specified in subpart 60.2969 What are the requirements for tem- B of this part? porary-use incinerators and air curtain 60.2989 Does this subpart directly affect in- incinerators used in disaster recovery? cineration unit owners and operators in my State? AIR CURTAIN INCINERATORS THAT BURN ONLY 60.2990 What Authorities are withheld by WOOD WASTE, CLEAN LUMBER, AND YARD EPA? WASTE 60.2970 What is an air curtain incinerator? APPLICABILITY OF STATE PLANS 60.2971 What are the emission limitations 60.2991 What incineration units must I ad- for air curtain incinerators that burn dress in my State plan? only wood waste, clean lumber, and yard 60.2992 What is an existing incineration waste? unit? 60.2972 How must I monitor opacity for air 60.2993 Are any combustion units excluded curtain incinerators that burn only wood from my State plan? waste, clean lumber, and yard waste? 60.2994 Are air curtain incinerators regu- 60.2973 What are the recordkeeping and related under this subpart? porting requirements for air curtain incinerators that burn only wood waste, MODEL RULE—USE OF MODEL RULE clean lumber, and yard waste? 60.2996 What is the purpose of the ‘‘model 60.2974 Am I required to apply for and ob- rule’’ in this subpart? tain a title V operating permit for my air 60.2997 How does the model rule relate to curtain incinerator that burns only wood the required elements of my State plan? waste, clean lumber, and yard waste? 60.2998 What are the principal components of the model rule? EQUATIONS 60.2975 What equations must I use? MODEL RULE—COMPLIANCE SCHEDULE 60.3000 When must I comply? DEFINITIONS 60.3001 What must I do if I close my OSWI 60.2977 What definitions must I know? unit and then restart it?

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60.3002 What must I do if I plan to perma- MODEL RULE—MONITORING nently close my OSWI unit and not re- 60.3038 What continuous emission moni- start it? toring systems must I install? MODEL RULE—WASTE MANAGEMENT PLAN 60.3039 How do I make sure my continuous emission monitoring systems are oper- 60.3010 What is a waste management plan? ating correctly? 60.3011 When must I submit my waste man- 60.3040 What is my schedule for evaluating agement plan? continuous emission monitoring sys- 60.3012 What should I include in my waste tems? management plan? 60.3041 What is the minimum amount of monitoring data I must collect with my MODEL RULE—OPERATOR TRAINING AND continuous emission monitoring sys- QUALIFICATION tems, and is the data collection require- 60.3014 What are the operator training and ment enforceable? qualification requirements? 60.3042 How do I convert my 1-hour arith- 60.3015 When must the operator training metic averages into the appropriate course be completed? averaging times and units? 60.3016 How do I obtain my operator quali- 60.3043 What operating parameter moni- fication? toring equipment must I install, and 60.3017 How do I maintain my operator what operating parameters must I mon- qualification? itor? 60.3018 How do I renew my lapsed operator 60.3044 Is there a minimum amount of oper- qualification? ating parameter monitoring data I must 60.3019 What site-specific documentation is obtain? required? 60.3020 What if all the qualified operators MODEL RULE—RECORDKEEPING AND are temporarily not accessible? REPORTING 60.3046 What records must I keep? MODEL RULE—EMISSION LIMITATIONS AND 60.3047 Where and in what format must I OPERATING LIMITS keep my records? 60.3022 What emission limitations must I 60.3048 What reports must I submit? meet and by when? 60.3049 What information must I submit fol- 60.3023 What operating limits must I meet lowing my initial performance test? and by when? 60.3050 When must I submit my annual re- 60.3024 What if I do not use a wet scrubber port? to comply with the emission limitations? 60.3051 What information must I include in 60.3025 What happens during periods of my annual report? startup, shutdown, and malfunction? 60.3052 What else must I report if I have a deviation from the operating limits or MODEL RULE—PERFORMANCE TESTING the emission limitations? 60.3027 How do I conduct the initial and an- 60.3053 What must I include in the deviation nual performance test? report? 60.3028 How are the performance test data 60.3054 What else must I report if I have a used? deviation from the requirement to have a qualified operator accessible? MODEL RULE—INITIAL COMPLIANCE 60.3055 Are there any other notifications or REQUIREMENTS reports that I must submit? 60.3030 How do I demonstrate initial compli- 60.3056 In what form can I submit my re- ance with the emission limitations and ports? establish the operating limits? 60.3057 Can reporting dates be changed? 60.3031 By what date must I conduct the ini- MODEL RULE—TITLE V OPERATING PERMITS tial performance test? 60.3059 Am I required to apply for and ob- MODEL RULE—CONTINUOUS COMPLIANCE tain a title V operating permit for my REQUIREMENTS unit? 60.3033 How do I demonstrate continuous 60.3060 When must I submit a title V permit compliance with the emission limita- application for my existing unit? tions and the operating limits? MODEL RULE—TEMPORARY-USE INCINERATORS 60.3034 By what date must I conduct the an- AND AIR CURTAIN INCINERATORS USED IN nual performance test? DISASTER RECOVERY 60.3035 May I conduct performance testing less often? 60.3061 What are the requirements for tem- 60.3036 May I conduct a repeat performance porary-use incinerators and air curtain test to establish new operating limits? incinerators used in disaster recovery?

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MODEL RULE—AIR CURTAIN INCINERATORS stationary CI internal combustion engine THAT BURN ONLY WOOD WASTE, CLEAN LUM- manufacturer? BER, AND YARD WASTE 60.4202 What emission standards must I meet for emergency engines if I am a sta- 60.3062 What is an air curtain incinerator? tionary CI internal combustion engine 60.3063 When must I comply if my air cur- manufacturer? tain incinerator burns only wood waste, 60.4203 How long must my engines meet the clean lumber, and yard waste? emission standards if I am a manufac- 60.3064 What must I do if I close my air cur- turer of stationary CI internal combus- tain incinerator that burns only wood tion engines? waste, clean lumber, and yard waste and then restart it? EMISSION STANDARDS FOR OWNERS AND 60.3065 What must I do if I plan to perma- OPERATORS nently close my air curtain incinerator that burns only wood waste, clean lum- 60.4204 What emission standards must I ber, and yard waste and not restart it? meet for non-emergency engines if I am 60.3066 What are the emission limitations an owner or operator of a stationary CI for air curtain incinerators that burn internal combustion engine? only wood waste, clean lumber, and yard 60.4205 What emission standards must I waste? meet for emergency engines if I am an 60.3067 How must I monitor opacity for air owner or operator of a stationary CI in- curtain incinerators that burn only wood ternal combustion engine? waste, clean lumber, and yard waste? 60.4206 How long must I meet the emission 60.3068 What are the recordkeeping and re- standards if I am an owner or operator of porting requirements for air curtain in- a stationary CI internal combustion en- cinerators that burn only wood waste, gine? clean lumber, and yard waste? FUEL REQUIREMENTS FOR OWNERS AND 60.3069 Am I required to apply for and ob- OPERATORS tain a title V operating permit for my air curtain incinerator that burns only wood 60.4207 What fuel requirements must I meet waste, clean lumber, and yard waste? if I am an owner or operator of a stationary CI internal combustion engine MODEL RULE—EQUATIONS subject to this subpart? 60.3076 What equations must I use? OTHER REQUIREMENTS FOR OWNERS AND MODEL RULE—DEFINITIONS OPERATORS 60.3078 What definitions must I know? 60.4208 What is the deadline for importing or installing stationary CI ICE produced TABLES TO SUBPART FFFF OF PART 60 in previous model years? TABLE 1 TO SUBPART FFFF OF PART 60— 60.4209 What are the monitoring require- MODEL RULE—COMPLIANCE SCHEDULE ments if I am an owner or operator of a TABLE 2 TO SUBPART FFFF OF PART 60— stationary CI internal combustion en- MODEL RULE—EMISSION LIMITATIONS gine? TABLE 3 TO SUBPART FFFF OF PART 60— MODEL RULE—OPERATING LIMITS FOR IN- COMPLIANCE REQUIREMENTS CINERATORS AND WET SCRUBBERS 60.4210 What are my compliance require- TABLE 4 TO SUBPART FFFF OF PART 60— ments if I am a stationary CI internal MODEL RULE—REQUIREMENTS FOR CONTIN- combustion engine manufacturer? UOUS EMISSION MONITORING SYSTEMS (CEMS) 60.4211 What are my compliance requirements if I am an owner or operator of a TABLE 5 TO SUBPART FFFF OF PART 60— stationary CI internal combustion en- MODEL RULE—SUMMARY OF REPORTING gine? REQUIREMENTS A TESTING REQUIREMENTS FOR OWNERS AND Subparts GGGG–HHHH [Reserved] OPERATORS Subpart IIII—Standards of Performance for 60.4212 What test methods and other proce- Stationary Compression Ignition Inter- dures must I use if I am an owner or op- nal Combustion Engines erator of a stationary CI internal combustion engine with a displacement of WHAT THIS SUBPART COVERS less than 30 liters per cylinder? 60.4213 What test methods and other proce- 60.4200 Am I subject to this subpart? dures must I use if I am an owner or operator of a stationary CI internal com- EMISSION STANDARDS FOR MANUFACTURERS bustion engine with a displacement of 60.4201 What emission standards must I greater than or equal to 30 liters per cyl- meet for non-emergency engines if I am a inder?

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NOTIFICATION, REPORTS, AND RECORDS FOR EMISSION STANDARDS FOR MANUFACTURERS OWNERS AND OPERATORS 60.4231 What emission standards must I 60.4214 What are my notification, report- meet if I am a manufacturer of sta- ing, and recordkeeping requirements if I tionary SI internal combustion engines am an owner or operator of a stationary or equipment containing such engines? CI internal combustion engine? 60.4232 How long must my engines meet the emission standards if I am a manufac- SPECIAL REQUIREMENTS turer of stationary SI internal combus- 60.4215 What requirements must I meet for tion engines? engines used in Guam, American Samoa, or the Commonwealth of the Northern EMISSION STANDARDS FOR OWNERS AND Mariana Islands? OPERATORS 60.4216 What requirements must I meet for 60.4233 What emission standards must I engines used in Alaska? meet if I am an owner or operator of a 60.4217 What emission standards must I stationary SI internal combustion en- meet if I am an owner or operator of a gine? stationary internal combustion engine using special fuels? 60.4234 How long must I meet the emission standards if I am an owner or operator of GENERAL PROVISIONS a stationary SI internal combustion engine? 60.4218 What parts of the General Provi- sions apply to me? OTHER REQUIREMENTS FOR OWNERS AND OPERATORS DEFINITIONS 60.4219 What definitions apply to this sub- 60.4235 What fuel requirements must I meet part? if I am an owner or operator of a stationary SI gasoline fired internal com- TABLE 1 TO SUBPART IIII OF PART 60—EMIS- bustion engine subject to this subpart? SION STANDARDS FOR STATIONARY PRE- 60.4236 What is the deadline for importing 2007 MODEL YEAR ENGINES WITH A DIS- or installing stationary SI ICE produced PLACEMENT OF <10 LITERS PER CYLINDER in previous model years? AND 2007–2010 MODEL YEAR ENGINES >2,237 60.4237 What are the monitoring require- KW (3,000 HP) AND WITH A DISPLACEMENT ments if I am an owner or operator of an OF <10 LITERS PER CYLINDER emergency stationary SI internal com- TABLE 2 TO SUBPART IIII OF PART 60—EMIS- bustion engine? SION STANDARDS FOR 2008 MODEL YEAR AND LATER EMERGENCY STATIONARY CI COMPLIANCE REQUIREMENTS FOR ICE <37 KW (50 HP) AND WITH A DISPLACE- MANUFACTURERS MENT OF <10 LITERS PER CYLINDER TABLE 3 TO SUBPART IIII OF PART 60—CER- 60.4238 What are my compliance require- TIFICATION REQUIREMENTS FOR STA- ments if I am a manufacturer of sta- TIONARY FIRE PUMP ENGINES tionary SI internal combustion engines TABLE 4 TO SUBPART IIII OF PART 60—EMIS- ≤19 KW (25 HP) or a manufacturer of SION STANDARDS FOR STATIONARY FIRE equipment containing such engines? PUMP ENGINES 60.4239 What are my compliance require- TABLE 5 TO SUBPART IIII OF PART 60—LABEL- ments if I am a manufacturer of sta- ING AND RECORDKEEPING REQUIREMENTS tionary SI internal combustion engines FOR NEW STATIONARY EMERGENCY EN- >19 KW (25 HP) that use gasoline or a GINES manufacturer of equipment containing TABLE 6 TO SUBPART IIII OF PART 60—OP- such engines? TIONAL 3-MODE TEST CYCLE FOR STA- 60.4240 What are my compliance require- TIONARY FIRE PUMP ENGINES ments if I am a manufacturer of sta- TABLE 7 TO SUBPART IIII OF PART 60—RE- tionary SI internal combustion engines QUIREMENTS FOR PERFORMANCE TESTS FOR >19 KW (25 HP) that are rich burn en- STATIONARY CI ICE WITH A DISPLACEMENT gines that use LPG or a manufacturer of OF ≥30 LITERS PER CYLINDER equipment containing such engines? TABLE 8 TO SUBPART IIII OF PART 60—APPLI- 60.4241 What are my compliance require- CABILITY OF GENERAL PROVISIONS TO SUB- ments if I am a manufacturer of sta- PART IIII tionary SI internal combustion engines participating in the voluntary certifi- Subpart JJJJ—Standards of Performance cation program or a manufacturer of for Stationary Spark Ignition Internal equipment containing such engines? Combustion Engines 60.4242 What other requirements must I meet if I am a manufacturer of sta- WHAT THIS SUBPART COVERS tionary SI internal combustion engines 60.4230 Am I subject to this subpart? or equipment containing stationary SI

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internal combustion engines or a manu- Subpart KKKK—Standards of Performance facturer of equipment containing such for Stationary Combustion Turbines engines? INTRODUCTION COMPLIANCE REQUIREMENTS FOR OWNERS AND OPERATORS 60.4300 What is the purpose of this subpart?

60.4243 What are my compliance require- APPLICABILITY ments if I am an owner or operator of a 60.4305 Does this subpart apply to my sta- stationary SI internal combustion en- tionary combustion turbine? gine? 60.4310 What types of operations are exempt TESTING REQUIREMENTS FOR OWNERS AND from these standards of performance? OPERATORS EMISSION LIMITS 60.4244 What test methods and other proce- 60.4315 What pollutants are regulated by dures must I use if I am an owner or op- this subpart? erator of a stationary SI internal com- 60.4320 What emission limits must I meet bustion engine? for nitrogen oxides (NOX)? NOTIFICATION, REPORTS, AND RECORDS FOR 60.4325 What emission limits must I meet OWNERS AND OPERATORS for NOX if my turbine burns both natural gas and distillate oil (or some other com- 60.4245 What are my notification, reporting, bination of fuels)? and recordkeeping requirements if I am 60.4330 What emission limits must I meet an owner or operator of a stationary SI for sulfur dioxide (SO2)? internal combustion engine? GENERAL COMPLIANCE REQUIREMENTS GENERAL PROVISIONS 60.4333 What are my general requirements 60.4246 What parts of the General Provisions for complying with this subpart? apply to me? MONITORING MOBILE SOURCE PROVISIONS 60.4335 How do I demonstrate compliance 60.4247 What parts of the mobile source pro- for NOX if I use water or steam injection? visions apply to me if I am a manufac- 60.4340 How do I demonstrate continuous turer of stationary SI internal combus- compliance for NOX if I do not use water tion engines or a manufacturer of equip- or steam injection? ment containing such engines? 60.4345 What are the requirements for the continuous emission monitoring system DEFINITIONS equipment, if I choose to use this option? 60.4248 What definitions apply to this sub- 60.4350 How do I use data from the contin- part? uous emission monitoring equipment to identify excess emissions? TABLES TO SUBPART JJJJ OF PART 60 60.4355 How do I establish and document a proper parameter monitoring plan? TABLE 1 TO SUBPART JJJJ OF PART 60—NO , X 60.4360 How do I determine the total sulfur CO, AND VOC EMISSION STANDARDS FOR content of the turbine’s combustion fuel? STATIONARY NON-EMERGENCY SI ENGINES 60.4365 How can I be exempted from moni- ≥100 HP (EXCEPT GASOLINE AND RICH toring the total sulfur content of the BURN LPG), STATIONARY SI LANDFILL/DI- fuel? GESTER GAS ENGINES, AND STATIONARY EMERGENCY ENGINES >25 HP 60.4370 How often must I determine the sulfur content of the fuel? TABLE 2 TO SUBPART JJJJ OF PART 60—RE- QUIREMENTS FOR PERFORMANCE TESTS REPORTING TABLE 3 TO SUBPART JJJJ OF PART 60—AP- PLICABILITY OF GENERAL PROVISIONS TO 60.4375 What reports must I submit? SUBPART JJJJ 60.4380 How are excess emissions and mon- TABLE 4 TO SUBPART JJJJ OF PART 60—AP- itor downtime defined for NOX? PLICABILITY OF MOBILE SOURCE PROVI- 60.4385 How are excess emissions and moni- SIONS FOR MANUFACTURERS PARTICI- toring downtime defined for SO2? PATING IN THE VOLUNTARY CERTIFICATION 60.4390 What are my reporting requirements PROGRAM AND CERTIFYING STATIONARY SI if I operate an emergency combustion ICE TO EMISSION STANDARDS IN TABLE 1 turbine or a research and development OF SUBPART JJJJ turbine? 60.4395 When must I submit my reports?

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PERFORMANCE TESTS EMISSION LIMITS, EMISSION STANDARDS, AND OPERATING LIMITS AND REQUIREMENTS 60.4400 How do I conduct the initial and subsequent performance tests, regarding 60.4845 What emission limits and standards NOX? must I meet and by when? 60.4405 How do I perform the initial per- 60.4850 What operating limits and require- formance test if I have chosen to install ments must I meet and by when? a NOX-diluent CEMS? 60.4855 How do I establish operating limits 60.4410 How do I establish a valid parameter if I do not use a wet scrubber, fabric fil- range if I have chosen to continuously ter, electrostatic precipitator, or acti- monitor parameters? vated carbon injection, or if I limit emis- 60.4415 How do I conduct the initial and sub- sions in some other manner, to comply sequent performance tests for sulfur? with the emission limits? 60.4860 Do the emission limits, emission DEFINITIONS standards, and operating limits apply 60.4420 What definitions apply to this sub- during periods of startup, shutdown, and part? malfunction? TABLE 1 TO SUBPART KKKK OF PART 60—NI- 60.4861 How do I establish affirmative de- TROGEN OXIDE EMISSION LIMITS FOR NEW fense for exceedance of an emission limit STATIONARY COMBUSTION TURBINES or standard during malfunction?

Subpart LLLL—Standards of Performance INITIAL COMPLIANCE REQUIREMENTS for New Sewage Sludge Incineration Units 60.4865 How and when do I demonstrate initial compliance with the emission limits INTRODUCTION and standards? 60.4760 What does this subpart do? 60.4870 How do I establish my operating lim- 60.4765 When does this subpart become ef- its? fective? 60.4875 By what date must I conduct the initial air pollution control device inspec- APPLICABILITY AND DELEGATION OF tion and make any necessary repairs? AUTHORITY 60.4880 How do I develop a site-specific mon- 60.4770 Does this subpart apply to my sew- itoring plan for my continuous moni- age sludge incineration unit? toring, bag leak detection, and ash han- 60.4775 What is a new sewage sludge inciner- dling systems, and by what date must I ation unit? conduct an initial performance evalua- 60.4780 What sewage sludge incineration tion? units are exempt from this subpart? 60.4785 Who implements and enforces this CONTINUOUS COMPLIANCE REQUIREMENTS subpart? 60.4885 How and when do I demonstrate con- 60.4790 How are these new source perform- tinuous compliance with the emission ance standards structured? limits and standards? 60.4795 Do all nine components of these new 60.4890 How do I demonstrate continuous source performance standards apply at compliance with my operating limits? the same time? 60.4895 By what date must I conduct annual air pollution control device inspections PRECONSTRUCTION SITING ANALYSIS and make any necessary repairs? 60.4800 Who must prepare a siting analysis? 60.4805 What is a siting analysis? PERFORMANCE TESTING, MONITORING, AND CALIBRATION REQUIREMENTS OPERATOR TRAINING AND QUALIFICATION 60.4900 What are the performance testing, 60.4810 What are the operator training and monitoring, and calibration require- qualification requirements? ments for compliance with the emission 60.4815 When must the operator training limits and standards? course be completed? 60.4905 What are the monitoring and cali- 60.4820 How do I obtain my operator quali- bration requirements for compliance fication? with my operating limits? 60.4825 How do I maintain my operator qualification? RECORDKEEPING AND REPORTING 60.4830 How do I renew my lapsed operator qualification? 60.4910 What records must I keep? 60.4835 What if all the qualified operators 60.4915 What reports must I submit? are temporarily not accessible? TITLE V OPERATING PERMITS 60.4840 What site-specific documentation is required and how often must it be re- 60.4920 Am I required to apply for and ob- viewed by qualified operators and plant tain a Title V operating permit for my personnel? unit?

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60.4925 When must I submit a title V permit 60.5075 How does the model rule relate to application for my new SSI unit? the required elements of my state plan? 60.5080 What are the principal components DEFINITIONS of the model rule? 60.4930 What definitions must I know? MODEL RULE—INCREMENTS OF PROGRESS TABLES 60.5085 What are my requirements for meet- TABLE 1 TO SUBPART LLLL OF PART 60—EMIS- ing increments of progress and achieving SION LIMITS AND STANDARDS FOR FLUID- final compliance? IZED BED NEW SEWAGE SLUDGE INCINER- 60.5090 When must I complete each incre- ATION UNITS ment of progress? TABLE 2 TO SUBPART LLLL OF PART 60—EMIS- 60.5095 What must I include in the notifica- SION LIMITS AND STANDARDS FOR NEW tions of achievement of increments of MULTIPLE HEARTH SEWAGE SLUDGE INCIN- progress? ERATION UNITS 60.5100 When must I submit the notifica- TABLE 3 TO SUBPART LLLL OF PART 60—OP- tions of achievement of increments of ERATING PARAMETERS FOR NEW SEWAGE progress? SLUDGE INCINERATION UNITS 60.5105 What if I do not meet an increment TABLE 4 TO SUBPART LLLL OF PART 60— of progress? TOXIC EQUIVALENCY FACTORS 60.5110 How do I comply with the increment TABLE 5 TO SUBPART LLLL OF PART 60—SUM- of progress for submittal of a control MARY OF REPORTING REQUIREMENTS FOR plan? NEW SEWAGE SLUDGE INCINERATION UNITS 60.5115 How do I comply with the increment of progress for achieving final compli- Subpart MMMM—Emission Guidelines and ance? Compliance Times for Existing Sewage 60.5120 What must I do if I close my SSI Sludge Incineration Units unit and then restart it? 60.5125 What must I do if I plan to perma- INTRODUCTION nently close my SSI unit and not restart it? 60.5000 What is the purpose of this subpart? 60.5005 Am I affected by this subpart? MODEL RULE—OPERATOR TRAINING AND 60.5010 Is a state plan required for all QUALIFICATION states? 60.5015 What must I include in my state 60.5130 What are the operator training and plan? qualification requirements? 60.5020 Is there an approval process for my 60.5135 When must the operator training state plan? course be completed? 60.5025 What if my state plan is not approv- 60.5140 How do I obtain my operator quali- able? fication? 60.5030 Is there an approval process for a 60.5145 How do I maintain my operator negative declaration letter? qualification? 60.5035 What compliance schedule must I in- 60.5150 How do I renew my lapsed operator clude in my state plan? qualification? 60.5040 Are there any state plan require- 60.5155 What if all the qualified operators ments for this subpart that apply instead are temporarily not accessible? of the requirements specified in subpart 60.5160 What site-specific documentation is B? required and how often must it be re- 60.5045 In lieu of a state plan submittal, are viewed by qualified operators and plant there other acceptable option(s) for a personnel? state to meet its section 111(d)/129 (b)(2) obligations? MODEL RULE—EMISSION LIMITS, EMISSION 60.5050 What authorities will not be dele- STANDARDS, AND OPERATING LIMITS AND RE- gated to state, local, or tribal agencies? QUIREMENTS 60.5055 Does this subpart directly affect SSI 60.5165 What emission limits and standards unit owners and operators in my state? must I meet and by when? APPLICABILITY OF STATE PLANS 60.5170 What operating limits and requirements must I meet and by when? 60.5060 What SSI units must I address in my 60.5175 How do I establish operating limits state plan? if I do not use a wet scrubber, fabric fil- 60.5065 What SSI units are exempt from my ter, electrostatic precipitator, activated state plan? carbon injection, or afterburner, or if I limit emissions in some other manner, to USE OF MODEL RULE comply with the emission limits? 60.5070 What is the ‘‘model rule’’ in this sub- 60.5180 Do the emission limits, emission part? standards, and operating limits apply

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during periods of startup, shutdown, and TABLE 2 TO SUBPART MMMM OF PART 60— malfunction? MODEL RULE—EMISSION LIMITS AND 60.5181 How do I establish affirmative de- STANDARDS FOR EXISTING FLUIDIZED BED fense for exceedance of an emission limit SEWAGE SLUDGE INCINERATION UNITS or standard during malfunction? TABLE 3 TO SUBPART MMMM OF PART 60— MODEL RULE—EMISSION LIMITS AND MODEL RULE—INITIAL COMPLIANCE STANDARDS FOR EXISTING MULTIPLE REQUIREMENTS HEARTH SEWAGE SLUDGE INCINERATION 60.5185 How and when do I demonstrate ini- UNITS tial compliance with the emission limits TABLE 4 TO SUBPART MMMM OF PART 60— and standards? MODEL RULE—OPERATING PARAMETERS 60.5190 How do I establish my operating lim- FOR EXISTING SEWAGE SLUDGE INCINER- its? ATION UNITS 60.5195 By what date must I conduct the ini- TABLE 5 TO SUBPART MMMM OF PART 60— tial air pollution control device inspec- MODEL RULE—TOXIC EQUIVALENCY FAC- tion and make any necessary repairs? TORS TABLE 6 TO SUBPART MMMM OF PART 60— 60.5200 How do I develop a site-specific mon- MODEL RULE—SUMMARY OF REPORTING itoring plan for my continuous moni- REQUIREMENTS FOR EXISTING SEWAGE toring, bag leak detection, and ash han- SLUDGE INCINERATION UNITS dling systems, and by what date must I conduct an initial performance evaluation? Subpart NNNN [Reserved]

MODEL RULE—CONTINUOUS COMPLIANCE Subpart OOOO—Standards of Perform- REQUIREMENTS ance for Crude Oil and Natural Gas Production, Transmission and Distribu- 60.5205 How and when do I demonstrate continuous compliance with the emission tion for which Construction, Modifica- limits and standards? tion or Reconstruction Commenced 60.5210 How do I demonstrate continuous After August 23, 2011, and on or be- compliance with my operating limits? fore September 18, 2015 60.5215 By what date must I conduct annual air pollution control device inspections 60.5360 What is the purpose of this subpart? and make any necessary repairs? 60.5365 Am I subject to this subpart? 60.5370 When must I comply with this sub- MODEL RULE—PERFORMANCE TESTING, part? MONITORING, AND CALIBRATION REQUIREMENTS 60.5375 What standards apply to gas well affected facilities? 60.5220 What are the performance testing, 60.5380 What standards apply to centrifugal monitoring, and calibration require- compressor affected facilities? ments for compliance with the emission 60.5385 What standards apply to recipro- limits and standards? cating compressor affected facilities? 60.5225 What are the monitoring and cali- 60.5390 What standards apply to pneumatic bration requirements for compliance controller affected facilities? with my operating limits? 60.5395 What standards apply to storage vessel affected facilities? MODEL RULE—RECORDKEEPING AND 60.5400 What equipment leak standards REPORTING apply to affected facilities at an onshore 60.5230 What records must I keep? natural gas processing plant? 60.5235 What reports must I submit? 60.5401 What are the exceptions to the equipment leak standards for affected fa- MODEL RULE—TITLE V OPERATING PERMITS cilities at onshore natural gas processing 60.5240 Am I required to apply for and ob- plants? tain a title V operating permit for my 60.5402 What are the alternative emission existing SSI unit? limitations for equipment leaks from on- 60.5245 When must I submit a title V permit shore natural gas processing plants? application for my existing SSI unit? 60.5405 What standards apply to sweetening units at onshore natural gas processing MODEL RULE—DEFINITIONS plants? 60.5406 What test methods and procedures 60.5250 What definitions must I know? must I use for my sweetening units af- TABLES fected facilities at onshore natural gas processing plants? TABLE 1 TO SUBPART MMMM OF PART 60— 60.5407 What are the requirements for moni- MODEL RULE—INCREMENTS OF PROGRESS toring of emissions and operations from AND COMPLIANCE SCHEDULES FOR EXIST- my sweetening unit affected facilities at ING SEWAGE SLUDGE INCINERATION UNITS onshore natural gas processing plants?

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60.5408 What is an optional procedure for 60.5430 What definitions apply to this sub- measuring hydrogen sulfide in acid gas— part? Tutwiler Procedure? TABLE 1 TO SUBPART OOOO OF PART 60—RE- 60.5410 How do I demonstrate initial compli- QUIRED MINIMUM INITIAL SO2 EMISSION ance with the standards for my gas well REDUCTION EFFICIENCY (Z ) affected facility, my centrifugal com- i TABLE 2 TO SUBPART OOOO OF PART 60—RE- pressor affected facility, my recipro- QUIRED MINIMUM SO EMISSION REDUCTION cating compressor affected facility, my 2 EFFICIENCY (Z ) pneumatic controller affected facility, c my storage vessel affected facility, and TABLE 3 TO SUBPART OOOO OF PART 60—AP- my equipment leaks and sweetening unit PLICABILITY OF GENERAL PROVISIONS TO affected facilities at onshore natural gas SUBPART OOOO processing plants? 60.5411 What additional requirements must Subpart OOOOa—Standards of Perform- I meet to determine initial compliance ance for Crude Oil and Natural Gas for my covers and closed vent systems Facilities for which Construction, Modi- routing materials from storage vessels, fication or Reconstruction Com- reciprocating compressors and cen- menced After September 18, 2015 trifugal compressor wet seal degassing systems? 60.5360a What is the purpose of this subpart? 60.5412 What additional requirements must 60.5365a Am I subject to this subpart? I meet for determining initial compli- 60.5370a When must I comply with this sub- ance with control devices used to comply part? with the emission standards for my stor- 60.5375a What GHG and VOC standards age vessel or centrifugal compressor af- apply to well affected facilities? fected facility? 60.5380a What GHG and VOC standards 60.5413 What are the performance testing apply to centrifugal compressor affected procedures for control devices used to facilities? demonstrate compliance at my storage 60.5385a What GHG and VOC standards vessel or centrifugal compressor affected apply to reciprocating compressor af- facility? fected facilities? 60.5415 How do I demonstrate continuous 60.5390a What GHG and VOC standards compliance with the standards for my apply to pneumatic controller affected gas well affected facility, my centrifugal facilities? compressor affected facility, my stationary reciprocating compressor af- 60.5393a What GHG and VOC standards fected facility, my pneumatic controller apply to pneumatic pump affected facili- affected facility, my storage vessel af- ties? fected facility, and my affected facilities 60.5395a What VOC standards apply to stor- at onshore natural gas processing plants? age vessel affected facilities? 60.5416 What are the initial and continuous 60.5397a What fugitive emissions GHG and cover and closed vent system inspection VOC standards apply to the affected fa- and monitoring requirements for my cility which is the collection of fugitive storage vessel, centrifugal compressor emissions components at a well site and and reciprocating compressor affected fa- the affected facility which is the collec- cilities? tion of fugitive emissions components at 60.5417 What are the continuous control de- a compressor station? vice monitoring requirements for my 60.5398a What are the alternative means of storage vessel or centrifugal compressor emission limitations for GHG and VOC affected facility? from well completions, reciprocating 60.5420 What are my notification, reporting, compressors, the collection of fugitive and recordkeeping requirements? emissions components at a well site and 60.5421 What are my additional record- the collection of fugitive emissions com- keeping requirements for my affected fa- ponents at a compressor station? cility subject to VOC requirements for 60.5400a What equipment leak GHG and onshore natural gas processing plants? VOC standards apply to affected facili- 60.5422 What are my additional reporting re- ties at an onshore natural gas processing quirements for my affected facility sub- plant? ject to VOC requirements for onshore 60.5401a What are the exceptions to the natural gas processing plants? equipment leak GHG and VOC standards 60.5423 What additional recordkeeping and for affected facilities at onshore natural reporting requirements apply to my gas processing plants? sweetening unit affected facilities at on- 60.5402a What are the alternative means of shore natural gas processing plants? emission limitations for GHG and VOC 60.5425 What parts of the General Provisions equipment leaks from onshore natural apply to me? gas processing plants?

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60.5405a What standards apply to sweet- 60.5421a What are my additional record- ening unit affected facilities at onshore keeping requirements for my affected fa- natural gas processing plants? cility subject to GHG and VOC require- 60.5406a What test methods and procedures ments for onshore natural gas processing must I use for my sweetening unit af- plants? fected facilities at onshore natural gas 60.5422a What are my additional reporting processing plants? requirements for my affected facility 60.5407a What are the requirements for subject to GHG and VOC requirements monitoring of emissions and operations for onshore natural gas processing from my sweetening unit affected facili- plants? ties at onshore natural gas processing 60.5423a What additional recordkeeping and plants? reporting requirements apply to my 60.5408a What is an optional procedure for sweetening unit affected facilities at on- measuring hydrogen sulfide in acid gas— shore natural gas processing plants? Tutwiler Procedure? 60.5425a What parts of the General Provi- 60.5410a How do I demonstrate initial com- sions apply to me? pliance with the standards for my well, centrifugal compressor, reciprocating 60.5430a What definitions apply to this sub- compressor, pneumatic controller, pneu- part? matic pump, storage vessel, collection of 60.5432a How do I determine whether a well fugitive emissions components at a well is a low pressure well using the low pres- site, collection of fugitive emissions sure well equation? components at a compressor station, and 60.5433a–60.5439a [Reserved] equipment leaks and sweetening unit af- TABLE 1 TO SUBPART OOOOAOFPART 60—RE- fected facilities at onshore natural gas QUIRED MINIMUM INITIAL SO2 EMISSION processing plants? REDUCTION EFFICIENCY (ZI) 60.5411a What additional requirements must TABLE 2 TO SUBPART OOOOAOFPART 60—RE- I meet to determine initial compliance QUIRED MINIMUM SO EMISSION REDUCTION for my covers and closed vent systems 2 EFFICIENCY (ZC) routing emissions from centrifugal compressor wet seal fluid degassing systems, TABLE 3 TO SUBPART OOOOAOFPART 60—AP- reciprocating compressors, pneumatic PLICABILITY OF GENERAL PROVISIONS TO pumps and storage vessels? SUBPART OOOOA 60.5412a What additional requirements must I meet for determining initial compli- Subpart PPPP [Reserved] ance with control devices used to comply with the emission standards for my cen- Subpart QQQQ—Standards of Perform- trifugal compressor, and storage vessel ance for New Residential Hydronic affected facilities? Heaters and Forced-Air Furnaces 60.5413a What are the performance testing procedures for control devices used to 60.5472 Am I subject to this subpart? demonstrate compliance at my cen- 60.5473 What definitions must I know? trifugal compressor and storage vessel 60.5474 What standards and requirements affected facilities? must I meet and by when? 60.5415a How do I demonstrate continuous 60.5475 What compliance and certification compliance with the standards for my requirements must I meet and by when? well, centrifugal compressor, recipro- 60.5476 What test methods and procedures cating compressor, pneumatic controller, must I use to determine compliance with pneumatic pump, storage vessel, collec- the standards and requirements for cer- tion of fugitive emissions components at tification? a well site, and collection of fugitive 60.5477 What procedures must I use for EPA emissions components at a compressor approval of a test laboratory or EPA ap- station affected facilities, and affected proval of a third-party certifier? facilities at onshore natural gas proc- 60.5478 What requirements must I meet for essing plants? permanent labels, temporary labels 60.5416a What are the initial and continuous (hangtags), and owner’s manuals? cover and closed vent system inspection and monitoring requirements for my cen- 60.5479 What records must I keep and what trifugal compressor, reciprocating com- reports must I submit? pressor, pneumatic pump, and storage 60.5480 What activities are prohibited under vessel affected facilities? this subpart? 60.5417a What are the continuous control 60.5481 What hearing and appeal procedures device monitoring requirements for my apply to me? centrifugal compressor and storage ves- 60.5482 Who implements and enforces this sel affected facilities? subpart? 60.5420a What are my notification, report- 60.5483 What parts of the General Provisions ing, and recordkeeping requirements? do not apply to me?

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Subparts RRRR–SSSS [Reserved] TABLE 3 TO SUBPART TTTT OF PART 60—AP- PLICABILITY OF SUBPART A OF PART 60 Subpart TTTT—Standards of Performance for (GENERAL PROVISIONS) TO SUBPART TTTT Greenhouse Gas Emissions for Electric Generating Units Subpart UUUUa—Emission Guidelines for Greenhouse Gas Emissions From Exist- APPLICABILITY ing Electric Utility Generating Units

60.5508 What is the purpose of this subpart? INTRODUCTION 60.5509 Am I subject to this subpart? 60.5700a What is the purpose of this subpart? EMISSION STANDARDS 60.5705a Which pollutants are regulated by this subpart? 60.5515 Which pollutants are regulated by 60.5710a Am I affected by this subpart? this subpart? 60.5715a What is the review and approval 60.5520 What CO2 emissions standard must I process for my plan? meet? 60.5720a What if I do not submit a plan, my plan is incomplete, or my plan is not ap- GENERAL COMPLIANCE REQUIREMENTS provable? 60.5525 What are my general requirements 60.5725a In lieu of a State plan submittal, for complying with this subpart? are there other acceptable option(s) for a State to meet its CAA section 111(d) obli- MONITORING AND COMPLIANCE DETERMINATION gations? PROCEDURES 60.5730a Is there an approval process for a 60.5535 How do I monitor and collect data to negative declaration letter? demonstrate compliance? STATE PLAN REQUIREMENTS 60.5540 How do I demonstrate compliance

with my CO2 emissions standard and de- 60.5735a What must I include in my feder- termine excess emissions? ally enforceable State plan? 60.5740a What must I include in my plan NOTIFICATIONS, REPORTS, AND RECORDS submittal? 60.5745a What are the timing requirements 60.5550 What notifications must I submit for submitting my plan? and when? 60.5750a What schedules and compliance pe- 60.5555 What reports must I submit and riods must I include in my plan? when? 60.5755a What standards of performance 60.5560 What records must I maintain? must I include in my plan? 60.5565 In what form and how long must I 60.5760a What is the procedure for revising keep my records? my plan? 60.5765a What must I do to meet my plan OTHER REQUIREMENTS AND INFORMATION obligations? 60.5570 What parts of the general provisions apply to my affected EGU? APPLICABLITY OF PLANS TO DESIGNATED 60.5575 Who implements and enforces this FACILITIES subpart? 60.5770a Does this subpart directly affect 60.5580 What definitions apply to this sub- EGU owners or operators in my State? part? 60.5775a What designated facilities must I address in my State plan? TABLE 1 TO SUBPART TTTT OF PART 60—CO2 EMISSION STANDARDS FOR AFFECTED 60.5780a What EGUs are excluded from being STEAM GENERATING UNITS AND INTE- designated facilities? GRATED GASIFICATION COMBINED CYCLE 60.5785a What applicable monitoring, rec- FACILITIES THAT COMMENCED CONSTRUC- ordkeeping, and reporting requirements do I need to include in my plan for des- TION AFTER JANUARY 8, 2014 AND RECON- ignated facilities? STRUCTION OR MODIFICATION AFTER JUNE 18, 2014 RECORDKEEPING AND REPORTING TABLE 2 TO SUBPART TTTT OF PART 60—CO2 REQUIREMENTS EMISSION STANDARDS FOR AFFECTED STA- TIONARY COMBUSTION TURBINES THAT 60.5790a What are my recordkeeping re- COMMENCED CONSTRUCTION AFTER JANU- quirements? ARY 8, 2014 AND RECONSTRUCTION AFTER 60.5795a What are my reporting and notification requirements? JUNE 18, 2014 (NET ENERGY OUTPUT-BASED STANDARDS APPLICABLE AS APPROVED BY 60.5800a How do I submit information required by these Emission Guidelines to THE ADMINISTRATOR) the EPA?

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DEFINITIONS Continuous vapor processing system 60.5805a What definitions apply to this sub- means a vapor processing system that part? treats total organic compounds vapors collected from gasoline tank trucks on AUTHORITY: 42 U.S.C. 7401 et seq. a demand basis without intermediate SOURCE: 36 FR 24877, Dec. 23, 1971, unless accumulation in a vapor holder. otherwise noted. Existing vapor processing system means a vapor processing system [capable of Subpart XX—Standards of Per- achieving emissions to the atmosphere formance for Bulk Gasoline no greater than 80 milligrams of total Terminals organic compounds per liter of gasoline loaded], the construction or refurbish- SOURCE: 48 FR 37590, Aug. 18, 1983, unless ment of which was commenced before otherwise noted. December 17, 1980, and which was not constructed or refurbished after that § 60.500 Applicability and designation date. of affected facility. Flare means a thermal oxidation sys- (a) The affected facility to which the tem using an open (without enclosure) provisions of this subpart apply is the flame. total of all the loading racks at a bulk Gasoline means any petroleum dis- gasoline terminal which deliver liquid tillate or petroleum distillate/alcohol product into gasoline tank trucks. blend having a Reid vapor pressure of (b) Each facility under paragraph (a) 27.6 kilopascals or greater which is of this section, the construction or used as a fuel for internal combustion modification of which is commenced engines. after December 17, 1980, is subject to Gasoline tank truck means a delivery the provisions of this subpart. tank truck used at bulk gasoline ter- (c) For purposes of this subpart, any minals which is loading gasoline or replacement of components of an exist- which has loaded gasoline on the im- ing facility, described in paragraph (a) mediately previous load. of this section, commenced before Au- Intermittent vapor processing system gust 18, 1983 in order to comply with means a vapor processing system that any emission standard adopted by a employs an intermediate vapor holder State or political subdivision thereof to accumulate total organic com- will not be considered a reconstruction pounds vapors collected from gasoline under the provisions of 40 CFR 60.15. tank trucks, and treats the accumulated vapors only during automatically NOTE: The intent of these standards is to controlled cycles. minimize the emissions of VOC through the application of best demonstrated tech- Loading rack means the loading arms, nologies (BDT). The numerical emission lim- pumps, meters, shutoff valves, relief its in this standard are expressed in terms of valves, and other piping and valves total organic compounds. This emission necessary to fill delivery tank trucks. limit reflects the performance of BDT. Refurbishment means, with reference to a vapor processing system, replace- § 60.501 Definitions. ment of components of, or addition of The terms used in this subpart are components to, the system within any defined in the Clean Air Act, in § 60.2 of 2-year period such that the fixed cap- this part, or in this section as follows: ital cost of the new components re- Bulk gasoline terminal means any gas- quired for such component replacement oline facility which receives gasoline or addition exceeds 50 percent of the by pipeline, ship or barge, and has a cost of a comparable entirely new sys- gasoline throughput greater than 75,700 tem. liters per day. Gasoline throughput Thermal oxidation system means a shall be the maximum calculated de- combustion device used to mix and ig- sign throughput as may be limited by nite fuel, air pollutants, and air to pro- compliance with an enforceable condi- vide a flame to heat and oxidize haz- tion under Federal, State or local law ardous air pollutants. Auxiliary fuel and discoverable by the Administrator may be used to heat air pollutants to and any other person. combustion temperatures.

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Total organic compounds means those organic compounds vapors collected at compounds measured according to the one loading rack from passing to an- procedures in § 60.503. other loading rack. Vapor collection system means any (e) Loadings of liquid product into equipment used for containing total or- gasoline tank trucks shall be limited ganic compounds vapors displaced dur- to vapor-tight gasoline tank trucks ing the loading of gasoline tank trucks. using the following procedures: Vapor processing system means all (1) The owner or operator shall ob- equipment used for recovering or oxi- tain the vapor tightness documenta- dizing total organic compounds vapors tion described in § 60.505(b) for each displaced from the affected facility. gasoline tank truck which is to be Vapor-tight gasoline tank truck means loaded at the affected facility. a gasoline tank truck which has dem- (2) The owner or operator shall re- onstrated within the 12 preceding quire the tank identification number months that its product delivery tank to be recorded as each gasoline tank will sustain a pressure change of not truck is loaded at the affected facility. more than 750 pascals (75 mm of water) (3)(i) The owner or operator shall within 5 minutes after it is pressurized cross-check each tank identification to 4,500 pascals (450 mm of water). This number obtained in paragraph (e)(2) of capability is to be demonstrated using this section with the file of tank vapor the pressure test procedure specified in tightness documentation within 2 Method 27. weeks after the corresponding tank is [48 FR 37590, Aug. 18, 1983, as amended at 65 loaded, unless either of the following FR 61763, Oct. 17, 2000; 68 FR 70965, Dec. 19, conditions is maintained: 2003] (A) If less than an average of one gasoline tank truck per month over the § 60.502 Standard for Volatile Organic last 26 weeks is loaded without vapor Compound (VOC) emissions from tightness documentation then the doc- bulk gasoline terminals. umentation cross-check shall be per- On and after the date on which formed each quarter; or § 60.8(a) requires a performance test to (B) If less than an average of one gas- be completed, the owner or operator of oline tank truck per month over the each bulk gasoline terminal containing last 52 weeks is loaded without vapor an affected facility shall comply with tightness documentation then the doc- the requirements of this section. umentation cross-check shall be per- (a) Each affected facility shall be formed semiannually. equipped with a vapor collection sys- (ii) If either the quarterly or semi- tem designed to collect the total or- annual cross-check provided in para- ganic compounds vapors displaced from graphs (e)(3)(i) (A) through (B) of this tank trucks during product loading. section reveals that these conditions (b) The emissions to the atmosphere were not maintained, the source must from the vapor collection system due return to biweekly monitoring until to the loading of liquid product into such time as these conditions are again gasoline tank trucks are not to exceed met. 35 milligrams of total organic com- (4) The terminal owner or operator pounds per liter of gasoline loaded, ex- shall notify the owner or operator of cept as noted in paragraph (c) of this each non-vapor-tight gasoline tank section. truck loaded at the affected facility (c) For each affected facility within 1 week of the documentation equipped with an existing vapor proc- cross-check in paragraph (e)(3) of this essing system, the emissions to the at- section. mosphere from the vapor collection (5) The terminal owner or operator system due to the loading of liquid shall take steps assuring that the non- product into gasoline tank trucks are vapor-tight gasoline tank truck will not to exceed 80 milligrams of total or- not be reloaded at the affected facility ganic compounds per liter of gasoline until vapor tightness documentation loaded. for that tank is obtained. (d) Each vapor collection system (6) Alternate procedures to those de- shall be designed to prevent any total scribed in paragraphs (e)(1) through (5)

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of this section for limiting gasoline three-run requirement of § 60.8(f) does tank truck loadings may be used upon not apply to this subpart. application to, and approval by, the (b) Immediately before the perform- Administrator. ance test required to determine com- (f) The owner or operator shall act to pliance with § 60.502 (b), (c), and (h), the assure that loadings of gasoline tank owner or operator shall use Method 21 trucks at the affected facility are made to monitor for leakage of vapor all po- only into tanks equipped with vapor tential sources in the terminal’s vapor collection equipment that is compat- collection system equipment while a ible with the terminal’s vapor collec- gasoline tank truck is being loaded. tion system. The owner or operator shall repair all (g) The owner or operator shall act to leaks with readings of 10,000 ppm (as assure that the terminal’s and the tank methane) or greater before conducting truck’s vapor collection systems are the performance test. connected during each loading of a gas- (c) The owner or operator shall deter- oline tank truck at the affected facil- mine compliance with the standards in ity. Examples of actions to accomplish § 60.502 (b) and (c) as follows: this include training drivers in the (1) The performance test shall be 6 hookup procedures and posting visible hours long during which at least 300,000 reminder signs at the affected loading liters of gasoline is loaded. If this is racks. not possible, the test may be continued (h) The vapor collection and liquid the same day until 300,000 liters of gas- loading equipment shall be designed oline is loaded or the test may be re- and operated to prevent gauge pressure sumed the next day with another com- in the delivery tank from exceeding plete 6-hour period. In the latter case, 4,500 pascals (450 mm of water) during the 300,000-liter criterion need not be product loading. This level is not to be met. However, as much as possible, exceeded when measured by the proce- testing should be conducted during the dures specified in § 60.503(d). 6-hour period in which the highest (i) No pressure-vacuum vent in the throughput normally occurs. bulk gasoline terminal’s vapor collec- (2) If the vapor processing system is tion system shall begin to open at a intermittent in operation, the perform- system pressure less than 4,500 pascals ance test shall begin at a reference (450 mm of water). vapor holder level and shall end at the (j) Each calendar month, the vapor same reference point. The test shall in- collection system, the vapor processing clude at least two startups and shut- system, and each loading rack handling downs of the vapor processor. If this gasoline shall be inspected during the does not occur under automatically loading of gasoline tank trucks for controlled operations, the system shall total organic compounds liquid or be manually controlled. vapor leaks. For purposes of this paragraph, detection methods incor- (3) The emission rate (E) of total or- porating sight, sound, or smell are ac- ganic compounds shall be computed ceptable. Each detection of a leak shall using the following equation: be recorded and the source of the leak n repaired within 15 calendar days after = ()6 it is detected. EK∑ VCesi ei /10() L i=1 [48 FR 37590, Aug. 18, 1983; 48 FR 56580, Dec. where: 22, 1983, as amended at 54 FR 6678, Feb. 14, 1989; 64 FR 7466, Feb. 12, 1999] E = emission rate of total organic compounds, mg/liter of gasoline loaded. § 60.503 Test methods and procedures. Vesi = volume of air-vapor mixture exhausted at each interval ‘‘i’’, scm. (a) In conducting the performance Cei = concentration of total organic com- tests required in § 60.8, the owner or op- pounds at each interval ‘‘i’’, ppm. erator shall use as reference methods L = total volume of gasoline loaded, liters. and procedures the test methods in ap- n = number of testing intervals. pendix A of this part or other methods i = emission testing interval of 5 minutes. and procedures as specified in this sec- K = density of calibration gas, 1.83 × 106 for tion, except as provided in § 60.8(b). The propane and 2.41 × 106 for butane, mg/scm.

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(4) The performance test shall be con- (e) The performance test require- ducted in intervals of 5 minutes. For ments of paragraph (c) of this section each interval ‘‘i’’, readings from each do not apply to flares defined in § 60.501 measurement shall be recorded, and and meeting the requirements in the volume exhausted (Vesi) and the § 60.18(b) through (f). The owner or op- corresponding average total organic erator shall demonstrate that the flare compounds concentration (Cei) shall be and associated vapor collection system determined. The sampling system re- is in compliance with the requirements sponse time shall be considered in de- in §§ 60.18(b) through (f) and 60.503(a), termining the average total organic (b), and (d). compounds concentration cor- (f) The owner or operator shall use responding to the volume exhausted. alternative test methods and proce- (5) The following methods shall be dures in accordance with the alter- used to determine the volume (Vesi) air- native test method provisions in vapor mixture exhausted at each inter- § 60.8(b) for flares that do not meet the val: requirements in § 60.18(b). (i) Method 2B shall be used for com- [54 FR 6678, Feb. 14, 1989; 54 FR 21344, Feb. 14, bustion vapor processing systems. 1989, as amended at 68 FR 70965, Dec. 19, 2003] (ii) Method 2A shall be used for all other vapor processing systems. § 60.504 [Reserved] (6) Method 25A or 25B shall be used for determining the total organic com- § 60.505 Reporting and recordkeeping. pounds concentration (Cei) at each in- (a) The tank truck vapor tightness terval. The calibration gas shall be ei- documentation required under ther propane or butane. The owner or § 60.502(e)(1) shall be kept on file at the operator may exclude the methane and terminal in a permanent form avail- ethane content in the exhaust vent by able for inspection. any method (e.g., Method 18) approved (b) The documentation file for each by the Administrator. gasoline tank truck shall be updated at (7) To determine the volume (L) of least once per year to reflect current gasoline dispensed during the perform- test results as determined by Method ance test period at all loading racks 27. This documentation shall include, whose vapor emissions are controlled as a minimum, the following informa- by the processing system being tested, tion: terminal records or readings from gaso- (1) Test title: Gasoline Delivery Tank line dispensing meters at each loading Pressure Test—EPA Reference Method rack shall be used. 27. (d) The owner or operator shall deter- (2) Tank owner and address. mine compliance with the standard in (3) Tank identification number. § 60.502(h) as follows: (4) Testing location. (1) A pressure measurement device (5) Date of test. (liquid manometer, magnehelic gauge, (6) Tester name and signature. or equivalent instrument), capable of (7) Witnessing inspector, if any: measuring up to 500 mm of water gauge Name, signature, and affiliation. pressure with ±2.5 mm of water preci- (8) Test results: Actual pressure sion, shall be calibrated and installed change in 5 minutes, mm of water (av- on the terminal’s vapor collection sys- erage for 2 runs). tem at a pressure tap located as close (c) A record of each monthly leak in- as possible to the connection with the spection required under § 60.502(j) shall gasoline tank truck. be kept on file at the terminal for at (2) During the performance test, the least 2 years. Inspection records shall pressure shall be recorded every 5 min- include, as a minimum, the following utes while a gasoline truck is being information: loaded; the highest instantaneous pres- (1) Date of inspection. sure that occurs during each loading (2) Findings (may indicate no leaks shall also be recorded. Every loading discovered; or location, nature, and se- position must be tested at least once verity of each leak). during the performance test. (3) Leak determination method.

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(4) Corrective action (date each leak cost of the new components’’ or the repaired; reasons for any repair inter- ‘‘fixed capital costs that would be re- val in excess of 15 days). quired to construct a comparable en- (5) Inspector name and signature. tirely new facility’’ under § 60.15: pump (d) The terminal owner or operator seals, loading arm gaskets and swivels, shall keep documentation of all notifi- coupler gaskets, overfill sensor cou- cations required under § 60.502(e)(4) on plers and cables, flexible vapor hoses, file at the terminal for at least 2 years. and grounding cables and connectors. (e) As an alternative to keeping (b) Under § 60.15, the ‘‘fixed capital records at the terminal of each gaso- cost of the new components’’ includes line cargo tank test result as required the fixed capital cost of all depreciable in paragraphs (a), (c), and (d) of this components (except components speci- section, an owner or operator may fied in § 60.506(a)) which are or will be comply with the requirements in either replaced pursuant to all continuous paragraph (e)(1) or (2) of this section. programs of component replacement (1) An electronic copy of each record which are commenced within any 2- is instantly available at the terminal. year period following December 17, (i) The copy of each record in para- 1980. For purposes of this paragraph, graph (e)(1) of this section is an exact ‘‘commenced’’ means that an owner or duplicate image of the original paper operator has undertaken a continuous record with certifying signatures. program of component replacement or (ii) The permitting authority is noti- that an owner or operator has entered fied in writing that each terminal into a contractual obligation to under- using this alternative is in compliance take and complete, within a reasonable with paragraph (e)(1) of this section. time, a continuous program of compo- (2) For facilities that utilize a ter- nent replacement. minal automation system to prevent gasoline cargo tanks that do not have Subpart AAA—Standards of Per- valid cargo tank vapor tightness docu- formance for New Residential mentation from loading (e.g., via a card Wood Heaters lock-out system), a copy of the documentation is made available (e.g., via SOURCE: 80 FR 13702, Mar. 16, 2015, unless facsimile) for inspection by permitting otherwise noted. authority representatives during the course of a site visit, or within a mutu- § 60.530 Am I subject to this subpart? ally agreeable time frame. (a) You are subject to this subpart if (i) The copy of each record in para- you manufacture, sell, offer for sale, graph (e)(2) of this section is an exact import for sale, distribute, offer to dis- duplicate image of the original paper tribute, introduce or deliver for intro- record with certifying signatures. duction into commerce in the United (ii) The permitting authority is noti- States, or install or operate an affected fied in writing that each terminal wood heater specified in paragraphs using this alternative is in compliance (a)(1) or (a)(2) of this section, except as with paragraph (e)(2) of this section. provided in paragraph (c) of this sec- (f) The owner or operator of an af- tion. fected facility shall keep records of all (1) Each adjustable burn rate wood replacements or additions of compo- heater, single burn rate wood heater nents performed on an existing vapor and pellet stove manufactured on or processing system for at least 3 years. after July 1, 1988, with a current EPA [48 FR 37590, Aug. 18, 1983; 48 FR 56580, Dec. certificate of compliance issued prior 22, 1983, as amended at 68 FR 70965, Dec. 19, to May 15, 2015 according to the certifi- 2003] cation procedures in effect in this subpart at the time of certification is an § 60.506 Reconstruction. affected wood heater. For purposes of this subpart: (2) All other residential wood heaters (a) The cost of the following fre- as defined in § 60.531 manufactured or quently replaced components of the af- sold on or after May 15, 2015 are affected facility shall not be considered fected wood heaters, except as provided in calculating either the ‘‘fixed capital in paragraph (c) of this section.

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(b) Each affected wood heater must § 60.531 What definitions must I know? comply with the provisions of this sub- As used in this subpart, all terms not part unless exempted under paragraphs defined herein have the meaning given (b)(1) through (b)(6) of this section. them in the Clean Air Act and subpart These exemptions are determined by A of this part. rule applicability and do not require EPA notification or public notice. Adjustable burn rate wood heater means a wood heater that is equipped (1) Affected wood heaters manufac- with or installed with a damper or tured in the United States for export other mechanism to allow the operator are exempt from the applicable emis- to vary burn rate conditions, regard- sion limits of § 60.532 and the require- less of whether it is internal or exter- ments of § 60.533. nal to the appliance. This definition (2) Affected wood heaters used for re- does not distinguish between heaters search and development purposes that that are free standing, built-in or fire- are never offered for sale or sold and place inserts. that are not used for the purpose of Approved test laboratory means a test providing heat are exempt from the ap- laboratory that is approved for wood plicable emission limits of § 60.532 and heater certification testing under the requirements of § 60.533. No more § 60.535 or is an independent third-party than 50 wood heaters manufactured per test laboratory that is accredited model line can be exempted for this under ISO–IEC Standard 17025 to per- purpose. form testing using the test methods (3) Appliances that do not burn wood specified in § 60.534 by an accreditation or wood pellets (such as coal-only heat- body that is a full member signatory to ers that meet the definition in § 60.531 the International Laboratory Accredi- or corn-only pellet stoves) are exempt tation Cooperation Mutual Recognition from the applicable emission limits of Arrangement and approved by the EPA § 60.532 and the requirements of § 60.533 for conducting testing under this sub- provided that all advertising and war- part. ranties exclude wood burning. Camp stove (sometimes also called (4) Cook stoves as defined in § 60.531 cylinder stove or wall tent stove) are exempt from the applicable emis- means a portable stove equipped with a sion limits of § 60.532 and the require- pipe or chimney exhaust capable of ments of § 60.533. burning wood or coal intended for use (5) Camp stoves as defined in § 60.531 in a tent or other temporary structure are exempt from the applicable emis- used for hunting, camping, fishing or sion limits of § 60.532 and the require- other outdoor recreation. The primary ments of § 60.533. purpose of the stove is to provide space (6) Modification or reconstruction, as heating, although cooking and heating defined in §§ 60.14 and 60.15 of subpart A water may be additional functions. of this part does not, by itself, make a Catalytic combustor means a device wood heater an affected facility under coated with a noble metal used in a this subpart. wood heater to lower the temperature (c) The following are not affected required for combustion. wood heaters and are not subject to Chip wood fuel means wood chipped this subpart: into small pieces that are uniform in (1) Residential hydronic heaters and size, shape, moisture, density and en- residential forced-air furnaces subject ergy content. to subpart QQQQ of this part. Coal-only heater means an enclosed, (2) Residential masonry heaters that coal-burning appliance capable of space meet the definition in § 60.531. heating or space heating and domestic (3) Appliances that are not residen- water heating, which is marketed and tial heating devices (for example, man- warranted solely as a coal-only heater ufactured or site-built masonry fire- and has all of the following character- places). istics: (4) Traditional Native American bake (1) An opening for emptying ash that ovens that meet the definition in is located near the bottom or the side § 60.531. of the appliance;

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(2) A system that admits air pri- fies the requirements in paragraphs (1), marily up and through the fuel bed; (2) or (3) of this definition. (3) A grate or other similar device for (1) The model line includes a safety shaking or disturbing the fuel bed or a listing under recognized American or power-driven or mechanical stoker; Canadian safety standards, as docu- (4) Installation instructions, owner’s mented by a permanent label from a manual and marketing information nationally recognized certification that state that the use of wood in the body affixed on each unit sold, and that stove, except for coal ignition pur- said safety listing only allows oper- poses, is prohibited by law; and ation of the fireplace with doors fully (5) A safety listing as a coal-only open. Operation with any required safe- heater, except for coal ignition pur- ty screen satisfies this requirement. poses, under accepted American or Ca- (2) The model line has a safety listing nadian safety codes, as documented by that allows operation with doors a permanent label from a nationally closed, has no user-operated controls recognized certification body. other than flue or outside air dampers Commercial owner means any person that can only be adjusted to either a who owns or controls a wood heater in fully closed or fully opened position, the course of the business of the manu- and the requirements in either para- facture, importation, distribution (in- graph (2)(i) or (2)(ii) of this definition cluding shipping and storage), or sale are satisfied. of the wood heater. (i) Appliances are sold with tempered Cook stove means a wood-fired appli- glass panel doors only (either as stand- ance that is designed, marketed and ard or optional equipment), or warranted primarily for cooking food and that has the following characteris- (ii) The fire viewing area is equal to tics: or greater than 500 square inches. (1) An oven, with volume of 0.028 (3)(i) A model line that is clearly po- cubic meters (1 cubic foot) or greater, sitioned in the marketplace as in- and an oven rack; tended to be used primarily for aes- (2) A device for measuring oven tem- thetic enjoyment and not as a room peratures; heater, as demonstrated by product lit- (3) A flame path that is routed erature (including owner’s manuals), around the oven; advertising targeted at the trade or (4) An ash pan; public (including web-based pro- (5) An ash clean-out door below the motional materials) or training mate- oven; rials is presumptively a fireplace model (6) The absence of a fan or heat chan- line. nels to dissipate heat from the appli- (ii) The presumption in paragraph ance; (3)(i) of this definition can be rebutted (7) A cooking surface with an area by test data from an EPA-approved measured in square inches or square test laboratory reviewed by an EPA-ap- feet that is at least 1.5 times greater proved third-party certifier that were than the volume of firebox measured in generated when operating the appli- cubic inches or cubic feet. Example: A ance with the door(s) closed, and that cook stove with a firebox of 2 cubic feet demonstrate an average stack gas car- must have a cooking surface of at least bon dioxide (CO2) concentration over 3 square feet; the duration of the test run equal to or (8) A portion of at least four sides of less than 5.00 percent and a ratio of the the oven (which may include the bot- average stack gas CO2 to the average tom and/or top) is exposed to the flame stack gas carbon monoxide (CO) equal path during the heating cycle of the to or greater than 15:1. The stack gas oven. A flue gas bypass may exist for average CO2 and CO concentrations for temperature control. the test run shall be determined in ac- Fireplace means a wood-burning ap- cordance with the requirements in CSA pliance intended to be used primarily B415.1–10 (IBR, see § 60.17), clause 6.3, for aesthetic enjoyment and not as a using a sampling interval no greater space heater. An appliance is a fire- than 1 minute. The average stack gas place if it is in a model line that satis- CO2 and CO concentrations for purposes 34

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of this determination shall be the aver- intermittent fires burned rapidly in the age of the stack gas concentrations firebox is stored in the refractory mass from all sampling intervals over the for slow release to building spaces. Ma- full test run. sonry heaters are site-built (using local Manufactured means completed and materials or a combination of local ready for shipment (whether or not as- materials and manufactured compo- sembled or packaged) for purposes of nents) or site-assembled (using factory- determining the date of manufacture. built components), solid fuel-burning Manufacturer means any entity that heating appliances constructed mainly constructs or imports into the United of refractory materials (e.g., masonry States a wood heater. materials or soapstone. They typically Model line means all wood heaters of- have an interior construction con- fered for sale by a single manufacturer sisting of a firebox and heat exchange that are similar in all material re- channels built from refractory compo- spects that would affect emissions as nents, through which flue gases are defined in this section. routed. ASTM E–1602 ‘‘Standard Guide Particulate matter (PM) means total for Construction of Solid Fuel Burning particulate matter including coarse Masonry Heaters’’ provides design and particulate (PM10) and fine particulate construction information for the range (PM2.5). of masonry heaters most commonly Pellet fuel means refined and densified built in the United States. The site-as- fuel shaped into small pellets or bri- sembled models are generally listed to quettes that are uniform in size, shape, UL–1482. moisture, density and energy content. Sale means the transfer of ownership Pellet stove (sometimes called pellet or control, except that a transfer of heater or pellet space heater) means an control of an affected wood heater for enclosed, pellet or chip fuel-burning de- research and development purposes vice capable of and intended for resi- within the scope of § 60.530(b)(2) is not a dential space heating or space heating sale. and domestic water heating. Pellet Similar in all material respects that stoves include a fuel storage hopper or would affect emissions means that the bin and a fuel feed system. Pellet construction materials, exhaust and stoves include, but are not limited to: inlet air systems and other design fea- (1) Free-standing pellet stoves—pel- tures are within the allowed tolerances let stoves that are installed on legs or for components identified in on a pedestal or other supporting base. § 60.533(k)(2), (3) and (4). These stoves generally are safety listed Single burn rate wood heater means a under ASTM E1509, UL–1482, ULC S627 wood heater that is not equipped with or ULC–ORD C1482. or installed with a burn control device (2) Pellet stove fireplace inserts—pel- to allow the operator to vary burn rate let stoves intended to be installed in conditions. Burn rate control devices masonry fireplace cavities or in other include stack dampers that control the enclosures. These stoves generally are outflow of flue gases from the heater to safety listed under ASTM E1509, UL– the chimney, whether built into the ap- 1482, ULC–S628 or ULC–ORD C1482. pliance, sold with it, or recommended (3) Built-in pellet stoves—pellet for use with the heater by the manu- stoves intended to be recessed into the facturer, retailer or installer; and air wall. These stoves generally are safety control slides, gates or any other type listed under ASTM E1509, UL–127, ULC– of mechanisms that control combus- S610 or ULC–ORD C1482. tion air flow into the heater. Representative affected wood heater Sold at retail means the sale by a means an individual wood heater that commercial owner of a wood heater to is similar in all material respects that the ultimate purchaser/user or non- would affect emissions to other wood commercial purchaser. heaters within the model line it rep- Third-party certifier (sometimes called resents. third-party certifying body or product Residential masonry heater means a certifying body) means an independent factory-built or site-built wood-burn- third party that is accredited under ing device in which the heat from ISO–IEC Standards 17025 and 17065 to

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perform certifications, inspections and (3) Built-in wood heaters—Wood heat- audits by an accreditation body that is ers that are intended to be recessed a full member signatory to the Inter- into the wall. These appliances gen- national Laboratory Accreditation Co- erally are safety listed under UL–1482, operation Mutual Recognition Ar- UL–737, UL–127 or ULC–S610. rangement and approved by the EPA for conducting certifications, inspec- § 60.532 What standards and associ- tions and audits under this subpart. ated requirements must I meet and Traditional Native American bake oven by when? means a wood or other solid fuel burn- (a) 2015 particulate matter emission ing appliance that is designed pri- standards. Unless exempted under marily for use by Native Americans for § 60.530(b), each affected wood heater food preparation, cooking, warming or manufactured, imported into the for instructional, recreational, cultural United States, and/or sold at retail on or ceremonial purposes. or after May 15, 2015 must be certified Unseasoned wood means wood with an to not discharge into the atmosphere average moisture content of 20 percent any gases that contain particulate or more. matter in excess of a weighted average Valid certification test means a test of 4.5 g/hr (0.010 lb/hr), except that a that meets the following criteria: wood heater manufactured before May (1) The Administrator was notified 15, 2015 may be imported into the about the test in accordance with United States and/or sold at retail on § 60.534(g); or before December 31, 2015. Compli- (2) The test was conducted by an ap- ance for all heaters must be deter- proved test laboratory as defined in mined by the test methods and proce- this section; dures in § 60.534. (3) The test was conducted on a wood (b) 2020 particulate matter emission heater similar in all material respects standards. Unless exempted under that would affect emissions to other § 60.530(b) or electing to use the cord wood heaters of the model line that is wood alternative means of compliance to be certified; and option in paragraph (c) of the section, (4) The test was conducted in accordance with the test methods and proce- each affected wood heater manufac- dures specified in § 60.534. tured or sold at retail for use in the Wood heater means an enclosed, wood United States on or after May 15, 2020 burning-appliance capable of and in- must not discharge into the atmos- tended for residential space heating or phere any gases that contain particu- space heating and domestic water heat- late matter in excess of a weighted av- ing. These devices include, but are not erage of 2.0 g/hr (0.0044 lb/hr). Compli- limited to, adjustable burn rate wood ance for all heaters must be deter- heaters, single burn rate wood heaters mined by the test methods and proce- and pellet stoves. Wood heaters may or dures in § 60.534. may not include air ducts to deliver (c) 2020 cord wood alternative compli- some portion of the heat produced to ance option. Each affected wood heater areas other than the space where the manufactured or sold at retail for use wood heater is located. Wood heaters in the United States on or after May 15, include, but are not limited to: 2020 must not discharge into the at- (1) Free-standing wood heaters— mosphere any gases that contain par- Wood heaters that are installed on ticulate matter in excess of a weighted legs, on a pedestal or suspended from average of 2.5 g/hr (0.0055 lb/hr). Com- the ceiling. These products generally pliance must be determined by a cord are safety listed under UL–1482, UL–737 wood test method approved by the Ad- or ULC–S627. ministrator and the procedures in (2) Fireplace insert wood heaters— § 60.534. Wood heaters intended to be installed (d) Chip wood fuel requirements. Opera- in masonry fireplace cavities or in tors of wood heaters that are certified other enclosures. These appliances gen- to burn chip wood fuels must only burn erally are safety listed under UL–1482, chip wood fuels that have been speci- UL–737 or ULC–S628. fied in the owner’s manual. The chip

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wood fuel must meet the following (13) Any materials that are not in- minimum requirements: cluded in the warranty and owner’s (1) Moisture content: less than 35 per- manual for the subject wood heater; or cent; (14) Any materials that were not in- (2) Inorganic fines: less than or equal cluded in the certification tests for the to 1 percent; subject wood heater. (3) Chlorides: less than or equal to 300 (g) Operation of affected wood heaters. parts per million by weight; The user of an affected residential (4) Ash content: no more than 2 per- wood heater must operate the heater in cent; a manner consistent with the owner’s (5) No demolition or construction manual. The owner’s manual must waste; and clearly specify that operation in a manner inconsistent with the owner’s (6) Trace metals: less than 100 mg/kg. manual would void the warranty. (e) Pellet fuel requirements. Operators (h) Temperature sensor requirement. An of wood heaters that are certified to affected wood heater equipped with a burn pellet fuels may burn only pellets catalytic combustor must be equipped that have been specified in the owner’s with a temperature sensor that can manual and graded under a licensing monitor combustor gas stream tem- agreement with a third-party organiza- peratures within or immediately down- tion approved by the EPA (including a stream [within 2.54 centimeters (1 certification by the third-party organi- inch)] of the catalytic combustor sur- zation that the pellets do not contain, face. and are not manufactured from, any of the prohibited fuels in paragraph (f) of [80 FR 13702, Mar. 16, 2015, as amended at 85 this section). The Pellet Fuels Insti- FR 18455, Apr. 2, 2020] tute, ENplus, and CANplus are initially deemed to be approved third-party or- § 60.533 What compliance and certification requirements must I meet ganizations for this purpose, and addi- and by when? tional organizations may apply to the Administrator for approval. (a) Certification requirement. Each af- (f) Prohibited fuel types. No person is fected wood heater must be certified to permitted to burn any of the following be in compliance with the applicable materials in an affected wood heater: emission standards and other requirements of this subpart. For each model (1) Residential or commercial gar- line manufactured or sold by a single bage; entity (e.g., company or manufacturer), (2) Lawn clippings or yard waste; compliance with applicable emission (3) Materials containing rubber, in- standards of § 60.532 must be deter- cluding tires; mined based on testing of representa- (4) Materials containing plastic; tive affected wood heaters within the (5) Waste petroleum products, paints model line. If one entity licenses a or paint thinners, or asphalt products; model line to another entity, each enti- (6) Materials containing asbestos; ty’s model line must be certified. If an (7) Construction or demolition debris; entity intends to change the name of (8) Paper products, cardboard, ply- the entity or the name of the model, wood, or particleboard. The prohibition the manufacturer must apply for a new against burning these materials does certification 60 days before the in- not prohibit the use of fire starters tended name change. made from paper, cardboard, sawdust, (1) Except for model lines meeting wax and similar substances for the pur- the requirements of paragraph (h)(1) of pose of starting a fire in an affected this section, on or after May 15, 2015, wood heater; the manufacturer must submit to the (9) Railroad ties, pressure-treated Administrator the information re- wood or pallets; quired in paragraph (b) of this section (10) Manure or animal remains; and follow either the certification (11) Salt water driftwood or other process in paragraphs (c) through (e) of previously salt water saturated mate- this section or the third-party cer- rials; tifier-based application process speci- (12) Unseasoned wood; fied in paragraph (f) of this section.

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(2) On or after May 16, 2016, the man- (4) Clear identification of any ufacturer must submit the information claimed confidential business informa- required in paragraph (b) of this section (CBI). Submit such information tion and follow the third-party cer- under separate cover to the EPA CBI tifier-based application process speci- Office; Attn: Residential Wood Heater fied in paragraph (f) of this section. Compliance Program Lead, 1200 Penn- (b) Application for a certificate of com- sylvania Ave. NW., Washington, DC pliance. Any manufacturer of an af- 20004. Note that all emissions data, in- fected wood heater must apply to the cluding all information necessary to Administrator for a certificate of com- determine emission rates in the format pliance for each model line. The appli- of the standard, cannot be claimed as cation must be submitted to: CBI. [email protected]. The appli- (5) All documentation pertaining to a cation must be signed by a responsible valid certification test, including the representative of the manufacturer or complete test report and, for all test an authorized representative and must runs: Raw data sheets, laboratory tech- contain the following: nician notes, calculations and test re- (1) The model name and design num- sults. Documentation must include the ber. The model name and design num- items specified in the applicable test ber must clearly distinguish one model methods. Documentation must include from another. The name and design discussion of each test run and its ap- number cannot include the EPA sym- propriateness and validity, and must include detailed discussion of all anom- bol or logo or name or derivatives such alies, whether all burn rate categories as ‘‘EPA.’’ were achieved, any data not used in the (2) Engineering drawings and speci- calculations and, for any test runs not fications of components that may af- completed, the data collected during fect emissions (including specifications the test run and the reason(s) that the for each component listed in paragraph test run was not completed and why. (k)(2), (3) and (4) of this section). Manu- The burn rate for the low burn rate facturers may use assembly or design category must be no greater than the drawings that have been prepared for rate that an operator can achieve in other purposes, but must designate on home use and no greater than is adver- the drawings the dimensions of each tised by the manufacturer or retailer. component listed in paragraph (k) of The test report must include a sum- this section. Manufacturers must iden- mary table that clearly presents the tify tolerances of components listed in individual and overall emission rates, paragraph (k)(2) of this section that are efficiencies and heat outputs. Submit different from those specified in that the test report and all associated re- paragraph, and show that such toler- quired information, according to the ances cannot reasonably be anticipated procedures for electronic reporting to cause wood heaters in the model line specified in § 60.537(f). to exceed the applicable emission lim- (6) A copy of the warranties for the its. The drawings must identify how model line, which must include a state- the emission-critical parts, such as air ment that the warranties are void if tubes and catalyst, can be readily in- the unit is used to burn materials for spected and replaced. which the unit is not certified by the (3) A statement whether the firebox EPA and void if not operated according or any firebox component (including to the owner’s manual. the materials listed in paragraph (k)(3) (7) A statement that the manufac- of this section) will be composed of ma- turer will conduct a quality assurance terial different from the material used program for the model line that satis- for the firebox or firebox component in fies the requirements of paragraph (m) the wood heater on which certification of this section. testing was performed, a description of (8) A statement describing how the any such differences and demonstra- tested unit was sealed by the labora- tion that any such differences may not tory after the completion of certifi- reasonably be anticipated to adversely cation testing and asserting that such affect emissions or efficiency. unit will be stored by the manufacturer

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in the sealed state until 5 years after fected wood heater complies with the the certification test. applicable emission standards in (9) Statements that the wood heaters § 60.532; manufactured under this certificate (ii) Any tolerances or materials for will be— components listed in paragraph (k)(2) (i) Similar in all material respects or (3) of this section that are different that would affect emissions as defined from those specified in those para- in § 60.531 to the wood heater submitted graphs may not reasonably be antici- for certification testing, and pated to cause wood heaters in the (ii) Labeled as prescribed in § 60.536. model line to exceed the applicable (iii) Accompanied by an owner’s man- emission limits; and ual that meets the requirements in (iii) The requirements of paragraph § 60.536. In addition, a copy of the own- (b) of this section have been met. er’s manual must be submitted to the (2) The Administrator will deny cer- Administrator and be available to the tification if the Administrator deter- public on the manufacturer’s Web site. mines that the criteria in paragraph (10) A statement that the manufac- (c)(1) of this section have not been sat- turer has entered into contracts with isfied. Upon denying certification an approved laboratory and an ap- under this paragraph, the Adminis- proved third-party certifier that sat- trator will give written notice to the isfy the requirements of paragraph (f) manufacturer setting forth the basis of this section. for this determination. (11) A statement that the approved laboratory and approved third-party (d) Level of compliance certification. certifier are allowed to submit infor- The Administrator will issue the cer- mation on behalf of the manufacturer, tificate of compliance for the most including any claimed to be CBI. stringent particulate matter emission (12) A statement that the manufac- standard that the tested representative turer will place a copy of the certifi- wood heater meets under § 60.532. cation test report and summary on the (e) Conditional, temporary certificate of manufacturer’s Web site available to compliance. A conditional, temporary the public within 30 days after the Ad- certificate of compliance may be grant- ministrator issues a certificate of com- ed by the Administrator until May 16, pliance. 2016 based on the manufacturer’s sub- (13) A statement of acknowledgment mittal of a complete certification ap- that the certificate of compliance can- plication meeting all the requirements not be transferred to another manufac- in § 60.533(b). The application must in- turer or model line without written ap- clude the full test report by an EPA- proval by the Administrator. approved laboratory and all required (14) A statement acknowledging that compliance statements by the manu- it is unlawful to sell, distribute or offer facturer with the exception of a certifi- to sell or distribute an affected wood cate of conformity by an EPA-approved heater without a valid certificate of third-party certifier. The conditional, compliance. temporary certificate of compliance (15) Contact information for the re- would allow manufacture and sales of sponsible representative of the manu- the affected wood heater model line facturer and all authorized representa- until May 16, 2016 or until the Adminis- tives, including name, affiliation, phys- trator completes the review of the ap- ical address, telephone number and plication, whichever is earlier. By May email address. 16, 2016, the manufacturer must submit (c) Administrator approval process. (1) a certificate of conformity by an EPA- The Administrator may issue a certifi- approved third-party certifier. cate of compliance for a model line if (f) Third-party certifier-based applica- the Administrator determines, based tion process. (1) Any manufacturer of an on all information submitted by the affected wood heater must apply to the applicant and any other relevant infor- Administrator for a certificate of com- mation available, that: pliance for each model line. The manu- (i) A valid certification test dem- facturer must meet the following re- onstrates that the representative af- quirements:

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(i) The manufacturer must contract heater submitted for certification test- with a third-party certifier for certifi- ing; and that the affected heaters cation services. The contract must in- would meet all applicable requirements clude regular (at least annual) unan- of this subpart. nounced audits under ISO–IEC Stand- (iv) The manufacturer must then sub- ard 17065 to ensure that the manufac- mit to the Administrator an applica- turer’s quality assurance plan is being tion for a certificate of compliance implemented. The contract must also that includes the certification of con- include a report for each audit under formity, quality assurance plan, test ISO–IEC Standard 17065 that fully doc- report and all supporting documenta- uments the results of the audit. The tion specified in paragraph (b) of this contract must include authorization section. and requirement for the third-party (v) The submission also must include certifier to submit all such reports to a statement signed by a responsible of- the Administrator and the manufac- ficial of the manufacturer or author- turer within 30 days of the audit. The ized representative that the manufac- audit report must identify deviations turer has complied with and will con- from the manufacturer’s quality assur- tinue to comply with all requirements ance plan and specify the corrective ac- of this subpart for certificate of com- tions that need to be taken to address pliance and that the manufacturer re- each identified deficiency. mains responsible for compliance re- (ii) The manufacturer must submit gardless of any error by the test lab- the materials specified in paragraph (b) oratory or third-party certifier. of this section and a quality assurance (2) The Administrator will issue to plan that meets the requirements of the manufacturer a certificate of com- paragraph (m) of this section to the pliance for a model line if it is deter- third-party certifier. The quality as- mined, based on all of the information surance plan must ensure that units submitted in the application for cer- within a model line will be similar in tification and any other relevant infor- all material respects that would affect mation, that: emissions to the wood heater sub- (i) A valid certification of conformity mitted for certification testing, and it has demonstrated that the representa- must include design drawings for the tive affected wood heater complies model line. with the applicable emission standards (iii) The manufacturer must apply to in § 60.532; the third-party certifier for a certifi- (ii) Any tolerances or materials for cation of conformity with the applica- components listed in paragraph (k)(2) ble requirements of this subpart for the or (3) of this section that are different model line. from those specified in those para- (A) After testing by an approved test graphs may not be reasonably antici- laboratory is complete, certification of pated to cause wood heaters in the conformity with the emission stand- model line to exceed the applicable ards in § 60.532 must be performed by emission limits; the manufacturer’s contracted third- (iii) The requirements of paragraph party certifier. (b) of this section have been met; and (B) The third-party certifier may cer- (iv) A valid certificate of conformity tify conformity if the emission tests for the model line has been prepared have been conducted per the appro- and submitted. priate guidelines; the test report is (3) The Administrator will deny cer- complete and accurate; the instrumen- tification if the Administrator deter- tation used for the test was properly mines that the criteria in paragraph calibrated; the test report shows that (f)(2) of this section have not been sat- the representative affected wood heat- isfied. Upon denying certification er meets the applicable emission limits under this paragraph, the Adminis- specified in § 60.532; the quality assur- trator will give written notice to the ance plan is adequate to ensure that manufacturer setting forth the basis units within the model line will be for the determination. similar in all material respects that (g) Waiver from submitting test results. would affect emissions to the wood An applicant for certification may

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apply for a potential waiver of the renewal of its certificate of compliance quirement to submit the results of a by submitting the material specified in certification test pursuant to para- paragraph (b) and following the proce- graph (b)(5) of this section, if the wood dures specified in paragraph (f) of this heater meets either of the following section, or by affirming in writing that conditions: the wood heaters in the model line con- (1) The wood heaters of the model tinue to be similar in all material re- line are similar in all material respects spects that would affect emissions to that would affect emissions, as defined the representative wood heater sub- in § 60.531, to another model line that mitted for testing on which the origi- has already been issued a certificate of nal certificate of compliance was based compliance. A manufacturer that seeks and requesting a potential waiver from a waiver of certification testing must certification testing. The application identify the model line that has been must include a copy of the review of certified, and must submit a copy of an the draft application and approval by agreement with the owner of the design the third-party certifier. permitting the applicant to produce (3) If the Administrator grants a re- wood heaters of that design. newal of certification, the Adminis- (2) The manufacturer has previously trator will give written notice to the conducted a valid certification test to manufacturer setting forth the basis demonstrate that the wood heaters of for the determination and issue a cer- the model line meet the applicable tification renewal. standard specified in § 60.532. (4) If the Administrator denies the re- (h) Certification period. Unless request for a renewal of certification, the voked sooner by the Administrator, a Administrator will give written notice certificate of compliance will be valid to the manufacturer setting forth the for the following periods as applicable: basis for the determination. (1) For a model line that was pre- (5) If the Administrator denies the re- viously certified as meeting the 1990 quest for a renewal of certification, the Phase II emission standards under the 1988 NSPS, in effect prior to May 15, manufacturer and retailer must not 2015, at an emission level equal to or manufacture or sell the previously-cer- less than the 2015 emission standards in tified wood heaters after the expiration § 60.532(a), the model line is deemed to date of the certificate of compliance. have a certificate of compliance for the (j) [Reserved] 2015 emission standards in § 60.532(a), (k) Recertification. (1) The manufac- which is valid until the effective date turer must recertify a model line when- for the 2020 standards in § 60.532(b) (i.e., ever any change is made in the design until May 15, 2020). submitted pursuant to paragraph (b)(2) (2) For a model line certified as meet- of this section that affects or is pre- ing emission standards in § 60.532, a cer- sumed to affect the particulate matter tificate of compliance will be valid for emission rate for that model line. The 5 years from the date of issuance or manufacturer of an affected wood heat- until a more stringent standard comes er must apply to the Administrator for into effect, whichever is sooner. potential recertification by submitting (i) Renewal of certification. (1) The the material specified in paragraph (b) manufacturer must request renewal of and following the procedures specified a model line’s certificate of compliance in paragraph (f) of this section, or by or recertify the model line every 5 affirming in writing that the change years, or the manufacturer may choose will not cause wood heaters in the to no longer manufacture or sell that model line to exceed applicable emis- model line after the expiration date. If sion limits and requesting a potential the manufacturer chooses to no longer waiver from certification testing. The manufacture that model line, then the application for recertification must be manufacturer must submit a statement reviewed and approved by the con- to the Administrator to that effect. tracted third-party certifier and a copy (2) A manufacturer of an affected of the review and approval must be in- wood heater model line may apply to cluded. The Administrator may waive the Administrator for potential re- this requirement upon written request

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by the manufacturer, if the manufac- (3) Any change in the materials used turer presents adequate rationale and for the following components is pre- the Administrator determines that the sumed to affect particulate matter change may not reasonably be antici- emissions and efficiency: pated to cause wood heaters in the (i) Refractory/insulation; or model line to exceed the applicable (ii) Door and catalyst bypass gaskets. emission limits. The granting of such a (4) A change in the make, model or waiver does not relieve the manufac- composition of a catalyst is presumed turer of any compliance obligations to affect particulate matter and carbon under this subpart. monoxide emissions and efficiency, un- (2) Any change in the design toler- less the change has been requested by ances or actual dimensions of any of the heater manufacturer and has been the following components (where such approved in advance by the Adminis- components are applicable) is pre- trator, based on test data that dem- sumed to affect particulate matter and onstrate that the replacement catalyst carbon monoxide emissions and effi- is equivalent to or better than the ± ciency if that change exceeds 0.64 cm original catalyst in terms of particu- ±1 ( ⁄4 inch) for any linear dimension and late matter emission reduction. ±5 percent for any cross-sectional area (l) Criteria for revocation of certifi- relating to air introduction systems cation. (1) The Administrator may re- and catalyst bypass gaps unless other voke certification if it is determined dimensions and cross-sectional areas that the wood heaters being manufac- are previously approved by the Admin- tured or sold in that model line do not istrator under paragraph (c)(1)(ii) of comply with the requirements of this this section: subpart. Such a determination will be (i) Firebox: Dimensions; based on all available evidence, includ- (ii) Air introduction systems: Cross- ing but not limited to: sectional area of restrictive air inlets and outlets, location and method of (i) Test data from a retesting of the control; original unit on which the certification (iii) Baffles: Dimensions and loca- test was conducted or a unit that is tions; similar in all material respects that (iv) Refractory/insulation: Dimen- would affect emissions; sions and location; (ii) A finding that the certification (v) Catalyst: Dimensions and loca- test was not valid. The finding will be tion; based on problems or irregularities (vi) Catalyst bypass mechanism and with the certification test or its docu- catalyst bypass gap tolerances (when mentation, but may be supplemented bypass mechanism is in closed posi- by other information; tion): Dimensions, cross-sectional area, (iii) A finding that the labeling of the and location; wood heater model line, the owner’s (vii) Flue gas exit: Dimensions and manual or the associated marketing in- location; formation does not comply with the re- (viii) Door and catalyst bypass gas- quirements of § 60.536; kets: Dimensions and fit; (iv) Failure by the manufacturer to (ix) Outer thermal shielding and comply with reporting and record- thermal coverings: Dimensions and lo- keeping requirements under § 60.537; cation; (v) Physical examination showing (x) Fuel feed system: For wood heat- that a significant percentage (as de- ers that are designed primarily to burn fined in the quality assurance plan ap- pellet fuel or wood chips and other proved pursuant to paragraph (m) of wood heaters equipped with a fuel feed this section, but no larger than 1 per- system, the fuel feed rate, auger motor cent) of production units inspected is design and power rating, and the angle not similar in all material respects of the auger to the firebox; and that would affect emissions to the rep- (xi) Forced-air combustion system: resentative affected wood heater sub- For wood heaters so equipped, the loca- mitted for certification testing; tion and horsepower of blower motors (vi) Failure of the manufacturer to and the fan blade size. conduct a quality assurance program

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in conformity with paragraph (m) of ports to the Administrator and the this section; or manufacturer within 30 days of the (vii) Failure of the approved labora- audit. The audit report must identify tory to test the wood heater using the deviations from the manufacturer’s methods specified in § 60.534. quality assurance plan and specify the (2) Revocation of certification under corrective actions that need to be this paragraph (l) will not take effect taken to address each identified defi- until the manufacturer concerned has ciency. been given written notice by the Ad- (5) Within 30 days after receiving ministrator setting forth the basis for each audit report, the manufacturer the proposed determination and an op- must report to the third-party certifier portunity to request a hearing under and to the Administrator its corrective § 60.539. actions and responses to any defi- (m) Quality assurance program. On or ciencies identified in the audit report. after May 16, 2016, for each certified No such report is required if an audit model line, the manufacturer must report did not identify any defi- conduct a quality assurance program ciencies. that satisfies the requirements of para- (n) EPA compliance audit testing. (1)(i) graphs (m)(1) through (5) of this sec- The Administrator may select by writ- tion. The quality assurance program ten notice wood heaters or model lines requirements of this paragraph (m) su- for compliance audit testing to deter- persede the quality assurance plan re- mine compliance with the emission quirements previously specified in standards in § 60.532. § 60.533(o) that was in effect prior to (ii) The Administrator will transmit May 15, 2015. The manufacturer of a a written notification of the selected model line with a compliance certifi- wood heaters or model line(s) to the cation under paragraph (h)(1) of this manufacturer, which will include the section must conduct a quality assur- name and address of the laboratory se- ance program that satisfies the re- lected to perform the audit test and quirements of this paragraph (m) by May 16, 2016. the model name and serial number of (1) The manufacturer must prepare the wood heater(s) or model line(s) se- and operate according to a quality as- lected to undergo audit testing. surance plan for each certified model (2)(i) The Administrator may test, or line that includes specific inspection direct the manufacturer to have tested, and testing requirements for ensuring a wood heater or a wood heater from that all units within a model line are the model line(s) selected under para- similar in all material respects that graph (n)(1)(i) of this section in a lab- would affect emissions to the wood oratory approved under § 60.535. The heater submitted for certification test- Administrator may select any ap- ing and meet the emissions standards proved test laboratory or federal lab- in § 60.532. oratory for this audit testing. (2) The quality assurance plan must (ii) The expense of the compliance be approved by the third-party certifier audit test is the responsibility of the as part of the certification of con- wood heater manufacturer. formity process specified in paragraph (iii) The test must be conducted (f) of this section. using the same test method used to ob- (3) The quality assurance plan must tain certification. If the certification include regular (at least annual) unan- test consisted of more than one partic- nounced audits by the third-party cer- ulate matter sampling test method, the tifier under ISO–IEC Standard 17065 to Administrator may direct the manu- ensure that the manufacturer’s quality facturer and test laboratory as to assurance plan is being implemented. which of these methods to use for the (4) The quality assurance plan must purpose of audit testing. The Adminis- include a report for each audit under trator will notify the manufacturer at ISO–IEC Standard 17065 that fully doc- least 30 days prior to any test under uments the results of the audit. The this paragraph, and allow the manufac- third-party certifier must be author- turer and/or his authorized representa- ized and required to submit all such re- tives to observe the test.

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(3) Revocation of certification. (i) If (iv) Upon receiving notification of a emissions from a wood heater tested test failure under paragraph (n)(3)(ii) of under paragraph (n)(2) of this section this section, the manufacturer may re- exceed the applicable emission stand- quest that up to four additional wood ard by more than 50 percent using the heaters from the same model line be same test method used to obtain cer- tested at the manufacturer’s expense, tification, the Administrator will no- at the test laboratory that performed tify the manufacturer that certifi- the emissions test for the Adminis- cation for that model line is suspended trator. effective 72 hours from the receipt of (v) Whether or not the manufacturer the notice, unless the suspension no- proceeds under paragraph (n)(3)(iv) of tice is withdrawn by the Adminis- this section, the manufacturer may trator. The suspension will remain in submit any relevant information to the effect until withdrawn by the Adminis- Administrator, including any other trator, or the date 30 days from its ef- test data generated pursuant to this fective date if a revocation notice subpart. The manufacturer must bear under paragraph (n)(3)(ii) of this sec- the expense of any additional testing. tion is not issued within that period, or (vi) The Administrator will withdraw the date of final agency action on rev- any notice issued under paragraph ocation, whichever occurs earliest. (n)(3)(ii) of this section if tests under (ii)(A) If emissions from a wood heat- paragraph (n)(3)(iv) of this section er tested under paragraph (n)(2) of this show either— section exceed the applicable emission (A) That exactly four additional limit, the Administrator will notify wood heaters were tested for the manu- the manufacturer that certification is facturer and all four met the applicable revoked for that model line. emission limits; or (B) A revocation notice under para- (B) That exactly two additional wood graph (n)(3)(ii)(A) of this section will heaters were tested for the manufac- become final and effective 60 days after turer and each of them met the appli- the date of written notification to the cable emission limits and the average manufacturer, unless it is withdrawn, a emissions of all three tested heaters hearing is requested under § 60.539(a)(2), (the original audit heater and the two or the deadline for requesting a hearing additional heaters) met the applicable is extended. emission limits. (C) The Administrator may extend (vii) If the Administrator withdraws the deadline for requesting a hearing a notice pursuant to paragraph for up to 60 days for good cause. (n)(3)(vi) of this section, the Adminis- (D) A manufacturer may extend the trator will revise the certification val- deadline for requesting a hearing for up ues for the model line based on the test to 6 months, by agreeing to a voluntary data and other relevant information. suspension of certification. The manufacturer must then revise the (iii) Any notification under para- model line’s labels and marketing in- graph (n)(3)(i) or (n)(3)(ii) of this sec- formation accordingly. tion will include a copy of a prelimi- (viii) The Administrator may with- nary test report from the approved test draw any proposed revocation, if the laboratory or federal test laboratory. Administrator finds that an audit test The test laboratory must provide a pre- failure has been rebutted by informa- liminary test report to the Adminis- tion submitted by the manufacturer trator within 14 days of the completion under paragraph (n)(3)(iv) of this sec- of testing, if a wood heater exceeds the tion and/or (n)(3)(v) of this section or applicable emission limit in § 60.532. by any other relevant information The test laboratory must provide the available to the Administrator. Administrator and the manufacturer, within 30 days of the completion of § 60.534 What test methods and proce- testing, all documentation pertaining dures must I use to determine com- to the test, including the complete test pliance with the standards and re- report and raw data sheets, laboratory quirements for certification? technician notes, and test results for Test methods and procedures speci- all test runs. fied in this section or in appendices of

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this part, except as provided under tions and the particulate matter emis- § 60.8(b), must be used to determine sion values. compliance with the standards and re- (b) [Reserved] quirements for certification under (c) For affected wood heaters subject §§ 60.532 and 60.533 and for reporting to the 2015 and 2020 particulate matter carbon monoxide emissions and effi- emission standards specified in ciency as follows: § 60.532(a), (b) and (c), particulate mat- (a)(1) For affected wood heaters sub- ter emission concentrations must be ject to the 2015 and 2020 particulate measured with ASTM E2515–11 (IBR, matter emission standards of see § 60.17). Four-inch filters and Teflon §§ 60.532(a) and (b), the manufacturer membrane filters or Teflon-coated must have an EPA-approved test laboratory conduct testing according to glass fiber filters may be used in ASTM paragraphs (a)(1)(i) or (ii) of this sec- E2515–11. tion. The manufacturer or manufactur- (d) For all tests conducted using er’s authorized representative must ASTM E2515–11 (IBR, see § 60.17) pursu- submit a summary and the full test re- ant to this section, the manufacturer ports with all supporting information, and approved test laboratory must also including detailed discussion of all measure the first hour of particulate anomalies, whether all burn rate cat- matter emissions for each test run egories were properly achieved, any using a separate filter in one of the two data not used in the calculations and, parallel trains. The manufacturer and for any test runs not completed, the approved test laboratory must report data that were collected and the reason the test results for the first hour sepa- that the test run was not completed. rately and also include them in the The burn rate for the low burn rate total particulate matter emissions per category must be no greater than the run. rate that an operator can achieve in (e) The manufacturer must have the home use and no greater than is adver- approved test laboratory measure the tised by the manufacturer or retailer. efficiency, heat output and carbon The manufacturer has the option of monoxide emissions of the tested wood submitting test results obtained pursu- heater using Canadian Standards Ad- ant to either paragraph (a)(1)(i) or (ii) ministration (CSA) Method B415.1–10 of this section to the Administrator as specified under § 60.537 as part of a re- (IBR, see § 60.17), section 13.7. quest for a certification of compliance. (f) Douglas fir may be used in ASTM (i) Conduct testing with crib wood E2779–10, ASTM E2780–10 and CSA using EPA Method 28R of appendix A– B415.1–10 (IBR, see § 60.17). 8 of this part or an alternative crib (g) The manufacturer of an affected wood test method approved by the Ad- wood heater model line must notify the ministrator or the ASTM E2779–10 Administrator of the date that certifi- (IBR, see § 60.17) pellet heater test cation testing is scheduled to begin by method to establish the certification email to [email protected]. test conditions and the particulate This notice must be received by the matter emission values. EPA at least 30 days before the start of (ii) Conduct testing with cord wood testing. The notification of testing using an alternative cord wood test must include the manufacturer’s name method approved by the Administrator and physical and email addresses, the to establish the certification test con- approved test laboratory’s name and ditions and the particulate matter physical and email addresses, the emission values. third-party certifier name, the model (2) For the 2020 cord wood alternative name and number (or, if unavailable, means of compliance option specified some other way to distinguish between in § 60.532(c), the manufacturer must models), and the dates of testing. The have an EPA-approved test laboratory conduct testing with cord wood using laboratory may substitute certification an alternative cord wood test method testing of another affected wood heater approved by the Administrator to es- on the original date in order to ensure tablish the certification test condi- regular laboratory testing operations.

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(h) The approved test laboratory (ii) Agree to allow the Administrator, must allow the manufacturer, the man- regulatory agencies and third-party ufacturer’s approved third-party cer- certifiers access to observe certifi- tifier, the EPA and delegated state reg- cation testing; ulatory agencies to observe certifi- (iii) Agree to comply with calibra- cation testing. However, manufactur- tion, reporting and recordkeeping re- ers must not involve themselves in the quirements that affect testing labora- conduct of the test after the pretest tories; and burn has begun. Communications be- (iv) Agree to perform a compliance tween the manufacturer and laboratory audit test at the manufacturer’s ex- or third-party certifier personnel re- pense at the testing cost normally garding operation of the wood heater charged to such manufacturer if the must be limited to written communica- laboratory is selected by the Adminis- tions transmitted prior to the first pre- trator to conduct the compliance audit test burn of the certification test se- test of the manufacturer’s model line. ries. During certification tests, the The test laboratory must provide a pre- manufacturer may communicate with liminary audit test report to the Ad- laboratory personnel only in writing ministrator within 14 days of the com- and only to notify them that the man- pletion of testing, if the tested wood ufacturer has observed a deviation heater exceeds the applicable emission from proper test procedures. All com- limit in § 60.532. The test laboratory munications must be included in the must provide the Administrator and test documentation required to be sub- the manufacturer, within 30 days of the mitted pursuant to § 60.533(b)(5) and completion of audit testing, all docu- must be consistent with instructions mentation pertaining to the test, in- provided in the owner’s manual re- cluding the complete test report and quired under § 60.536(g), except to the raw data sheets, laboratory technician extent that they address details of the notes, and test results for all test runs. certification tests that would not be (v) Have no conflict of interest and relevant to owners or regulators. receive no financial benefit from the outcome of certification testing con- § 60.535 What procedures must I use ducted pursuant to § 60.533. for EPA approval of a test labora- (vi) Agree to not perform initial cer- tory or EPA approval of a third- tification tests on any models manu- party certifier? factured by a manufacturer for which (a) Test laboratory approval. (1) A lab- the laboratory has conducted research oratory must apply to the Adminis- and development design services within trator for approval to test under this the last 5 years. rule by submitting documentation that (vii) Agree to seal any wood heater the laboratory is accredited by a na- on which it performed certification tionally recognized accrediting entity tests, immediately upon completion or under ISO–IEC Standard 17025 to per- suspension of certification testing, by form testing using the test methods using a laboratory-specific seal. specified under § 60.534. Laboratories (viii) Agree to immediately notify accredited by EPA prior to May 15, 2015 the Administrator of any suspended may have until March 16, 2018 to sub- tests through email and in writing, giv- mit documentation that they have ac- ing the date suspended, the reason(s) creditation under ISO–IEC Standard why, and the projected date for restart- 17025 to perform testing using the test ing. The laboratory must submit the methods specified under § 60.534. ISO operation and test data obtained, even accreditation is required for all other if the test is not completed. laboratories performing testing begin- (3) If the EPA approves the labora- ning on November 16, 2015. tory, the Administrator will provide (2) As part of the application, the the test laboratory with a certificate of test laboratory must: approval for testing under this rule. If (i) Agree to participate biennially in the EPA does not approve the labora- an independently operated proficiency tory, the Administrator will give writ- testing program with no direct ties to ten notice to the laboratory setting the participating laboratories; forth the basis for the determination.

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(b) Revocation of test laboratory ap- (i) Agree to offer to contract with proval. (1) The Administrator may re- wood heater manufacturers to perform voke the EPA laboratory approval if it third-party certification activities acis determined that the laboratory: cording to the requirements of this (i) Is no longer accredited by the ac- subpart; creditation body; (ii) Agree to periodically conduct au- (ii) Does not follow required proce- dits as described in § 60.533(m) and the dures or practices; manufacturer’s quality assurance pro- (iii) Has falsified data or otherwise gram; misrepresented emission data; (iii) Agree to comply with reporting (iv) Has failed to participate in a pro- and recordkeeping requirements that ficiency testing program, in accord- affect approved wood heater testing ance with its commitment under para- laboratories and third-party certifiers; graph (a)(2)(i) of this section; or (iv) Have no conflict of interest and (v) Has failed to seal a wood heater in receive no financial benefit from the accordance with paragraph (a)(2)(vii) of outcome of certification testing con- this section. ducted pursuant to § 60.533; (2) Revocation of approval under this (v) Agree to make available to the paragraph (b) will not take effect until Administrator supporting documenta- the laboratory concerned has been tion for each wood heater certification given written notice by the Adminis- and audit; and trator setting forth the basis for the (vi) Agree to not perform initial cer- proposed determination and an oppor- tification reviews on any models manu- tunity for a hearing under § 60.539. How- factured by a manufacturer for which ever, if revocation is ultimately the third-party certifier has conducted upheld, all tests conducted by the lab- research and development design serv- oratory after written notice was given ices within the last 5 years. will, at the discretion of the Adminis- trator, be declared invalid. (3) If approved, the Administrator will provide the third-party certifier (c) Period of test laboratory approval (1) With the exception of laboratories with a certificate of approval. The ap- meeting the provisions of paragraph proval will expire 5 years after being (c)(2) of this section, and unless re- issued unless renewed by the third- voked sooner, a certificate of approval party certifier. If the EPA denies the for testing under this rule is valid for 5 approval, the Administrator will give years from the date of issuance. written notice to the third-party cer- (2) Laboratories accredited by the tifier for the basis for the determina- EPA by May 15, 2015, under the provi- tion. sions of § 60.535 as in effect prior to that (e) Revocation of third-party certifier date may continue to be EPA accred- approval. (1) The Administrator will re- ited and deemed EPA approved for test- voke a third-party certifier’s EPA ap- ing under this subpart until May 15, proval if it is determined that the cer- 2018, at which time the EPA accredita- tifier; tion and approval ends unless the lab- (i) Is no longer accredited by the ac- oratory has obtained accreditation creditation body; under § 60.535 as in effect on that date. (ii) Does not follow required proce- (d) Third-party certifier approval. (1) A dures or practices; or third-party certifier may apply to the (iii) Has falsified certification data or Administrator for approval to be an otherwise misrepresented emission EPA-approved third-party certifier by data. submitting credentials demonstrating (2) Revocation of approval under this that it has been accredited by a nation- paragraph (e) will not take effect until ally recognized accrediting entity to the certifier concerned is given written perform certifications and inspections notice by the Administrator setting under ISO–IEC Standard 17025, ISO–IEC forth the basis for the proposed deter- Standard 17065 and ISO–IEC Standard mination and an opportunity for a 17020. hearing under § 60.539. However, if rev- (2) As part of the application, the ocation is upheld, all certifications by third-party certifier must: the certifier after written notice was

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given will, at the discretion of the Ad- (i) That a certification of compliance ministrator, be declared invalid. was in effect at the time the wood heater left the possession of the manu- § 60.536 What requirements must I facturer; meet for permanent labels, temporary labels (hangtags), and own- (ii) That the manufacturer was, at er’s manuals? the time the label was affixed, conducting a quality assurance program in (a) General permanent label require- conformity with § 60.533(m); and ments. (1) Each affected wood heater manufactured on or after the date the (iii) That all wood heaters individ- applicable standards come into effect ually tested for emissions by the manu- as specified in § 60.532, must have a per- facturer under its quality assurance manent label affixed to it that meets program pursuant to § 60.533(m) met the requirements of this section. the applicable emissions limits. (2) Except for wood heaters subject to (b) Permanent label requirements for § 60.530(b)(1) through (5), the permanent adjustable burn rate wood heaters and label must contain the following infor- pellet stoves. If an adjustable burn rate mation: wood heater or pellet stove belongs to (i) Month and year of manufacture of a model line certified under § 60.533, and the individual unit; no wood heater in the model line has (ii) Model name or number; been found to exceed the applicable (iii) Certification test emission emission limits or tolerances through value, test method and standard met quality assurance testing, one of the (e.g., 2015, 2020 crib wood, or 2020 cord following statements, as appropriate, wood); and must appear on the permanent label: (iv) Serial number. (3) The permanent label must: ‘‘U.S. ENVIRONMENTAL PROTECTION (i) Be affixed in a readily visible or AGENCY Certified to comply with 2015 particulate emission standards. Not approved readily accessible location in such a for sale after May 15, 2020.’’ or manner that it can be easily viewed be- ‘‘U.S. ENVIRONMENTAL PROTECTION fore and after the appliance is installed AGENCY Certified to comply with 2020 par- (an easily-removable facade may be ticulate emission standards using crib used for aesthetic purposes, however wood.’’ or the bottom of a free-standing heater is ‘‘U.S. ENVIRONMENTAL PROTECTION not considered to be readily visible or AGENCY Certified to comply with 2020 par- readily accessible); ticulate emission standards using cord (ii) Be at least 8.9 cm long and 5.1 cm wood.’’ 1 wide (3 ⁄2 inches long and 2 inches (c) Permanent label requirements for wide); single burn rate wood heaters. If the sin- (iii) Be made of a material expected gle burn rate wood heater belongs to a to last the lifetime of the wood heater; model line certified under § 60.533, and (iv) Present the required information no heater in the model line has been in a manner so that it is likely to re- found to exceed the applicable emission main legible for the lifetime of the limits or tolerances through quality wood heater; and assurance testing, one of the following (v) Be affixed in such a manner that it cannot be removed from the appli- statements, as appropriate, must ap- ance without damage to the label. pear on the permanent label: (4) The permanent label may be com- ‘‘U.S. ENVIRONMENTAL PROTECTION bined with any other label, as long as AGENCY Certified to comply with 2015 par- the required information is displayed, ticulate emission standards for single burn the integrity of the permanent label is rate heaters. Not approved for sale after not compromised, and the permanent May 15, 2020. This single burn rate wood label meets the requirements in heater is not approved for use with a flue § 60.536(a)(3). damper.’’ or (5) Any label statement under para- ‘‘U.S. ENVIRONMENTAL PROTECTION AGENCY Certified to comply with 2020 par- graph (b) or (c) of this section con- ticulate emission standards for single burn stitutes a representation by the manu- rate heaters. This single burn rate wood facturer as to any wood heater that heater is not approved for use with a flue bears it: damper.’’

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(d) Additional permanent label content. the 2020 particulate matter emission The permanent label for all certified standards of § 60.532(b) prior May 15, wood heaters must also contain the fol- 2020 may display the temporary labels lowing statement: (hangtags) specified in section 3 of appendix I of this part. The electronic ‘‘This wood heater needs periodic inspection and repair for proper operation. Consult template will be provided by the Ad- the owner’s manual for further information. ministrator upon approval of the cer- It is against federal regulations to operate tification. this wood heater in a manner inconsistent (2) The hangtags in paragraph (f)(1) of with the operating instructions in the own- this section end on May 15, 2020. er’s manual.’’ (3) Each model certified to meet the (e) Permanent label requirements for af- 2020 Cord Wood Alternative Compliance fected wood heaters with exemptions Option of § 60.532(c) may display the under § 60.530(b). (1) If an affected wood cord wood temporary label specified in heater is manufactured in the United section 3 of appendix I of this part. The States for export as provided in electronic template will be provided by § 60.530(b)(1), the following statement the Administrator upon approval of the must appear on the permanent label: certification. (g) Owner’s manual requirements. (1) ‘‘U.S. ENVIRONMENTAL PROTECTION Each affected wood heater offered for AGENCY Export stove. May not be sold or sale by a commercial owner must be operated within the United States.’’ accompanied by an owner’s manual (2) If an affected wood heater is man- that must contain the information list- ufactured for use for research and de- ed in paragraph (g)(2) of this section velopment purposes as provided in (pertaining to installation) and para- § 60.530(b)(2), the following statement graph (g)(3) of this section (pertaining must appear on the permanent label: to operation and maintenance). Such ‘‘U.S. ENVIRONMENTAL PROTECTION information must be adequate to en- AGENCY Not certified. Research Stove. able consumers to achieve optimal Not approved for sale or for operation emissions performance. Such informa- other than for research.’’ tion must be consistent with the oper- (3) If a wood heater is exclusively a ating instructions provided by the non-wood-burning heater as provided manufacturer to the approved test lab- § 60.530(b)(3), the following statement oratory for operating the wood heater must appear on the permanent label: during certification testing, except for details of the certification test that ‘‘U.S. ENVIRONMENTAL PROTECTION would not be relevant to the user. The AGENCY This heater is not certified for commercial owner must also make cur- wood burning. Use of any wood fuel is a rent and historical owner’s manuals violation of federal regulations.’’ available on the company Web site and (4) If an affected wood heater is a upon request to the EPA. cook stove that meets the definition in (2) Guidance on proper installation, § 60.531, the following statement must include stack height, location and appear on the permanent label: achieving proper draft. ‘‘U.S. ENVIRONMENTAL PROTECTION (3) Proper operation and maintenance AGENCY This unit is not a certified resi- information, including minimizing dential wood heater. The primary use for visible emissions: this unit is for cooking or baking.’’ (i) Fuel loading and re-loading proce- (5) If an affected wood heater is a dures; recommendations on fuel selec- camp stove that meets the definition in tion and warnings on what fuels not to § 60.531, the following statement must use, such as unseasoned wood, treated appear on the permanent label: wood, colored paper, cardboard, solvents, trash and garbage; ‘‘U.S. ENVIRONMENTAL PROTECTION (ii) Fire starting procedures; AGENCY This unit is not a certified resi- (iii) Proper use of air controls, in- dential wood heater. For portable and tem- cluding how to establish good combus- porary use only.’’ tion and how to ensure good combus- (f) Temporary label (hangtag) voluntary tion at the lowest burn rate for which option. (1) Each model certified to meet the heater is warranted;

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(iv) Ash removal procedures; (2) All documentation pertaining to (v) Instructions for replacement of the certification test used to obtain gaskets, air tubes and other parts that certification, including the full test re- are critical to the emissions perform- port and raw data sheets, laboratory ance of the unit, and other mainte- technician notes, calculations, the test nance and repair instructions; results for all test runs, and discus- (vi) For catalytic or hybrid models, sions of the appropriateness and valid- information on the following per- ity of all test runs, including runs at- taining to the catalytic combustor: tempted but not completed. The re- Procedures for achieving and maintain- tained certification test documenta- ing catalyst activity, maintenance pro- tion must include, as applicable, de- cedures, procedures for determining detailed discussion of all anomalies, terioration or failure, procedures for whether all burn rate categories were replacement and information on how to properly achieved, any data not used in exercise warranty rights; the calculations and, for any test runs (vii) For catalytic or hybrid models, not completed, the data that were col- the following statement— lected and the reason that the test run ‘‘This wood heater contains a catalytic com- was not completed. The retained cer- bustor, which needs periodic inspection tification test also must include docu- and replacement for proper operation. It is mentation that the burn rate for the against federal regulations to operate this low burn rate category was no greater wood heater in a manner inconsistent with than the rate that an operator can operating instructions in this manual, or if achieve in home use and no greater the catalytic element is deactivated or removed.’’ than is advertised by the manufacturer or retailer. (viii) For noncatalytic models, the (3) Results of the quality assurance following statement— program inspections pursuant to ‘‘This wood heater needs periodic inspection § 60.533(m). and repair for proper operation. It is (4) For emissions tests conducted against federal regulations to operate this pursuant to the quality assurance pro- wood heater in a manner inconsistent with gram required by § 60.533(m), all test re- operating instructions in this manual.’’ ports, data sheets, laboratory techni- (4) Any manufacturer using the EPA- cian notes, calculations, and test re- recommended language contained in sults for all test runs, the corrective appendix I of this part to satisfy any actions taken, if any, and any follow- requirement of this paragraph (g) will up actions such as additional testing. be considered to be in compliance with (b) Each approved test laboratory that requirement, provided that the and third-party certifier must main- particular language is printed in full, tain records consisting of all docu- with only such changes as are nec- mentation pertaining to each certifi- essary to ensure accuracy for the par- cation test, quality assurance program ticular wood heater model line. inspection and audit test, including the (h) Wood heaters that are affected by full test report and raw data sheets, this subpart, but that have been owned technician notes, calculations, and the and operated by a noncommercial test results for all test runs. Each ap- owner, are not subject to paragraphs (f) proved test laboratory must submit ac- and (g) of this section when offered for creditation credentials and all pro- resale. ficiency test results to the Adminis- trator. Each third-party certifier must § 60.537 What records must I keep and submit each certification test, quality what reports must I submit? assurance program inspection report (a)(1) Each manufacturer who holds a and ISO IEC accreditation credentials certificate of compliance pursuant to to the Administrator. § 60.533(c), (e) or (f) for a model line (c) Each manufacturer must retain must maintain records containing the each wood heater upon which certifi- information required by paragraph cation tests were performed based upon (a)(2) through (4) of this section with which certification was granted under respect to that model line for at least § 60.533(c) or (f) at the manufacturer’s 5 years. facility for a minimum of 5 years after

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the certification test. Each wood heat- full non-CBI test report and the sum- er must remain sealed and unaltered. mary of the test report available to the Any such wood heater must be made public on the manufacturer’s Web site. available to the Administrator upon re- (h) Each manufacturer who uses the quest for inspection and testing. exemption for R&D heaters under (d) Each manufacturer of an affected § 60.530(b)(2) must maintain records for wood heater model line certified under at least 5 years documenting where the § 60.533(c) or (f) must submit a report to heaters were located, that the heaters the Administrator every 2 years fol- were never offered for sale or sold and lowing issuance of a certificate of com- that the heaters were not used for the pliance for each model line. This report purpose of heating. must include the sales for each model by state and certify that no changes in § 60.538 What activities are prohibited the design or manufacture of this under this subpart? model line have been made that require (a) No person is permitted to adver- recertification under § 60.533(k). tise for sale, offer for sale, sell or oper- (e)(1) Unless otherwise specified, all ate an affected wood heater that does records required under this section not have affixed to it a permanent must be maintained by the manufac- label pursuant to § 60.536 (b) through turer, commercial owner of the af- (e), as applicable. fected wood heater, approved test lab- (b) No person is permitted to adver- oratory or third-party certifier for a tise for sale, offer for sale, or sell an af- period of no less than 5 years. fected wood heater labeled under (2) Unless otherwise specified, all reports to the Administrator required § 60.536(e)(1) except for export. No per- under this subpart must be made to: son is permitted to operate an affected wood heater in the United States if it [email protected]. (f) Within 60 days after the date of is labeled under § 60.536(e)(1). completing each performance test, e.g., (c)(1) No commercial owner is per- initial certification test, tests con- mitted to advertise for sale, offer for ducted for quality assurance, and tests sale or sell an affected wood heater per- for renewal or recertification, each manently labeled under § 60.536 (b) manufacturer must submit the per- through (d), as applicable, unless: formance test data electronically to (i) The affected wood heater has been [email protected]. Owners or certified to comply with the 2015 or operators who claim that some of the 2020 particulate matter emission stand- information being submitted is CBI ards pursuant to § 60.532, as applicable. (e.g., design drawings) must submit a This prohibition does not apply to complete file, including the informa- wood heaters affected by this subpart tion claimed to be CBI, on a compact that have been previously owned and disk or other commonly used elec- operated by a noncommercial owner; tronic storage media (including, but and not limited to, flash drives) by mail, (ii) The commercial owner provides and the same file, with the CBI omit- any purchaser or transferee with an ted, electronically. The compact disk owner’s manual that meets the require- must be clearly marked as CBI and ments of § 60.536(g) and a copy of the mailed to U.S. EPA, OECA CBI Office, warranty. Attention: Residential Wood Heater (2) No commercial owner is permitted Compliance Program Lead, 1200 Penn- to advertise for sale, offer for sale, or sylvania Avenue NW., Washington, DC sell an affected wood heater perma- 20004. Emission data, including all in- nently labeled under § 60.536(b) and (c), formation necessary to determine com- unless the affected wood heater has pliance, except sensitive engineering been certified to comply with the 2015 drawings and sensitive detailed mate- or 2020 particulate matter emission rial specifications, may not be claimed standards of § 60.532, as applicable. as CBI. (3) A commercial owner other than a (g) Within 30 days of receiving a cer- manufacturer complies with the re- tification of compliance for a model quirements of paragraph (c)(1) of this line, the manufacturer must make the section if the commercial owner—

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(i) Receives the required documenta- quest a hearing under this section tion from the manufacturer or a pre- within 30 days following receipt of the vious commercial owner; and required notification in any case where (ii) Provides that documentation the Administrator— unaltered to any person to whom the (i) Denies an application for a certifi- wood heater that it covers is sold or cate of compliance under § 60.533(c) or transferred. § 60.533(f); (d)(1) In any case in which the Ad- (ii) Denies an application for a re- ministrator revokes a certificate of newal of certification under § 60.533(i); compliance either for the submission of (iii) Issues a notice of revocation of false or inaccurate information or certification under § 60.533(1); other fraudulent acts, or based on a (iv) Denies an application for labora- finding under § 60.533(l)(1)(ii) that the tory approval under § 60.535(a); certification test was not valid, the Ad- (v) Issues a notice of revocation of ministrator may give notice of that laboratory approval under § 60.535(b); revocation and the grounds for it to all (vi) Denies an application for third- commercial owners. party certifier approval under (2) On and after the date of receipt of § 60.535(d); or the notice given under paragraph (d)(1) (vii) Issues a notice of revocation of of this section, no commercial owner is third-party certifier approval under permitted to sell any wood heater cov- § 60.535(e). ered by the revoked certificate (other (2) In any case where the Adminis- than to the manufacturer) unless the trator issues a notice of revocation model line has been recertified in ac- under § 60.533(n)(3)(ii), the manufac- cordance with this subpart. turer may request a hearing under this (e) No person is permitted to install section with the time limits set out in or operate an affected wood heater ex- § 60.533(n)(3)(ii). cept in a manner consistent with the (b) Any hearing request must be in instructions on its permanent label and writing, must be signed by an author- in the owner’s manual pursuant to ized representative of the petitioning § 60.536(g), including only using fuels manufacturer or laboratory and must for which the unit is certified. include a statement setting forth with (f) No person is permitted to operate, particularity the petitioner’s objection sell or offer for sale an affected wood to the Administrator’s determination heater that was originally equipped or proposed determination. with a catalytic combustor if the cata- (c)(1) Upon receipt of a request for a lytic element is deactivated or re- hearing under paragraph (a) of this sec- moved. tion, the Administrator will request (g) No person is permitted to operate, the Chief Administrative Law Judge to sell or offer for sale an affected wood designate an Administrative Law heater that has been physically altered Judge as Presiding Officer for the hear- to exceed the tolerance limits of its ing. If the Chief Administrative Law certificate of compliance, pursuant to Judge replies that no Administrative § 60.533(k). Law Judge is available to perform this (h) No person is permitted to alter, function, the Administrator will des- deface, or remove any permanent label ignate a Presiding Officer who has not required to be affixed pursuant to had any prior responsibility for the § 60.536(a) through (e), as applicable. matter under review, and who is not (i) If a temporary label is affixed to subject to the direct control or super- the wood heater, retailers may not sell vision of someone who has had such re- or offer for sale that wood heater un- sponsibility. less the temporary label affixed is in (2) The hearing will commence as accordance with § 60.536(f), as applica- soon as practicable at a time and place ble. fixed by the Presiding Officer. (3)(i) A motion for leave to intervene § 60.539 What hearing and appeal pro- in any proceeding conducted under this cedures apply to me? section must set forth the grounds for (a)(1) The affected manufacturer, lab- the proposed intervention, the position oratory or third-party certifier may re- and interest of the movant and the

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likely impact that intervention will (d)(l) Upon his appointment, the Pre- have on the expeditious progress of the siding Officer must establish a hearing proceeding. Any person already a party file. The file will consist of the notice to the proceeding may file an answer to issued by the Administrator under a motion to intervene, making specific § 60.533(c)(2), § 60.533(f)(3), § 60.533(i)(4), reference to the factors set forth in the § 60.533(l)(2), § 60.533(n)(3)(ii)(A), foregoing sentence and paragraph § 60.535(a)(3), § 60.535(b)(2), § 60.535(d)(3) (c)(3)(iii) of this section, within 10 days or § 60.535(e)(2) together with any ac- after service of the motion for leave to companying material, the request for a intervene. hearing and the supporting data sub- (ii) A motion for leave to intervene in mitted therewith, and all documents a proceeding must ordinarily be filed relating to the request for certification before the first prehearing conference or approval or the proposed revocation or, in the absence of a prehearing con- of either. ference, prior to the setting of a time (2) The hearing file must be available and place for a hearing. Any motion for inspection by any party, to the ex- filed after that time must include, in tent authorized by law, at the office of addition to the information set forth in the Presiding Officer, or other place paragraph (c)(3)(i) of this section, a designated by him. statement of good cause for the failure (e) Any party may appear in person, to file in a timely manner. The inter- or may be represented by counsel or by vener shall be bound by any agree- any other duly authorized representa- ments, arrangements and other mat- tive. ters previously made in the proceeding. (f)(1) The Presiding Officer upon the (iii) A motion for leave to intervene request of any party, or at his discre- may be granted only if the movant tion, may order a prehearing con- demonstrates that his presence in the ference at a time and place specified by proceeding would not unduly prolong him to consider the following: or otherwise prejudice the adjudication (i) Simplification of the issues, of the rights of the original parties, (ii) Stipulations, admissions of fact, and that movant may be adversely af- and the introduction of documents, fected by a final order. The intervener (iii) Limitation of the number of ex- will become a full party to the pro- pert witnesses, ceeding upon the granting of leave to (iv) Possibility of agreement dis- intervene. posing of all or any of the issues in dis- (iv) Persons not parties to the pro- pute, ceeding may move for leave to file ami- (v) Such other matters as may aid in cus curiae briefs. The movant must the disposition of the hearing, includ- state his interest and the reasons why ing such additional tests as may be the proposed amicus brief is desirable. agreed upon by the parties. If the motion is granted, the Presiding (2) The results of the conference must Officer or Administrator will issue an be reduced to writing by the Presiding order setting the time for filing such Officer and made part of the record. brief. An amicus curia may participate (g)(1) Hearings will be conducted by in any briefing after his motion is the Presiding Officer in an informal granted, and will be served with all but orderly and expeditious manner. briefs, reply briefs, motions and orders The parties may offer oral or written relating to issues to be briefed. evidence, subject to the exclusion by (4) In computing any period of time the Presiding Officer of irrelevant, im- prescribed or allowed in this subpart, material and repetitious evidence. the day of the event from which the (2) Witnesses will not be required to designated period begins to run will testify under oath. However, the Pre- not be included. Saturdays, Sundays siding Officer will call to the attention and federal legal holidays will be in- of witnesses that their statements may cluded. When a stated time expires on be subject to penalties under title 18 a Saturday, Sunday or legal holiday, U.S.C. 1001 for knowingly making false the stated time period will be extended statements or representations or using to include the next business day. false documents in any matter within

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the jurisdiction of any department or render a decision in that appeal within agency of the United States. 30 days of the filing of the appeal. (3) Any witness may be examined or cross-examined by the Presiding Offi- § 60.539a Who implements and en- cer, the parties or their representa- forces this subpart? tives. (a) Under section 111(c) of the Clean (4) Hearings must be recorded ver- Air Act, the Administrator may dele- batim. Copies of transcripts of pro- gate the following implementation and ceedings may be purchased by the ap- enforcement authority to a state, local plicant from the reporter. or tribal authority upon request: (5) All written statements, charts, (1) Enforcement of prohibitions on tabulations and similar data offered in the installation and operation of af- evidence at the hearings must, upon a fected wood heaters in a manner incon- showing satisfactory to the Presiding sistent with the installation and own- Officer of their authenticity, relevancy er’s manual; and materiality, be received in evi- (2) Enforcement of prohibitions on dence and will constitute a part of the operation of catalytic wood heaters record. where the catalyst has been deactivated or removed; (h)(1) The Presiding Officer will make (3) Enforcement of prohibitions on an initial decision which must include advertisement and/or sale of written findings and conclusions and uncertified model lines; the reasons or basis therefor on all the (4) Enforcement of prohibitions on material issues of fact, law or discre- advertisement and/or sale of affected tion presented on the record. The find- heaters that do not have required per- ings, conclusions and written decision manent label; must be provided to the parties and (5) Enforcement of proper labeling of made a part of the record. The initial affected wood heaters; and decision will become the decision of (6) Enforcement of compliance with the Administrator without further pro- other labeling requirements for af- ceedings unless there is an appeal to fected wood heaters. the Administrator or motion for review (7) Enforcement of certification test- by the Administrator. Except as pro- ing procedures; vided in paragraph (h)(3) of this sec- (8) Enforcement of requirements for tion, any such appeal must be taken sealing of the tested heaters and meet- within 20 days of the date the initial ing parameter limits; and decision was filed. (9) Enforcement of compliance re- (2) On appeal from or review of the quirements of EPA-approved labora- initial decision, the Administrator will tories. have all the powers which he would (b) Delegations shall not include: have in making the initial decision in- (1) Decisions on certification; cluding the discretion to require or (2) Revocation of certification; allow briefs, oral argument, the taking (3) Establishment or revision of of additional evidence or the remand- standards; ing to the Presiding Officer for addi- (4) Establishment or revision of test tional proceedings. The decision by the methods; Administrator must include written (5) Laboratory and third-party cer- findings and conclusions and the rea- tifier approvals and revocations; sons or basis therefor on all the mate- (6) Enforcing provisions governing rial issues of fact, law or discretion content of owner’s manuals; and presented on the appeal or considered (7) Hearings and appeals procedures. in the review. (c) Nothing in these delegations will (3) In any hearing requested under prohibit the Administrator from en- paragraph (a)(2) of this section the Pre- forcing any applicable requirements. siding Officer must render the initial (d) Nothing in these delegations will decision within 60 days of that request. limit delegated entities from using Any appeal to the Administrator must their authority under section 116 of the be taken within 10 days of the initial Clean Air Act to adopt or enforce more decision, and the Administrator must restrictive requirements.

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§ 60.539b What parts of the General specified under § 60.542(a)(1), (2), (6), Provisions do not apply to me? (7)(iii), (7)(iv), (8), (9), and (10) refer to The following provisions of subpart A the total amount of VOC used (the of part 60 do not apply to this subpart: amount allocated to the affected facil- (a) Section 60.7; ity), including the VOC used in ce- (b) Section 60.8(a), (c), (d), (e), (f) and ments and organic solvent-based green (g); tire spray materials for tire types not listed in the § 60.541(a) definition of (c) Section 60.14; and ‘‘tire.’’ (c) Section 60.15(d). [52 FR 34874, Sept. 15, 1987, as amended at 54 Subpart BBB—Standards of Per- FR 38635, Sept. 19, 1989] formance for the Rubber Tire § 60.541 Definitions. Manufacturing Industry (a) All terms that are used in this subpart and are not defined below are SOURCE: 52 FR 34874, Sept. 15, 1987, unless given the same meaning as in the Act otherwise noted. and in subpart A of this part. Bead means rubber-covered strands of § 60.540 Applicability and designation wire, wound into a circular form, which of affected facilities. ensure a seal between a tire and the (a) The provisions of this subpart, ex- rim of the wheel onto which the tire is cept as provided in paragraph (b) of mounted. this section, apply to each of the fol- Bead cementing operation means the lowing affected facilities in rubber tire system that is used to apply cement to manufacturing plants that commence the bead rubber before or after it is construction, modification, or recon- wound into its final circular form. A struction after January 20, 1983: each bead cementing operation consists of a undertread cementing operation, each cement application station, such as a sidewall cementing operation, each dip tank, spray booth and nozzles, ce- tread end cementing operation, each ment trough and roller or swab appli- bead cementing operation, each green cator, and all other equipment nec- tire spraying operation, each Michelin- essary to apply cement to wound beads A operation, each Michelin-B oper- or bead rubber and to allow evapo- ation, and each Michelin-C automatic ration of solvent from cemented beads. operation. Component means a piece of tread, (b) The owner or operator of each combined tread/sidewall, or separate undertread cementing operation and sidewall rubber, or other rubber strip each sidewall cementing operation in that is combined into the sidewall of a rubber tire manufacturing plants that finished tire. commenced construction, modifica- Drying area means the area where tion, or reconstruction after January VOC from applied cement or green tire 20, 1983, and before September 15, 1987, sprays is allowed to evaporate. shall have the option of complying Enclosure means a structure that sur- with the alternate provisions in rounds a VOC (cement, solvent, or § 60.542a. This election shall be irrevers- spray) application area and drying ible. The alternate provisions in area, and that captures and contains § 60.542a do not apply to any undertread evaporated VOC and vents it to a con- cementing operation or sidewall ce- trol device. Enclosures may have per- menting operation that is modified or manent and temporary openings. reconstructed after September 15, 1987. Green tire means an assembled, The affected facilities in this para- uncured tire. graph are subject to all applicable pro- Green tire spraying operation means visions of this subpart. the system used to apply a mold re- (c) Although the affected facilities lease agent and lubricant to the inside listed under § 60.540(a) are defined in and/or outside of green tires to facili- reference to the production of compo- tate the curing process and to prevent nents of a ‘‘tire,’’ as defined under rubber from sticking to the curing § 60.541(a), the percent emission reduc- press. A green tire spraying operation tion requirements and VOC use cutoffs consists of a booth where spraying is

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performed, the spray application sta- window, or port, that is normally tion, and related equipment, such as closed. the lubricant supply system. Tire means any agricultural, air- Michelin-A operation means the oper- plane, industrial, mobile home, light- ation identified as Michelin-A in the duty truck and/or passenger vehicle Emission Standards and Engineering tire that has a bead diameter less than Division confidential file as referenced or equal to 0.5 meter (m) (19.7 inches) in Docket A–80–9, Entry II–B–12. and a cross section dimension less than Michelin-B operation means the oper- or equal to 0.325 m (12.8 in.), and that is ation identified as Michelin-B in the mass produced in an assembly-line Emission Standards and Engineering fashion. Division confidential file as referenced Tread end cementing operation means in Docket A–80–9, Entry II–B–12. the system used to apply cement to one Michelin-C-automatic operation means or both ends of the tread or combined the operation identifed as Michelin-C- tread/sidewall component. A tread end automatic in the Emission Standards cementing operation consists of a ce- and Engineering Division confidential ment application station and all other file as referenced in Docket A–80–9, equipment, such as the cement supply Entry II–B–12. system and feed and takeaway con- Month means a calendar month or a veyors, necessary to apply cement to prespecified period of 28 days or 35 days tread ends and to allow evaporation of (utilizing a 4–4–5-week recordkeeping solvent from the cemented tread ends. and reporting schedule). Undertread cementing operation means Organic solvent-based green tire spray the system used to apply cement to a means any mold release agent and lu- continuous strip of tread or combined bricant applied to the inside or outside tread/sidewall component. An of green tires that contains more than undertread cementing operation con- 12 percent, by weight, of VOC as sists of a cement application station sprayed. and all other equipment, such as the Permanent opening means an opening cement supply system and feed and designed into an enclosure to allow tire takeaway conveyors, necessary to components to pass through the enclo- apply cement to tread or combined sure by conveyor or other mechanical tread/sidewall strips and to allow evap- means, to provide access for permanent oration of solvent from the cemented mechanical or electrical equipment, or tread or combined tread/sidewall. to direct air flow into the enclosure. A VOC emission control device means permanent opening is not equipped equipment that destroys or recovers with a door or other means of obstruc- VOC. tion of air flow. VOC emission reduction system means Sidewall cementing operation means a system composed of an enclosure, the system used to apply cement to a hood, or other device for containment continuous strip of sidewall component and capture of VOC emissions and a or any other continuous strip compo- VOC emission control device. nent (except combined tread/sidewall Water-based green tire spray means component) that is incorporated into any mold release agent and lubricant the sidewall of a finished tire. A side- applied to the inside or outside of green wall cementing operation consists of a tires that contains 12 percent or less, cement application station and all by weight, of VOC as sprayed. other equipment, such as the cement (b) Notations used under this subpart supply system and feed and takeaway are defined below: conveyors, necessary to apply cement to sidewall strips or other continuous Bo = total number of beads cemented at a strip component (except combined particular bead cementing affected facil- tread/sidewall component) and to allow ity for a month Ca = concentration of VOC in gas stream in evaporation of solvent from the ce- vents after a control device (parts per mented rubber. million by volume) Temporary opening means an opening Cb = concentration of VOC in gas stream in into an enclosure that is equipped with vents before a control device (parts per a means of obstruction, such as a door, million by volume)

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Cf = concentration of VOC in each gas stream To = total number of tires cemented or vented directly to the atmosphere from sprayed with water-based green tire an affected facility or from a temporary sprays at a particular affected facility enclosure around an affected facility for a month (parts per million by volume) Wo = weight fraction of VOC in a cement or Dc = density of cement or spray material spray material. (grams per liter (lb per gallon)) [52 FR 34874, Sept. 15, 1987, as amended at 65 D = density of VOC recovered by an emission r FR 61764, Oct. 17, 2000] control device (grams per liter (lb per gallon)) E = emission control device efficiency, inlet § 60.542 Standards for volatile organic versus outlet (fraction) compounds. Fc = capture efficiency, VOC captured and (a) On and after the date on which routed to one control device versus total the initial performance test, required VOC used for an affected facility (frac- by § 60.8, is completed, but no later tion) than 180 days after initial startup, each Fo = fraction of total mass of VOC used in a month by all facilities served by a com- owner or operator subject to the provi- mon cement or spray material distribu- sions of this subpart shall comply with tion system that is used by a particular the following conditions: affected facility served by the common (1) For each undertread cementing distribution system operation: G = monthly average mass of VOC used per (i) Discharge into the atmosphere no tire cemented or sprayed with a water- more than 25 percent of the VOC used based green tire spray for a particular af- (75 percent emission reduction) for fected facility (grams (lb) per tire) each month; or Gb = monthly average mass of VOC used per bead cemented for a particular bead ce- (ii) Maintain total (uncontrolled) menting affected facility (grams (lb) per VOC use less than or equal to the levels bead) specified below, depending upon the du- Lc = volume of cement or spray material ration of the compliance period: used for a month (liters (gallons)) (A) 3,870 kg (8,531 lb) of VOC per 28 Lr = volume of VOC recovered by an emission days, control device for a month (liters (gal- (B) 4,010 kg (8,846 lb) of VOC per 29 lons)) M = total mass of VOC used for a month by days, all facilities served by a common cement (C) 4,150 kg (9,149 lb) of VOC per 30 or spray material distribution system days, (grams (lb)) (D) 4,280 kg (9,436 lb) of VOC per 31 Mo = total mass of VOC used at an affected days, or facility for a month (grams (lb)) (E) 4,840 kg (10,670 lb) of VOC per 35 Mr = mass of VOC recovered by an emission days. control device for a month (grams (lb)) (2) For each sidewall cementing oper- N = mass of VOC emitted to the atmosphere per tire cemented or sprayed with a ation: water-based green tire spray for an af- (i) Discharge into the atmosphere no fected facility for a month (grams (lb) more than 25 percent of the VOC used per tire) (75 percent emission reduction) for Nb = mass of VOC emitted per bead cemented each month; or for an affected facility for a month (ii) Maintain total (uncontrolled) (grams (lb) per bead) VOC use less than or equal to the levels Qa = volumetric flow rate in vents after a specified below, depending upon the du- control device (dry standard cubic meters (dry standard cubic feet) per hour) ration of the compliance period: (A) 3,220 kg (7,099 lb) of VOC per 28 Qb = volumetric flow rate in vents before a control device (dry standard cubic me- days, ters (dry standard cubic feet) per hour) (B) 3,340 kg (7,363 lb) of VOC per 29 Qf = volumetric flow rate of each stream days, vented directly to the atmosphere from (C) 3,450 kg (7,606 lb) of VOC per 30 an affected facility or from a temporary days, enclosure around an affected facility (dry (D) 3,570 kg (7,870 lb) of VOC per 31 standard cubic meters (dry standard days, or cubic feet) per hour) R = overall efficiency of an emission reduc- (E) 4,030 kg (8,885 lb) of VOC per 35 tion system (fraction) days. Td = total number of days in monthly com- (3) For each tread end cementing op- pliance period (days) eration: Discharge into the atmosphere

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no more than 10 grams (0.022 lb) of VOC the levels specified under paragraph per tire cemented for each month. (a)(6)(ii) of this section. (4) For each bead cementing oper- (8) For each Michelin-A operation: ation: Discharge into the atmosphere (i) Discharge into the atmosphere no no more than 5 grams (0.011 lb) of VOC more than 35 percent of the VOC used per bead cemented for each month. (65 percent emission reduction) for (5) For each green tire spraying oper- each month; or ation where only water-based sprays (ii) Maintain total (uncontrolled) are used: VOC use less than or equal to the levels (i) Discharge into the atmosphere no specified below, depending upon the du- more than 1.2 grams (0.0026 lb) of VOC ration of the compliance period: per tire sprayed with an inside green (A) 1,570 kg (3,461 lb) of VOC per 28 tire spray for each month; and days, (ii) Discharge into the atmosphere no (B) 1,630 kg (3,593 lb) of VOC per 29 more than 9.3 grams (0.021 lb) of VOC days, per tire sprayed with an outside green (C) 1,690 kg (3,726 lb) of VOC per 30 tire spray for each month. days, (6) For each green tire spraying oper- (D) 1,740 kg (3,836 lb) of VOC per 31 ation where only ogranic solvent-based days, or sprays are used: (E) 1,970 kg (4,343 lb) of VOC per 35 (i) Discharge into the atmosphere no days. more than 25 percent of the VOC used (9) For each Michelin-B operation: (75 percent emission reduction) for (i) Discharge into the atmosphere no each month; or more than 25 percent of the VOC used (ii) Maintain total (uncontrolled) (75 percent emission reduction) for VOC use less than or equal to the levels each month; or specified below, depending upon the du- (ii) Maintain total (uncontrolled) ration of the compliance period: VOC use less than or equal to the levels (A) 3,220 kg (7,099 lb) of VOC per 28 specified below, depending upon the du- days, ration of the compliance period: (B) 3,340 kg (7,363 lb) of VOC per 29 (A) 1,310 kg (2,888 lb) of VOC per 28 days, days, (C) 3,450 kg (7,606 lb) of VOC per 30 (B) 1,360 kg (2,998 lb) of VOC per 29 days, days, (D) 3,570 kg (7,870 lb) of VOC per 31 (C) 1,400 kg (3,086 lb) of VOC per 30 days, or days, (E) 4,030 kg (8,885 lb) of VOC per 35 (D) 1,450 kg (3,197 lb) of VOC per 31 days. days, or (7) For each green tire spraying oper- (E) 1,640 kg (3,616 lb) of VOC per 35 ation where both water-based and or- days. ganic solvent-based sprays are used: (10) For each Michelin-C-automatic (i) Discharge into the atmosphere no operation: more than 1.2 grams (0.0026 lb) of VOC (i) Discharge into the atmosphere no per tire sprayed with a water-based in- more than 35 percent of the VOC used side green tire spray for each month; (65 percent emission reduction) for and each month; or (ii) Discharge into the atmosphere no (ii) Maintain total (uncontrolled) more than 9.3 grams (0.021 lb) of VOC VOC use less than or equal to the levels per tire sprayed with a water-based specified under paragraph (a)(8)(ii) of outside green tire spray for each this section. month; and either [52 FR 34874, Sept. 15, 1987, as amended at 65 (iii) Discharge into the atmosphere FR 61764, Oct. 17, 2000] no more than 25 percent of the VOC used in the organic solvent-based green § 60.542a Alternate standard for vola- tire sprays (75 percent emission reduc- tile organic compounds. tion) for each month; or (a) On and after the date on which (iv) Maintain total (uncontrolled) the initial performance test, required VOC use for all organic solvent-based by § 60.8, is completed, but no later green tire sprays less than or equal to than 180 days after September 19, 1989,

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each owner or operator subject to the shall repeat the performance test when provisions in § 60.540(b) shall not cause directed by the Administrator or when to be discharged into the atmosphere the owner or operator elects to operate more than: 25 grams (0.055 lb) of VOC the capture system or control device at per tire processed for each month if the conditions different from the most re- operation uses 25 grams (0.055 lb) or cent determination of control device less of VOC per tire processed and does efficiency or measurement of capture not employ a VOC emission reduction system retention time or face velocity. system. The performance test shall be con- (b) [Reserved] ducted in accordance with the proce- [54 FR 38635, Sept. 19, 1989, as amended at 65 dures described under paragraph FR 61765, Oct. 17, 2000] (f)(2)(ii) of this section. (4) The owner or operator of each § 60.543 Performance test and compli- tread end cementing operation and ance provisions. each green tire spraying operation (a) Section 60.8(d) does not apply to using only water-based sprays (inside the monthly performance test proce- and/or outside) containing less than 1.0 dures required by this subpart. Section percent, by weight, of VOC is not re- 60.8(d) does apply to initial perform- quired to conduct a monthly performance tests and to the performance tests ance test as described in paragraph (d) specified under paragraphs (b)(2) and of this section. In lieu of conducting a (b)(3) of this section. Section 60.8(f) monthly performance test, the owner does not apply when Method 24 is used. or operator of each tread end cement- (b) Performance tests shall be con- ing operation and each green tire ducted as follows: spraying operation shall submit formu- (1) The owner or operator of an af- lation data or the results of Method 24 fected facility shall conduct an initial analysis annually to verify the VOC performance test, as required under content of each tread end cement and § 60.8(a), except as described under each green tire spray material, pro- paragraph (j) of this section. The owner vided the spraying formulation has not or operator of an affected facility shall changed during the previous 12 months. thereafter conduct a performance test If the spray material formulation each month, except as described under changes, formulation data or Method 24 paragraphs (b)(4), (g)(1), and (j) of this analysis of the new spray shall be con- section. Initial and monthly perform- ducted to determine the VOC content ance tests shall be conducted according of the spray and reported within 30 to the procedures in this section. days as required under § 60.546(j). (2) The owner or operator of an af- (c) For each undertread cementing fected facility who elects to use a VOC operation, each sidewall cementing op- emission reduction system with a con- eration, each green tire spraying oper- trol device that destroys VOC (e.g., in- ation where organic solvent-based cinerator), as described under para- sprays are used, each Michelin-A oper- graphs (f) and (g) of this section, shall ation, each Michelin-B operation, and repeat the performance test when di- each Michelin-C-automatic operation rected by the Administrator or when where the owner or operator seeks to the owner or operator elects to operate comply with the uncontrolled monthly the capture system or control device at VOC use limits, the owner or operator conditions different from the most re- shall use the following procedure to de- cent determination of overall reduc- termine compliance with the application efficiency. The performance test ble (depending upon duration of com- shall be conducted in accordance with pliance period) uncontrolled monthly the procedures described under para- VOC use limit specified under § 60.542(a) graphs (f)(2) (i) through (iv) of this sec- (1)(ii), (2)(ii), (6)(ii), (7)(iv), (8)(ii), tion. (9)(ii), and (10)(ii). If both undertread (3) The owner or operator of an af- cementing and sidewall cementing are fected facility who seeks to comply performed at the same affected facility with the equipment design and per- during a month, then the kg/mo limit formance specifications, as described specified under § 60.542(a)(1)(ii) shall under paragraph (j) of this section, apply for that month.

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(1) Determine the density and weight or by another procedure acceptable to fraction VOC (including dilution VOC) the Administrator. of each cement or green tire spray from (C) Calculate the total monthly mass its formulation or by analysis of the of VOC used at the affected facility for cement or green tire spray using Meth- the month (Mo): od 24. If a dispute arises, the Adminis- M = MF trator may require an owner or oper- o o ator who used formulation data to ana- (3) Determine the time duration of lyze the cement or green tire spray the monthly compliance period (Td). using Method 24. (d) For each tread end cementing op- (2) Calculate the total mass of VOC eration and each green tire spraying used at the affected facility for the operation where water-based cements or sprays containing 1.0 percent, by month (Mo) by the following procedure: (i) For each affected facility for weight, of VOC or more are used (inside which cement or green tire spray is de- and/or outside) that do not use a VOC livered in batch or via a distribution emission reduction system, the owner system that serves only the affected fa- or operator shall use the following pro- cility: cedure to determine compliance with the VOC emission per tire limit specified under § 60.542 (a)(3), (a)(5)(i), (a)(5)(ii), (a)(7)(i), and (a)(7)(ii). (1) Determine the density and weight fraction VOC as specified under para- Where: graph (c)(1) of this section. ‘‘a’’ equals the number of different cements (2) Calculate the total mass of VOC or green tire sprays used during the used at the affected facility for the month that are delivered in batch or via month (M ) as specified under para- a distribution system that serves only a o single affected facility. graph (c)(2) of this section. (3) Determine the total number of (ii) For each affected facility for tires cemented or sprayed at the af- which cement or green tire spray is de- fected facility for the month (To) by livered via a common distribution sys- the following procedure: tem that also serves other affected or (i) For a trend end cementing oper- existing facilities: ation, To equals the number of tread or (A) Calculate the total mass of VOC combined tread/sidewall components used for all of the facilities served by that receive an application of tread end the common distribution system for cement for the month. the month (M): (ii) For a green tire spraying operation that uses water-based inside green tire sprays, To equals the number of green tires that receive an application of water-based inside green tire spray for the month. Where: (iii) For a green tire spraying oper- ‘‘b’’ equals the number of different cements ation that uses water-based outside or green tire sprays used during the green tire sprays, To equals the number month that are delivered via a common of green tires that receive an applica- distribution system that also serves tion of water-based outside green tire other affected or existing facilities. spray for the month. (B) Determine the fraction (Fo) of M (4) Calculate the mass of VOC used used at the affected facility by com- per tire cemented or sprayed at the af- paring the production records and proc- fected facility for the month (G): ess specifications for the material cemented or sprayed at the affected facil- = Mo ity for the month to the production G records and process specifications for To the material cemented or sprayed at (5) Calculate the mass of VOC emit- all other facilities served by the com- ted per tire cemented or sprayed at the mon distribution system for the month affected facility for the month (N):

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N = G For the initial performance test, the overall reduction efficiency (R) shall be (e) For each bead cementing oper- determined as prescribed under para- ation that does not use a VOC emission graphs (f)(2) (i) through (iv) of this sec- reduction system, the owner or oper- tion. After the initial performance ator shall use the following procedure test, the owner or operator may use the to determine compliance with the VOC most recently determined overall re- emission per bead limit specified under duction efficiency (R) for the perform- § 60.542(a)(4). ance test. No monthly performance (1) Determine the density and weight tests are required. The performance fraction VOC as specified under para- test shall be repeated during conditions graph (c)(1) of this section. described under paragraph (b)(2) of this (2) Calculate the total mass of VOC section. used at the affected facility for the (i) The owner or operator of an af- month (M ) as specified under para- o fected facility shall construct a tem- graph (c)(2) of this section. porary enclosure around the applica- (3) Determine the number of beads tion and drying areas during the per- cemented at the affected facility dur- formance test for the purpose of cap- ing the month (B ) using production o turing fugitive VOC emissions. The en- records; B equals the number of beads o closure must be maintained at a nega- that receive an application of cement tive pressure to ensure that all evapo- for the month. rated VOC are measurable. Determine (4) Calculate the mass of VOC used the fraction (Fc) of total VOC used at per bead cemented at the affected facil- the affected facility that enters the ity for the month (Gb): control device:

= Mo Gb Bo (5) Calculate the mass of VOC emitted per bead cemented at the affected Where: facility for the month (N ): b ‘‘m’’ is the number of vents from the affected Nb = Gb facility to the control device, and ‘‘n’’ is the number of vents from the affected fa- (f) For each tread end cementing op- cility to the atmosphere and from the eration and each bead cementing oper- temporary enclosure. ation that uses a VOC emission reduction system with a control device that (ii) Determine the destruction effi- destroys VOC (e.g., incinerator), the ciency of the control device (E) by owner or operator shall use the fol- using values of the volumetric flow lowing procedure to determine compli- rate of each of the gas streams and the ance with the emission limit specified VOC content (as carbon) of each of the under § 60.542(a) (3) and (4). gas streams in and out of the control (1) Calculate the mass of VOC used device: per tire cemented at the affected facility for the month (G), as specified under paragraphs (d) (1) through (4) of this section, or mass of VOC used per bead cemented at the affected facility for the month (Gb), as specified under paragraphs (e) (1) through (4) of this section. Where: (2) Calculate the mass of VOC emit- ‘‘m’’ is the number of vents from the affected ted per tire cemented at the affected facility to the control device, and ‘‘p’’ is facility for the month (N) or mass of the number of vents after the control de- VOC emitted per bead cemented for the vice. affected facility for the month (Nb): (iii) Determine the overall reduction N = G (1-R) efficiency (R): Nb = Gb (1-R) R = EFc 61

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(iv) The owner or operator of an af- This measurement may be made di- fected facility shall have the option of rectly by emptying the direct supply substituting the following procedure as reservoir and related application equip- an acceptable alternative to the re- ment and then filling them to a quirements prescribed under paragraph marked level from an easily weighed (f)(2)(i) of this section. This alternative container (e.g. separate supply drum). procedure is acceptable only in cases The change in mass of the supply drum where a single VOC is used and is would equal the mass of material in present in the capture system. The av- the filled direct supply reservoir and erage capture efficiency value derived related application equipment. Alter- from a minimum of three runs shall natively, this measurement may be constitute a test. made by weighing the direct supply (A) For each run, ‘‘i,’’ measure the reservoir and related application equip- mass of the material containing a sin- ment at the start of the run and sub- gle VOC used. This measurement shall tracting the mass of the empty direct be made using a scale that has both a supply reservoir and related applica- calibration and a readability to within tion equipment (tare weight). 1 percent of the mass used during the (C) For each run, ‘‘i,’’ the starting run. This measurement may be made weight fraction VOC in the material by filling the direct supply reservoir shall be determined by Method 24 anal- (e.g., trough, tray, or drum that is inte- ysis of a sample taken from the direct gral to the operation) and related ap- supply reservoir at the beginning of the plication equipment (e.g., rollers, run. pumps, hoses) to a marked level at the (D) For each run, ‘‘i,’’ the ending start of the run and then refilling to weight fraction VOC in the material the same mark from a more easily shall be determined by Method 24 anal- weighed container (e.g., separate sup- ysis of a sample taken from the direct ply drum) at the end of the run. The supply reservoir at the end of the run. change in mass of the supply drum (E) For each run, ‘‘i,’’ in which the would equal the mass of material used ending weight fraction VOC in the ma- from the direct supply reservoir. Alter- terial is greater than or equal to 98.5 natively, this measurement may be percent of the starting weight fraction made by weighing the direct supply VOC in the material, calculate the reservoir at the start and end of the mass of the single VOC used (Mi) by run or by weighing the direct supply multiplying the mass of the material reservoir and related application equip- used in the run by the starting weight ment at the start and end of the run. fraction VOC of the material used in The change in mass would equal the the run. mass of the material used in the run. If (F) For each run, ‘‘i,’’ in which the only the direct supply reservoir is ending weight fraction VOC in the ma- weighed, the amount of material in or terial is less than 98.5 percent of the on the related application equipment starting weight fraction VOC in the must be the same at the start and end material, calculate the mass of the sin- of the run. All additions of VOC con- gle VOC used (Mi) as follows: taining material made to the direct (1) Calculate the mass of VOC present supply reservoir during a run must be in the direct supply reservoir and re- properly accounted for in determining lated application equipment at the the mass of material used during that start of the run by multiplying the run. mass of material in the direct supply (B) For each run, ‘‘i,’’ measure the reservoir and related application equip- mass of the material containing a sin- ment at the start of the run by the gle VOC which is present in the direct starting weight fraction VOC in the supply reservoir and related applica- material for that run. tion equipment at the start of the run, (2) Calculate the mass of VOC present unless the ending weight fraction VOC in the direct supply reservoir and re- in the material is greater than or equal lated application equipment at the end to 98.5 percent of the starting weight of the run by multiplying the mass of fraction VOC in the material, in which material in the direct supply reservoir case, this measurement is not required. and related application equipment at

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the end of the run by the ending weight fraction VOC in the material for that run. The mass of material in the direct supply reservoir and related application equipment at the end of the run shall be calculated by subtracting the mass of material used in the run from the mass of material in the direct supply reservoir and related application Where: equipment at the start of the run. Ci = Average concentration of the single VOC in the capture system during run ‘‘i’’ (3) The mass of the single VOC used (parts per million by volume) corrected (Mi) equals the mass of VOC present in for background VOC (see § 60.547(a)(5)). the direct supply reservoir and related W = Molecular weight of the single VOC, mg/ application equipment at the start of mg-mole (lb/lb-mole). the run minus the mass of VOC present V = The volume occupied by one mole of ° in the direct supply reservoir and re- ideal gas at standard conditions [20 C, 760 mm Hg] on a wet basis, 2.405 × 10¥5 lated application equipment at the end m3/mg-mole (385.3 ft3/lb-mole). of the run. Qi = Volumetric flow in the capture system (G) If Method 25A is used to deter- during run i, on a wet basis, adjusted to mine the concentration of the single standard conditions, m3 (ft3) (see VOC in the capture system, then cal- § 60.547(a)(5)). 106 = ppm per unity. culate the capture efficiency (FCi) for Mi = Mass of the single VOC used during run each run, ‘‘i,’’ as follows: i, mg (lb). (H) If Method 25 is used to determine the concentration of the single VOC in the capture system, then calculate the capture efficiency (FCi) for each run, ‘‘i,’’ as follows:

Where: Ci = Average concentration of the sin- (I) Calculate the average capture effi- gle VOC in the capture system during ciency value, Fc as follows: run ‘‘i’’ (parts per million, as carbon, by volume) corrected for background VOC (see § 60.547(a)(5)). W = Molecular weight of the single VOC, mg/ mg-mole (lb/lb-mole). V = The volume occupied by one mole of ideal gas at standard conditions [20 °C, 760 mm Hg] on a wet basis, 2.405 × 10¥5 m3/mg-mole (385.3 ft3/lb-mole). Where: Qi = Volumetric flow in the capture system ‘‘n’’ equals the number of runs made in the during run i, on a wet basis, adjusted to test (n ≥ 3). In cases where an alternative 3 3 standard conditions, m (ft ) (see procedure in this paragraph is used, the § 60.547(a)(5)). requirements in paragraphs (f)(2) (ii) and 106 = ppm per unity. (iii) of this section remain unchanged. Mi = Mass of the single VOC used during run i, mg (lb). NC = Number of carbon atoms in one molecule of the single VOC.

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(g) For each undertread cementing VOC emitted per bead cemeted at the operation, each sidewall cementing op- affected facility for the month (Nb): eration, each green tire spraying oper- N = G (1-R) ation where organic solvent-based N = G (1-R) sprays are used, each Michelin-A oper- b b ation, each Michelin-B operation, and (i) For each undertread cementing each Michelin-C-automatic operation operation, each sidewall cemeting op- that uses a VOC emission reduction eration, each green tire spraying oper- system with a control device that de- ation where organic solvent-based stroys VOC (e.g., incinerator), the sprays are used, each Michelin-A oper- owner or operator shall use the fol- ation, each Michelin-B operation, and lowing procedure to determine compli- each Michelin-C-automatic operation ance with the percent emission reduc- that uses a VOC emission reduction tion requirement specified under system with a control device that re- § 60.542 (a) (1)(i), (2)(i), (6)(i), (7)(iii), covers (VOC) (e.g., carbon adsorber), (8)(i), (9)(i), and (10)(i). the owner or operator shall use the fol- (1) For the initial performance test, lowing procedure to determine compli- the overall reduction efficiency (R) ance with the percent reduction re- shall be determined as prescribed under quirement specified under § 60.542(a) paragraphs (f)(2) (i) through (iii) of this (1)(i), (2)(i), (6)(i), (7)(iii), (8)(i), (9)(i), section. The performance test shall be and (10)(i). repeated during conditions described (1) Determine the density and weight under paragraph (b)(2) of this section. fraction VOC as specified under para- No monthly performance tests are re- graph (c)(1) of this section. quired. (2) Calculate the total mass of VOC used at the affected facility for the (h) For each tread end cementing op- month (M ) as described under para- eration and each bead cementing oper- o graph (c)(2) of this section. ation that uses a VOC emission reduc- (3) Calculate the total mass of VOC tion system with a control device that recovered from the affected facility for recovers VOC (e.g., carbon adsorber), the month (M ) as described under the owner or operator shall use the fol- r paragraph (h)(2) of this section. lowing procedure to determine compli- (4) Calculate the overall reduction ef- ance with the emission limit specified ficiency for the VOC emission reduc- under § 60.542(a) (3) and (4). tion system (R) for the month as de- (1) Calculate the mass of VOC used scribed under paragraph (h)(3) of this per tire cemented at the affected facil- section. ity for the month (G), as specified (j) Rather than seeking to dem- under paragraphs (d) (1) through (4) of onstrate compliance with the provi- this section, or mass of VOC used per sions of § 60.542(a) (1)(i), (2)(i), (6)(i), bead cemented at the affected facility (7)(iii), or (9)(i) using the performance for the month (Gb), as specified under test procedures described under para- paragraphs (e) (1) through (4) of this graphs (g) and (i) of this section, an section. owner or operator of an undertread ce- (2) Calculate the total mass of VOC menting operation, sidewall cementing recovered from the affected facility for operation, green tire spraying oper- the month (Mr): ation where organic solvent-based M = L D sprays are used, or Michelin-B oper- r r r ation that use a VOC emission reduc- (3) Calculate the overall reduction ef- tion system may seek to demonstrate ficiency for the VOC emission reduc- compliance by meeting the equipment tion system (R) for the month: design and performance specifications listed under paragraphs (j)(1), (2), and M (4) through (6) or under paragraphs R = r M (j)(1) and (3) through (6) of this section, o and by conducting a control device effi- (4) Calculate the mass of VOC emit- ciency performance test to determine ted per tire cemented at the affected compliance as described under para- facility for the month (N) or mass of graph (j)(7) of this section. The owner

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or operator shall conduct this perform- (5) The total area of all permanent ance test of the control device effi- openings into the enclosure shall not ciency no later than 180 days after ini- exceed the area that would be nec- tial startup of the affected facility, as essary to maintain the VOC concentra- specified under § 60.8(a). Meeting the tion of the exhaust gas stream at 25 capture system design and performance percent of the lower explosive limit specifications, in conjunction with op- (LEL) under the following conditions: erating a 95 percent efficient control (i) The facility is operating at the device, is an acceptable means of dem- maximum solvent use rate; onstrating compliance with the stand- (ii) The face velocity through each ard. Therefore, the requirement for the permanent opening is 30.5 meters (100 initial performance test on the enclo- feet) per minute; and sure, as specified under § 60.8(a), is (iii) All temporary openings are waived. No monthly performance tests closed. are required. (6) All captured VOC are ducted to a (1) For each undertread cementing VOC emission control device that is op- operation, each sidewall cementing operated on a continuous basis and that eration, and each Michelin-B oper- achieves at least a 95 percent destruc- ation, the cement application and dry- tion or recovery efficiency. ing area shall be contained in an enclo- (7) The efficiency of the control de- sure that meets the criteria specified vice (E) for the initial performance test under paragraphs (j) (2), (4), and (5) of is determined by using values of the this section; for each green tire spray- volumetric flow rate of each of the gas ing operation where organic solvent- streams and the VOC content (as car- based sprays are used, the spray appli- bon) of each of the gas streams in and cation and drying area shall be con- out of the control device as described tained in an enclosure that meets the under paragraph (f)(2)(ii) of this sec- criteria specified under paragraphs (j) tion. The control device efficiency (3), (4), and (5) of this section. shall be redetermined during condi- (2) The drying area shall be enclosed tions specified under paragraph (b)(3) between the application area and the of this section. water bath or to the extent necessary (k) Each owner or operator of an af- to contain all tire components for at fected facility who initially elected to least 30 seconds after cement applica- be subject to the applicable percent tion, whichever distance is less. emission reduction requirement speci- (3) Sprayed green tires shall remain fied under § 60.542(a)(1)(i), (2)(i), (6)(i), in the enclosure for a minimum of 30 (7)(iii), (8)(i), (9)(i), or (10)(i) and who seconds after spray application. later seeks to comply with the applica- (4) A minimum face velocity of 30.5 ble total (uncontrolled) monthly VOC meters (100 feet) per minute shall be use limit specified under maintained continuously through each § 60.542(a)(1)(ii), (2)(ii), (6)(ii), (7)(iv), permanent opening into the enclosure (8)(ii), (9)(ii), or (10)(ii) shall dem- when all temporary enclosure openings onstrate, using the procedures de- are closed. The cross-sectional area of scribed under paragraph (c) of this sec- each permanent opening shall be dition, that the total VOC use at the af- vided into at least 12 equal areas, and fected facility has not exceeded the ap- a velocity measurement shall be per- plicable total (uncontrolled) monthly formed at the centroid of each equal VOC use limit during each of the last 6 area with an anemometer or similar months of operation. The owner or op- velocity monitoring device; the face erator shall be subject to the applica- velocity of each permanent opening is ble percent emission reduction require- the average value of the velocity meas- ment until the conditions of this para- urements taken. The monitoring device graph and § 60.546(h) are satisfied. shall be calibrated and operated ac- (l) In determining compliance for cording to the manufacturer’s instruc- each undertread cementing operation, tions. each sidewall cementing operation, Temporary enclosure openings shall re- each green tire spraying operation, main closed at all times except when each Michelin-A operation, each worker access is necessary. Michelin-B operation, and each

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Michelin-C-automatic operation, the cemented at the affected facility for owner or operator shall include all the the month to the production records VOC used, recovered, or destroyed from and process specifications for the ma- cements and organic solvent-based terial cemented at all other facilities green tire sprays including those ce- served by the common distribution sys- ments or sprays used for tires other tem for the month or by another proce- than those defined under § 60.541(a). dure acceptable to the Administrator. (m) In determining compliance for (C) Calculate the total monthly mass each tread end cementing operation, of VOC(Mo) used at the affected facil- each bead cementing operation, and ity: each green tire spraying operation, the owner or operator shall include only = those tires defined under § 60.541(a) MMFoo when determining To and Bo. (n) For each undertread cementing (2) Determine the total number of operation and each sidewall cementing tires (To) processed at the affected fa- operation that does not use a VOC cility for the month by the following emission reduction system, the owner procedure. or operator shall use the following pro- (i) For undertread cementing, To cedure to determine compliance with equals the number of tread or com- the VOC emission per tire limit speci- bined tread/sidewall components which fied in § 60.542a: receive an application of undertread (1) Calculate the total mass of VOC cement. (ii) For sidewall cementing, To equals (Mo) used at the affected facility for the month by the following procedure. the number of sidewall components which receive an application of side- (i) For each affected facility for wall cement, divided by 2. which cement is delivered in batch or (3) Calculate the mass of VOC used via a distribution system which serves per tire processed (G) by the affected only that affected facility: facility for the month: M G = o To (4) Calculate the mass of VOC emit- Where: ‘‘n’’ equals the number of different ted per tire processed (N) for the af- cements or sprays used during the fected facility for the month: month. NG= (ii) For each affected facility for (5) Where the value of the mass of which cement is delivered via a com- VOC emitted per tire processed (N) is mon distribution system which also less than or equal to the VOC emission serves other affected or existing facili- per tire limit specified under § 60.542a, ties. the affected facility is in compliance. (A) Calculate the total mass (M) of VOC used for all of the facilities served [52 FR 34874, Sept. 15, 1987; 52 FR 37874, Oct. by the common distribution system for 9, 1987, as amended at 54 FR 38635, Sept. 19, the month: 1989; 65 FR 61765, Oct. 17, 2000] § 60.544 Monitoring of operations. (a) Each owner or operator subject to the provisions of this subpart shall install, calibrate, maintain, and operate Where: ‘‘n’’ equals the number of different according to manufacturer’s specifica- cements or sprays used during the tions the following equipment, unless month. alternative monitoring procedures or (B) Determine the fraction (Fo) of requirements are approved for that fa- ‘‘M’’ used by the affected facility by cility by the Administrator: comparing the production records and (1) Where a thermal incinerator is process specifications for the material used for VOC emission reduction, a

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temperature monitoring device stream in the combustion zone of the equipped with a continuous recorder incinerator and records of all 3–hour for the temperature of the gas stream periods of operation for which the aver- in the combustion zone of the inciner- age temperature of the gas stream in ator. The temperature monitoring de- the combustion zone was more than 28 vice shall have an accuracy of 1 percent °C (50 °F) below the combustion zone of the temperature being measured in temperature measured during the most °C or ±0.5 °C, whichever is greater. recent determination of the destruc- (2) Where a catalytic incinerator is tion efficiency of the thermal inciner- used for VOC emission reduction, tem- ator that demonstrated that the af- perature monitoring devices, each fected facility was in compliance. equipped with a continuous recorder, (b) Each owner or operator of an af- for the temperature in the gas stream fected facility that uses a catalytic in- immediately before and after the cata- cinerator shall maintain continuous lyst bed of the incinerator. The tem- records of the temperature of the gas perature monitoring devices shall have stream both upstream and downstream an accuracy of 1 percent of the tem- of the catalyst bed of the incinerator, perature being measured in °C or ±0.5 records of all 3-hour periods of oper- °C, whichever is greater. ation for which the average tempera- (3) For an undertread cementing op- ture measured before the catalyst bed eration, sidewall cementing operation, is more than 28 °C (50 °F) below the gas green tire spraying operation where or- stream temperature measured before ganic solvent-based sprays are used, or the catalyst bed during the most re- Michelin-B operation where a carbon cent determination of destruction effi- adsorber is used to meet the perform- ciency of the catalytic incinerator that ance requirements specified under demonstrated that the affected facility § 60.543(j)(6), an organics monitoring de- was in compliance, and records of all 3- vice used to indicate the concentration hour periods for which the average level of organic compounds based on a temperature difference across the cata- detection principle such as infrared, lyst bed is less than 80 percent of the photoionization, or thermal conduc- temperature difference measured dur- tivity, equipped with a continous re- ing the most recent determination of corder, for the outlet of the carbon bed. the destruction efficiency of the cata- (b) An owner or operator of an lytic incinerator that demonstrated undertread cementing operation, side- that the affected facility was in com- wall cementing operation, green tire pliance. spraying operation where organic sol- (c) Each owner or operator of an vent-based sprays are used, or undertread cementing operation, side- Michelin-B operation where a VOC re- wall cementing operation, green tire covery device other than a carbon spraying operation where organic sol- adsorber is used to meet the perform- vent-based sprays are used, or ance requirements specified under Michelin-B operation that uses a car- § 60.543(j)(6), shall provide to the Ad- bon adsorber to meet the requirements ministrator information describing the specified under § 60.543(j)(6) shall main- operation of the control device and the tain continuous records of all 3-hour process parameter(s) which would indi- periods of operation during which the cate proper operation and maintenance average VOC concentration level or of the device. The Administrator may reading of organics in the exhaust request further information and will gases is more than 20 percent greater specify appropriate monitoring proce- than the exhaust gas concentration dures or requirements. level or reading measured by the [52 FR 34874, Sept. 15, 1987, as amended at 65 organics monitoring device during the FR 61765, Oct. 17, 2000] most recent determination of the recovery efficiency of the carbon § 60.545 Recordkeeping requirements. adsorber that demonstrated that the (a) Each owner or operator of an af- affected facility was in compliance. fected facility that uses a thermal in- (d) Each owner or operator of an cinerator shall maintain continuous undertread cementing operation, side- records of the temperature of the gas wall cementing operation, green tires

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spraying operation where organic sol- tests required under § 60.543 (b)(2) and vent-based sprays are used, Michelin-A (b)(3). The following data shall be in- operation, Michelin-B operation, or cluded in the report for each of the Michelin-C-automatic operation who above performance tests: seeks to comply with a specified VOC (1) For each affected facility for monthly usage limit shall maintain which the owner or operator seeks to records of monthly VOC use and the comply with a VOC monthly usage number of days in each compliance pe- limit specified under § 60.542(a): The riod. monthly mass of VOC used (Mo) and the (e) Each owner or operator that is re- number of days in the compliance pe- quired to conduct monthly perform- riod (Td). ance tests, as specified under (2) For each affected facility that § 60.543(b)(1), shall maintain records of seeks to comply with a VOC emission the results of all monthly tests. limit per tire or per bead specified (f) Each owner or operator of a tread under § 60.542(a) without the use of a end cementing operation and green tire VOC emission reduction system: the spraying operation using water-based mass of VOC used (Mo), the number of cements or sprays containing less than tires cemented or sprayed (To), the 1.0 percent by weight of VOC, as speci- mass of VOC emitted per tire cemented fied under § 60.543(b)(4), shall maintain or sprayed (N), the number of beads records of formulation data or the re- cemeted (Bo), and the mass of VOC sults of Method 24 analysis conducted emitted per bead cemented (Nb). to verify the VOC content of the spray. (3) For each affected facility that [52 FR 34874, Sept. 15, 1987, as amended at 54 uses a VOC emission reduction system FR 38637, Sept. 19, 1989; 65 FR 61765, Oct. 17, with a control device that destroys 2000] VOC (e.g., incinerator) to comply with a VOC emission limit per tire or per § 60.546 Reporting requirements. bead specified under § 60.542(a): The (a) Each owner or operator subject to mass of VOC used (Mo), the number of the provisions of this subpart, at the tires cemented or sprayed (To), the time of notification of the anticipated mass of VOC emitted per tire cemented initial startup of an affected facility or sprayed (N), the number of beads ce- pursuant to § 60.7(a)(2), shall provide a mented (Bo), the mass of VOC emitted written report to the Administrator de- per bead cemented (Nb), the mass of claring for each undertread cementing VOC used per tire cemented or sprayed operation, each sidewall cementing op- (G), the mass of VOC per bead ce- eration, each green tire spraying oper- mented (Gb), the emission control de- ation where organic solvent-based vice efficiency (E), the capture system sprays are used, each Michelin-A oper- efficiency (Fc), the face velocity ation, each Michelin-B operation, and through each permanent opening for each Michelin-C automatic operation the capture system with the temporary the emission limit he intends to com- openings closed, and the overall system ply with and the compliance method emission reduction (R). (where § 60.543(j) is applicable) to be (4) For each affected facility that employed. uses a VOC emission reduction system (b) Each owner or operator subject to with a control device that destroys the provisions of this subpart, at the VOC (e.g., incinerator) to comply with time of notification of the anticipated a percent emission reduction require- initial startup of an affected facility ment specified under § 60.542(a): The pursuant to § 60.7(a)(2), shall specify the emission control device efficiency (E), monthly schedule (each calendar the capture system efficiency (Fc), the month or a 4-4-5-week schedule) to be face velocity through each permanent used in making compliance determina- opening in the capture system with the tions. temporary openings closed, and the (c) Each owner or operator subject to overall system emission reduction (R). the provisions of this subpart shall re- (5) For each affected facility that port the results of all initial perform- uses a carbon adsorber to comply with ance tests, as required under § 60.8(a), a VOC emission limit per tire or per and the results of the performance bead specified under § 60.542(a): The

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mass of VOC used (Mo), the number of specified under paragraph (c) of this tires cemented or sprayed (To), the section. mass of VOC used per tire cemented or (1) The average combustion tempera- sprayed (G), the number of beads ce- ture measured at least every 15 min- mented (Bo), the mass of VOC used per utes and averaged over the perform- bead (Gb), the mass of VOC recovered ance test period of incinerator destruc- (Mr), the overall system emission re- tion efficiency for each thermal incin- duction (R), the mass of VOC emitted erator. per tire cemented or sprayed (N), and (2) The average temperature before the mass of VOC emitted per bead ce- and after the catalyst bed measured at mented (Nb). least every 15 minutes and averaged (6) For each affected facility that over the performance test period of in- uses a VOC emission reduction system cinerator destruction efficiency for with a control device that recovers each catalytic incinerator. VOC (e.g., carbon adsorber) to comply (3) The concentration level or reading with a percent emission reduction re- indicated by the organics monitoring quirement specified under § 60.542(a): device at the outlet of the adsorber, The mass of VOC used (M ), the mass of measured at least every 15 minutes and o averaged over the performance test pe- VOC recovered (Mr), and the overall system emission reduction (R). riod of carbon adsorber recovery effi- (7) For each affected facility that ciency while the vent stream is nor- elects to comply with the alternate mally routed and constituted. (4) The appropriate data to be speci- limit specified under § 60.542a: The mass fied by the Administrator where a VOC of VOC used (M ), the number of tires o recovery device other than a carbon processed (T ), and the mass of VOC o adsorber is used. emitted per tire processed (N). (f) Once every 6 months each owner (d) Each owner or operator of an or operator subject to the provisions of undertread cementing operation, side- § 60.545 shall report, as applicable: wall cementing operation, green tire (1) Each monthly average VOC emis- spraying operation where organic sol- sion rate that exceeds the VOC emis- vent-based sprays are used, or sion limit per tire or per bead specified Michelin-B operation who seeks to under § 60.542(a), as applicable for the comply with the requirements de- affected facility. scribed under § 60.543(j) shall include in (2) Each monthly average VOC use the initial compliance report a state- rate that exceeds the monthly VOC ment specifying, in detail, how each of usage limit specified under § 60.542(a), the equipment design and performance as applicable for the affected facility. specifications has been met. The initial (3) Each monthly average VOC emis- compliance report also shall include sion reduction efficiency for a VOC re- the following data: The emission con- covery device (e.g., carbon adsorber) trol device efficiency (E), the face ve- less than the percent efficiency limit locity through each permanent enclo- specified under § 60.542(a), as applicable sure opening with all temporary enclo- for the affected facility. sure openings closed, the total area of (4) Each 3-hour period of operation all permanent enclosure openings, the for which the average temperature of total area of all temporary enclosure the gas stream in the combustion zone openings, the maximum solvent use of a thermal incinerator, as measured rate (kg/hr or lb/hr), the type(s) of VOC by the temperature monitoring device, used, the lower explosive limit (LEL) is more than 28 °C (50 °F) below the for each VOC used, and the length of combustion zone temperature meas- time each component is enclosed after ured during the most recent determina- application of cement or spray mate- tion of the destruction efficiency of the rial. thermal incinerator that demonstrated (e) Each owner or operator of an af- that the affected facility was in com- fected facility shall include the fol- pliance. lowing data measured by the required (5) Each 3-hour period of operation monitoring device(s), as applicable, in for which the average temperature of the report for each performance test the gas stream immediately before the

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catalyst bed of a catalytic incinerator, less than 30 days in advance of the date as measured by the temperature moni- when he intends to be subject to the toring device, is more than 28 °C (50 °F) applicable VOC use limit instead of the below the gas stream temperature applicable percent emission reduction measured before the catalyst bed dur- requirement. ing the most recent determination of (i) The owner or operator of each the destruction efficiency of the cata- undertread cementing operation and lyst incinerator that demonstrated each sidewall cementing operation who that the affected facility was in com- qualifies for the alternate provisions as pliance, and any 3-hour period for described in § 60.542a, shall furnish the which the average temperature dif- Administrator written notification of ference across the catalyst bed (i.e., the election no less than 60 days after the difference between the tempera- September 19, 1989. tures of the gas stream immediately (j) The owner or operator of each before and after the catalyst bed), as tread end cementing operation and measured by the temperature moni- each green tire spraying (inside and/or toring device, is less than 80 percent of outside) operation using water-based the temperature difference measured sprays containing less than 1.0 percent, during the most recent determination by weight, of VOC as described in of the destruction efficiency of the § 60.543(b)(1) shall furnish the Adminis- catalytic incinerator that dem- trator, within 60 days initially and an- onstrated that the affected facility was nually thereafter, formulation data or in compliance. Method 24 results to verify the VOC (6) Each 3-hour period of operation content of the water-based sprays in during which the average concentra- use. If the spray formulation changes tion level or reading of VOC’s in the ex- before the end of the 12-month period, haust gases from a carbon adsorber is formulation data or Method 24 results more than 20 percent greater than the to verify the VOC content of the spray exhaust gas concentration level or shall be reported within 30 days of the reading measured by the organics mon- change. itoring device during the most recent [52 FR 34874, Sept. 15, 1987; 52 FR 37874, Oct. determination of the recovery effi- 9, 1987, as amended at 54 FR 38637, Sept. 19, ciency of the carbon adsorber that 1989; 65 FR 61765, Oct. 17, 2000] demonstrated that the affected facility was in compliance. § 60.547 Test methods and procedures. (g) The requirements for semiannual (a) The test methods in appendix A to reports remain in force until and un- this part, except as provided under less EPA, in delegating enforcement § 60.8(b), shall be used to determine authority to a State under Section compliance with § 60.542(a) as follows: 111(c) of the Act, approves reporting re- (1) Method 24 or formulation data for quirements or an alternative means of the determination of the VOC content compliance surveillance adopted by of cements or green tire spray mate- such State. In that event, affected fa- rials. In the event of dispute, Method 24 cilities within the State will be re- shall be the reference method. For lieved of the obligation to comply with Method 24, the cement or green tire these requirements, provided that they spray sample shall be a 1-liter sample comply with the requirements estab- collected in a 1-liter container at a lished by the State. point where the sample will be rep- (h) Each owner or operator of an af- resentative of the material as applied fected facility who initially elected to in the affected facility. be subject to the applicable percent (2) Method 25 as the reference method emission reduction requirement speci- for the determination of the VOC con- fied under § 60.542(a) and who later centrations in each stack, both enter- seeks to comply with the applicable ing and leaving an emission control de- total (uncontrolled) monthly VOC use vice. The owner or operator shall no- limit specified under § 60.542(a) and who tify the Administrator at least 30 days has satisfied the provisions specified in advance of any test by Method 25. under § 60.543(k) shall furnish the Ad- For Method 25, the sampling time for ministrator written notification no each of three runs shall be at least 1

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hour. Method 1 shall be used to select (ii) For Method 25A, the sampling the sampling site, and the sampling time for each run shall be at least 1 point shall be the centroid of the duct hour. Instrument calibration shall be or at a point no closer to the walls performed by the procedure given in than 1.0 meter (3.3 feet). The minimum Method 25A using the single VOC sample volume shall be 0.003 dry stand- present in the capture system. A dif- ard cubic meter (dscm) (0.11 dry stand- ferent calibration gas may be used if ard cubic feet (dscf)) except that short- the results are corrected using an exer sampling times or smaller volumes, perimentally determined response fac- when necessitated by process variables tor comparing the alternative calibra- or other factors, may be approved by tion gas to the single VOC used in the the Administrator. process. After the instrument has been (3) Method 2, 2A, 2C, or 2D, as appro- calibrated, determine the background priate, as the reference method for de- VOC concentration of the air drawn termination of the flow rate of the into the capture system immediately stack gas. The measurement site shall upwind of the application area for each be the same as for the Method 25 sam- run. The instrument does not need to be recalibrated for the background pling. A velocity traverse shall be measurement. Subtract this reading made once per run within the hour that from the reading obtained in the cap- the Method 25 sample is taken. ture system for that run. The Method (4) Method 4 for determination of 25A results shall only be used in the al- stack gas moisture. ternative procedure for determination (5) Method 25 or Method 25A for de- of capture efficiency described under termination of the VOC concentration § 60.543(f)(2)(iv)(G). in a capture system prior to a control device when only a single VOC is [52 FR 34874, Sept. 15, 1987, as amended at 54 present (see § 60.543 (f)(2)(iv)(G) and FR 38638, Sept. 19, 1989; 65 FR 61765, Oct. 17, 2000] (f)(2)(iv)(H)). The owner or operator shall notify the Administrator at least § 60.548 Delegation of authority. 30 days in advance of any test by either (a) In delegating implementation and Method 25 or Method 25A. Method 1 enforcement authority to a State shall be used to select the sampling under section 111(c) of the Act, the au- site and the sampling point shall be the thorities contained in paragraph (b) of centroid of the duct or at a point no this section shall be retained by the closer to the walls than 1.0 meter (3.3 Administrator and not transferred to a feet). Method 2, 2A, 2C, or 2D, as appro- State. priate, shall be used as the test method (b) Authority which will not be dele- for the concurrent determination of gated to States: § 60.543(c)(2)(ii)(B). gas flow rate in the capture system. (i) For Method 25, the sampling time for each run shall be at least 1 hour. Subpart CCC [Reserved] For each run, a concurrent sample shall be taken immediately upwind of Subpart DDD—Standards of Per- the application area to determine the formance for Volatile Organic background VOC concentration of air Compound (VOC) Emissions drawn into the capture system. Sub- from the Polymer Manufac- tract this reading from the reading ob- turing Industry tained in the capture system for that run. The minimum sample volume SOURCE: 55 FR 51035, Dec. 11, 1990, unless shall be 0.003 dry standard cubic meter otherwise noted. (dscm) (0.11 dry standard cubic feet (dscf)) except that shorter sampling § 60.560 Applicability and designation times or smaller volumes, when neces- of affected facilities. sitated by process variable or other (a) Affected facilities. The provisions factors, may be approved by the Ad- of this subpart apply to affected facili- ministrator. Use Method 3 to deter- ties involved in the manufacture of mine the moisture content of the stack polypropylene, polyethylene, poly- gas. styrene, or poly (ethylene

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terephthalate) as defined in § 60.561 of yr (1,102 ton/yr) shall be exempt from this subpart. The affected facilities § 60.562–2. designated below for polypropylene and (ii) Addition or replacement of equip- polyethylene are inclusive of all equipment for the purposes of improvement ment used in the manufacture of these which is accomplished without a cap- polymers, beginning with raw mate- ital expenditure shall not by itself be rials preparation and ending with prod- considered a modification under uct storage, and cover all emissions § 60.562–2. emanating from such equipment. (b) Applicability dates. The applica- (1) For process emissions from any bility date identifies when an affected polypropylene and polyethylene manu- facility becomes subject to a standard. facturing process that uses a continuous process, the affected facilities are Usually, a standard has a single appli- each of the following process sections: cability date. However, some poly- each raw materials preparation sec- propylene and polyethylene affected fa- tion, each polymerization reaction sec- cilities have a September 30, 1987, ap- tion, each material recovery section, plicability date and others have a Jan- each product finishing section, and uary 10, 1989, applicability date. The each product storage section. These following paragraphs identify the ap- process sections are affected facilities plicability dates for all affected facili- for process emissions that are emitted ties subject to this subpart. continuously and for process emissions (1) Polypropylene and polyethylene. that are emitted intermittently. Each process section in a poly- (2) For process emissions from polypropylene or polyethylene production styrene manufacturing processes that process is a potential affected facility use a continuous process, the affected for both continuous and intermittent facilities are each material recovery emissions. The applicability date de- section. These process sections are af- pends on when the process section was fected facilities for only those process constructed, modified, or reconstructed emissions that are emitted continu- and, in some instances, on the type of ously. production process. (3) For process emissions from (i) The applicability date for any poly(ethylene terephthalate) manufac- polypropylene or polyethylene affected turing processes that use a continuous process, the affected facilities are each facility that is constructed, modified, polymerization reaction section. If the or reconstructed after January 10, 1989, process uses dimethyl terephthalate, regardless of the type of production then each material recovery section is process being used, is January 10, 1989. also an affected facility. If the process (ii) Only some polypropylene or poly- uses terephthalic acid, then each raw ethylene process sections that are con- materials preparation section is also structed, modified, or reconstructed on an affected facility. These process sec- or before January 10, 1989, but after tions are affected facilities for only September 30, 1987, are affected facili- those process emissions that are emit- ties. These process sections (and the ted continuously. type of emissions to be controlled) are (4) For VOC emissions from equip- identified by an ‘‘x’’ in table 1. The ap- ment leaks from polypropylene, poly- plicability date for the process sections ethylene, and polystyrene (including (and the emissions to be controlled) expandable polystyrene) manufac- that are identified by an ‘‘x’’ in table 1 turing processes, the affected facilities is September 30, 1987. Since the af- are each group of fugitive emissions fected facilities that have a September equipment (as defined in § 60.561) within 30, 1987, applicability date are deter- any process unit (as defined in § 60.561). mined by the type of production proc- This subpart does not apply to VOC ess (e.g., liquid phase, gas phase), each emissions from equipment leaks from owner or operator shall identify the poly(ethylene terephthalate) manufacturing processes. particular production process that ap- (i) Affected facilities with a design plies to his or her particular process. capacity to produce less than 1,000 Mg/

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Emissions Polymer Production Process section process(es) Continuous Intermittent

Polypropylene ...... Liquid Phase ...... Raw Materials Preparation ...... X Polymerization Reaction ...... X Material Recovery ...... X X Product Finishing ...... X Product Storage. Polypropylene ...... Gas Phase ...... Raw Materials Preparation. Polymerization Reaction ...... X Material Recovery ...... X Product Finishing. Product Storage. Low Density Polyethylene ...... High Pressure ...... Raw Materials Preparation ...... X Polymerization Reaction ...... X Material Recovery ...... X Product Finishing ...... X Product Storage ...... X Low Density Polyethylene ...... Low Pressure ...... Raw Materials Preparation ...... X X High Density Polyethylene ...... Gas Phase ...... Polymerization Reaction ...... X Material Recovery. Product Finishing ...... X Product Storage. High Density Polyethylene ...... Liquid Phase Slurry ... Raw Materials Preparation ...... X Polymerization Reaction. Material Recovery ...... X Product Finishing ...... X Product Storage. High Density Polyethylene ...... Liquid Phase Solution Raw Materials Preparation ...... X X Polymerization Reaction ...... X Material Recovery ...... X X Product Finishing. Product Storage ......

(2) Polystyrene. The applicability date tember 30, 1987, applicability date that for each polystyrene affected facility is commenced construction, modifica- September 30, 1987. tion, or reconstruction after September (3) Poly(ethylene terephthalate). The 30, 1987, and on or before January 10, applicability date for each 1989, with an uncontrolled emission poly(ethylene terephthalate) affected rate (as defined in footnote a to table 2) facility is September 30, 1987. at or below those identified in table 2 is (c) Any facility under paragraph (a) not subject to the requirements of of this section that commences con- § 60.562–1 unless and until its uncon- struction, modification, or reconstruc- trolled emission rate exceeds that rate tion after its applicability date as identified under paragraph (b) of this sec- listed for it in table 2 or it is modified tion is subject to the requirements of or reconstructed after January 10, 1989. this subpart, except as provided in At such time, such facility becomes paragraphs (d) through (f) of this sec- subject to § 60.562–1 and the procedures tion. identified in § 60.562–1(a) shall be used (d) Any polypropylene or poly- to determine the control of emissions ethylene affected facility with a Sep- from the facility.

TABLE 2—MAXIMUM UNCONTROLLED THRESHOLD EMISSION RATES A

Uncontrolled emission rate, kg TOC/ Production process Process section Mg product (See associated footnote)

Polypropylene, liquid phase process ...... Raw Materials Preparation ...... 0.15 b Polymerization Reaction ...... 0.14 b, 0.24 c Material Recovery ...... 0.19 b Product Finishing ...... 1.57 b Polypropylene, gas phase process ...... Polymerization Reaction ...... 0.12 c Material Recovery ...... 0.02 b Low Density Polyethylene, low pressure process ...... Raw Materials Preparation ...... 0.41 d

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TABLE 2—MAXIMUM UNCONTROLLED THRESHOLD EMISSION RATES A—Continued

Uncontrolled emission rate, kg TOC/ Production process Process section Mg product (See associated footnote)

Polymerization Reaction ...... (e) Material Recovery ...... (e) Product Finishing ...... (e) Product Storage ...... (e) Low Density Polythylene, low pressure process ...... Raw Materials Preparation ...... 0.05 f Polymerization Reaction ...... 0.03 g Product Finishing ...... 0.01 b High Density Polyethylene, liquid phase slurry proc- Raw Materials Preparation ...... 0.25 c ess. Material Recovery ...... 0.11 b Product Finishing ...... 0.41 b High Density Polyethylene, liquid phase solution Raw Materials Preparation ...... 0.24 f process. Polymerization Reaction ...... 0.16 c Material Recovery ...... 1.68 f High Density Polyethylene, gas phase process ...... Raw Materials Preparation ...... 0.05 f Polymerization Reaction ...... 0.03 g Product Finishing ...... 0.01 b Polystyrene, continuous process ...... Material Recovery ...... 0.05 bh Poly(ethylene terephalate), dimethyl terephthalate Material Recovery ...... 0.12 bh process. Polymerization Reaction ...... 1.80 hij Poly(ethlyene terephthalate), terephthalic acid proc- Raw Materials Preparation ...... (l) ess. Polymerization Reaction ...... 1.80 hjm 3.92 hkm a ‘‘Uncontrolled emission rate’’ refers to the emission rate of a vent stream that vents directly to the atmosphere and to the emission rate of a vent stream to the atmosphere that would occur in the absence of any add-on control devices but after any material recovery devices that constitute part of the normal material recovery operations in a process line where potential emissions are recovered for recycle or resale. b Emission rate applies to continuous emissions only. c Emission rate applies to intermittent emissions only. d Total emission rate for non-emergency intermittent emissions from raw materials preparation, polymerization reaction, material recovery, product finishing, and product storage process sections. e See footnote d. f Emission rate applies to both continuous and intermittent emissions. g Emission rate applies to non-emergency intermittent emissions only. h Applies to modified or reconstructed affected facilities only. i Includes emissions from the cooling water tower. j Applies to a process line producing low viscosity poly(ethylene terephthlalate). k Applies to a process line producing high viscosity poly(ethylene terephathalate). l See footnote m. m Applies to the sum of emissions to the atmosphere from the polymerization reaction section (including emissions from the cooling tower) and the raw materials preparation section (i.e., the esterifiers).

(e)(1) Modified or reconstructed af- fied in table 2 are exempt from the re- fected facilities at polystyrene and quirements of § 60.562–1 unless and until poly(ethylene terephthalate) plants the existing control device is modified, with uncontrolled emission rates at or reconstructed, or replaced. below those identified in table 2 are ex- (f) No process section of an experi- empt from the requirements of § 60.562– mental process line is considered an af- 1 unless and until its uncontrolled fected facility for continuous or inter- emission rate exceeds that rate listed mittent process emissions. for it in table 2. This exemption does (g) Individual vent streams that emit not apply to new polystyrene or continuous emissions with uncon- poly(ethylene terephthalate) affected trolled annual emissions of less than facilities. 1.6 Mg/yr (1.76 ton/yr) or with a weight (2) Emissions from modified or recon- percent TOC of less than 0.10 percent structed affected facilities that are from a new, modified, or reconstructed controlled by an existing control de- polypropylene or polyethylene affected vice and that have uncontrolled emis- facility are exempt from the require- sion rates greater than the uncon- ments of § 60.562–1(a)(1). If at a later trolled threshold emission rates identi-

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date, an individual stream’s uncon- provisions required to be met prior to trolled annual emissions become 1.6 implementing 40 CFR part 65 still Mg/yr (1.76 ton/yr) or greater (if the apply. Owners and operators who stream was exempted on the basis of choose to comply with 40 CFR part 65, the uncontrolled annual emissions ex- subpart G, must comply with 40 CFR emption) or VOC concentration be- part 65, subpart A. comes 0.10 weight percent or higher (if (3) Initial startup notification. Each the stream was exempted on the basis owner or operator subject to the provi- of the VOC concentration exemption), sions of this subpart that chooses to then the stream is subject to the re- comply with 40 CFR part 65, subpart G, quirements of § 60.562–1. at initial startup shall notify the Ad- (h) Emergency vent streams, as de- ministrator of the specific provisions fined in § 60.561, from a new, modified, of 40 CFR part 65, subpart G, with or reconstructed polypropylene or pol- which the owner or operator has elect- yethylene affected facility are exempt ed to comply. Notification shall be sub- from the requirements of § 60.562– mitted with the notification of initial 1(a)(2). startup required by 40 CFR 65.5(b). (i) An owner or operator of a poly- (NOTE: The numerical emission limits in propylene or polyethylene affected fa- these standards are expressed in terms of cility that commenced construction, total organic compounds, measured as total modification, or reconstruction after organic compounds less methane and eth- September 30, 1987, and on or before ane.) January 10, 1989, and that is in a proc- [55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. ess line in which more than one type of 22, 1991, as amended at 65 FR 61765, Oct. 17, polyolefin (i.e., polypropylene, low den- 2000; 65 FR 78278, Dec. 14, 2000] sity polyethylene, high density polyethylene, or their copolymers) is pro- § 60.561 Definitions. duced shall select one of the polymer/ As used in this subpart, all terms not production process combinations in defined herein shall have the meaning table 1 for purposes of determining ap- given them in the Act, in subpart A of plicable affected facilities and uncon- part 60, or in subpart VV of part 60, and trolled threshold emissions rates. the following terms shall have the spe- (j) Alternative means of compliance—(1) cific meanings given them. Option to comply with part 65. Owners or Boiler means any enclosed combus- operators may choose to comply with tion device that extracts useful energy 40 CFR part 65, subpart G, for contin- in the form of steam. uous process vents that are subject to Capital expenditure means, in addition this subpart, that choose to comply to the definition in 40 CFR 60.2, an ex- with § 60.562–1(a)(1)(i)(A), (B), or (C) as penditure for a physical or operational allowed in § 60.562–1(a)(1) and (b)(1)(iii). change to an existing facility that ex- The requirements of 40 CFR part 65, ceeds P, the product of the facility’s re- subpart G, satisfy the requirements of placement cost, R, and an adjusted an- paragraph (c) of this section and nual asset guideline repair allowance, §§ 60.563 through 60.566, except for A, as reflected by the following equa- § 60.565(g)(1). Other provisions applying tion: P = R × A, where to owners or operators who choose to (a) The adjusted annual asset guide- comply with 40 CFR part 65 are pro- line repair allowance, A, is the product vided in 40 CFR 65.1. of the percent of the replacement cost, (2) Part 60, subpart A. Owners or oper- Y, and the applicable basic annual ators who choose to comply with 40 asset guideline repair allowance, B, as CFR part 65, subpart G, must also com- reflected by the following equation: A ply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) = Y × (B ÷ 100); and (4), 60.14, 60.15, and 60.16 for those (b) The percent Y is determined from process vents. All sections and para- the following equation: Y = 1.0 ¥ 0.57 graphs of subpart A of this part that log X, where X is 1986 minus the year of are not mentioned in this paragraph construction; and (j)(2) do not apply to owners or opera- (c) The applicable basic annual asset tors of process vents complying with 40 guideline repair allowance, B, is equal CFR part 65, subpart G, except that to 12.5.

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Car-sealed means, for purposes of ment damage. This includes intermit- these standards, a seal that is placed tent vents that occur from process on the device used to change the posi- equipment where normal operating pa- tion of a valve (e.g., from opened to rameters (e.g., pressure or tempera- closed) such that the position of the ture) are exceeded such that the proc- valve cannot be changed without ess equipment can not be returned to breaking the seal and requiring the re- normal operating conditions using the placement of the old seal once broken design features of the system and vent- with a new seal. ing must occur to avoid equipment Closed vent system means a system failure or adverse safety personnel con- that is not open to the atmosphere and sequences and to minimize adverse ef- that is composed of piping, connec- fects of the runaway reaction. This tions, and, if necessary, flow inducing does not include intermittent vents devices that transport gas or vapor that are designed into the process to from a piece or pieces of equipment to maintain normal operating conditions a control device. of process vessels including those vents Continuous emissions means any gas that regulate normal process vessel stream containing VOC that is gen- pressure. erated essentially continuously when End finisher means a polymerization the process line or any piece of equip- reaction vessel operated under very low ment in the process line is operating. pressures, typically at pressures of 2 Continuous process means a polym- mm Hg (1 in. H2O) or less, in order to erization process in which reactants produce high viscosity poly(ethylene are introduced in a continuous manner terephthalate). An end finisher is pre- and products are removed either con- ceded in a high viscosity poly(ethylene tinuously or intermittently at regular terephthalate) process line by one or intervals so that the process can be op- more polymerization vessels operated erated and polymers produced essen- under less severe vacuums, typically tially continuously. between 5 and 10 mm Hg (3 and 5 in. Control device means an enclosed H2O). A high viscosity poly(ethylene combustion device, vapor recovery sys- terephthalate) process line may have tem, or flare. one or more end finishers. Copolymer means a polymer that has Existing control device means, for the two different repeat units in its chain. purposes of these standards, an air pol- Decomposition means, for the purposes lution control device that has been in of these standards, an event in a po- operation on or before September 30, lymerization reactor that advances to 1987, or that has been in operation be- the point where the polymerization re- tween September 30, 1987, and January action becomes uncontrollable, the 10, 1989, on those continuous or inter- polymer begins to break down (decom- mittent emissions from a process sec- pose), and it becomes necessary to re- tion that is marked by an ‘‘—’’ in table lieve the reactor instantaneously in 1 of this subpart. order to avoid catastrophic equipment Existing control device is reconstructed damage or serious adverse personnel means, for the purposes of these stand- safety consequences. ards, the capital expenditure of at least Decomposition emissions refers to 50 percent of the replacement cost of those emissions released from a poly- the existing control device. mer production process as the result of Existing control device is replaced a decomposition or during attempts to means, for the purposes of these stand- prevent a decomposition. ards, the replacement of an existing Emergency vent stream means, for the control device with another control de- purposes of these standards, an inter- vice. mittent emission that results from a Expandable polystyrene means a poly- decomposition, attempts to prevent styrene bead to which a blowing agent decompositions, power failure, equip- has been added using either an in-situ ment failure, or other unexpected suspension process or a post-impregna- cause that requires immediate venting tion suspension process. of gases from process equipment in Experimental process line means a order to avoid safety hazards or equip- polymer or copolymer manufacturing

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process line with the sole purpose of liquid phase; i.e., the monomer(s) and operating to evaluate polymer manu- any catalyst are dissolved, or sus- facturing processes, technologies, or pended in a liquid solvent. products. An experimental process line Liquid phase slurry process means a does not produce a polymer or resin liquid phase polymerization process in that is sold or that is used as a raw ma- which the monomer(s) are in solution terial for nonexperimental process (completely dissolved) in a liquid sol- lines. vent, but the polymer is in the form of Flame zone means that portion of the solid particles suspended in the liquid combustion chamber in a boiler occu- reaction mixture during the polym- pied by the flame envelope. erization reaction; sometimes called a Fugitive emissions equipment means particle form process. each pump, compressor, pressure relief Liquid phase solution process means a device, sampling connection system, liquid phase polymerization process in open-ended valve or line, valve, and flange or other connector in VOC serv- which both the monomer(s) and poly- ice and any devices or systems required mer are in solution (completely dis- by subpart VV of this part. solved) in the liquid reaction mixture. Gas phase process means a polym- Low density polyethylene (LDPE) erization process in which the polym- means a thermoplastic polymer or co- erization reaction is carried out in the polymer comprised of at least 50 per- gas phase; i.e., the monomer(s) are cent ethylene by weight and having a gases in a fluidized bed of catalyst par- density of 0.940 g/cm3 (58.7 lb/ft3) or ticles and granular polymer. less. High density polyethylene (HDPE) Low pressure process means a produc- means a thermoplastic polymer or co- tion process for the manufacture of low polymer comprised of at least 50 per- density polyethylene in which a reac- cent ethylene by weight and having a tion pressure markedly below that used density of greater than 0.940 gm/cm33 in a high pressure process is used. Re- (58.7 lb/ft3). action pressure of current low pressure High pressure process means the con- processes typically go up to about 300 ventional production process for the psig (2,070 kPa gauge). manufacture of low density poly- Low viscosity poly(ethylene ethylene in which a reaction pressure terephthalate) means a poly(ethylene of about 15,000 psig (103,000 kPa gauge) terephthalate) that has an intrinsic or greater is used. viscosity of less than 0.75 and is used in High viscosity poly(ethylene such applications as clothing, bottle, terephthalate) means poly(ethylene and film production. terephthalate) that has an intrinsic viscosity of 0.9 or higher and is used in Material recovery section means the such applications as tire cord and seat equipment that recovers unreacted or belts. by-product materials from any process Incinerator means an enclosed com- section for return to the process line, bustion device that is used for destroy- off-site purification or treatment, or ing VOC. sale. Equipment designed to separate In-situ suspension process means a unreacted or by-product material from manufacturing process in which sty- the polymer product are to be included rene, blowing agent, and other raw main this process section, provided at terials are added together within a re- least some of the material is recovered actor for the production of expandable for reuse in the process, off-site purifi- polystyrene. cation or treatment, or sale, at the Intermittent emissions means those gas time the process section becomes an af- streams containing VOC that are gen- fected facility. Otherwise such equip- erated at intervals during process line ment are to be assigned to one of the operation and includes both planned other process sections, as appropriate. and emergency releases. Equipment that treats recovered mate- Liquid phase process means a polym- rials are to be included in this process erization process in which the polym- section, but equipment that also treats erization reaction is carried out in the raw materials are not to be included in

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this process section. The latter equip- glycol to form the intermediate mon- ment are to be included in the raw ma- omer bis-(2-hydroxyethyl)- terials preparation section. If equip- terephthalate (BHET) that is subse- ment is used to return unreacted or by- quently polymerized to form PET. product material directly to the same Poly(ethylene terephthalate) (PET) piece of process equipment from which manufacture using terephthalic acid it was emitted, then that equipment is means the manufacturing of considered part of the process section poly(ethylene terephthalate) based on that contains the process equipment. If the esterification reaction of tereph- equipment is used to recover unreacted thalic acid (TPA) with ethylene glycol or by-product material from a process to form the intermediate monomer bis- section and return it to another proc- (2-hydroxyethyl)-terephthalate (BHET) ess section or a different piece of proc- that is subsequently polymerized to ess equipment in the same process sec- form PET. tion or sends it off-site for purification, treatment, or sale, then such equip- Polymerization reaction section means ment are considered part of a material the equipment designed to cause mon- recovery section. Equipment used for omer(s) to react to form polymers, in- the on-site recovery of ethylene glycol cluding equipment designed primarily from poly(ethylene terephthalate) to cause the formation of short poly- plants, however, are not included in mer chains (oligomers or low poly- the material recovery section, but are mers), but not including equipment de- covered under the standards applicable signed to prepare raw materials for po- to the polymerization reaction section lymerization, e.g., esterification ves- (§ 60.562–1(c)(1)(ii)(A) or (2)(ii)(A)). sels. For the purposes of these stand- Operating day means, for the purposes ards, the polymerization reaction sec- of these standards, any calendar day tion begins with the equipment used to during which equipment used in the transfer the materials from the raw manufacture of polymer was operating materials preparation section and ends for at least 8 hours or one labor shift, with the last vessel in which polym- whichever is shorter. Only operating erization occurs. Equipment used for days shall be used in determining com- the on-site recovery of ethylene glycol pliance with the standards specified in from poly(ethylene terephthalate) § 60.562–1(c)(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), plants, however, are included in this and (2)(ii)(C). Any calendar day in process section, rather than in the ma- which equipment is used for less than 8 terial recovery process section. hours or one labor shift, whichever is Polypropylene (PP) means a thermo- less, is not an ‘‘operating day’’ and plastic polymer or copolymer com- shall not be used as part of the rolling prised of at least 50 percent propylene 14-day period for determining compli- by weight. ance with the standards specified in Polystyrene (PS) means a thermo- § 60.562–1(c)(1)(ii)(B), (1)(ii)(C), (2)(ii)(B), plastic polymer or copolymer com- and (2)(ii)(C). prised of at least 80 percent styrene or Polyethylene means a thermoplastic polymer or copolymer comprised of at para-methylstyrene by weight. least 50 percent ethylene by weight; see Post-impregnation suspension process low density polyethylene and high den- means a manufacturing process in sity polyethylene. which polystyrene beads are first Poly(ethylene terephthalate) (PET) formed in a suspension process, means a polymer or copolymer com- washed, dried, or otherwise finished prised of at least 50 percent bis-(2-hy- and then added with a blowing agent to droxyethyl)-terephthalate (BHET) by another reactor in which the beads and weight. blowing agent are reacted to produce Poly(ethylene terephthalate) (PET) expandable polystyrene. manufacture using dimethyl terephthalate Process heater means a device that means the manufacturing of transfers heat liberated by burning fuel poly(ethylene terephthalate) based on to fluids contained in tubular coils, in- the esterification of dimethyl cluding all fluids except water that is terephthalate (DMT) with ethylene heated to produce steam.

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Process line means a group of equip- polymer product is not recovered at ment assembled that can operate inde- the time the process section becomes pendently if supplied with sufficient an affected facility. If the material is raw materials to produce poly- being recovered, then the separation propylene, polyethylene, polystyrene, equipment are to be included in the (general purpose, crystal, or expand- material recovery section. Product fin- able) or poly(ethylene terephthalate) ishing does not include polymerization, or one of their copolymers. A process the physical mixing of the pellets to line consists of the equipment in the obtain a homogenous mixture of the following process sections (to the ex- polymer (except as noted below), or the tent that these process sections are shaping (such as fiber spinning, mold- present at a plant): raw materials prep- ing, or fabricating) or modification aration, polymerization reaction, prod- (such as fiber stretching and crimping) uct finishing, product storage, and ma- of the finished end product. If physical terial recovery. mixing occurs in equipment located be- Process section means the equipment tween product finishing equipment designed to accomplish a general but (i.e., before all the chemical and phys- well-defined task in polymer produc- ical characteristics have been ‘‘set’’ by tion. Process sections include raw ma- virtue of having passed through the terials preparation, polymerization re- last piece of equipment in the product action, material recovery, product fin- finishing section), then such equipment ishing, and product storage and may be are to be included in this process sec- dedicated to a single process line or tion. Equipment used to physically mix common to more than one process line. the finished product that are located Process unit means equipment assem- after the last piece of equipment in the bled to perform any of the physical and product finishing section are part of chemical operations in the production the product storage section. of polypropylene, polyethylene, poly- Product storage section means the styrene, (general purpose, crystal, or equipment that is designed to store the expandable), or poly(ethylene finished polymer or resin end product terephthalate) or one of their copoly- of the particular facility. For the pur- mers. A process unit can operate inde- poses of these standards, the product pendently if supplied with sufficient storage section begins with the equip- feed or raw materials and sufficient ment used to transfer the finished storage facilities for the product. Ex- product out of the product finishing amples of process units are raw mate- section and ends with the containers rials handling and monomer recovery. used to store the final product. Any Product finishing section means the equipment used after the product fin- equipment that treats, shapes, or modi- ishing section to recover unreacted or fies the polymer or resin to produce the by-product material are to be consid- finished end product of the particular ered part of a material recovery sec- facility, including equipment that pre- tion. Product storage does not include pares the product for product finishing. any intentional modification of the For the purposes of these standards, characteristics of any polymer or resin the product finishing section begins product, but does include equipment with the equipment used to transfer that provide a uniform mixture of the polymerized product from the po- product, provided such equipment are lymerization reaction section and ends used after the last product finishing with the last piece of equipment that piece of equipment. This process sec- modifies the characteristics of the tion also does not include the shipment polymer. Product finishing equipment of a finished polymer or resin product may accomplish product separation, to another facility for further finishing extruding and pelletizing, cooling and or fabrication. drying, blending, additives introduc- Raw materials preparation section tion, curing, or annealing. Equipment means the equipment located at a poly- used to separate unreacted or by-prod- mer manufacturing plant designed to uct material from the product are to be prepare raw materials, such as mono- included in this process section, pro- mers and solvents, for polymerization. vided the material separated from the For the purposes of these standards,

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this process section begins with the polypropylene, low density poly- equipment used to transfer raw mate- ethylene, or high density polyethylene rials from storage and recovered mate- process line containing a process sec- rial from material recovery process tion subject to the provisions of this sections, and ends with the last piece subpart shall comply with the provi- of equipment that prepares the mate- sions in this section on and after the rial for polymerization. The raw mate- date on which the initial performance rials preparation section may include test required by § 60.8 is completed, but equipment that accomplishes purifi- not later than 60 days after achieving cation, drying, or other treatment of the maximum production rate at which raw materials or of raw and recovered the affected facility will be operated, materials together, activation of cata- or 180 days after initial startup which- lysts, and esterification including the ever comes first. formation of some short polymer (1) Continuous emissions. For each chains (oligomers), but does not in- vent stream that emits continuous clude equipment that is designed pri- emissions from an affected facility as marily to accomplish the formation of defined in § 60.560(a)(1), the owner or op- oligomers, the treatment of recovered erator shall use the procedures identi- materials alone, or the storage of raw fied in paragraphs (a)(1) (ii) and (iii) of materials. this section for determining which con- Recovery system means an individual tinuous emissions are to be controlled unit or series of material recovery and which level of control listed in units, such as absorbers, condensers, paragraph (a)(1)(i) of this section is to and carbon adsorbers, used for recov- be met. The owner or operator shall ering volatile organic compounds. use the procedures identified in para- Total organic compounds (TOC) means graphs (a)(1) (ii) and (iii) of this section those compounds measured according each time a process section is con- to the procedures specified in § 60.564. structed, modified, or reconstructed at Vent stream means any gas stream re- the plant site. leased to the atmosphere directly from (i) Level of control Continuous emis- an emission source or indirectly either sion streams determined to be subject through another piece of process equip- to control pursuant to the procedures ment or a material recovery device identified in paragraphs (a)(1) (ii) and that constitutes part of the normal re- (iii) of this section, as applicable, shall covery operations in a polymer process meet one of the control levels identi- line where potential emissions are re- fied in paragraphs (a)(1)(i) (A) through covered for recycle or resale, and any (D) of this section. The procedures in gas stream directed to an air pollution paragraphs (a)(1) (ii) and (iii) of this control device. The emissions released section identify which level of control from an air pollution control device may be met. The level of control iden- are not considered a vent stream un- tified in paragraph (a)(1)(i)(D) of this less, as noted above, the control device section is limited to certain continuous is part of the normal material recovery emission streams, which are identified operations in a polymer process line through the procedures in paragraphs where potential emissions are recov- (a)(1) (ii) and (iii) of this section. ered for recycle or resale. (A) Reduce emissions of total organic Volatile organic compounds (VOC) compounds (minus methane and eth- means, for the purposes of these stand- ane) (TOC) by 98 weight percent, or to ards, any reactive organic compounds a concentration of 20 parts per million as defined in § 60.2 Definitions. by volume (ppmv) on a dry basis, [55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, whichever is less stringent. The TOC is 1991; 56 FR 12299, Mar. 22, 1991; 65 FR 61767, expressed as the sum of the actual Oct. 17, 2000] compounds, not carbon equivalents. If an owner or operator elects to comply § 60.562–1 Standards: Process emis- with the 20 ppmv standard, the con- sions. centration shall include a correction to (a) Polypropylene, low density poly- 3 percent oxygen only when supple- ethylene, and high density poly- mental combustion air is used to com- ethylene. Each owner or operator of a bust the vent stream.

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(B) Combust the emissions in a boiler shall use the procedures identified in or process heater with a design heat table 3 to identify those continuous input capacity of 150 million Btu/hour emissions from each constructed, or greater by introducing the vent modified, or reconstructed affected fa- stream into the flame zone of the boil- cility that are to be controlled. The er or process heater. (Note: A boiler or owner shall include in the procedure all process heater of lesser design heat ca- uncontrolled continuous vent streams pacity may be used, but must dem- from previously constructed, modified, onstrate compliance with paragraph or reconstructed affected facilities at (a)(1)(i)(A) of this section.) the plant site each time a process sec- (C) Combust the emissions in a flare tion is constructed, modified, or recon- that meets the conditions specified in structed at the plant site. In applying § 60.18. If the flare is used to control the procedures shown in table 3, the both continuous and intermittent stream characteristics may be either emissions, the flare shall meet the conditions specified in § 60.18 at all times measured or calculated as specified in (i.e., which controlling continuous § 60.564(d). For modified or recon- emissions alone or when controlling structed affected facilities, these both continuous and intermittent stream characteristics are to be deter- emissions). mined after a modification or recon- (D) Vent the emissions to a control struction determination has been made device located on the plant site. by the Administrator, but before any (ii) Uncontrolled Continuous Emissions. actual changes have been undertaken, For each vent stream that emits con- and then again after the actual tinuous emissions from an affected fa- changes have been made. Figure 1 pro- cility as defined in § 60.560(a)(1) and vides a summary overview of the con- that is not controlled in an existing trol determination procedure described control device, the owner or operator in table 3.

TABLE 3—PROCEDURE FOR DETERMINING CONTROL AND APPLICABLE STANDARD FOR CONTINUOUS EMISSION STREAMS FROM NEW, MODIFIED, OR RECONSTRUCTED POLYPROPYLENE AND POLY- ETHYLENE AFFECTED FACILITIES

Applicable Control/no control cri- Procedure a TOC weight Applicable standard percent range teria

1. Sum all uncontrolled streams with TOC 0.10 < 5.5 1. If total combined un- 1. § 60.562–1(a)(1)(i) (A), (B), or (C). weight percent within the applicable weight controlled emissions percent range from all affected facilities at a are equal to or plant site. greater than the calculated threshold emissions (CTE) b, control. 2. Calculate total uncontrolled annual emis- 2. If total combined un- 2. § 60.562–1(a)(1)(i) (A) through sions for each weight percent range. For controlled emission (D). modified or affected facilities, use the total are less than the uncontrolled emissions after modification or CTE b, control only reconstruction. individual streams with volume flow rates of 8 scfm or less. 3. Calculate composite TOC concentration 5.5 < 20 1. If total combined un- 1. § 60.562–1(a)(1)(i) (A), (B), or (C) (weight percent) for streams in the 0.10 to controlled emissions 2. If total combined uncontrolled less than 5.5 weight percent range and for are equal to or emissions are less than the CTE b, streams in the 5.5 to less than 20 weight greater than CTE b, control only individual streams with percent range. For modified or recon- control. volume flow rates of 8 scfm or structed affected facilities, calculate the less. composite VOC concentration before and after modification and reconstruction. 4. Select the higher of the two TOC con- 20 to 100 1. If total combined un- 1. § 60.562–1(a)(1)(i) (A), (B), or (C). centrations for each weight percent range controlled emissions for vent streams from a modified or recon- are equal to or structed affected facility. greater than 18.2 Mg/yr, control.

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TABLE 3—PROCEDURE FOR DETERMINING CONTROL AND APPLICABLE STANDARD FOR CONTINUOUS EMISSION STREAMS FROM NEW, MODIFIED, OR RECONSTRUCTED POLYPROPYLENE AND POLY- ETHYLENE AFFECTED FACILITIES—Continued

Applicable Control/no control cri- Procedure a TOC weight Applicable standard percent range teria

5. Calculate the threshold emissions for the 2. If total combined un- 2. § 60.562–1(a)(1)(i) (A) through 0.10 to less than 5.5 weight percent range controlled emissions (D). and for the 5.5 to less than 20 weight per- are less than 18.2 cent range using the respective composite Mg/yr, control. TOC concentration selected above. a Individual streams excluded under § 60.560(g) from the requirements of § 60.562–1 are to be excluded from all calculations in this table. This paragraph exempts all individual emission streams with individual uncontrolled annual emission rates of less than 1.6 Mg/yr and all individual emission streams with individual TOC concentrations of less than 0.10 percent TOC by weight. b For the 0.10 to less than 5.5 weight percent range, the following equations are used:

If the percent composite TOC concentration is Use this equation to calculate threshold emissions

0.10<0.12 ...... (a × 7.5 × 106) + 226 0.12<0.2 ...... (b × 58.3) + 116.8 0.2<0.3 ...... (c × 3020) + 71.8 0.3<0.4 ...... (d × 547) + 54.5 0.4<0.6 ...... 48.3 + 31 (0.6¥weight percent TOC) 0.6<5.5 ...... 48.3

where: a = (0.12 ¥ weight percent TOC). 25 ⎧ ⎫05. 05. ⎪ 70. ⎪ ⎧ ⎫ ⎨ ⎬ − 018. − 1 ⎨ ⎬ 1 ⎪weight percent TOC ⎪ ⎩weight percent TOC⎭ = ⎩ ⎭ b = e weight percent TOC weight percent TOC c = (0.3¥weight percent TOC) 2 05. d = (0.4¥weight percent TOC). 15 ⎪⎧ 90. ⎪⎫ ⎨ ⎬ − For the 5.5 to less than 20 weight per- 1 ⎩⎪weight percent TOC ⎭⎪ cent range, the following equations are f = used. weight percent TOC If the percent composite TOC Use this equation to calculate concentration is threshold emissions 05. ⎪⎧ 20. 0 ⎪⎫ 5.5<7.0 ...... (e × 740) + 31 ⎨ ⎬ −1 7.0<9.0 ...... (f × 324) + 25.0 ⎩⎪weight percent TOC ⎭⎪ 9.0<20 ...... (g × 125) + 18.2 g = where weight percent TOC

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(iii) Controlled Continuous Emis- that is controlled in an existing con- sions. For each vent stream that emits trol device, each owner or operator continuous emissions from an affected shall determine whether the emissions facility as defined in § 60.560(a)(1) and entering the control device are greater

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than or equal to the calculated thresh- streams are not to be separated into in- old emissions (CTE) level, which is to dividual weight percent ranges for cal- be calculated using the TOC concentra- culation purposes as would be done for tion of the inlet vent stream and the uncontrolled emission streams. Emis- equations in footnote b of table 3. If sions vented to an existing control de- the inlet stream’s TOC concentration vice are required to be controlled as de- is equal to or greater than 20 weight scribed in paragraphs (a)(1)(iii) (A) and percent, the calculated threshold emis- (B) of this section. Figure 2 illustrates sions level is 18.2 Mg/yr (20.1 ton/yr). If the control determination procedure multiple emission streams are vented for controlled continuous emissions. to the control device, the individual

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(A) If the annual emissions of the ating conditions modified as a result of stream entering the control device are State or local regulations (including equal to or greater than the CTE lev- changes in the operating permit) in- els, then compliance with one of the re- cluding those instances where the con- quirements identified in § 60.562– trol device is reconstructed, replaced, 1(a)(1)(i) (A), (B), or (C) is required at or modified in its operation at the such time the control device is recon- same time the existing process section structed or replaced or has its oper-

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is modified or reconstructed and be- State or local regulation, including comes an affected facility. If the exist- changes in the operating permit. This ing control device already complies paragraph does not apply to emergency with one of the requirements identified vent streams exempted by § 60.560(h) in § 60.562–1(a)(1)(i) (A), (B), or (C), no and as defined in § 60.561. further control is required. (i) Combust the emissions in a flare (B) If the annual emissions of the that is: stream entering the control device are (A) Designed for and operated with less than the CTE level, then the re- no visible emissions, except for periods quirements of § 60.562–1(a)(1)(i) (A), (B), not to exceed a total of 5 minutes dur- or (C) are not applicable at that time. ing any 2 consecutive hours, However, if the control device is re- (B) Operated with a flame present at placed, reconstructed, or modified at a all times, and later date, each owner or operator shall (C) Designed to maintain a stable reevaluate the applicability of these flame. standards. This is done by combining (ii) Combust the emissions in an in- with the vent stream entering the con- cinerator, boiler, or process heater. trol device any uncontrolled vent Such emissions shall be introduced streams in the same weight percent into the flame zone of a boiler or proc- range as the controlled vent stream ess heater. and determining whether the annual (b) Polystyrene. Each owner or oper- emissions of the stream entering the ator of a polystyrene process line con- control device plus the applicable un- taining process sections subject to the controlled vent streams are greater provisions of this subpart shall comply than or equal to the CTE level, which with the provisions in this section on is based on the weighted TOC con- and after the date on which the initial centration of the controlled vent performance test required by § 60.8 is stream and the uncontrolled vent completed, but not later than 60 days streams. If the annual emissions enter- after achieving the maximum producing the control device (including the tion rate at which the affected facility applicable uncontrolled vent streams) will be operated, or 180 days after ini- are greater than or equal to the CTE tial startup, whichever comes first. level, then compliance with one of the Each owner or operator of a poly- requirements identified in § 60.562– styrene process line using a continuous 1(a)(1)(i) (A), (B), or (C) is required at process shall: that time for both the controlled and (1) Limit the continuous TOC emis- uncontrolled vent streams. If the an- sions from the material recovery sec- nual emissions are less than the CTE tion by complying with one of the fol- level, compliance with these standards lowing: is again not required at such time. (i) Not allow continuous TOC emis- However, if the control device is again sions to be greater than 0.0036 kg TOC/ replaced, reconstructed, or modified, Mg (0.0072 lb TOC/ton) product; or each owner or operator shall repeat (ii) Not allow the outlet gas stream this determination procedure. temperature from each final condenser (2) Intermittent emissions. The owner in the material recovery section to ex- or operator shall control each vent ceed ¥25 °C (¥13 °F). For purposes of stream that emits intermittent emis- this standard, temperature excursions sions from an affected facility as de- above this limit shall not be considered fined in § 60.560–1(a)(1) by meeting one a violation when such excursions occur of the control requirements specified in during periods of startup, shutdown, or paragraphs (a)(2) (i) and (ii) of this sec- malfunction; or tion. If a vent stream that emits inter- (iii) Comply with § 60.562–1(a)(1)(i) mittent emissions is controlled in an (A), (B), or (C). existing flare, incinerator, boiler, or (2) If continuous TOC emissions from process heater, the requirements of the material recovery section are rout- this paragraph are waived until such ed through an existing emergency time the control device is recon- vapor recovery system, then compli- structed or replaced or is modified in ance with these standards is required its operating conditions as a result of when the emergency vapor recovery

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system undergoes modification, recon- (B) If steam-jet ejectors are used as struction, or replacement. In such in- vacuum producers and a low viscosity stances, compliance with these stand- product is being produced using single ards shall be achieved no later than 180 or multiple end finishers or a high vis- days after completion of the modifica- cosity product is being produced using tion, reconstruction, or replacement. a single end finisher, maintain the con- (c) Poly(ethylene terephthalate). Each centration of ethylene glycol in the owner or operator of a poly(ethylene liquid effluent exiting the vacuum sys- terephthalate) process line containing tem servicing the polymerization reac- process sections subject to the provi- tion section at or below 0.35 percent by sions of this subpart shall comply with weight, averaged on a daily basis over the provisions in this section on and a rolling 14-day period of operating after the date on which the initial per- days; or formance test required by § 60.8 is com- (C) If steam-jet ejectors are used as pleted, but not later than 60 days after vacuum producers and a high viscosity achieving the maximum production rate at which the affected facility will product is being produced using mul- be operated, or 180 days after initial tiple end finishers, maintain an ethyl- startup, whichever comes first. ene glycol concentration in the cooling (1) Each owner or operator of a PET tower at or below 6.0 percent by process line using a dimethyl weight, averaged on a daily basis over terephthalate process shall: a rolling 14-day period of operating (i) Limit the continuous TOC emis- days. sions from the material recovery sec- (2) Each owner or operator of a PET tion (i.e., methanol recovery) by com- process line using a terephthalic acid plying with one of the following: process shall: (A) Not allow the continuous TOC (i) Not allow the continuous TOC emissions to be greater than 0.018 kg emissions from the esterification ves- TOC/Mg (0.036 lb TOC/ton) product; or sels in the raw materials preparation (B) Not allow the outlet gas stream section to be greater than 0.04 kg TOC/ temperature from each final condenser Mg (0.08 lb TOC/ton) product. in the material recovery section (i.e., (ii) Limit the continuous TOC emis- methanol recovery) to exceed +3 °C (+37 sions and, if steam-jet ejectors are used °F). For purposes of this standard, tem- to provide vaccum to the polymeriza- perature excursions above this limit tion reactors, the ethylene glycol con- shall not be considered a violation centration from the polymerization re- when such excursions occur during pe- action section by complying with the riods of startup, shutdown, or malfunc- appropriate standard set forth below. tion. The ethylene glycol concentration lim- (ii) Limit the continuous TOC emis- its specified in paragraphs (c)(2)(ii) (B) sions and, if steam-jet ejectors are used and (C) of this section shall be deter- to provide vacuum to the polymeriza- mined by the procedures specified in tion reactors, the ethylene glycol con- § 60.564(j). centration from the polymerization reaction section by complying with the (A) Not allow continuous TOC emis- appropriate standard set forth below. sions from the polymerization reaction The ethylene glycol concentration lim- section (including emissions from any its specified in paragraphs (c)(1)(ii) (B) equipment used to further recover the and (C) of this section shall be deter- ethylene glycol, but excluding those mined by the procedures specified in emissions from the cooling tower) to be § 60.564(j). greater than 0.02 kg TOC/Mg (0.04 lb (A) Not allow continuous TOC emis- TOC/ton) product; and sions from the polymerization reaction (B) If steam-jet ejectors are used as section (including emissions from any vacuum producers and a low viscosity equipment used to further recover the product is being produced using single ethylene glycol, but excluding those or multiple end finishers or a high vis- emissions from the cooling tower) to be cosity product is being produced using greater than 0.02 kg TOC/Mg (0.04 lb a single end finisher, maintain the con- TOC/ton) product; and centration of ethylene glycol in the

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liquid effluent exiting the vacuum sys- (c) An owner or operator may apply tem servicing the polymerization reac- to the Administrator for a determination section at or below 0.35 percent by tion of equivalency for any means of weight, averaged on a daily basis over emission limitation that achieves a re- a rolling 14-day period of operating duction in emissions of VOC at least days; or equivalent to the reduction in emis- (C) If steam-jet ejectors are used as sions of VOC achieved by the controls vacuum producers and a high viscosity required in this subpart. In doing so, product is being produced using mul- the owner or operator shall comply tiple end finishers, maintain an ethyl- with requirements specified in § 60.484. ene glycol concentration in the cooling (d) Each owner or operator subject to tower at or below 6.0 percent by the provisions of this subpart shall weight, averaged on a daily basis over comply with the provisions specified in a rolling 14-day period of operating § 60.485 except an owner or operator days. may use the following provision in ad- (d) Closed vent systems and control dition to § 60.485(e): Equipment is in devices used to comply with this sub- light liquid service if the percent evap- part shall be operated at all times orated is greater than 10 percent at 150 when emissions may be vented to °C (302 °F) as determined by ASTM them. Method D86–78, 82, 90, 95, or 96 (incor- (e) Vent systems that contain valves porated by reference as specified in that could divert a vent stream from a § 60.17). control device shall have car-sealed (e) Each owner or operator subject to opened all valves in the vent system the provisions of this subpart shall from the emission source to the control comply with §§ 60.486 and 60.487. device and car-sealed closed all valves [55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. in vent system that would lead the 22, 1991, as amended at 65 FR 61767, Oct. 17, vent stream to the atmosphere, either 2000] directly or indirectly, bypassing the control device. § 60.563 Monitoring requirements. [55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, (a) Whenever a particular item of 1991, as amended at 56 FR 12299, Mar. 22, 1991; monitoring equipment is specified in 65 FR 61767, Oct. 17, 2000] this section to be installed, the owner or operator shall install, calibrate, § 60.562–2 Standards: Equipment leaks maintain, and operate according to of VOC. manufacturer’s specifications that (a) Each owner or operator of an af- item as follows: fected facility subject to the provisions (1) A temperature monitoring device of this subpart shall comply with the to measure and record continuously requirements specified in §§ 60.482–1 the operating temperature to within 1 through 60.482–10 as soon as prac- percent (relative to degrees Celsius) or ticable, but no later than 180 days after ±0.5 °C (±0.9 °F), whichever is greater. initial startup, except that indications (2) A flame monitoring device, such of liquids dripping from bleed ports in as a thermocouple, an ultraviolet sen- existing pumps in light liquid service sor, an infrared beam sensor, or similar are not considered to be a leak as de- device to indicate and record continu- fined in § 60.482–2(b)(2). For purposes of ously whether a flare or pilot light this standard, a ‘‘bleed port’’ is a tech- flame is present, as specified. nologically-required feature of the (3) A flow monitoring indicator to in- pump whereby polymer fluid used to dicate and record whether or not flow provide lubrication and/or cooling of exists at least once every fifteen min- the pump shaft exits the pump, thereby utes. resulting in a visible leak of fluid. This (4) An organic monitoring device exemption expires when the existing (based on a detection principle such as pump is replaced or reconstructed. infrared, photoionization, or thermal (b) An owner or operator may elect conductivity) to indicate and record to comply with the requirements speci- continuously the concentration level of fied in §§ 60.483–1 and 60.483–2. organic compounds.

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(5) A specific gravity monitoring de- (i) A temperature monitoring device vice to measure and record continu- shall be installed at the condenser exit ously to within 0.02 specific gravity (product side), or unit. (ii) An organic monitoring device (b) The owner or operator shall in- shall be installed at the outlet of the stall, as applicable, the monitoring condenser. equipment for the control means used (6) If a carbon adsorber is the final to comply with § 60.562–1, except unit in a system, an organic moni- § 60.562–1(a)(1)(i)(D), as follows: toring device shall be installed at the (1) If the control equipment is an in- outlet of the carbon bed. cinerator: (c) Owners or operators of control de- (i) For a noncatalytic incinerator, a vices used to comply with the provi- temperature monitoring device shall be sions of this subpart, except § 60.562– installed in the firebox. 1(a)(1)(i)(D), shall monitor these con- (ii) For a catalytic incinerator, tem- trol devices to ensure that they are op- perature monitoring devices shall be erated and maintained in conformance installed in the gas stream imme- with their designs. diately before and after the catalytic (d) Owners or operators using a vent bed. system that contains valves that could (2) If a flare is used: divert a vent stream from a control de- (i) A flame monitoring device shall vice used to comply with the provisions be installed to indicate the presence of of this subpart shall do one or a com- a flare flame or a flame for each pilot bination of the following: light, if the flare is used to comply (1) Install a flow indicator imme- with § 60.562–1(a)(1), including those diately downstream of each valve that flares controlling both continuous and if opened would allow a vent stream to intermittent emissions. bypass the control device and be emit- (ii) A thermocouple or equivalent ted, either directly or indirectly, to the monitoring device to indicate the pres- atmosphere. The flow indicator shall be ence of a flame at each pilot light, if capable of recording flow at least once used to comply with § 60.562–1(a)(2). every fifteen minutes. (3) If a boiler or process heater is (2) Monitor the valves once a month, used: checking the position of the valves and (i) If the boiler or process heater has the condition of the car seal, and iden- a heat input design capacity of less tify all times when the car seals have than 150 million Btu/hr, a temperature been broken and the valve position has monitoring device shall be installed be- been changed (i.e., from opened to tween the radiant section and the con- closed for valves in the vent piping to vection zone for watertube boilers and the control device and from closed to between the furnace (combustion zone) open for valves that allow the stream and the firetubes for firetube boilers. to be vented directly or indirectly to (ii) If the boiler or process heater has the atmosphere). a heat input design capacity of 150 mil- (e) An owner or operator complying lion Btu/hr or greater, such records to with the standards specified under indicate the periods of operation of the § 60.562–1, except § 60.562–1(a)(1)(i)(D), boiler or process heater shall be main- with control devices other than an in- tained. The records must be readily cinerator, boiler, process heater, flare, available for inspection. absorber, condenser, or carbon adsorber (4) If an absorber is the final unit in or by any other means shall provide to a system: the Administrator information describ- (i) A temperature monitoring device ing the operation of the control device and a specific gravity monitoring de- and the process parameter(s) which vice for the scrubber liquid shall be in- would indicate proper operation and stalled, or maintenance of the device. The Admin- (ii) An organic monitoring device istrator may request further informa- shall be installed at the outlet of the tion and will specify appropriate moni- absorber. toring procedures or requirements. (5) If a condenser is the final unit in [55 FR 51035, Dec. 11, 1990; 56 FR 12299, Mar. a system: 22, 1991]

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§ 60.564 Test methods and procedures. run using the temperature monitoring (a) In conducting the performance equipment described in § 60.563(a)(1). An tests required in § 60.8, the owner or op- average temperature shall be deter- erator shall use as reference methods mined from measurements taken at and procedures the test methods in ap- least every 15 minutes during each per- pendix A of this part or other methods formance test run while the vent and procedures specified in this sec- stream is normally routed and con- tion, except as provided under § 60.8(b). stituted. The average of the three runs Owners or operators complying with shall be the base value for the moni- § 60.562–1(a)(1)(i)(D) need not perform a toring program. performance test on the control device, (b) The owner or operator shall deter- provided the control device is not used mine compliance with the emission to comply with any other requirement concentration standard in § 60.562–1 of § 60.562–1(a). (a)(1)(i)(A) or (b)(1)(iii) if applicable [if (1) Whenever changes are made in not, see paragraph (c) of this section] production capacity, feedstock type or as follows: catalyst type, or whenever there is re- (1) The TOC concentration is the sum placement, removal, or addition of a of the individual components and shall control device, each owner or operator be computed for each run using the fol- shall conduct a performance test ac- lowing equation: cording to the procedures in this sec- n tion as appropriate, in order to deter- = mine compliance with § 60.562–1. CCTOC∑ j (2) Where a boiler or process heater j=1 with a design heat input capacity of 150 where: million Btu/hour or greater is used, the CTOC = Concentration of TOC (minus meth- requirement for an initial performance ane and ethane), dry basis, ppmv. test is waived, in accordance with Cj = the concentration of sample component § 60.8(b). However, the Administrator j, ppm. reserves the option to require testing n = Number of components in the sample. at such other times as may be required, (i) Method 18 shall be used to deter- as provided for in § 114 of the Act. mine the concentration of each indi- (3) The owner or operator shall deter- vidual organic component (Cj) in the mine the average organic concentra- gas stream. Method 1 or 1A, as appro- tion for each performance test run priate, shall be used to determine the using the equipment described in sampling site at the outlet of the con- § 60.563(a)(4). The average organic control device. Method 4 shall be used to centration shall be determined from determine the moisture content, if nec- measurements taken at least every 15 essary. minutes during each performance test (ii) The sampling time for each run run. The average of the three runs shall be 1 hour in which either an inte- shall be the base value for the moni- grated sample or four grab samples toring program. shall be taken. If grab sampling is (4) When an absorber is the final unit used, then the samples shall be taken in the system, the owner or operator at 15 minute intervals. shall determine the average specific (2) If supplemental combustion air is gravity for each performance test run used, the TOC concentration shall be using specific gravity monitoring corrected to 3 percent oxygen and shall equipment described in § 60.563(a)(5). An be computed using the following equa- average specific gravity shall be deter- tion: mined from measurements taken at least every 15 minutes during each per- ⎛ ⎞ formance test run. The average of the 17. 9 CC=×⎜ ⎟ three runs shall be the base value for CORR MEAS − the monitoring program. ⎝ 20.% 9 O2d ⎠ (5) When a condenser is the final unit where: in the system, the owner or operator CCORR = Concentration of TOC corrected to 3 shall determine the average outlet percent oxygen, dry basis, ppm by vol- temperature for each performance test ume.

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¥8 CMEAS = Concentration of TOC (minus meth- K1 = 4.157 × 10 [(kg)/g-mole)] / ane and ethane), dry basis, ppm by vol- [(g)(ppm)(dscm)] {5.711 × 10¥15 [(lb)/(lb- ume, as calculated in paragraph (b)(1) of mole)] / (lb)(ppm)(dscf)]} this section. (i) Method 18 shall be used to deter- %O2d = Concentration of O2, dry basis, percent by volume. mine the concentration of each individual organic component (Cij, Coj) in The emission rate correction factor, in- the gas stream. Method 1 or 1A, as ap- tegrated sampling and analysis proce- propriate, shall be used to determine dure of Method 3 shall be used to deter- the inlet and outlet sampling sites. The mine the oxygen concentration (%O2d). inlet site shall be before the inlet of The sampling site shall be the same as the control device and after all product that of the TOC sample and the sam- recovery units. ples shall be taken during the same (ii) Method 2, 2A, 2C, or 2D, as appro- time that the TOC samples are taken. priate, shall be used to determine the (c) If paragraph (b) of this section is volumetric flow rates (Qi, Qo). If nec- not applicable, then the owner or oper- essary, Method 4 shall be used to deter- ator shall determine compliance with mine the moisture content. Both deter- the percent emission reduction stand- minations shall be compatible with the ard in § 60.562–1 (a)(1)(i)(A) or (b)(1)(iii) Method 18 determinations. as follows: (iii) Inlet and outlet samples shall be (1) The emission reduction of TOC taken simultaneously. The sampling time for each run shall be 1 hour in (minus methane and ethane) shall be which either an integrated sample or determined using the following equa- four grab samples shall be taken. If tion: grab sampling is used, then the sam- EE− ples shall be taken at 15 minute inter- P = inlet outlet ×100 vals. E (d) An owner or operator shall deter- inlet mine compliance with the individual where: stream exemptions in § 60.560(g) and the P = Percent emission reduction, by weight. procedures specified in table 3 for com- Einlet = Mass rate of TOC entering the control pliance with § 60.562–1(a)(1) as identified device, kg TOC/hr (lb TOC/hr). in paragraphs (d)(1) and (2) of this sec- Eoutlet = Mass rate of TOC, discharged to the tion. An owner or operator using the atmosphere, kg TOC/hr (lb TOC/hr). procedures specified in § 60.562–1(a)(1)

(2) The mass rates of TOC (Ei, Eo) for determining which continuous proc- shall be computed using the following ess emissions are to be controlled may equations: use calculations demonstrated to be sufficiently accurate as to preclude the ⎛ n ⎞ necessity of actual testing for purposes = ⎜ ⎟ of calculating the uncontrolled annual EKi l⎜∑ CMQ ij ij⎟ i emissions and weight percent of TOC. ⎝ j=1 ⎠ Owners or operators seeking to exempt streams under § 60.560(g) must use the ⎛ n ⎞ appropriate test procedures specified in = ⎜ ⎟ this section. EKo l⎜∑ CMQ oj oj⎟ o (1) The uncontrolled annual emis- ⎝ j=1 ⎠ sions of the individual vent stream where: shall be determined using the following equation: Cij,Coj = Concentration of sample component ‘‘j’’ of the gas stream at the inlet and outlet of the control device, respectively, ⎛ n ⎞ dry basis, ppmv. = × EKCMQunc2 ⎜∑ j j⎟ 8, 600 Mij,Moj = Molecular weight of sample compo- ⎝ j=1 ⎠ nent ‘‘j’’ of the gas stream at the inlet and outlet of the control device respec- Where:

tively, g/g-mole (lb/lb-mole). Eunc = uncontrolled annual emissions, Mg/yr Qi,Qo = Flow rate of the gas stream at the (ton/yr) inlet and outlet of the control device, re- Cj = concentration of sample component j of spectively, dscm/hr (dscf/hr). the gas stream, dry basis, ppmv

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Mj = molecular weight of sample component product recovery units. If necessary, j of the gas stream, g/g-mole (lb/lb-mole) Method 4 shall be used to determine Q = flow rate of the gas stream, dscm/hr the moisture content. This determina- (dscf/hr) tion shall be compatible with the ¥11 K2 = 4.157 × 10 [(Mg)(g-mole)]/ [(g)(ppm)(dscm)] (metric units) Method 18 determinations. = 1.298 × 10¥12 [(ton)(lb-mole)]/ (ii) The average molecular weight of [(lb)(ppm)(dscf)] (English units) the gas stream shall be determined 8,600 = operating hours per year using methods approved by the Admin- istrator. If the carrier component of (i) Method 18 shall be used to deter- the gas stream is nitrogen, then an av- mine the concentration of each indi- erage molecular weight of 28 g/g-mole vidual organic component (Cj) in the (lb/lb-mole) may be used in lieu of test- gas stream. Method 1 or 1A, as appro- ing. If the carrier component of the gas priate, shall be used to determine the stream is air, then an average molec- sampling site. If the gas stream is con- ular weight of 29 g/g-mole (lb/lb-mole) trolled in an existing control device, may be used in lieu of testing. the sampling site shall be before the (iii) The sampling time for each run inlet of the control device and after all shall be 1 hour in which either an inte- product recovery units. grated sample or four grab samples (ii) Method 2, 2A, 2C, or 2D, as appro- shall be taken. If grab sampling is priate, shall be used to determine the used, then the samples shall be taken volumetric flow rate (Q). If necessary, at 15 minute intervals. Method 4 shall be used to determine (e) The owner or operator shall deter- the moisture content. Both determina- mine compliance of flares with the tions shall be compatible with the visible emission and flare provisions in Method 18 determinations. § 60.562–1 as follows: (iii) The sampling time for each run (1) Method 22 shall be used to deter- shall be 1 hour in which either an inte- mine visible emissions. The observa- grated sample or four grab samples tion period for each run shall be 2 shall be taken. If grab sampling is hours. used, then the samples shall be taken (2) The monitoring device of at 15 minute intervals. § 60.563(b)(2) shall be used to determine (2) The weight percent VOC of the un- whether a flame is present. controlled individual vent stream shall (f) The owner or operator shall deter- be determined using the following mine compliance with the net heating equation: value provisions in § 60.18 as referenced by § 60.562–1(a)(1)(i)(C). The net heating n value of the process vent stream being ∑CMjj combusted in a flare shall be computed = as follows: weight% TOC = j 1 ×100 × 6 MWgas 10 ⎛ n ⎞ where: HK= ⎜∑ CJ⎟ Tjj3⎝ ⎠ Cj = concentration of sample TOC component j=1 ‘‘j’’ of the gas stream, dry basis, ppmv. Where: Mj = Molecular weight of sample TOC component ‘‘j’’ of the gas stream, g/g-mole (1b/ HT = Vent stream net heating value, MJ/scm 1b-mole). (Btu/scf), where the net enthalpy per mole of offgas is based on combustion at MWgas = Average molecular weight of the entire gas stream, g/g-mole (1b/1b-mole). 25 °C and 760 mm Hg (68 °F and 30 in. Hg), but the standard temperature for deter- (i) Method 18 shall be used to determining the volume corresponding to one mine the concentration of each indi- mole is 20 °C (68 °F). × ¥7 vidual organic component (Cj) in the K3 = 1.74 10 (1/ppm)(g-mole/scm)(MJ/kcal) gas stream. Method 1 or 1A, as appro- (metric units), where standard tempera- ° priate, shall be used to determine the ture for (g-mole/scm) is 20 C. = 4.67 × 10¥6 (1/ppm)(lb-mole/scf)(Btu/kcal) sampling site. If the gas stream is con- (English units) where standard tempera- trolled in an existing control device, ture for (lb/mole/scf) is 68 °F. the sampling site shall be before the Cj = Concentration on a wet basis of com- inlet of the control device and after all pound j in ppm.

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Hj = Net heat of combustion of compound j, =+ kcal/(g-mole) (kcal/(lb-mole)), based on VKKHmax 67T combustion at 25 °C and 760 mm Hg (77 °F Where: and 30 in. Hg). Vmax = Maximum permitted velocity, m/sec (1) Method 18 shall be used to deter- (ft/sec). mine the concentration of each indi- K6 = 8.706 m/sec (metric units) = 28.56 ft/sec (English units) vidual organic component (Cj) in the K7 = 0.7084 [(m/sec)/MJ/scm)] (metric units) gas stream. Method 1 or 1A, as appro- = 0.00245 [(ft/sec)/Btu/scf)] (English units) priate, shall be used to determine the HT = The net heating value as determined in sampling site to the inlet of the flare. paragraph (f) of this section, MJ/scm Using this same sample, ASTM D1946– (Btu/scf). 77 or 90 (Reapproved 1994) (incorporated (4) The actual exit velocity of a flare by reference—see § 60.17) shall be used shall be determined by dividing the to determine the hydrogen and carbon volumetric flow rate (in units of stand- monoxide content. ard temperature and pressure), as de- (2) The sampling time for each run termined by Method 2, 2A, 2C, or 2D as shall be 1 hour in which either an inte- appropriate, by the unobstructed (free) grated sample or four grab samples cross sectional area of the flare tip. shall be taken. If grab sampling is (h) The owner or operator shall deter- used, then the samples shall be taken mine compliance with the mass emis- at 15 minute intervals. sion per mass product standards in (3) Published or calculated values §§ 60.560(d) and (e) and in §§ 60.562– shall be used for the net heats of com- 1(b)(1)(i), (c)(1)(i)(A), (c)(1)(ii)(A), bustion of the sample components. If (c)(2)(i), and (c)(2)(ii)(A). values are not published or cannot be (1) The emission rate of TOC shall be calculated, ASTM D2382–76 or 88 or computed using the following equation: D4809–95 (incorporated by reference— see § 60.17) may be used to determine = ETOC the net heat of combustion of compo- ERTOC K5 nent ‘‘j.’’ Pp (g) The owner or operator shall deter- Where:

mine compliance with the exit velocity ERTOC = Emission rate of total organic com- provisions in § 60.18 as referenced by pounds (minus methane and ethane), kg § 60.562–1(a)(1)(i)(C) as follows: TOC/Mg (lb TOC/ton) product ETOC = Emission rate of total organic com- (1) If applicable, the net heating pounds (minus methane and ethane) in value (HT) of the process vent shall be the sample, kg/hr (lb/hr) determined according to the proce- Pp = The rate of polymer production, kg/hr dures in paragraph (f) of this section to (lb/hr) determine the applicable velocity re- K5 = 1,000 kg/Mg (metric units) quirements. = 2,000 lb/ton (English units)

(2) If applicable, the maximum per- (2) The mass rate of TOC, ETOC, shall mitted velocity (Vmax) for steam-as- be determined according to the proce- sisted and nonassisted flares shall be dures, as appropriate, in paragraph computed using the following equation: (c)(2) of this section. The sampling site for determining compliance with =+ Log10() Vmax () HT K 4 / K5 §§ 60.560 (d) and (e) shall be before any add-on control devices and after all Where: product recovery devices. Otherwise, Vmax = Maximum permitted velocity, m/sec the sampling site shall be at the outlet (ft/sec) of the control device. K4 = 28.8 (metric units), 1212 (English units) (3) The rate of polymer production, K5 = 31.7 (metric units), 850.8 (English units) Pp, shall be determined by dividing the HT = The net heating value as determined in weight of polymer pulled (in kg (lb)) paragraph (f) of this section, MJ/scm from the process line during the per- (Btu/scf). formance test by the number of hours (3) The maximum permitted velocity, taken to perform the performance test. Vmax, for air-assisted flares shall be de- The weight of polymer pulled shall be termined by the following equation: determined by direct measurement or,

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subject to prior approval by the Ad- preceding the reduced sampling pro- ministrator, computed from materials gram are each less than 0.10 weight balance by good engineering practice. percent ethylene glycol. If the average (i) The owner or operator shall deter- concentration obtained over the 14 day mine continuous compliance with the sampling during the reduced testing temperature requirements in §§ 60.562– period exceeds the upper 95 percent 1(b)(1)(ii) and 60.562–1(c)(1)(i)(B) by confidence interval calculated from the using the temperature monitoring most recent test results in which no equipment described in § 60.563(a)(1). An one 14-day average exceeded 0.10 weight average temperature shall be deter- percent ethylene glycol, then the mined from measurements taken at owner or operator shall reinstitute a least every 15 minutes every three daily sampling program. A reduced hours while the vent stream is nor- sampling program can be reinstituted mally routed and constituted. Each if the requirements specified in this three-hour period constitutes a per- paragraph are met. formance test. (iii) For those determining compli- (j) For purposes of determining com- ance with § 60.562–1(c)(1)(ii)(C) or pliance with § 60.562–1(c) (1)(ii)(B), (c)(2)(ii)(C), the owner or operator may (1)(ii)(C), (2)(ii)(B), or (2)(ii)(C), the elect to reduce the sampling program ethylene glycol concentration in either to any 14 consecutive day period once the cooling tower or the liquid effluent every two calendar months, if at least from steam-jet ejectors used to seventeen consecutive 14-day rolling produce a vacuum in the polymeriza- average concentrations immediately tion reactors, whichever is applicable, preceding the reduced sampling pro- shall be determined: gram are each less than 1.8 weight per- (1) Using procedures that conform to cent ethylene glycol. If the average the methods described in ASTM D2908– concentration obtained over the 14 day 74 or 91, ‘‘Standard Practice for Meas- sampling during the reduced test pe- uring Volatile Organic Matter in Water riod exceeds the upper 95 percent con- by Aqueous-Injection Gas Chroma- fidence interval calculated from the tography’’ (incorporated by reference— most recent test results in which no see § 60.17), except as provided in para- one 14-day average exceeded 1.8 weight graph (j)(2) of this section: percent ethylene glycol, then the (i) At least one sample per operating owner or operator shall reinstitute a day shall be collected using the grab daily sampling program. A reduced pro- sampling procedures of ASTM D3370–76 gram can be reinstituted if the require- or 96a, ‘‘Standard Practices for Sam- ments specified in this paragraph are pling Water’’ (incorporated by ref- met. (iv) The upper 95 percent confidence erence—see § 60.17). An average ethyl- interval shall be calculated using the ene glycol concentration by weight equation: shall be calculated on a daily basis over a rolling 14-day period of oper- 2 ating days, except as provided in para- n n ⎛ n ⎞ graphs (j)(1) (ii) and (iii) of this section. 2 − ∑ X nX∑ ii⎜∑ X⎟ Each daily average ethylene glycol i ⎝ ⎠ =+i=1 i=1 i=1 concentration so calculated constitutes CI95 2 a performance test. Exceedance of the n nn()−1 standard during the reduced testing Where: program specified in paragraphs (j)(1) Xi = daily ethylene glycol concentration for (ii) and (iii) of this section is a viola- each day used to calculate the 14-day tion of these standards. rolling average used in test results to (ii) For those determining compli- justify implementing the reduced testing ance with § 60.562–1(c) (1)(ii)(B) or program. (2)(ii)(B), the owner or operator may n = number of ethylene glycol concentra- elect to reduce the sampling program tions. to any 14 consecutive day period once (2) Measuring an alternative param- every two calendar months, if at least eter, such as carbon oxygen demand or seventeen consecutive 14-day rolling biological oxygen demand, that is dem- average concentrations immediately onstrated to be directly proportional to

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the ethylene glycol concentration. perature upstream and downstream of Such parameter shall be measured dur- the catalyst bed), measured at least ing the initial 14-day performance test every 15 minutes and averaged over the during which the facility is shown to performance test period, and be in compliance with the ethylene (ii) The percent reduction of TOC glycol concentration standard whereby (minus methane and ethane) achieved the ethylene glycol concentration is by the incinerator, the concentration determined using the procedures de- of TOC (minus methane and ethane) scribed in paragraph (j)(1) of this sec- (ppmv, by compound) at the outlet of tion. The alternative parameter shall the control device on a dry basis, or be measured on a daily basis and the the emission rate in terms of kg TOC average value of the alternative pa- (minus methane and ethane) per Mg (lb rameter shall be calculated on a daily TOC/ton) of product at the outlet of the basis over a rolling 14-day period of op- control device, whichever is appro- erating days. Each daily average value priate. If supplemental combustion air of the alternative parameter con- is used, the TOC concentration cor- stitutes a performance test. rected to 3 percent oxygen shall be recorded and reported. [55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, 1991, as amended at 56 FR 12299, Mar. 22, 1991; (2) When a boiler or process heater is 64 FR 11541, Mar. 9, 1999; 65 FR 61767, Oct. 17, used to demonstrate compliance with 2000] § 60.562–1, except § 60.562–1(a)(2): (i) A description of the location at § 60.565 Reporting and recordkeeping which the vent stream is introduced requirements. into the boiler or process heater, and (a) Each owner or operator subject to (ii) For boilers or process heaters the provisions of this subpart shall with a design heat input capacity of keep an up-to-date, readily-accessible less than 150 million Btu/hr, all 3-hour record of the following information periods of operation during which the measured during each performance average combustion temperature was test, and shall include the following in- more than 28 °C (50 °F) below the aver- formation in the report of the initial age combustion temperature during performance test in addition to the the most recent performance test at written results of such performance which compliance was determined. tests as required under § 60.8. Where a (3) When a flare is used to dem- control device is used to comply with onstrate compliance with § 60.562–1, ex- § 60.562–1(a)(1)(i)(D) only, a report con- cept § 60.562–1(a)(2): taining performance test data need not (i) All visible emission readings, heat be submitted, but a report containing content determinations, flow rate the information in § 60.565(a)(11) is re- measurements, and exit velocity deter- quired. Where a boiler or process heat- minations made during the perform- er with a design heat input capacity of ance test, 150 million Btu/hour or greater is used (ii) Continuous records of the pilot to comply with § 60.562–1(a), a report flame heat-sensing monitoring, and containing performance test data need (iii) Records of all periods of oper- not be submitted, but a report con- ations during which the pilot flame is taining the information in absent. § 60.565(a)(2)(i) is required. The same in- (4) When an incinerator, boiler, or formation specified in this section process heater is used to demonstrate shall be submitted in the reports of all compliance with § 60.562–1(a)(2), a de- subsequently required performance scription of the location at which the tests where either the emission control vent stream is introduced into the in- efficiency of a combustion device or cinerator, boiler, or process heater. the outlet concentration of TOC (minus (5) When a flare is used to dem- methane and ethane) is determined. onstrate compliance with § 60.562– (1) When an incinerator is used to 1(a)(2): demonstrate compliance with § 60.562–1, (i) All visible emission readings made except § 60.562–1(a)(2): during the performance test, (i) The average firebox temperature (ii) Continuous records of the pilot of the incinerator (or the average tem- flame heat-sensing monitoring, and

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(iii) Records of all periods of oper- nual emissions or the VOC weight per- ation during which the pilot flame is cent, as appropriate, if § 60.560(g) is ap- absent. plicable, should such operating vari- (6) When an absorber is the final unit able be changed. in a system to demonstrate compliance (11) When an owner or operator uses a with § 60.562–1, except § 60.562–1(a)(2), control device to comply with § 60.562– the specific gravity (or alternative pa- 1(a)(1)(i)(D) alone: all periods when the rameter that is a measure of the degree control device is not operating. of absorbing liquid saturation, if ap- (b)(1) Each owner or operator subject proved by the Administrator), and av- to the provisions of this subpart shall erage temperature, measured at least submit with the initial performance every 15 minutes and averaged over the test or, if complying with § 60.562– performance test period, of the absorb- 1(a)(1)(i)(D), as a separate report, an ing liquid (both measured while the engineering report describing in detail vent stream is normally routed and the vent system used to vent each af- constituted). fected vent stream to a control device. (7) When a condenser is the final unit This report shall include all valves and in a system to demonstrate compliance vent pipes that could vent the stream with § 60.562–1, except § 60.562–1(a)(2), to the atmosphere, thereby bypassing the average exit (product side) tem- the control device, and identify which perature, measured at least every 15 valves are car-sealed opened and which minutes and averaged over the per- valves are car-sealed closed. formance test period while the vent (2) If a vent system containing valves stream is normally routed and con- that could divert the emission stream stituted. away from the control device is used, (8) Daily measurement and daily av- each owner or operator subject to the erage 14–day rolling average of the provisions of this subpart shall keep ethylene glycol concentration in the for at least two years up-to-date, read- liquid effluent exiting the vacuum sys- ily accessible continuous records of: tem servicing the polymerization reac- (i) All periods when flow is indicated tion section, if an owner or operator is if flow indicators are installed under subject to § 60.562–1(c) (1)(ii)(B) or § 69.563(d)(1). (2)(ii)(B), or of the ethylene glycol con- (ii) All times when maintenance is centration in the cooling water in the performed on car-sealed valves, when cooling tower, if subject to § 60.562–1(c) the car seal is broken, and when the (2)(ii)(C) or (2)(iii)(C). valve position is changed (i.e., from (9) When a carbon adsorber is the open to closed for valves in the vent final unit in a system to demonstrate piping to the control device and from compliance with § 60.562–1, except closed to open for valves that vent the § 60.562–1(a)(2): the concentration level stream directly or indirectly to the at- or reading indicated by the organics mosphere bypassing the control de- monitoring device at the outlet of the vice). adsorber, measured at least every 15 (c) Where an incinerator is used to minutes and averaged over the per- comply with § 60.562–1, except formance test period while the vent §§ 60.562(a)(1)(i)(D) and (a)(2), each stream is normally routed and con- owner or operator subject to the provi- stituted. sions of this subpart shall keep for at (10) When an owner or operator seeks least 2 years up-to-date, readily acces- to comply with the requirements of sible continuous records of: this subpart by complying with the un- (1) The temperature measurements controlled threshold emission rate cut- specified under § 60.563(b)(1). off provision in §§ 60.560 (d) and (e) or (2) Records of periods of operation with the individual stream exemptions during which the parameter boundaries in § 60.560(g), each process operation established during the most recent per- variable (e.g., pressure, temperature, formance test are exceeded. Periods of type of catalyst) that may result in an operation during which the parameter increase in the uncontrolled emission boundaries established during the most rate, if § 60.560(d) or (e) is applicable, or recent performance test are exceeded in an increase in the uncontrolled an- are defined as follows:

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(i) For noncatalytic incinerators, all (e) Where a flare is used to comply 3–hour periods of operation during with § 60.562–1, except § 60.562– which the average combustion tem- 1(a)(1)(i)(D), each owner or operator perature was more than 28 °C (50 °F) subject to the provisions of this sub- below the average combustion tem- part shall keep for at least 2 years up- perature during the most recent per- to-date, readily accessible continuous formance test at which compliance was records of: demonstrated. (1) The flare or pilot light flame heat (ii) For catalytic incinerators, all 3- sensing monitoring specified under hour periods of operation during which § 60.563(b)(2), and the average temperature of the vent (2) All periods of operation in which stream immediately before the cata- the flare or pilot flame, as appropriate, lyst bed is more than 28 °C (50 °F) below is absent. the average temperature of the vent (f) Where an adsorber, condenser, ab- stream during the most recent per- sorber, or a control device other than a formance test at which compliance was flare, incinerator, boiler, or process demonstrated. The owner or operator heater is used to comply with § 60.562–1, also shall record all 3-hour periods of except § 60.562–1(a)(1)(i)(D), each owner operation during which the average or operator subject to the provisions of temperature difference across the cata- this subpart shall keep for at least 2 lyst bed is less than 80 percent of the years up-to-date, readily-accessible average temperature difference across continuous records of the periods of op- the catalyst bed during the most re- eration during which the parameter cent performance test at which compli- boundaries established during the most ance was demonstrated. recent performance test are exceeded. Where an owner or operator seeks to (d) Where a boiler or process heater is comply with § 60.562–1, periods of oper- used to comply with § 60.562–1, except ation during which the parameter §§ 60.562–1 (a)(1)(i)(D) and (a)(2), each boundaries established during the most owner or operator subject to the provi- recent performance tests are exceeded sions of this subpart shall keep for at are defined as follows: least 2 years up-to-date, readily acces- (1) Where an absorber is the final sible continuous records of: unit in a system: (1) Where a boiler or process heater (i) All 3-hour periods of operation with a heat input design capacity of 150 during which the average absorbing liq- million Btu/hr or greater is used, all uid temperature was more than 11 °C periods of operation of the boiler or (20 °F) above the average absorbing liq- process heater. (Examples of such uid temperature during the most re- records could include records of steam cent performance test at which compli- use, fuel use, or monitoring data col- ance was demonstrated, and lected pursuant to other State or Fed- (ii) All 3-hour periods of operation eral regulatory requirements), and during which the average absorbing liq- (2) Where a boiler or process heater uid specific gravity was more than 0.1 with a heat input design capacity of unit above, or more than 0.1 unit less than 150 million Btu/hr is used, all below, the average absorbing liquid periods of operation during which the specific gravity during the most recent parameter boundaries established dur- performance test at which compliance ing the most recent performance test was demonstrated (unless monitoring are exceeded. Periods of operation dur- of an alternative parameter that is a ing which the parameter boundaries es- measure of the degree of absorbing liq- tablished during the most recent per- uid saturation is approved by the Ad- formance test are exceeded are defined ministrator, in which case he or she as all 3-hour periods of operation dur- will define appropriate parameter ing which the average combustion tem- boundaries and periods of operation perature was more than 28 °C (50 °F) during which they are exceeded). below the average combustion tem- (2) Where a condenser is the final perature during the most recent per- unit in a system, all 3-hour periods of formance test at which compliance was operation during which the average demonstrated. condenser operating temperature was

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more than 6 °C (10 °F) above the aver- (k) Each owner or operator that age operating temperature during the seeks to comply with the requirements most recent performance test at which of this subpart by complying with the compliance was demonstrated. uncontrolled threshold emission rate (3) Where a carbon adsorber is the cutoff provision of §§ 60.560 (d) and (e), final unit in a system, all 3-hour peri- the individual stream exemptions of ods of operation during which the aver- § 60.560(g), or the requirements of age organic concentration level in the § 60.562–1 shall submit to the Adminis- carbon adsorber gases is more than 20 trator semiannual reports of the fol- percent greater than the exhaust gas lowing recorded information, as appli- concentration level or reading meas- cable. The initial report shall be sub- ured by the organics monitoring sys- mitted within 6 months after the ini- tem during the most recent perform- tial start-up date. ance test at which compliance was (1) Exceedances of monitored param- demonstrated. eters recorded under §§ 60.565 (c), (d)(2), (g) Each owner or operator of an af- and (f). fected facility subject to the provisions (2) All periods recorded under of this subpart and seeking to dem- § 60.565(b) when the vent stream has onstrate compliance with § 60.560(j) or been diverted from the control device. § 60.562–1 shall keep up-to-date, readily (3) All periods recorded under accessible records of: § 60.565(d) when the boiler or process (1) Any changes in production capac- heater was not operating. ity, feedstock type, or catalyst type, or (4) All periods recorded under of any replacement, removal or addi- § 60.565(e) in which the flare or pilot tion of product recovery equipment; flame was absent. and (5) All periods recorded under (2) The results of any performance § 60.565(a)(8) when the 14-day rolling av- test performed pursuant to the proce- erage exceeded the standard specified dures specified by § 60.564. in § 60.562–1(c) (1)(ii)(B), (1)(ii)(C), (h) Each owner or operator of an af- (2)(ii)(B), or (2)(ii)(C), as applicable. fected facility that seeks to comply (6) Any change in process operations with the requirements of this subpart that increases the uncontrolled emis- by complying with the uncontrolled sion rate of the process line in which threshold emission rate cutoff provi- the affected facility is located, as re- sion in §§ 60.560 (d) and (e) or with the corded in § 60.565(h). individual stream exemptions in (7) Any change in process operations § 60.560(g) shall keep for at least 2 years that increases the uncontrolled annual up-to-date, readily accessible records emissions or the VOC weight percent of of any change in process operation that the individual stream, as recorded in increases the uncontrolled emission § 60.565(h). rate of the process line in which the af- (l) Each owner or operator subject to fected facility is located, if § 60.560 (d) the provisions of this subpart shall no- or (e) is applicable, or that increases tify the Administrator of the specific the uncontrolled annual emissions or provisions of § 60.562, § 60.560(d), or the VOC weight percent of the indi- § 60.560(e), as applicable, with which the vidual stream, if § 60.560(g) is applica- owner or operator has elected to com- ble. ply. Notification shall be submitted (i) Each owner and operator subject with the notification of initial startup to the provisions of this subpart is ex- required by § 60.7(a)(3). If an owner or empt from § 60.7(c) of the General Pro- operator elects at a later date to use an visions. alternative provision of § 60.562 with (j) The Administrator will specify ap- which he or she will comply or becomes propriate reporting and recordkeeping subject to § 60.562 for the first time requirements where the owner or oper- (i.e., the owner or operator can no ator of an affected facility complies longer meet the requirements of this with the standards specified under subpart by complying with the uncon- § 60.562–1 other than as provided under trolled threshold emission rate cutoff § 60.565 (a) through (e). provision in § 60.560 (d) or (e)), then the

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owner or operator shall notify the Ad- the provisions of § 60.584(a) requiring ministrator 90 days before imple- monitoring of operations will not apply menting a change and, upon imple- until EPA has promulgated perform- menting a change, a performance test ance specifications under appendix B shall be performed as specified in for the continuous monitoring system. § 60.564. After the promulgation of performance (m) The requirements of this sub- specifications, these provisions will section remain in force until and un- apply to each affected facility under less EPA, in delegating enforcement paragraph (b) of this section. Facilities authority to a State under section controlled by a solvent recovery emis- 111(c) of the Act, approves alternative sion control device that become sub- reporting requirements or means of ject to the standard prior to promulga- compliance surveillance adopted by tion of performance specifications such State. In that event, affected must conduct performance tests in ac- sources within the State will be re- cordance with § 60.13(b) after perform- lieved of the obligation to comply with ance specifications are promulgated. this subsection, provided that they comply with the requirements estab- § 60.581 Definitions and symbols. lished by the State. (a) All terms used in this subpart, [55 FR 51035, Dec. 11, 1990; 56 FR 9178, Mar. 5, not defined below, are given the same 1991, as amended at 56 FR 12299, Mar. 22, 1991; meaning as in the Act or in subpart A 65 FR 61768, Oct. 17, 2000; 65 FR 78278, Dec. 14, of this part. 2000] Emission control device means any sol- § 60.566 Delegation of authority. vent recovery or solvent destruction device used to control volatile organic (a) In delegating implementation and compounds (VOC) emissions from flexi- enforcement authority to a State ble vinyl and urethane rotogravure under section 111(c) of the Act, the au- printing lines. thority contained in paragraph (b) of Emission control system means the this section shall be retained by the combination of an emission control de- Administrator and not transferred to a vice and a vapor capture system for the State. purpose of reducing VOC emissions (b) Authority which will not be dele- from flexible vinyl and urethane roto- gated to States: § 60.562–2(c). gravure printing lines. Flexible vinyl and urethane products Subpart EEE [Reserved] mean those products, except for resil- ient floor coverings (1977 Standard In- Subpart FFF—Standards of Per- dustry Code 3996) and flexible pack- formance for Flexible Vinyl aging, that are more than 50 microm- and Urethane Coating and eters (0.002 inches) thick, and that con- Printing sist of or contain a vinyl or urethane sheet or a vinyl or urethane coated web. SOURCE: 49 FR 26892, June 29, 1984, unless otherwise noted. Gravure cylinder means a plated cylinder with a printing image consisting § 60.580 Applicability and designation of minute cells or indentations, specifi- of affected facility. cally engraved or etched into the cyl- (a) The affected facility to which the inder’s surface to hold ink when con- provisions of this subpart apply is each tinuously revolved through a fountain rotogravure printing line used to print of ink. or coat flexible vinyl or urethane prod- Ink means any mixture of ink, coat- ucts. ing solids, organic solvents including (b) This subpart applies to any af- dilution solvent, and water that is ap- fected facility which begins construc- plied to the web of flexible vinyl or tion, modification, or reconstruction urethane on a rotogravure printing after January 18, 1983. line. (c) For facilities controlled by a sol- Ink solids means the solids content of vent recovery emission control device, an ink as determined by Method 24, ink

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manufacturer’s formulation data, or riod determined from plant records, in plant blending records. kilograms. Inventory system means a method of Qaj = the volumetric flow rate of each efflu- physically accounting for the quantity ent gas stream (j) exiting the emission control device, in standard cubic meters of ink, solvent, and solids used at one per hour. or more affected facilities during a Qbi = the volumetric flow rate of each efflu- time period. The system is based on ent gas stream (i) entering the emission plant purchase or inventory records. control device, in standard cubic meters Plant blending records means those per hour. records which document the weight Qfk = the volumetric flow rate of each efflu- fraction of organic solvents and solids ent gas stream (k) not directed to an used in the formulation or preparation emission control device, in standard of inks at the vinyl or urethane print- cubic meters per hour. Ethe VOC emission reduction efficiency (as a ing plant where they are used. fraction) of the emission control device Rotogravure print station means any during performance testing. device designed to print or coat inks on Fthe VOC emission capture efficiency (as a one side of a continuous web or sub- fraction) of the vapor capture system strate using the intaglio printing proc- during performance testing. ess with a gravure cylinder. Woi = the weight fraction of VOC in each ink Rotogravure printing line means any (i) used in the time period as determined number of rotogravure print stations from Method 24, manufacturer’s formulation data, or plant blending records, in and associated dryers capable of print- kilograms per kilogram. ing or coating simultaneously on the Wsi’’means the weight fraction of solids in same continuous vinyl or urethane web each ink (i) used in the time period as de- or substrate, which is fed from a con- termined from Method 24, manufactur- tinuous roll. er’s formulation data, or plant blending Vapor capture system means any de- records, in kilograms per kilogram. vice or combination of devices designed Woj = the weight fraction of VOC in each di- to contain, collect, and route organic lution solvent (j) added at the print line solvent vapors emitted from the flexi- in the time period determined from Method 24, manufacturer’s formulation ble vinyl or urethane rotogravure data, or plant blending records, in kilo- printing line. grams per kilogram. (b) All symbols used in this subpart not defined below are given the same [49 FR 26892, June 29, 1984; 49 FR 32848, Aug. meaning as in the Act or in subpart A 17, 1984, as amended at 65 FR 61768, Oct. 17, 2000] of this part. a = the gas stream vents exiting the emis- § 60.582 Standard for volatile organic sion control device. compounds. bthe gas stream vents entering the emission (a) On and after the date on which control device. the performance test required by § 60.8 fthe gas stream vents which are not directed to an emission control device. has been completed, each owner or operator subject to this subpart shall ei- Caj = the concentration of VOC in each gas stream (j) for the time period exiting the ther: emission control device, in parts per mil- (1) Use inks with a weighted average lion by volume. VOC content less than 1.0 kilogram Cbi = the concentration of VOC in each gas VOC per kilogram ink solids at each af- stream (i) for the time period entering fected facility, or the emission control device, in parts per (2) Reduce VOC emissions to the at- million by volume. mosphere by 85 percent from each af- Cfk = the concentration of VOC in each gas stream (k) for the time period which is fected facility. not directed to an emission control de- (b) [Reserved] vice, in parts per million by volume. Gthe weighted average mass of VOC per mass § 60.583 Test methods and procedures. of ink solids applied, in kilograms per (a) Methods in appendix A of this kilogram. part, except as provided under § 60.8(b), Mci = the total mass of each ink (i) applied in the time period as determined from plant shall be used to determine compliance records, in kilograms. with § 60.582(a) as follows: Mdj = the total mass of each dilution solvent (1) Method 24 for analysis of inks. If (j) added at the print line in the time pe- nonphotochemically reactive solvents

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are used in the inks, standard gas (b) To demonstrate compliance with chromatographic techniques may be § 60.582(a)(1), the owner or operator of used to identify and quantify these sol- an affected facility shall determine the vents. The results of Method 24 may be weighted average VOC content of the adjusted to subtract these solvents inks according to the following proce- from the measured VOC content. dures: (2) Method 25A for VOC concentra- (1) Determine and record the VOC tion (the calibration gas shall be pro- content and amount of each ink used pane); at the print head, including the VOC (3) Method 1 for sample and velocity content and amount of diluent solvent, traverses; for any time periods when VOC emis- (4) Method 2 for velocity and volumetric flow rates; sion control equipment is not used. (5) Method 3 for gas analysis; (2) Compute the weighted average (6) Method 4 for stack gas moisture. VOC content by the following equation:

(3) The weighted average VOC con- content, but must verify and record the tent of the inks shall be calculated VOC content of each ink (including any over a period that does not exceed one added dilution solvent) used as deter- calendar month, or four consecutive mined by Method 24, ink manufactur- weeks. A facility that uses an account- ers’ formulation data, or plant blending system based on quarters con- ing records. sisting of two 28 calendar day periods (c) To demonstrate compliance with and one 35 calendar day period may use § 60.582(a)(1), the owner or operator may an averaging period of 35 calendar days determine the weighted average VOC four times per year, provided the use of content using an inventory system. such an accounting system is documented in the initial performance test. (1) The inventory system shall accu- (4) Each determination of the weight- rately account to the nearest kilogram ed average VOC content shall con- for the VOC content of all inks and di- stitute a performance test for any pe- lution solvent used, recycled, and dis- riod when VOC emission control equip- carded for each affected facility during ment is not used. Results of the initial the averaging period. Separate records performance test must be reported to must be kept for each affected facility. the Administrator. Method 24 or ink (2) To determine VOC content of inks manufacturers’ formulation data along and dilution solvent used or recycled, with plant blending records (if plant Method 24 or ink manufacturers’ for- blending is done) may be used to deter- mulation data must be used in com- mine VOC content. The Administrator bination with plant blending records (if may require the use of Method 24 if plant blending is done) or inventory there is a question concerning the ac- records or purchase records for new curacy of the ink manufacturer’s data inks or dilution solvent. or plant blending records. (3) For inks to be discarded, only (5) If, during the time periods when Method 24 shall be used to determine emission control equipment is not used, all inks used contain less than 1.0 the VOC content. Inks to be discarded kilogram VOC per kilogram ink solids, may be combined prior to measure- the owner or operator is not required ment of volume or weight and testing to calculate the weighted average VOC by Method 24.

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(4) The Administrator may require this is to divide the room exhaust rate the use of Method 24 if there is a ques- by the volume of the room and then du- tion concerning the accuracy of the ink plicate that quotient or 20 air changes manufacturer’s data or plant records. per hour, whichever is smaller, in the (5) The Administrator shall approve temporary enclosure); or the inventory system of accounting for (iii) Shut down all other sources of VOC content prior to the initial per- VOC and continue to exhaust fugitive formance test. emissions from the affected facility (d) To demonstrate compliance with through any building ventilation sys- § 60.582(a)(2), the owner or operator of tem and other room exhausts such as an affected facility controlled by a sol- print line ovens and embossers. vent recovery emission control device (5) For each affected facility, compli- or an incineration control device shall ance with § 60.582(a)(2) has been dem- conduct a performance test to deter- onstrated if the average value of the mine overall VOC emission control effi- overall control efficiency (EF) for the ciency according to the following pro- three runs is equal to or greater than cedures: 85 percent. An overall control effi- (1) The performance test shall consist ciency is calculated for each run as fol- of three runs. Each test run must last lows: a minimum of 30 minutes and shall (i) For efficiency of the emission con- continue until the printing operation is trol device, interrupted or until 180 minutes of continuous operation occurs. During each n m − test run, the print line shall be print- ∑()QCbi bi∑() QC aj aj ing continuously and operating nor- = i=1 j=1 mally. The VOC emission reduction ef- E n ficiency achieved for each test run is ∑()QCbi bi averaged over the entire test run pe- = riod. i 1 (2) VOC concentration values at each (ii) For efficiency of the vapor cap- site shall be measured simultaneously. ture system, (3) The volumetric flow rate shall be determined from one Method 2 measurement for each test run conducted immediately prior to, during, or after that test run. Volumetric flow rates at each site do not need to be measured simultaneously. (4) In order to determine capture effi- [49 FR 26892, June 29, 1984; 49 FR 32848, Aug. ciency from an affected facility, all fu- 17, 1984, as amended at 65 FR 61768, Oct. 17, gitive VOC emissions from the affected 2000] facility shall be captured and vented through stacks suitable for measure- § 60.584 Monitoring of operations and ment. During a performance test, the recordkeeping requirements. owner or operator of an affected facil- (a) The owner or operator of an af- ity located in an area with other fected facility controlled by a solvent sources of VOC shall isolate the af- recovery emission control device shall fected facility from other sources of install, calibrate, operate, and main- VOC. These two requirements shall be tain a monitoring system which con- accomplished using one of the fol- tinuously measures and records the lowing methods: VOC concentration of the exhaust vent (i) Build a permanent enclosure stream from the control device and around the affected facility; shall comply with the following re- (ii) Build a temporary enclosure quirements: around the affected facility and dupli- (1) The continuous monitoring sys- cate, to an extent that is reasonably tem shall be installed in a location feasible, the ventilation conditions that is representative of the VOC con- that are in effect when the affected fa- centration in the exhaust vent, at least cility is not enclosed (one way to do two equivalent stack diameters from

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the exhaust point, and protected from (1) Each continuous monitoring de- interferences due to wind, weather, or vice shall be calibrated annually and other processes. have an accuracy of ±0.75 percent of the (2) During the performance test, the temperature being measured, expressed owner or operator shall determine and in degrees Celsius, or ±2.5 °C, whichever record the average exhaust vent VOC is greater. concentration in parts per million by (2) During the performance test, the volume. After the performance test, owner or operator shall determine and the owner or operator shall determine record the average gas temperature and, in addition to the record made by both upstream and downstream of the the continuous monitoring device, catalyst bed. After the performance record the average exhaust vent VOC test, the owner or operator shall deter- concentration for each 3-hour clock pe- mine and record, in addition to the riod of printing operation when the av- record made by the continuous moni- erage concentration is greater than 50 toring device, the average tempera- ppm and more than 20 percent greater tures for each 3-hour clock period of than the average concentration value printing operation when the average demonstrated during the most recent temperature of the gas stream before performance test. the catalyst bed is more than 28 °C (b) The owner or operator of an af- below the average temperature dem- fected facility controlled by a thermal onstrated during the most recent per- incineration emission control device formance test or the average tempera- shall install, calibrate, operate, and ture difference across the catalyst bed maintain a monitoring device that con- is less than 80 percent of the average tinuously measures and records the temperature difference of the device temperature of the control device ex- during the most recent performance haust gases and shall comply with the test. following requirements: (d) The owner or operator of an af- (1) The continuous monitoring device fected facility shall record time periods shall be calibrated annually and have of operation when an emission control device is not in use. an accuracy of ±0.75 percent of the temperature being measured, expressed in [49 FR 26892, June 29, 1984, as amended at 65 degrees Celsius, or ±2.5 °C, whichever is FR 61768, Oct. 17, 2000] greater. (2) During the performance test, the § 60.585 Reporting requirements. owner or operator shall determine and (a) For all affected facilities subject record the average temperature of the to compliance with § 60.582, the per- control device exhaust gases. After the formance test data and results from performance test, the owner or oper- the performance test shall be sub- ator shall determine and record, in ad- mitted to the Administrator as speci- dition to the record made by the con- fied in § 60.8(a). tinuous monitoring device, the average (b) The owner or operator of each af- temperature for each 3-hour clock pe- fected facility shall submit semiannual riod of printing operation when the av- reports to the Administrator of occur- erage temperature of the exhaust gases rences of the following: is more than 28 °C (50 °F) below the av- (1) Exceedances of the weighted aver- erage temperature demonstrated dur- age VOC content specified in ing the most recent performance test. § 60.582(a)(1); (c) The owner or operator of an af- (2) Exceedances of the average value fected facility controlled by a catalytic of the exhaust vent VOC concentration incineration emission control device as defined under § 60.584(a)(2); shall install, calibrate, operate, and (3) Drops in the incinerator tempera- maintain monitoring devices that con- ture as defined under § 60.584(b)(2); and tinuously measure and record the gas (4) Drops in the average temperature temperatures both upstream and down- of the gas stream immediately before stream of the catalyst bed and shall the catalyst bed or drops in the aver- comply with the following require- age temperature across the catalyst ments: bed as defined under § 60.584(c)(2).

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(c) The reports required under para- the definition of ‘‘process unit’’ in graph (b) shall be postmarked within 30 § 60.590 of this subpart until the EPA days following the end of the second takes final action to require compli- and fourth calendar quarters. ance and publishes a document in the (d) The requirements of this sub- FEDERAL REGISTER. While the defini- section remain in force until and un- tion of ‘‘process unit’’ is stayed, owners less the Agency, in delegating enforce- or operators should use the following ment authority to a State under sec- definition: tion 111(c) of the Act, approves report- Process unit means components as- ing requirements or an alternative sembled to produce intermediate or means of compliance surveillance final products from petroleum, unfin- adopted by such States. In that event, ished petroleum derivatives, or other affected sources within the State will intermediates; a process unit can oper- be relieved of the obligation to comply ate independently if supplied with suf- with this subsection, provided that ficient feed or raw materials and suffi- they comply with requirements estab- cient storage facilities for the product. lished by the State. [49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007; 73 FR 31376, June 2, Subpart GGG—Standards of Per- 2008] formance for Equipment Leaks of VOC in Petroleum § 60.591 Definitions. Refineries for which Construc- As used in this subpart, all terms not defined herein shall have the meaning tion, Reconstruction, or Modi- given them in the act, in subpart A of fication Commenced After part 60, or in subpart VV of part 60, and January 4, 1983, and on or the following terms shall have the spe- Before November 7, 2006 cific meanings given them. Alaskan North Slope means the ap- SOURCE: 49 FR 22606, May 30, 1984, unless proximately 69,000 square mile area ex- otherwise noted. tending from the Brooks Range to the Arctic Ocean. § 60.590 Applicability and designation Asphalt (also known as Bitumen) is a of affected facility. black or dark brown solid or semi-solid (a)(1) The provisions of this subpart thermo-plastic material possessing wa- apply to affected facilities in petro- terproofing and adhesive properties. It leum refineries. is a complex combination of higher mo- (2) A compressor is an affected facil- lecular weight organic compounds con- ity. taining a relatively high proportion of (3) The group of all the equipment hydrocarbons having carbon numbers (defined in § 60.591) within a process greater than C25 with a high carbon to unit is an affected facility. hydrogen ratio. It is essentially non- (b) Any affected facility under para- volatile at ambient temperatures with graph (a) of this section that com- closed cup flash point of 445 °F (230 °C) mences construction, reconstruction, or greater. or modification after January 4, 1983, Equipment means each valve, pump, and on or before November 7, 2006, is pressure relief device, sampling con- subject to the requirements of this sub- nection system, open-ended valve or part. line, and flange or other connector in (c) Addition or replacement of equip- VOC service. For the purposes of rec- ment (defined in § 60.591) for the pur- ordkeeping and reporting only, com- pose of process improvement which is pressors are considered equipment. accomplished without a capital expend- In hydrogen service means that a com- iture shall not by itself be considered a pressor contains a process fluid that modification under this subpart. meets the conditions specified in (d) Facilities subject to subpart VV, § 60.593(b). subpart VVa, or subpart KKK of this In light liquid service means that the part are excluded from this subpart. piece of equipment contains a liquid (e) Stay of standards. Owners or opera- that meets the conditions specified in tors are not required to comply with § 60.593(c).

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Petroleum means the crude oil re- equivalent to the reduction in emis- moved from the earth and the oils de- sions of VOC achieved by the controls rived from tar sands, shale, and coal. required in this subpart. In doing so, Petroleum refinery means any facility the owner or operator shall comply engaged in producing gasoline, ker- with requirements of § 60.484. osene, distillate fuel oils, residual fuel (d) Each owner or operator subject to oils, lubricants, or other products the provisions of this subpart shall through the distillation of petroleum, comply with the provisions of § 60.485 or through the redistillation, cracking, except as provided in § 60.593. or reforming of unfinished petroleum (e) Each owner or operator subject to derivatives. the provisions of this subpart shall Process unit means the components comply with the provisions of §§ 60.486 assembled and connected by pipes or and 60.487. ducts to process raw materials and to produce intermediate or final products [49 FR 22606, May 30, 1984, as amended at 72 from petroleum, unfinished petroleum FR 64896, Nov. 16, 2007] derivatives, or other intermediates. A process unit can operate independently § 60.593 Exceptions. if supplied with sufficient feed or raw (a) Each owner or operator subject to materials and sufficient storage facili- the provisions of this subpart may ties for the product. For the purpose of comply with the following exceptions this subpart, process unit includes any to the provisions of subpart VV. feed, intermediate and final product (b)(1) Compressors in hydrogen serv- storage vessels (except as specified in ice are exempt from the requirements § 60.482–1(g)), product transfer racks, of § 60.592 if an owner or operator dem- and connected ducts and piping. A onstrates that a compressor is in hy- process unit includes all equipment as drogen service. defined in this subpart. (2) Each compressor is presumed not [49 FR 22606, May 30, 1984, as amended at 72 to be in hydrogen service unless an FR 64895, Nov. 16, 2007] owner or operator demonstrates that the piece of equipment is in hydrogen EFFECTIVE DATE NOTE: At 73 FR 31376, June 2, 2008, § 60.591, the definition of ‘‘process service. For a piece of equipment to be unit’’ was stayed until further notice. considered in hydrogen service, it must be determined that the percent hydro- § 60.592 Standards. gen content can be reasonably expected (a) Each owner or operator subject to always to exceed 50 percent by volume. the provisions of this subpart shall For purposes of determining the per- comply with the requirements of cent hydrogen content in the process §§ 60.482–1 to 60.482–10 as soon as prac- fluid that is contained in or contacts a ticable, but no later than 180 days after compressor, procedures that conform initial startup. to the general method described in (b) For a given process unit, an owner ASTM E260–73, 91, or 96, E168–67, 77, or or operator may elect to comply with 92, or E169–63, 77, or 93 (incorporated by the requirements of paragraphs (b)(1), reference as specified in § 60.17) shall be (2), or (3) of this section as an alter- used. native to the requirements in § 60.482–7. (3)(i) An owner or operator may use (1) Comply with § 60.483–1. engineering judgment rather than pro- (2) Comply with § 60.483–2. cedures in paragraph (b)(2) of this sec- (3) Comply with the Phase III provi- tion to demonstrate that the percent sions in 40 CFR 63.168, except an owner content exceeds 50 percent by volume, or operator may elect to follow the provided the engineering judgment provisions in § 60.482–7(f) instead of 40 demonstrates that the content clearly CFR 63.168 for any valve that is des- exceeds 50 percent by volume. When an ignated as being leakless. owner or operator and the Adminis- (c) An owner or operator may apply trator do not agree on whether a piece to the Administrator for a determina- of equipment is in hydrogen service, tion of equivalency for any means of however, the procedures in paragraph emission limitation that achieves a re- (b)(2) shall be used to resolve the dis- duction in emissions of VOC at least agreement.

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(ii) If an owner or operator deter- (3) The group of all the equipment mines that a piece of equipment is in (defined in § 60.591a) within a process hydrogen service, the determination unit is an affected facility. can be revised only after following the (b) Any affected facility under para- procedures in paragraph (b)(2). graph (a) of this section that com- (c) Any existing reciprocating commences construction, reconstruction, pressor that becomes an affected facil- or modification after November 7, 2006, ity under provisions of § 60.14 or § 60.15 is subject to the requirements of this is exempt from § 60.482–3(a), (b), (c), (d), subpart. (e), and (h) provided the owner or oper- (c) Addition or replacement of equip- ator demonstrates that recasting the ment (defined in § 60.591a) for the purpose of process improvement which is distance piece or replacing the com- accomplished without a capital expend- pressor are the only options available iture shall not by itself be considered a to bring the compressor into compli- modification under this subpart. ance with the provisions of § 60.482–3(a), (d) Facilities subject to subpart VV, (b), (c), (d), (e), and (h). subpart VVa, subpart GGG, or subpart (d) An owner or operator may use the KKK of this part are excluded from this following provision in addition to subpart. § 60.485(e): Equipment is in light liquid (e) Stay of standards. Owners or opera- service if the percent evaporated is tors are not required to comply with greater than 10 percent at 150 °C as de- the definition of ‘‘process unit’’ in termined by ASTM Method D86–78, 82, § 60.590 of this subpart until the EPA 90, 95, or 96 (incorporated by reference takes final action to require compli- as specified in § 60.17). ance and publishes a document in the (e) Pumps in light liquid service and FEDERAL REGISTER. While the defini- valves in gas/vapor and light liquid tion of ‘‘process unit’’ is stayed, owners service within a process unit that is lo- or operators should use the following cated in the Alaskan North Slope are definition: exempt from the requirements of Process unit means components as- §§ 60.482–2 and 60.482–7. sembled to produce intermediate or (f) Open-ended valves or lines con- final products from petroleum, unfin- taining asphalt as defined in § 60.591 are ished petroleum derivatives, or other exempt from the requirements of intermediates; a process unit can oper- § 60.482–6(a) through (c). ate independently if supplied with sufficient feed or raw materials and suffi- [49 FR 22606, May 30, 1984, as amended at 65 cient storage facilities for the product. FR 61768, Oct. 17, 2000; 72 FR 64896, Nov. 16, 2007] [49 FR 22606, May 30, 1984, as amended at 73 FR 31376, June 2, 2008]

Subpart GGGa—Standards of Per- § 60.591a Definitions. formance for Equipment As used in this subpart, all terms not Leaks of VOC in Petroleum defined herein shall have the meaning Refineries for Which Construc- given them in the Clean Air Act, in tion, Reconstruction, or Modi- subpart A of part 60, or in subpart VVa fication Commenced After of this part, and the following terms November 7, 2006 shall have the specific meanings given them. Alaskan North Slope means the ap- SOURCE: 72 FR 64896, Nov. 16, 2007, unless proximately 69,000 square mile area ex- otherwise noted. tending from the Brooks Range to the Arctic Ocean. § 60.590a Applicability and designation Asphalt (also known as Bitumen) is a of affected facility. black or dark brown solid or semi-solid (a)(1) The provisions of this subpart thermo-plastic material possessing wa- apply to affected facilities in petro- terproofing and adhesive properties. It leum refineries. is a complex combination of higher mo- (2) A compressor is an affected facil- lecular weight organic compounds con- ity. taining a relatively high proportion of

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hydrocarbons having carbon numbers ticable, but no later than 180 days after greater than C25 with a high carbon to initial startup. hydrogen ratio. It is essentially non- (b) For a given process unit, an owner volatile at ambient temperatures with or operator may elect to comply with closed cup flash point of 445 °F (230 °C) the requirements of paragraphs (b)(1), or greater. (2), or (3) of this section as an alter- Equipment means each valve, pump, native to the requirements in § 60.482– pressure relief device, sampling con- 7a. nection system, open-ended valve or (1) Comply with § 60.483–1a. line, and flange or other connector in (2) Comply with § 60.483–2a. VOC service. For the purposes of rec- (3) Comply with the Phase III provi- ordkeeping and reporting only, com- sions in § 63.168, except an owner or op- pressors are considered equipment. erator may elect to follow the provi- In hydrogen service means that a com- sions in § 60.482–7a(f) instead of § 63.168 pressor contains a process fluid that for any valve that is designated as meets the conditions specified in being leakless. § 60.593a(b). (c) An owner or operator may apply In light liquid service means that the to the Administrator for a determina- piece of equipment contains a liquid tion of equivalency for any means of that meets the conditions specified in emission limitation that achieves a re- § 60.593a(c). duction in emissions of VOC at least Petroleum means the crude oil re- equivalent to the reduction in emis- moved from the earth and the oils de- sions of VOC achieved by the controls rived from tar sands, shale, and coal. required in this subpart. In doing so, the owner or operator shall comply Petroleum refinery means any facility with requirements of § 60.484a. engaged in producing gasoline, ker- (d) Each owner or operator subject to osene, distillate fuel oils, residual fuel the provisions of this subpart shall oils, lubricants, or other products comply with the provisions of § 60.485a through the distillation of petroleum, except as provided in § 60.593a. or through the redistillation, cracking, (e) Each owner or operator subject to or reforming of unfinished petroleum the provisions of this subpart shall derivatives. comply with the provisions of §§ 60.486a Process unit means the components and 60.487a. assembled and connected by pipes or ducts to process raw materials and to § 60.593a Exceptions. produce intermediate or final products (a) Each owner or operator subject to from petroleum, unfinished petroleum the provisions of this subpart may derivatives, or other intermediates. A comply with the following exceptions process unit can operate independently to the provisions of subpart VVa of this if supplied with sufficient feed or raw part. materials and sufficient storage facili- (b)(1) Compressors in hydrogen serv- ties for the product. For the purpose of ice are exempt from the requirements this subpart, process unit includes any of § 60.592a if an owner or operator dem- feed, intermediate and final product onstrates that a compressor is in hy- storage vessels (except as specified in drogen service. § 60.482–1a(g)), product transfer racks, (2) Each compressor is presumed not and connected ducts and piping. A to be in hydrogen service unless an process unit includes all equipment as owner or operator demonstrates that defined in this subpart. the piece of equipment is in hydrogen EFFECTIVE DATE NOTE: At 73 FR 31376, June service. For a piece of equipment to be 2, 2008, § 60.591a, the definition of ‘‘process considered in hydrogen service, it must unit’’ was stayed until further notice. be determined that the percent hydrogen content can be reasonably expected § 60.592a Standards. always to exceed 50 percent by volume. (a) Each owner or operator subject to For purposes of determining the per- the provisions of this subpart shall cent hydrogen content in the process comply with the requirements of fluid that is contained in or contacts a §§ 60.482–1a to 60.482–10a as soon as prac- compressor, procedures that conform

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to the general method described in Subpart HHH—Standards of Per- ASTM E260–73, 91, or 96, E168–67, 77, or formance for Synthetic Fiber 92, or E169–63, 77, or 93 (incorporated by Production Facilities reference as specified in § 60.17) shall be used. (3)(i) An owner or operator may use SOURCE: 49 FR 13651, Apr. 5, 1984, unless engineering judgment rather than pro- otherwise noted. cedures in paragraph (b)(2) of this section to demonstrate that the percent § 60.600 Applicability and designation of affected facility. content exceeds 50 percent by volume, provided the engineering judgment (a) Except as provided in paragraph demonstrates that the content clearly (b) of this section, the affected facility exceeds 50 percent by volume. When an to which the provisions of this subpart owner or operator and the Adminis- apply is each solvent-spun synthetic trator do not agree on whether a piece fiber process that produces more than of equipment is in hydrogen service, 500 Mg (551 ton) of fiber per year. however, the procedures in paragraph (b) The provisions of this subpart do (b)(2) of this section shall be used to re- not apply to any facility that uses the solve the disagreement. reaction spinning process to produce (ii) If an owner or operator deter- spandex fiber or the viscose process to mines that a piece of equipment is in produce rayon fiber. hydrogen service, the determination (c) The provisions of this subpart can be revised only after following the apply to each facility as identified in procedures in paragraph (b)(2). paragraph (a) of this section and that (c) Any existing reciprocating com- commences construction or reconstruc- pressor that becomes an affected facil- tion after November 23, 1982. The provi- ity under provisions of § 60.14 or § 60.15 sions of this subpart do not apply to fa- is exempt from § 60.482–3a(a), (b), (c), cilities that commence modification (d), (e), and (h) provided the owner or but not reconstruction after November operator demonstrates that recasting 23, 1982. the distance piece or replacing the compressor are the only options avail- [49 FR 22606, May 30, 1984, as amended at 65 FR 61768, Oct. 17, 2000] able to bring the compressor into compliance with the provisions of § 60.482– § 60.601 Definitions. 3a(a), (b), (c), (d), (e), and (h). (d) An owner or operator may use the All terms that are used in this sub- following provision in addition to part and are not defined below are § 60.485a(e): Equipment is in light liquid given the same meaning as in the Act service if the percent evaporated is and in subpart A of this part. greater than 10 percent at 150 °C as de- Acrylic fiber means a manufactured termined by ASTM Method D86–78, 82, synthetic fiber in which the fiber-form- 90, 93, 95, or 96 (incorporated by ref- ing substance is any long-chain syn- erence as specified in § 60.17). thetic polymer composed of at least 85 (e) Pumps in light liquid service and percent by weight of acrylonitrile valves in gas/vapor and light liquid units. service within a process unit that is lo- Makeup solvent means the solvent in- cated in the Alaskan North Slope are troduced into the affected facility that exempt from the requirements of compensates for solvent lost from the §§ 60.482–2a and 60.482–7a. affected facility during the manufac- (f) Open-ended valves or lines con- turing process. taining asphalt as defined in § 60.591a Nongaseous losses means the solvent are exempt from the requirements of that is not volatilized during fiber pro- § 60.482–6a(a) through (c). duction, and that escapes the process (g) Connectors in gas/vapor or light and is unavailable for recovery, or is in liquid service are exempt from the re- a form or concentration unsuitable for quirements in § 60.482–11a, provided the economical recovery. owner or operator complies with Polymer means any of the natural or § 60.482–8a for all connectors, not just synthetic compounds of usually high those in heavy liquid service. molecular weight that consist of many

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repeated links, each link being a rel- preparation, spinning, fiber processing atively light and simple molecule. and solvent recovery, but does not in- Precipitation bath means the water, clude the polymer production equip- solvent, or other chemical bath into ment. which the polymer or prepolymer (par- Spandex fiber means a manufactured tially reacted material) solution is ex- fiber in which the fiber-forming sub- truded, and that causes physical or stance is a long chain synthetic poly- chemical changes to occur in the ex- mer comprised of at least 85 percent of truded solution to result in a a segmented polyurethane. semihardened polymeric fiber. Spinning solution means the mixture Rayon fiber means a manufactured of polymer, prepolymer, or copolymer fiber composed of regenerated cel- and additives dissolved in solvent. The lulose, as well as manufactured fibers solution is prepared at a viscosity and composed of regenerated cellulose in solvent-to-polymer ratio that is suit- which substituents have replaced not able for extrusion into fibers. more than 15 percent of the hydrogens Spinning solution preparation system of the hydroxyl groups. means the equipment used to prepare Reaction spinning process means the spinning solutions; the system includes fiber-forming process where a equipment for mixing, filtering, blend- prepolymer is extruded into a fluid me- ing, and storage of the spinning solu- dium and solidification takes place by tions. chemical reaction to form the final Synthetic fiber means any fiber com- polymeric material. posed partially or entirely of materials Recovered solvent means the solvent made by chemical synthesis, or made captured from liquid and gaseous proc- partially or entirely from chemically- ess streams that is concentrated in a modified naturally-occurring mate- control device and that may be purified rials. for reuse. Viscose process means the fiber form- Solvent feed means the solvent intro- ing process where cellulose and con- duced into the spinning solution prepa- centrated caustic soda are reacted to ration system or precipitation bath. form soda or alkali cellulose. This re- This feed stream includes the combina- acts with carbon disulfide to form so- tion of recovered solvent and makeup dium cellulose xanthate, which is then solvent. dissolved in a solution of caustic soda. Solvent inventory variation means the After ripening, the solution is spun normal changes in the total amount of into an acid coagulating bath. This solvent contained in the affected facil- precipitates the cellulose in the form ity. of a regenerated cellulose filament. Solvent recovery system means the [49 FR 13651, Apr. 5, 1984; 49 FR 18096, Apr. 27, equipment associated with capture, 1984] transportation, collection, concentration, and purification of organic sol- § 60.602 Standard for volatile organic vents. It may include enclosures, compounds. hoods, ducting, piping, scrubbers, con- On and after the date on which the densers, carbon adsorbers, distillation initial performance test required to be equipment, and associated storage ves- conducted by § 60.8 is completed, no sels. owner or operator subject to the provi- Solvent-spun synthetic fiber means any sions of this subpart shall cause the synthetic fiber produced by a process discharge into the atmosphere from that uses an organic solvent in the any affected facility that produces spinning solution, the precipitation acrylic fibers, VOC emissions that ex- bath, or processing of the sun fiber. ceed 10 kg/Mg (20 lb/ton) solvent feed to Solvent-spun synthetic fiber process the spinning solution preparation sys- means the total of all equipment hav- tem or precipitation bath. VOC emis- ing a common spinning solution prepa- sions from affected facilities that ration system or a common solvent re- produce both acrylic and nonacrylic covery system, and that is used in the fiber types shall not exceed 10 kg/Mg manufacture of solvent-spun synthetic (20 lb/ton) solvent feed. VOC emissions fiber. It includes spinning solution from affected facilities that produce

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only nonacrylic fiber types shall not the following equation to determine exceed 17 kg/Mg (34 lb/ton) solvent feed. the amount of solvent feed: Compliance with the emission limitations is determined on a 6-month roll- n ing average basis as described in Solvent Feed = ∑ § 60.603. i=1 [49 FR 22606, May 30, 1984, as amended at 65 where subscript ‘‘i’’ denotes each particular FR 61768, Oct. 17, 2000] spinning solution used during the test period; values of ‘‘i’’ vary from one to the § 60.603 Performance test and compli- total number of spinning solutions, ‘‘n,’’ ance provisions. used during the calendar month. (a) Section 60.8(f) does not apply to (2) VOC emissions shall be deter- the performance test procedures re- mined each calendar month by use of quired by this subpart. the following equations: (b) Each owner or operator of an af- M fected facility shall determine compli- E =−−w N I and M = M S D ance with the applicable standard in S w Vp § 60.602(a) by determining and recording W monthly the VOC emissions per unit SSD = vp mass solvent feed from each affected SW facility for the current and preceding 5 K consecutive calendar months and using II− these values to calculate the 6-month I = ES average emissions. Each calculation is SW considered a performance test. The where all values are for the calendar month owner or operator of an affected facil- only and where ity shall use the following procedure to E = VOC Emissions, in kg/Mg (lb/ton) sol- determine VOC emissions for each cal- vent; endar month; SV = Measured or calculated volume of sol- (1) Install, calibrate, maintain, and vent feed, in liters (gallons); operate monitoring devices that con- SW = Weight of solvent feed, in Mg (ton); tinuously measure and permanently MV = Measured volume of makeup solvent, in liters (gallons); record for each calendar month the MW = Weight of makeup, in kg (lb); amount of makeup solvent and solvent N = Allowance for nongaseous losses, 13 kg/ feed. These values shall be used in cal- Mg (26 lb/ton) solvent feed; culating VOC emissions according to SP = Fraction of measured volume that is ac- paragraph (b)(2) of this section. All tual solvent (excludes water); monitoring devices, meters, and pe- D = Density of the solvent, in kg/liter (lb/gal- ripheral equipment shall be calibrated lon); and any error recorded. Total com- K = Conversion factor, 1,000 kg/Mg (2,000 lb/ pounded error of the flow measuring ton); I = Allowance for solvent inventory vari- and recording devices shall not exceed ation or changes in the amount of sol- 1 percent accuracy over the operating vent contained in the affected facility, in range. As an alternative to measuring kg/Mg (lb/ton) solvent feed (may be posi- solvent feed, the owner or operator tive or negative); may: IS = Amount of solvent contained in the af- (i) Measure the amount of recovered fected facility at the beginning of the solvent returned to the solvent feed test period, as determined by the owner storage tanks, and use the following or operator, in kg (lb); equation to determine the amount of IE = Amount of solvent contained in the affected facility at the close of the test pe- solvent feed: riod, as determined by the owner or oper- Solvent Feed = Makeup Solvent + Recovered ator, in kg (lb). Solvent + Change in the Amount of Solvent (3) N, as used in the equation in para- Contained in the Solvent Feed Holding Tank. graph (b)(2) of this section, equals 13 (ii) Measure and record the amount kg/Mg (26 lb/ton) solvent feed to the of polymer introduced into the affected spinning solution preparation system facility and the solvent-to-polymer and precipitation bath. This value shall ratio of the spinning solutions, and use be used in all cases unless an owner or

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operator demonstrates to the satisfac- Subpart III—Standards of Perform- tion of the Administrator that greater ance for Volatile Organic nongaseous losses occur at the affected Compound (VOC) Emissions facility. In this case, the greater value From the Synthetic Organic may be substituted in the equation. Chemical Manufacturing In- [49 FR 13651, Apr. 5, 1984; 49 FR 18096, Apr. 27, dustry (SOCMI) Air Oxidation 1984, as amended at 65 FR 61769, Oct. 17, 2000] Unit Processes § 60.604 Reporting requirements. SOURCE: 55 FR 26922, June 29, 1990, unless (a) The owner or operator of an af- otherwise noted. fected facility shall submit a written report to the Administrator of the fol- § 60.610 Applicability and designation lowing: of affected facility. (1) The results of the initial perform- (a) The provisions of this subpart ance test; and apply to each affected facility des- (2) The results of subsequent per- ignated in paragraph (b) of this section formance tests that indicate that VOC that produces any of the chemicals emissions exceed the standards in listed in § 60.617 as a product, co-prod- § 60.602. These reports shall be sub- uct, by-product, or intermediate, ex- mitted quarterly at 3-month intervals cept as provided in paragraph (c) of after the initial performance test. If no this section. exceedances occur during a particular (b) The affected facility is any of the quarter, a report stating this shall be following for which construction, modi- submitted to the Administrator semi- fication, or reconstruction commenced annually. after October 21, 1983: (b) Solvent-spun synthetic fiber pro- (1) Each air oxidation reactor not dis- ducing facilities exempted from these charging its vent stream into a recov- standards in § 60.600(a) (those producing ery system. less than 500 Mg (551 ton) annually) (2) Each combination of an air oxida- shall report to the Administrator with- tion reactor and the recovery system in 30 days whenever extruded fiber for into which its vent stream is dis- the preceding 12 calendar months ex- charged. ceeds 500 Mg (551 ton). (3) Each combination of two or more (c) The requirements of this section air oxidation reactors and the common recovery system into which their vent remain in force until and unless EPA, streams are discharged. in delegating enforcement authority to (c) Each affected facility that has a a State under section 111(c) of the Act, total resource effectiveness (TRE) approves reporting requirements or an index value greater than 4.0 is exempt alternate means of compliance surveil- from all provisions of this subpart ex- lance adopted by such State. In that cept for §§ 60.612, 60.614(f), 60.615(h), and event, affected sources within the 60.615(l). State will be relieved of the obligation (d) Alternative means of compliance— to comply with this section, provided (1) Option to comply with part 65. Owners that they comply with the require- or operators of process vents that are ments established by the State. subject to this subpart may choose to [49 FR 13651, Apr. 5, 1984, as amended at 55 comply with the provisions of 40 CFR FR 51384, Dec. 13, 1990; 59 FR 32341, June 23, part 65, subpart D, to satisfy the re- 1994; 65 FR 61769, Oct. 17, 2000] quirements of §§ 60.612 through 60.615 and 60.618. The provisions of 40 CFR part 65 also satisfy the criteria of paragraph (c) of this section. Other provisions applying to an owner or operator who chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1. (2) Part 60, subpart A. Owners or operators who choose to comply with 40

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CFR part 65, subpart D, must also com- with air, or a combination of air and ply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) oxygen, to produce one or more organic and (4), 60.14, 60.15, and 60.16 for those compounds. Ammoxidation and process vents. All sections and para- oxychlorination reactions are included graphs of subpart A of this part that in this definition. are not mentioned in this paragraph Air Oxidation Reactor Recovery Train (d)(2) do not apply to owners or opera- means an individual recovery system tors of process vents complying with 40 receiving the vent stream from at least CFR part 65, subpart D, except that one air oxidation reactor, along with provisions required to be met prior to all air oxidation reactors feeding vent implementing 40 CFR part 65 still streams into this system. apply. Owners and operators who Air Oxidation Unit Process means a choose to comply with 40 CFR part 65, unit process, including ammoxidation subpart D, must comply with 40 CFR and oxychlorination unit process, that part 65, subpart A. uses air, or a combination of air and (3) Compliance date. Owners or opera- oxygen, as an oxygen source in com- tors who choose to comply with 40 CFR bination with one or more organic part 65, subpart D, at initial startup reactants to produce one or more or- shall comply with paragraphs (d)(1) and ganic compounds. (2) of this section for each vent stream Boilers means any enclosed combus- on and after the date on which the inition device that extracts useful energy tial performance test is completed, but in the form of steam. not later than 60 days after achieving By Compound means by individual the maximum production rate at which stream components, not carbon equiva- the affected facility will be operated, lents. or 180 days after the initial startup, Continuous recorder means a data re- whichever date comes first. cording device recording an instanta- (4) Initial startup notification. Each neous data value at least once every 15 owner or operator subject to the provi- minutes. sions of this subpart that chooses to comply with 40 CFR part 65, subpart D, Flame zone means the portion of the at initial startup shall notify the Ad- combustion chamber in a boiler occu- ministrator of the specific provisions pied by the flame envelope. of 40 CFR 65.63(a)(1), (2), or (3) with Flow indicator means a device which which the owner or operator has elect- indicates whether gas flow is present in ed to comply. Notification shall be sub- a vent stream. mitted with the notifications of initial Halogenated Vent Stream means any startup required by 40 CFR 65.5(b). vent stream determined to have a total concentration (by volume) of com- NOTE: The intent of these standards is to pounds containing halogens of 20 ppmv minimize the emissions of VOC through the (by compound) or greater. application of BDT. The numerical emission limits in these standards are expressed in Incinerator means any enclosed com- terms of total organic compounds (TOC), bustion device that is used for destroy- measured as TOC minus methane and eth- ing organic compounds and does not ane. This emission limit reflects the per- extract energy in the form of steam or formance of BDT. process heat. [55 FR 26922, June 29, 1990, as amended at 65 Process Heater means a device that FR 78278, Dec. 14, 2000] transfers heat liberated by burning fuel to fluids contained in tubes, including § 60.611 Definitions. all fluids except water that is heated to As used in this subpart, all terms not produce steam. defined here shall have the meaning Process Unit means equipment assem- given them in the Act and in subpart A bled and connected by pipes or ducts to of part 60, and the following terms produce, as intermediates or final prod- shall have the specific meanings given ucts, one or more of the chemicals in them. § 60.617. A process unit can operate Air Oxidation Reactor means any de- independently if supplied with suffi- vice or process vessel in which one or cient fuel or raw materials and suffi- more organic reactants are combined cient product storage facilities.

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Product means any compound or including, but not limited to, pumps, chemical listed in § 60.617 that is pro- compressors, and valves. duced for sale as a final product as that [55 FR 26922, June 29, 1990; 55 FR 36932, Sept. chemical or is produced for use in a 7, 1990] process that needs that chemical for the production of other chemicals in § 60.612 Standards. another facility. By-products, co-prod- Each owner or operator of any af- ucts, and intermediates are considered fected facility shall comply with para- to be products. graph (a), (b), or (c) of this section for Recovery Device means an individual each vent stream on and after the date unit of equipment, such as an absorber, on which the initial performance test condenser, and carbon adsorber, capa- required by §§ 60.8 and 60.614 is com- ble of and used to recover chemicals for pleted, but not later than 60 days after use, reuse or sale. achieving the maximum production Recovery System means an individual rate at which the affected facility will recovery device or series of such de- be operated, or 180 days after the ini- vices applied to the same process tial start-up, whichever date comes stream. first. Each owner or operator shall ei- Total organic compounds (TOC) means ther: those compounds measured according (a) Reduce emissions of TOC (minus to the procedures in § 60.614(b)(4). For methane and ethane) by 98 weight-per- the purposes of measuring molar com- cent, or to a TOC (minus methane and position as required in § 60.614(d)(2)(i), ethane) concentration of 20 ppmv on a dry basis corrected to 3 percent oxy- hourly emissions rate as required in gen, whichever is less stringent. If a § 60.614(d)(5) and § 60.614(e) and TOC con- boiler or process heater is used to com- centration as required in § 60.615(b)(4) ply with this paragraph, then the vent and § 60.615(g)(4), those compounds stream shall be introduced into the which the Administrator has deter- flame zone of the boiler or process mined do not contribute appreciably to heater; or the formation of ozone are to be ex- (b) Combust the emissions in a flare cluded. The compounds to be excluded that meets the requirements of § 60.18; are identified in Environmental Pro- or tection Agency’s statements on ozone (c) Maintain a TRE index value abatement policy for SIP revisions (42 greater than 1.0 without use of VOC FR 35314; 44 FR 32042; 45 FR 32424; 45 FR emission control devices. 48942). Total resource effectiveness (TRE) Index § 60.613 Monitoring of emissions and Value means a measure of the supple- operations. mental total resource requirement per (a) The owner or operator of an af- unit reduction of TOC associated with fected facility that uses an incinerator an individual air oxidation vent to seek to comply with the TOC emis- stream, based on vent stream flow rate, sion limit specified under § 60.612(a) emission rate of TOC, net heating shall install, calibrate, maintain, and value, and corrosion properties (wheth- operate according to manufacturer’s er or not the vent stream is halo- specifications the following equipment: genated), as quantified by the equation (1) A temperature monitoring device given under § 60.614(e). equipped with a continuous recorder ± Vent Stream means any gas stream, and having an accuracy of 1 percent of containing nitrogen which was intro- the temperature being monitored expressed in degrees Celsius or ±0.5 °C, duced as air to the air oxidation reac- whichever is greater. tor, released to the atmosphere di- (i) Where an incinerator other than a rectly from any air oxidation reactor catalytic incinerator is used, a tem- recovery train or indirectly, after di- perature monitoring device shall be in- version through other process equip- stalled in the firebox. ment. The vent stream excludes equip- (ii) Where a catalytic incinerator is ment leaks and relief valve discharges used, temperature monitoring devices

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shall be installed in the gas stream im- boiler is 44 MW (150 million Btu/hr) or mediately before and after the catalyst greater. The records must be readily bed. available for inspection. (2) A flow indicator that provides a (e) The owner or operator of an af- record of vent stream flow to the incin- fected facility that seeks to dem- erator at least once every hour for each onstrate compliance with the TRE affected facility. The flow indicator index value limit specified under shall be installed in the vent stream § 60.612(c) shall install, calibrate, main- from each affected facility at a point tain, and operate according to manu- closest to the inlet of each incinerator facturer’s specifications the following and before being joined with any other equipment, unless alternative moni- vent stream. toring procedures or requirements are (b) The owner or operator of an af- approved for that facility by the Ad- fected facility that uses a flare to seek ministrator: to comply with § 60.612(b) shall install, (1) Where an absorber is the final re- calibrate, maintain, and operate ac- covery device in a recovery system: cording to manufacturer’s specifica- (i) A scrubbing liquid temperature tions the following equipment: monitoring device having an accuracy (1) A heat sensing device, such as an of ±1 percent of the temperature being ultra-violet sensor or thermocouple, at monitored expressed in degrees Celsius the pilot light to indicate the contin- or 0.5 °C, whichever is greater, and a uous presence of a flame. specific gravity monitoring device hav- (2) A flow indicator that provides a ing an accuracy of 0.02 specific gravity record of vent stream flow to the flare units, each equipped with a continuous at least once every hour for each af- recorder; fected facility. The flow indicator shall (ii) An organic monitoring device be installed in the vent stream from used to indicate the concentration each affected facility at a point closest level of organic compounds exiting the to the flare and before being joined recovery device based on a detection with any other vent stream. principle such as infra-red, (c) The owner or operator of an af- photoionization, or thermal conduc- fected facility that uses a boiler or tivity, each equipped with a continuous process heater to seek to comply with recorder. § 60.612(a) shall install, calibrate, main- (2) Where a condenser is the final retain and operate according to the man- covery device in a recovery system: ufacturer’s specifications the following (i) A condenser exit (product side) equipment: temperature monitoring device (1) A flow indicator that provides a equipped with a continuous recorder record of vent stream flow to the boiler and having an acuracy of ±1 percent of or process heater at least once every the temperature being monitored ex- hour for each affected facility. The pressed in degrees Celsius or 0.5 °C, flow indicator shall be installed in the whichever is greater; vent stream from each air oxidation re- (ii) An organic monitoring device actor within an affected facility at a used to indicate the concentration point closest to the inlet of each boiler level of organic compounds exiting the or process heater and before being recovery device based on a detection joined with any other vent stream. principle such as infra-red, (2) A temperature monitoring device photoionization, or thermal conduc- in the firebox equipped with a contin- tivity, each equipped with a continuous uous recorder and having an accuracy recorder. of ±1 percent of the temperature being (3) Where a carbon adsorber is the measured expressed in degrees Celsius final recovery device in a recovery sys- or ±0.5 °C, whichever is greater, for tem: boilers or process heaters of less than (i) An integrating steam flow moni- 44 MW (150 million Btu/hr) heat input toring device having an accuracy of 10 design capacity. percent, and a carbon bed temperature (d) Monitor and record the periods of monitoring device having an accuracy operation of the boiler or process heat- of ±1 percent of the temperature being er if the design input capacity of the monitored expressed in degrees Celsius

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or ±0.5 °C, whichever is greater, both The sampling site shall be the same as equipped with a continuous recorder; that of the TOC samples and the sam- (ii) An organic monitoring device ples shall be taken during the same used to indicate the concentration time that the TOC samples are taken. level of organic compounds exiting the The TOC concentration corrected to 3 recovery device based on a detection percent O2 (Cc) shall be computed using principle such as infra-red, the following equation: photoionization, or thermal conductivity, each equipped with a continuous 17. 9 recorder. CC= c TOC − (f) An owner or operator of an af- 20.% 9 O2d fected facility seeking to demonstrate where: compliance with the standards speci- Cc = Concentration of TOC corrected to 3 per- fied under § 60.612 with control devices cent 0 , dry basis, ppm by volume. other than an incinerator, boiler, proc- 2 CTOC = Concentration of TOC (minus meth- ess heater, or flare; or recovery devices ane and ethane), dry basis, ppm by vol- other than an absorber, condenser, or ume.

carbon adsorber shall provide to the %O2d = Concentration of O2, dry basis, per- Administrator information describing cent by volume. the operation of the control device or (4) Method 18 to determine con- recovery device and the process param- centration of TOC in the control device eter(s) which would indicate proper op- outlet and the concentration of TOC in eration and maintenance of the device. the inlet when the reduction efficiency The Administrator may request further of the control device is to be deter- information and will specify appro- mined. priate monitoring procedures or re- (i) The sampling time for each run quirements. shall be 1 hour in which either an inte- [55 FR 26922, June 29, 1990, as amended at 65 grated sample or four grab samples FR 61769, Oct. 17, 2000] shall be taken. If grab sampling is used then the samples shall be taken at 15- § 60.614 Test methods and procedures. minute intervals. (a) For the purpose of demonstrating (ii) The emission reduction (R) of compliance with § 60.612, all affected fa- TOC (minus methane and ethane) shall cilities shall be run at full operating be determined using the following conditions and flow rates during any equation: performance test. (b) The following methods in appen- − EEio dix A to this part, except as provided R = ×100 under § 60.8(b) shall be used as reference Ei methods to determine compliance with where: the emission limit or percent reduction efficiency specified under § 60.612(a). R = Emission reduction, percent by weight. Ei = Mass rate of TOC entering the control (1) Method 1 or 1A, as appropriate, for device, kg/hr (lb/hr). selection of the sampling sites. The Eo = Mass rate of TOC discharged to the at- control device inlet sampling site for mosphere, kg/hr (lb/hr). determination of vent stream molar composition or TOC (less methane and (iii) The mass rates of TOC (Ei, Eo) ethane) reduction efficiency shall be shall be computed using the following prior to the inlet of the control device equations: and after the recovery system. (2) Method 2, 2A, 2C, or 2D, as appro- ⎛ n ⎞ = ⎜ ⎟ priate, for determination of the volu- EKiijij2 ⎜∑ CMQ⎟ i metric flow rates. ⎝ j=1 ⎠ (3) The emission rate correction factor, integrated sampling and analysis ⎛ n ⎞ procedure of Method 3 shall be used to EK= ⎜∑ CMQ⎟ determine the oxygen concentration oojoj2 ⎜ ⎟ o ⎝ j=1 ⎠ (%O2d) for the purposes of determining compliance with the 20 ppmv limit. Where:

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Cij, Coj = Concentration of sample component shall be, except for the situations out- ‘‘j’’ of the gas stream at the inlet and lined in paragraph (e)(1)(ii) of this sec- outlet of the control device, respectively, tion, prior to the inlet of any control dry basis ppm by volume. device, prior to any post-reactor dilu- Mij, Moj = Molecular weight of sample component ‘‘j‘‘ of the gas stream at the inlet tion of the stream with air, and prior and outlet of the control device, respec- to any post-reactor introduction of hal- tively, g/g-mole (lb/lb-mole). ogenated compounds into the vent Qi, Qo = Flow rate of gas stream at the inlet stream. No transverse site selection and outlet of the control device, respec- method is needed for vents smaller tively, dscm/min (dscf/min). ¥6 than 10 centimeters (4 inches) in di- K2 = 2.494 × 10 (1/ppm)(g-mole/scm)(kg/ g)(min/hr) (metric units), where standard ameter. temperature for (g-mole/scm) is 20 °C. (ii) If any gas stream other than the = 1.557 × 10¥7 (1/ppm)(lb-mole/scf)(min/hr) air oxidation vent stream from the af- (English units), where standard tempera- fected facility is normally conducted ture for (lb-mole/scf) is 68 °F. through the final recovery device. (iv) The TOC concentration (CTOC) is (A) The sampling site for vent stream the sum of the individual components flow rate and molar composition shall and shall be computed for each run be prior to the final recovery device using the following equation: and prior to the point at which the n nonair oxidation stream is introduced. CC= ∑ (B) The efficiency of the final recov- TOC j ery device is determined by measuring j=1 the TOC concentration using Method 18 where: at the inlet to the final recovery device CTOC = Concentration of TOC (minus meth- after the introduction of any nonair ane and ethane), dry basis, ppm by vol- oxidation vent stream and at the out- ume. let of the final recovery device. Cj = Concentration of sample components in the sample. (C) This efficiency is applied to the n = Number of components in the sample. TOC concentration measured prior to the final recovery device and prior to (c) When a boiler or process heater the introduction of the nonair oxida- with a design heat input capacity of 44 tion stream to determine the con- MW (150 million Btu/hour) or greater is used to seek to comply with § 60.612(a), centration of TOC in the air oxidation the requirement for an initial perform- stream from the final recovery device. ance test is waived, in accordance with This concentration of TOC is then used § 60.8(b). However, the Administrator to perform the calculations outlined in reserves the option to require testing § 60.614(e)(4) and (5). at such other times as may be required, (2) The molar composition of the as provided for in section 114 of the process vent stream shall be deter- Act. mined as follows: (d) When a flare is used to seek to (i) Method 18 to measure the con- comply with § 60.612(b), the flare shall centration of TOC including those con- comply with the requirements of § 60.18. taining halogens. (e) The following test methods in ap- (ii) D1946–77, or 90 (Reapproved 1994) pendix A to this part, except as pro- (incorporation by reference as specified vided under § 60.8(b), shall be used for in § 60.17 of this part) to measure the determining the net heating value of concentration of carbon monoxide and the gas combusted to determine com- hydrogen. pliance under § 60.612(b) and for deter- (iii) Method 4 to measure the content mining the process vent stream TRE of water vapor. index value to determine compliance under § 60.612(c). (3) The volumetric flow rate shall be (1)(i) Method 1 or 1A, as appropriate, determined using Method 2, 2A, 2C, or for selection of the sampling site. The 2D, as appropriate. sampling site for the vent stream flow (4) The net heating value of the vent rate and molar composition determina- stream shall be calculated using the tion prescribed in § 60.614(e)(2) and (3) following equation:

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¥6 K2 = 2.494 × 10 (1/ppm)(g-mole/scm)(kg/ ⎛ n ⎞ g)(min/hr) (metric units), where standard HK= ⎜∑ CH⎟ temperature for (g-mole/scm) is 20 °C. Tl⎝ jj⎠ = 1.557 × 10¥7 (1/ppm)(lb-mole/scf)(min/hr) j=1 (English units), where standard tempera- ° where: ture for (lb-mole/scf) is 68 F. Cj = Concentration on a wet basis of com- HT = Net heating value of the sample, MJ/ pound j in ppm, as measured by Method scm (Btu/scf), where the net enthalpy per 18 as indicated in § 60.614(e)(2). mole of vent stream is based on combus- M = Molecular weight of sample j, g/g-mole ° ° j tion at 25 C and 760 mm Hg (77 F and 30 (lb/lb-mole). in. Hg), but the standard temperature for Qs = Vent stream flow rate, scm/hr (scf/hr), determining the volume corresponding to at a temperature of 20 °C (68 °F). one mole is 20 °C (68 °F). ¥7 K1 = 1.74 × 10 (1/ppm)(g-mole/scm)(MJ/kcal) (6) The total process vent stream (metric units), where standard tempera- concentration (by volume) of com- ture for (g-mole/scm) is 20 °C. pounds containing halogens (ppmv, by = 1.03 × 10¥11 (1/ppm)(lb-mole/scf)(Btu/kcal) compound) shall be summed from the (English units) where standard tempera- individual concentrations of com- ° ture for (lb/mole/scf) is 68 F. pounds containing halogens which were Cj = Concentration on a wet basis of compound j in ppm, as measured for organics measured by Method 18. by Method 18 and measured for hydrogen (f) For purposes of complying with and carbon monoxide by ASTM D1946–77, § 60.612(c), the owner or operator of a 90, or 94 (incorporation by reference as facility affected by this subpart shall specified in § 60.17 of this part) as indi- calculate the TRE index value of the cated in § 60.614(e)(2). vent stream using the equation for in- Hj = Net heat of combustion of compound j, cineration in paragraph (e)(1) of this kcal/(g-mole) [kcal/(lb-mole)], based on section for halogenated vent streams. ° ° combustion at 25 C and 760 mm Hg (77 F The owner or operator of an affected and 30 in. Hg). facility with a nonhalogenated vent (5) The emission rate of TOC in the stream shall determine the TRE index process vent stream shall be calculated value by calculating values using both using the following equation: the incinerator equation in paragraph (e)(1) of this section and the flare equa- ⎡ n ⎤ tion in paragraph (e)(2) of this section EKCMQ= ⎢∑ ⎥ and selecting the lower of the two val- TOC2 ⎢ j j ⎥ s ues. = ⎣ j 1 ⎦ (1) The TRE index value of the vent where: stream controlled by an incinerator

ETOC = Measured emission rate of TOC, kg/hr shall be calculated using the following (lb/hr). equation:

=+1 088..+ + + 088 088. + 05. TRE []abQ()sssTsTs cQ() dQH()() eQ()() H fY() ETOC

(i) Where for a vent stream flow rate determining the volume corresponding to that is greater than or equal to 14.2 one mole is 20 °C (68 °F) as in the defini- scm/min (501 scf/min) at a standard tion of Qs. temperature of 20 °C (68 °F): Ys = Qs for all vent stream categories listed in table 1 except for Category E vent

TRE = TRE index value. streams where Ys = QsHT/3.6.

Qs = Vent stream flow rate, scm/min (scf/ ETOC = Hourly emissions of TOC, kg/hr (lb/ min), at a temperature of 20 °C (68 °F). hr). a, b, c, d, e, and f are coefficients. H = Vent stream net heating value, MJ/scm T The set of coefficients which apply to (Btu/scf), where the net enthalpy per mole of vent stream is based on combus- a vent stream shall be obtained from tion at 25 °C and 760 mm Hg (68 °F and 30 table 1. in. Hg), but the standard temperature for

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(ii) Where for a vent stream flow rate Where the following inputs are used: that is less than 14.2 scm/min (501 scf/ FLOW = Vent stream flow rate, scm/min (scf/ min) at a standard temperature of 20 °C min), at a temperature of 20 °C (68 °F). (68 °F): HVAL = Vent stream net heating value, MJ/ scm (Btu/scf), where the net enthalpy per TRE = TRE index value. mole of vent stream is based on combus- Qs = 14.2 scm/min (501 scf/min). tion at 25 °C and 760 mm Hg (68 °F and 30 HT = (FLOW)(HVAL)/Qs. in. Hg), but the standard temperature for 119

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determining the volume corresponding to a, b, c, d, e, and f are coefficients. one mole is 20 °C (68 °F) as in the definition of Q . The set of coefficients that apply to a s vent stream can be obtained from table Ys = Qs for all vent stream categories listed in table 1 except for Category E vent 1. streams where Ys = QsHT/3.6. (2) The equation for calculating the ETOC = Hourly emissions of TOC, kg/hr (lb/ TRE index value of a vent stream con- hr). trolled by a flare is as follows:

= 1 + 08. + + + TRE []aQ()s bQ() s cQ() s() H T dE() TOC e ETOC

where: tion at 25 °C and 760 mm Hg (68 °F and 30 TRE = TRE index value. in. Hg), but the standard temperature for E = Hourly emissions of TOC, kg/hr (lb/ determining the volume corresponding to TOC ° ° hr). one mole is 20 C (68 F) as in the definition of Qs. Qs = Vent stream flow rate, scm/min (scf/ min), at a standard temperature of 20 °C a, b, c, d, and e are coefficients. (68 °F). The set of coefficients that apply to a HT = Vent stream net heating value, MJ/scm (Btu/scf), where the net enthalpy per vent stream shall be obtained from mole of vent stream is based on combus- table 2.

TABLE 2—AIR OXIDATION PROCESSES NSPS TRE COEFFICIENTS FOR VENT STREAMS CONTROLLED BY A FLARE

a b c d e

HT < 11.2 MJ/scm ...... 2.25 0.288 ¥0.193 (¥0.0051 2.08 (HT < 301 Btu/scf) ...... (0.140) (0.0367) (¥0.000448) (¥0.0051) (4.59) HT ≥ 11.2 MJ/scm ...... 0.309 0.0619 ¥0.0043 ¥0.0034 2.08 HT ≥ 301 Btu/scf) ...... (0.0193) (0.00788) (¥0.000010) (¥0.0034) (4.59)

(g) Each owner or operator of an af- soon as possible after the process fected facility seeking to comply with change but no later than 180 days from § 60.610(c) or § 60.612(c) shall recalculate the time of the process change. the TRE index value for that affected (2) Where the initial TRE index value facility whenever process changes are is greater than 4.0 and the recalculated made. Some examples of process TRE index value is less than or equal changes are changes in production ca- to 4.0, but greater than 1.0, the owner pacity, feedstock type, or catalyst or operator shall conduct a perform- type, or whenever there is replacement, ance test in accordance with §§ 60.8 and removal, or addition of recovery equip- 60.614 and shall comply with §§ 60.613, ment. The TRE index value shall be re- 60.614, and 60.615. Performance tests calculated based on test data, or on must be conducted as soon as possible best engineering estimates of the ef- after the process change but no later fects of the change to the recovery sys- than 180 days from the time of the tem. process change. (1) Where the recalculated TRE index [55 FR 26922, June 29, 1990; 55 FR 36932, Sept. value is less than or equal to 1.0, the 7, 1990, as amended at 65 FR 61769, Oct. 17, owner or operator shall notify the Ad- 2000] ministrator within 1 week of the recalculation and shall conduct a perform- § 60.615 Reporting and recordkeeping ance test according to the methods and requirements. procedures required by § 60.614 to deter- (a) Each owner or operator subject to mine compliance with § 60.612(a). Per- § 60.612 shall notify the Administrator formance tests must be conducted as of the specific provisions of § 60.612

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(§ 60.612 (a) (b), or (c)) with which the seeks to demonstrate compliance with owner or operator has elected to com- § 60.612(a) through use of a boiler or ply. Notification shall be submitted process heater: with the notification of initial start-up (i) A description of the location at required by § 60.7(a)(3). If an owner or which the vent stream is introduced operator elects at a later date to use an into the boiler or process heater, and alternative provision of § 60.612 with (ii) The average combustion tempera- which he or she will comply, then the ture of the boiler or process heater Administrator shall be notified by the with a design heat input capacity of owner or operator 90 days before imple- less than 44 MW (150 million Btu/hr) menting a change and, upon imple- measured at least every 15 minutes and menting the change, a performance averaged over the same time period of test shall be performed as specified by the performance testing. § 60.614 within 180 days. (3) Where an owner or operator sub- (b) Each owner or operator subject to ject to the provisions of this subpart the provisions of this subpart shall seeks to comply with § 60.612(b) through keep up-to-date, readily accessible the use of a smokeless flare, flare de- records of the following data measured sign (i.e., steam-assisted, air-assisted, during each performance test, and also or nonassisted), all visible emission include the following data in the report readings, heat content determinations, of the initial performance test required flow rate measurements, and exit ve- under § 60.8. Where a boiler or process locity determinations made during the heater with a design heat input capac- performance test, continuous records ity of 44 MW (150 million Btu/hour) or of the flare pilot flame monitoring, and greater is used to comply with records of all periods of operations dur- § 60.612(a), a report containing performing which the pilot flame is absent. ance test data need not be submitted, (4) Where an owner or operator seeks but a report containing the informa- to demonstrate compliance with tion of § 60.615(b)(2)(i) is required. The § 60.612(c): same data specified in this section (i) Where an absorber is the final re- shall be submitted in the reports of all covery device in a recovery system, the subsequently required performance exit specific gravity (or alternative pa- tests where either the emission control rameter which is a measure of the de- efficiency of a control device, outlet gree of absorbing liquid saturation, if concentration of TOC, or the TRE approved by the Administrator), and index value of a vent stream from a re- average exit temperature of the absorb- covery system is determined. ing liquid, measured at least every 15 (1) Where an owner or operator sub- minutes and averaged over the same ject to this subpart seeks to dem- time period of the performance testing onstrate compliance with § 60.612(a) (both measured while the vent stream through use of either a thermal or is normally routed and constituted), or catalytic incinerator: (ii) Where a condenser is the final re- (i) The average firebox temperature covery device in a recovery system, the of the incinerator (or the average tem- average exit (product side) tempera- perature upstream and downstream of ture, measured at least every 15 min- the catalyst bed for a catalytic inciner- utes and average over the same time ator), measured at least every 15 min- period of the performance testing while utes and averaged over the same time the vent stream is normally routed and period of the performance testing, and constituted. (ii) The percent reduction of TOC de- (iii) Where a carbon adsorber is the termined as specified in § 60.614(b) final recovery device in a recovery sys- achieved by the incinerator, or the con- tem, the total steam mass flow meas- centration of TOC (ppmv, by com- ured at least every 15 minutes and pound) determined as specified in averaged over the same time period of § 60.614(b) at the outlet of the control the performance test (full carbon bed device on a dry basis corrected to 3 per- cycle), temperature of the carbon bed cent oxygen. after regeneration (and within 15 min- (2) Where an owner or operator sub- utes of completion of any cooling ject to the provisions of this subpart cycle(s), and duration of the carbon bed

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steaming cycle (all measured while the most recent performance test at which vent stream is normally routed and compliance with § 60.612(a) was deter- constituted), or mined. (iv) As an alternative to (3) All 3-hour periods of operation § 60.615(b)(4)(i), (ii) or (iii), the con- during which the average combustion centration level or reading indicated temperature was more than 28 °C (50 by the organic monitoring device at °F) below the average combustion tem- the outlet of the absorber, condenser, perature during the most recent per- or carbon adsorber measured at least formance test at which compliance every 15 minutes and averaged over the with § 60.612(a) was determined for boil- same time period of the performance ers or process heaters with a design testing while the vent stream is nor- heat input capacity of less than 44 MW mally routed and constituted. (150 million Btu/hr). (v) All measurements and calcula- (4) For boilers or process heaters, tions performed to determine the TRE whenever there is a change in the loca- index value of the vent stream. tion at which the vent stream is intro- (c) Each owner or operator subject to duced into the flame zone as required the provisions of this subpart shall under § 60.612(a). keep up-to-date, readily accessible con- (d) Each owner or operator subject to tinuous records of the equipment oper- the provisions of this subpart shall ating parameters specified to be mon- keep up-to-date, readily accessible con- itored under § 60.613(a) and (c) as well tinuous records of the flow indication as up-to-date, readily accessible specified under § 60.613(a)(2), records of periods of operation during § 60.613(b)(2), and § 60.613(c)(1), as well as which the parameter boundaries estab- up-to-date, readily accessible records lished during the most recent perform- of all periods when the vent stream is ance test are exceeded. The Adminis- diverted from the control device or has trator may at any time require a re- no flow rate. port of these data. Where a combustion (e) Each owner or operator subject to device is used by an owner or operator the provisions of this subpart who uses seeking to demonstrate compliance a boiler or process heater with a design with § 60.612(a) or (c), periods of oper- heat input capacity of 44 MW (150 mil- ation during which the parameter lion Btu/hour) or greater to comply boundaries established during the most with § 60.612(a) shall keep an up-to- recent performance tests are exceeded date, readily accessible record of all pe- are defined as follows: riods of operation of the boiler or proc- (1) For thermal incinerators, all 3- ess heater. (Examples of such records hour periods of operation during which could include records of steam use, fuel the average combustion temperature use, or monitoring data collected pur- was more than 28 °C (50 °F) below the suant to other State or Federal regu- average combustion temperature dur- latory requirements). ing the most recent performance test (f) Each owner or operator subject to at which compliance with § 60.612(a) the provisions of this subpart shall was determined. keep up-to-date, readily accessible con- (2) For catalytic incinerators, all 3- tinuous records of the flare pilot flame hour periods of operation during which monitoring specified in § 60.613(b), as the average temperature of the vent well as up-to-date, readily accessible stream immediately before the cata- records of all periods of operations in lyst bed is more than 28 °C (50 °F) below which the pilot flame is absent. the average temperature of the vent (g) Each owner or operator subject to stream during the most recent per- the provisions of this subpart shall formance test at which compliance keep up-to-date, readily accessible con- with § 60.612(a) was determined. The tinuous records of the equipment oper- owner or operator also shall record all ating parameters specified to be mon- 3-hour periods of operation during itored under § 60.613(e) as well as up-to- which the average temperature dif- date, readily accessible records of peri- ference across the catalyst bed is less ods of operation during which the pa- than 80 percent of the average tempera- rameter boundaries established during ture difference of the device during the the most recent performance test are

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exceeded. The Administrator may at ture (in degrees Celsius) during the any time require a report of these data. most recent performance test. Where the owner or operator seeks to (4) Where an absorber, condenser, or demonstrate compliance with carbon adsorber is the final recovery § 60.612(c), periods of operation during device in the recovery system and an which the parameter boundaries estab- organic monitoring device approved by lished during the most recent perform- the Administrator is used, all 3-hour ance tests are exceeded are defined as periods of operation during which the follows: average concentration level or reading (1) Where an absorber is the final re- of organic compounds in the exhaust covery device in a recovery system, gases is more than 20 percent greater and where an organic monitoring de- than the exhaust gas organic com- vice is not used: pound concentration level or reading (i) All 3-hour periods of operation measured by the monitoring device during which the average absorbing liq- during the most recent performance uid temperature was more than 11 °C test. (20 °F) above the average absorbing liq- (h) Each owner or operator subject to uid temperature during the most re- the provisions of this subpart and seek- cent performance test, or ing to demonstrate compliance with (ii) All 3-hour periods of operation § 60.612(c) shall keep up-to-date, readily during which the average absorbing liq- accessible records of: uid specific gravity was more than 0.1 (1) Any changes in production capac- unit above, or more than 0.1 unit ity, feedstock type, or catalyst type, or below, the average absorbing liquid of any replacement, removal or addi- specific gravity during the most recent tion of recovery equipment or air oxi- performance test (unless monitoring of dation reactors; an alternative parameter, which is a (2) Any recalculation of the TRE measure of the degree of absorbing liq- index value performed pursuant to uid saturation, is approved by the Ad- § 60.614(f); ministrator, in which case he or she (3) The results of any performance will define appropriate parameter test performed pursuant to the meth- boundaries and periods of operation ods and procedures required by during which they are exceeded). § 60.614(d). (2) When a condenser is the final re- (i) Each owner and operator subject covery device in a recovery system, to the provisions of this subpart is ex- and where an organic monitoring de- empt from the quarterly reporting re- vice is not used, all 3-hour periods of quirements contained in § 60.7(c) of the operation during which the average General Provisions. exit (product side) condenser operating (j) Each owner or operator that seeks temperature was more than 6 °C (11 °F) to comply with the requirements of above the average exit (product side) this subpart by complying with the re- operating temperature during the most quirements of § 60.612 shall submit to recent performance test. the Administrator semiannual reports (3) Where a carbon adsorber is the of the following information. The ini- final recovery device in a recovery sys- tial report shall be submitted within 6 tem and where an organic monitoring months after the initial start-up-date. device is not used: (1) Exceedances of monitored param- (i) All carbon bed regeneration cycles eters recorded under § 60.615(c) and (g). during which the total mass steam flow (2) All periods recorded under was more than 10 percent below the § 60.615(d) when the vent stream is di- total mass steam flow during the most verted from the control device or has recent performance test, or no flow rate. (ii) All carbon bed regeneration cy- (3) All periods recorded under cles during which the temperature of § 60.615(e) when the boiler or process the carbon bed after regeneration (and heater was not operating. after completion of any cooling (4) All periods recorded under cycle(s)) was more than 10 percent § 60.615(f) in which the pilot flame of greater than the carbon bed tempera- the flare was absent.

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(5) Any recalculation of the TRE Chemical name CAS No.* index value, as recorded under p-t-Butyl benzoic acid ...... 98–73–7 § 60.615(h). N-Butyric acid ...... 107–92–6 (k) The requirements of § 60.615(j) re- Crotonic acid ...... 3724–65–0 main in force until and unless EPA, in Cumene hydroperoxide ...... 80–15–9 delegating enforcement authority to a Cyclohexanol ...... 108–93–0 Cyclohexanone ...... 108–94–1 State under section 111(c) of the Act, Dimethyl terephthalate ...... 120–61–6 approves reporting requirements or an Ethylene dichloride ...... 107–06–2 alternative means of compliance sur- Ethylene oxide ...... 75–21–8 Formaldehyde ...... 50–00–0 veillance adopted by such State. In Formic acid ...... 64–18–6 that event, affected sources within the Glyoxal ...... 107–22–2 State will be relieved of the obligation Hydrogen cyanide ...... 74–90–8 Isobutyric acid ...... 79–31–2 to comply with § 60.615(j), provided that Isophthalic acid ...... 121–91–5 they comply with the requirements es- Maleic anhydride ...... 108–31–6 tablished by the State. Methyl ethyl ketone ...... 78–93–3 a-Methyl styrene ...... 98–83–9 (l) The Administrator will specify ap- Phenol ...... 108–95–2 propriate reporting and recordkeeping Phthalic anhydride ...... 85–44–9 requirements where the owner or oper- Propionic acid ...... 79–09–4 ator of an affected facility seeks to Propylene oxide ...... 75–56–9 Styrene ...... 100–42–5 demonstrate compliance with the Terephthalic acid ...... 100–21–0 standards specified under § 60.612 other *CAS numbers refer to the Chemical Abstracts Registry than as provided under § 60.613(a), (b), numbers assigned to specific chemicals, isomers, or mixtures (c), and (d). of chemicals. Some isomers or mixtures that are covered by the standards do not have CAS numbers assigned to them. The standards apply to all of the chemicals listed, whether [55 FR 26922, June 29, 1990; 55 FR 36932, Sept. CAS numbers have been assigned or not. 7, 1990, as amended at 65 FR 61773, Oct. 17, 2000] § 60.618 Delegation of authority. § 60.616 Reconstruction. (a) In delegating implementation and enforcement authority to a State For purposes of this subpart ‘‘fixed under section 111(c) of the Act, the au- capital cost of the new components,’’ thorities contained in paragraph (b) of as used in § 60.15, includes the fixed cap- this section shall be retained by the ital cost of all depreciable components Administrator and not transferred to a which are or will be replaced pursuant State. to all continuous programs of compo- (b) Authorities which will not be del- nent replacement which are com- egated to States: § 60.613(e). menced within any 2-year period following October 21, 1983. For purposes of this paragraph, ‘‘commenced’’ means Subpart JJJ—Standards of Per- that an owner or operator has under- formance for Petroleum Dry taken a continuous program of compo- Cleaners nent replacement or that an owner or operator has entered into a contractual SOURCE: 49 FR 37331, Sept. 21, 1984, unless obligation to undertake and complete, otherwise noted. within a reasonable time, a continuous program of component replacement. § 60.620 Applicability and designation of affected facility. § 60.617 Chemicals affected by subpart (a) The provisions of this subpart are III. applicable to the following affected fa- Chemical name CAS No.* cilities located at a petroleum dry cleaning plant with a total manufac- Acetaldehyde ...... 75–07–0 turers’ rated dryer capacity equal to or Acetic acid ...... 64–19–7 Acetone ...... 67–64–1 greater than 38 kilograms (84 pounds): Acetonitrile ...... 75–05–8 Petroleum solvent dry cleaning dryers, Acetophenone ...... 98–86–2 washers, filters, stills, and settling Acrolein ...... 107–02–8 Acrylic acid ...... 79–10–7 tanks. Acrylonitrile ...... 107–13–1 (1) When the affected facility is in- Anthraquinone ...... 84–65–1 stalled in an existing plant that is not Benzaldehyde ...... 100–52–7 Benzoic acid, tech ...... 65–85–0 expanding the manufacturers’ rated ca- 1,3-Butadiene ...... 106–99–0 pacity of its petroleum solvent

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dryer(s), the total manufacturers’ goods, after washing and removing of rated dryer capacity is the summation excess petroleum solvent, together of the manufacturers’ rated capacity with the piping and ductwork used in for each existing petroleum solvent the installation of this device. dryer. Manufacturers’ rated dryer capacity (2) When the affected facility is in- means the dryer’s rated capacity of ar- stalled in a plant that is expanding the ticles, in pounds or kilograms of cloth- manufacturers’ rated capacity of its ing articles per load, dry basis, that is petroleum solvent dryers, the total typically found on each dryer on the manufacturers’ rated dryer capacity is manufacturer’s name-plate or in the the summation of the manufacturers’ manufacturer’s equipment specifica- rated dryer capacity for each existing tions. and proposed new petroleum solvent Perceptible leaks means any petroleum dryer. solvent vapor or liquid leaks that are (3) When the affected facilty is in- conspicuous from visual observation or stalled in a new plant, the total manu- that bubble after application of a soap facturers’ rated dryer capacity is the solution, such as pools or droplets of summation of the manufacturers’ rated liquid, open containers or solvent, or dryer capacity for each proposed new solvent laden waste standing open to petroleum solvent dryer. the atmosphere. (4) The petroleum solvent dryers con- Petroleum dry cleaner means a dry sidered in the determination of the cleaning facility that uses petroleum total manufacturers’ rated dryer ca- solvent in a combination of washers, pacity are those new and existing dry- dryers, filters, stills, and settling ers in the plant that will be in service tanks. at any time after the proposed new Settling tank means a container that source or modification commences op- gravimetrically separates oils, grease, eration. and dirt from petroleum solvent, to- (b) Any facility under paragraph (a) gether with the piping and ductwork of this section that commences con- used in the installation of this device. struction or modification after Decem- Solvent filter means a discrete solvent ber 14, 1982, is subject to the require- filter unit containing a porous medium ments of this subpart with the fol- that traps and removes contaminants lowing exception. A dryer installed be- from petroleum solvent, together with tween December 14, 1982, and Sep- the piping and ductwork used in the in- tember 21, 1984, in a plant with an an- stallation of this device. nual solvent consumption level of less Solvent recovery dryer means a class of than 17,791 liters (4,700 gallons), is ex- dry cleaning dryers that employs a empt from the requirements of this condenser to condense and recover sol- subpart. vent vapors evaporated in a closed-loop [49 FR 37331, Sept. 21, 1984, as amended at 50 stream of heated air, together with the FR 49026, Nov. 27, 1985; 65 FR 61773, Oct. 17, piping and ductwork used in the instal- 2000] lation of this device. Still means a device used to vola- § 60.621 Definitions. tilize, separate, and recover petroleum As used in this subpart, all terms not solvent from contaminated solvent, to- defined herein shall have the same gether with the piping and ductwork meaning given them in the Act and in used in the installation of this device. subpart A of this part. Washer means a machine which agi- Cartridge filter means a discrete filter tates fabric articles in a petroleum sol- unit containing both filter paper and vent bath and spins the articles to re- activated carbon that traps and remove the solvent, together with the moves contaminants from petroleum piping and ductwork used in the instal- solvent, together with the piping and lation of this device. ductwork used in the installation of this device. § 60.622 Standards for volatile organic Dryer means a machine used to re- compounds. move petroleum solvent from articles (a) Each affected petroleum solvent of clothing or other textile or leather dry cleaning dryer that is installed at

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a petroleum dry cleaning plant after publish the final determination in the December 14, 1982, shall be a solvent re- FEDERAL REGISTER. covery dryer. The solvent recovery dryer(s) shall be properly installed, op- § 60.624 Test methods and procedures. erated, and maintained. Each owner or operator of an affected (b) Each affected petroleum solvent facility subject to the provisions of filter that is installed at a petroleum § 60.622(a) shall perform an initial test dry cleaning plant after December 14, to verify that the flow rate of recov- 1982, shall be a cartridge filter. Car- ered solvent from the solvent recovery tridge filters shall be drained in their dryer at the termination of the recov- sealed housings for at least 8 hours ery cycle is no greater than 0.05 liters prior to their removal per minute. This test shall be con- (c) Each manufacturer of an affected ducted for a duration of no less than 2 petroleum solvent dryer shall include weeks during which no less than 50 per- leak inspection and leak repair cycle cent of the dryer loads shall be mon- information in the operating manual itored for their final recovered solvent and on a clearly visible label posted on flow rate. The suggested point for each affected facility. Such informa- measuring the flow rate of recovered tion should state: solvent is the outlet of the solvent- To protect against fire hazards, loss of val- water separator. Near the end of the re- uable solvents, and emissions of solvent to covery cycle, the entire flow of recov- the atmosphere, periodic inspection of this ered solvent should be diverted to a equipment for evidence of leaks and prompt graduated cylinder. As the recovered repair of any leaks is recommended. The U.S. Environmental Protection Agency rec- solvent collects in the graduated cyl- ommends that the equipment be inspected inder, the elapsed time is monitored every 15 days and all vapor or liquid leaks be and recorded in periods of greater than repaired within the subsequent 15 day period. or equal to 1 minute. At the same time, [49 FR 37331, Sept. 21, 1984, as amended at 50 the volume of solvent in the graduated FR 49026, Nov. 27, 1985] cylinder is monitored and recorded to determine the volume of recovered sol- § 60.623 Equivalent equipment and vent that is collected during each time procedures. period. The recovered solvent flow rate (a) Upon written application from is calculated by dividing the volume of any person, the Administrator may ap- solvent collected per period by the prove the use of equipment or proce- length of time elapsed during the pe- dures that have been demonstrated to riod and converting the result with ap- his satisfaction to be equivalent, in propriate factors into units of liters terms of reducing VOC emissions to the per minute. The recovery cycle and the atmosphere, to those prescribed for monitoring procedure should continue compliance within a specified para- until the flow rate of solvent is less graph of this subpart. The application than or equal to 0.05 liter per minute. must contain a complete description of The type of articles cleaned and the the equipment or procedure; the test- total length of the cycle should then be ing method; the date, time and loca- recorded. tion of the test; and a description of the test results. Written applications [49 FR 37331, Sept. 21, 1984, as amended at 65 shall be submitted to the Adminis- FR 61773, Oct. 17, 2000] trator, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., § 60.625 Recordkeeping requirements. Washington, DC 20460. Each owner or operator of an affected (b) The Administrator will make a facility subject to the provisions of preliminary determination of whether this subpart shall maintain a record of or not the application for equivalency the performance test required under is approvable and will publish a notice § 60.624. of these findings in the FEDERAL REG- ISTER. After notice and opportunity for public hearing, the Administrator will

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Subpart KKK—Standards of Per- Alaskan North Slope means the ap- formance for Equipment proximately 69,000 square-mile area ex- Leaks of VOC From Onshore tending from the Brooks Range to the Arctic Ocean. Natural Gas Processing Plants Equipment means each pump, pres- for Which Construction, Re- sure relief device, open-ended valve or construction, or Modification line, valve, compressor, and flange or Commenced After January other connector that is in VOC service 20, 1984, and on or Before or in wet gas service, and any device or August 23, 2011 system required by this subpart. Field gas means feedstock gas enter- SOURCE: 50 FR 26124, June 24, 1985, unless ing the natural gas processing plant. otherwise noted. In light liquid service means that the piece of equipment contains a liquid § 60.630 Applicability and designation that meets the conditions specified in of affected facility. § 60.485(e) or § 60.633(h)(2). (a)(1) The provisions of this subpart In wet gas service means that a piece apply to affected facilities in onshore of equipment contains or contacts the natural gas processing plants. field gas before the extraction step in (2) A compressor in VOC service or in the process. wet gas service is an affected facility. Natural gas liquids means the hydro- (3) The group of all equipment except carbons, such as ethane, propane, bu- compressors (definied in § 60.631) within tane, and pentane, that are extracted a process unit is an affected facility. from field gas. (b) Any affected facility under para- Natural gas processing plant (gas graph (a) of this section that com- plant) means any processing site en- mences construction, reconstruction, gaged in the extraction of natural gas or modification after January 20, 1984, liquids from field gas, fractionation of and on or before August 23, 2011, is sub- mixed natural gas liquids to natural ject to the requirements of this sub- gas products, or both. part. Nonfractionating plant means any gas (c) Addition or replacement of equip- plant that does not fractionate mixed ment (defined in § 60.631) for the pur- natural gas liquids into natural gas pose of process improvement that is ac- products. complished without a capital expendi- Onshore means all facilities except ture shall not by itself be considered a those that are located in the territorial modification under this subpart. seas or on the outer continental shelf. (d) Facilities covered by subpart VV Process unit means equipment assem- or subpart GGG of 40 CFR part 60 are bled for the extraction of natural gas excluded from this subpart. liquids from field gas, the fractionation (e) A compressor station, dehydra- of the liquids into natural gas prod- tion unit, sweetening unit, under- ucts, or other operations associated ground storage tank, field gas gath- with the processing of natural gas ering system, or liquefied natural gas products. A process unit can operate unit is covered by this subpart if it is independently if supplied with suffi- located at an onshore natural gas proc- cient feed or raw materials and suffi- essing plant. If the unit is not located cient storage facilities for the prod- at the plant site, then it is exempt ucts. from the provisions of this subpart. Reciprocating compressor means a [50 FR 26124, June 24, 1985, as amended at 77 piece of equipment that increases the FR 49542, Aug. 16, 2012] pressure of a process gas by positive displacement, employing linear move- § 60.631 Definitions. ment of the driveshaft. As used in this subpart, all terms not defined herein shall have the meaning § 60.632 Standards. given them in the Act, in subpart A or (a) Each owner or operator subject to subpart VV of part 60; and the fol- the provisions of this subpart shall lowing terms shall have the specific comply with the requirements of meanings given them. §§ 60.482–1 (a), (b), and (d) and 60.482–2

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through 60.482–10, except as provided in comply with the following exceptions § 60.633, as soon as practicable, but no to the provisions of subpart VV. later than 180 days after initial start- (b)(1) Each pressure relief device in up. gas/vapor service may be monitored (b) An owner or operator may elect quarterly and within 5 days after each to comply with the requirements of pressure release to detect leaks by the §§ 60.483–1 and 60.483–2. methods specified in § 60.485(b) except (c) An owner or operator may apply as provided in §§ 60.632(c), paragraph to the Administrator for permission to (b)(4) of this section, and 60.482–4 (a) use an alternative means of emission through (c) of subpart VV. limitation that achieves a reduction in (2) If an instrument reading of 10,000 emissions of VOC at least equivalent to ppm or greater is measured, a leak is that achieved by the controls required detected. in this subpart. In doing so, the owner (3)(i) When a leak is detected, it shall or operator shall comply with require- be repaired as soon as practicable, but ments of § 60.634 of this subpart. no later than 15 calendar days after it (d) Each owner or operator subject to is detected, except as provided in the provisions of this subpart shall § 60.482–9. comply with the provisions of § 60.485 (ii) A first attempt at repair shall be except as provided in § 60.633(f) of this made no later than 5 calendar days subpart. after each leak is detected. (e) Each owner or operator subject to (4)(i) Any pressure relief device that the provisions of this subpart shall is located in a nonfractionating plant comply with the provisions of §§ 60.486 that is monitored only by nonplant and 60.487 except as provided in personnel may be monitored after a §§ 60.633, 60.635, and 60.636 of this sub- pressure release the next time the part. monitoring personnel are on site, in- (f) An owner or operator shall use the stead of within 5 days as specified in following provision instead of paragraph (b)(1) of this section and § 60.485(d)(1): Each piece of equipment is § 60.482–4(b)(1) of subpart VV. presumed to be in VOC service or in (ii) No pressure relief device de- wet gas service unless an owner or op- scribed in paragraph (b)(4)(i) of this erator demonstrates that the piece of section shall be allowed to operate for equipment is not in VOC service or in more than 30 days after a pressure re- wet gas service. For a piece of equip- lease without monitoring. ment to be considered not in VOC serv- (c) Sampling connection systems are ice, it must be determined that the exempt from the requirements of VOC content can be reasonably ex- § 60.482–5. pected never to exceed 10.0 percent by weight. For a piece of equipment to be (d) Pumps in light liquid service, considered in wet gas service, it must valves in gas/vapor and light liquid be determined that it contains or con- service, and pressure relief devices in tacts the field gas before the extraction gas/vapor service that are located at a step in the process. For purposes of de- nonfractionating plant that does not termining the percent VOC content of have the design capacity to process the process fluid that is contained in or 283,200 standard cubic meters per day contacts a piece of equipment, proce- (scmd) (10 million standard cubic feet dures that conform to the methods de- per day) or more of field gas are ex- scribed in ASTM E169–63, 77, or 93, empt from the routine monitoring re- E168–67, 77, or 92, or E260–73, 91, or 96 quirements of §§ 60.482–2(a)(1) and (incorporated by reference as specified 60.482–7(a), and paragraph (b)(1) of this in § 60.17) shall be used. section. (e) Pumps in light liquid service, [50 FR 26124, June 24, 1985, as amended at 65 valves in gas/vapor and light liquid FR 61773, Oct. 17, 2000] service, and pressure relief devices in gas/vapor service within a process unit § 60.633 Exceptions. that is located in the Alaskan North (a) Each owner or operator subject to Slope are exempt from the routine the provisions of this subpart may monitoring requirements of §§ 60.482–

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2(a)(1), 60.482–7(a), and paragraph (b)(1) (1) The applicant must collect, verify of this section. and submit test data, covering a period (f) Reciprocating compressors in wet of at least 12 months, necessary to sup- gas service are exempt from the com- port the finding in paragraph (a) of this pressor control requirements of § 60.482– section. 3. (2) If the applicant is an owner or op- (g) Flares used to comply with this erator of an affected facility, he must subpart shall comply with the require- commit in writing to operate and ments of § 60.18. maintain the alternative means so as (h) An owner or operator may use the to achieve a reduction in VOC emis- following provisions instead of sions at least equivalent to the reduc- § 60.485(e): tion in VOC emissions achieved under (1) Equipment is in heavy liquid serv- the design, equipment, work practice ice if the weight percent evaporated is or operational standard. 10 percent or less at 150 °C (302 °F) as determined by ASTM Method D86–78, § 60.635 Recordkeeping requirements. 82, 90, 95, or 96 (incorporated by ref- (a) Each owner or operator subject to erence as specified in § 60.17). the provisions of this subpart shall (2) Equipment is in light liquid serv- comply with the requirements of para- ice if the weight percent evaporated is graphs (b) and (c) of this section in ad- greater than 10 percent at 150 °C (302 dition to the requirements of § 60.486. °F) as determined by ASTM Method (b) The following recordkeeping re- D86–78, 82, 90, 95, or 96 (incorporated by quirements shall apply to pressure re- reference as specified in § 60.17). lief devices subject to the requirements [50 FR 26124, June 24, 1985, as amended at 51 of § 60.633(b)(1) of this subpart. FR 2702, Jan. 21, 1986; 65 FR 61773, Oct. 17, (1) When each leak is detected as 2000] specified in § 60.633(b)(2), a weather- proof and readily visible identification, § 60.634 Alternative means of emission marked with the equipment identifica- limitation. tion number, shall be attached to the (a) If, in the Administrator’s judg- leaking equipment. The identification ment, an alternative means of emission on the pressure relief device may be re- limitation will achieve a reduction in moved after it has been repaired. VOC emissions at least equivalent to (2) When each leak is detected as the reduction in VOC emissions specified in § 60.633(b)(2), the following achieved under any design, equipment, information shall be recorded in a log work practice or operational standard, and shall be kept for 2 years in a read- the Administrator will publish, in the ily accessible location: FEDERAL REGISTER a notice permitting (i) The instrument and operator iden- the use of that alternative means for tification numbers and the equipment the purpose of compliance with that identification number. standard. The notice may condition (ii) The date the leak was detected permission on requirements related to and the dates of each attempt to repair the operation and maintenance of the the leak. alternative means. (iii) Repair methods applied in each (b) Any notice under paragraph (a) of attempt to repair the leak. this section shall be published only (iv) ‘‘Above 10,000 ppm’’ if the max- after notice and an opportunity for a imum instrument reading measured by public hearing. the methods specified in paragraph (a) (c) The Administrator will consider of this section after each repair at- applications under this section from ei- tempt is 10,000 ppm or greater. ther owners or operators of affected fa- (v) ‘‘Repair delayed’’ and the reason cilities, or manufacturers of control for the delay if a leak is not repaired equipment. within 15 calendar days after discovery (d) The Administrator will treat ap- of the leak. plications under this section according (vi) The signature of the owner or op- to the following criteria, except in erator (or designate) whose decision it cases where he concludes that other was that repair could not be effected criteria are appropriate: without a process shutdown.

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(vii) The expected date of successful Subpart LLL—Standards of Per- repair of the leak if a leak is not re- formance for SO2 Emissions paired within 15 days. From Onshore Natural Gas (viii) Dates of process unit shutdowns Processing for Which Con- that occur while the equipment is struction, Reconstruction, or unrepaired. Modification Commenced (ix) The date of successful repair of After January 20, 1984, and the leak. on or Before August 23, 2011 (x) A list of identification numbers for equipment that are designated for no detectable emissions under the pro- SOURCE: 50 FR 40160, Oct. 1, 1985, unless otherwise noted. visions of § 60.482–4(a). The designation of equipment subject to the provisions § 60.640 Applicability and designation of § 60.482–4(a) shall be signed by the of affected facilities. owner or operator. (a) The provisions of this subpart are (c) An owner or operator shall com- applicable to the following affected fa- ply with the following requirement in cilities that process natural gas: each addition to the requirement of sweetening unit, and each sweetening § 60.486(j): Information and data used to unit followed by a sulfur recovery unit. demonstrate that a reciprocating com- (b) Facilities that have a design ca- pressor is in wet gas service to apply pacity less than 2 long tons per day for the exemption in § 60.633(f) shall be (LT/D) of hydrogen sulfide (H2S) in the recorded in a log that is kept in a read- acid gas (expressed as sulfur) are re- ily accessible location. quired to comply with § 60.647(c) but are not required to comply with §§ 60.642 § 60.636 Reporting requirements. through 60.646. (c) The provisions of this subpart are (a) Each owner or operator subject to applicable to facilities located on land the provisions of this subpart shall and include facilities located onshore comply with the requirements of para- which process natural gas produced graphs (b) and (c) of this section in ad- from either onshore or offshore wells. dition to the requirements of § 60.487. (d) The provisions of this subpart (b) An owner or operator shall in- apply to each affected facility identi- clude the following information in the fied in paragraph (a) of this section initial semiannual report in addition to which commences construction or the information required in § 60.487(b) modification after January 20, 1984, and (1)–(4): Number of pressure relief de- on or before August 23, 2011. vices subject to the requirements of (e) The provisions of this subpart do § 60.633(b) except for those pressure re- not apply to sweetening facilities pro- lief devices designated for no detect- ducing acid gas that is completely re- injected into oil-or-gas-bearing geo- able emissions under the provisions of logic strata or that is otherwise not re- § 60.482–4(a) and those pressure relief leased to the atmosphere. devices complying with § 60.482–4(c). (c) An owner or operator shall in- [50 FR 40160, Oct. 1, 1985, as amended at 77 FR clude the following information in all 49542, Aug. 16, 2012] semiannual reports in addition to the § 60.641 Definitions. information required in § 60.487(c)(2) (i) through (vi): All terms used in this subpart not defined below are given the meaning in (1) Number of pressure relief devices the Act and in subpart A of this part. for which leaks were detected as re- Acid gas means a gas stream of hy- quired in § 60.633(b)(2) and drogen sulfide (H2S) and carbon dioxide (2) Number of pressure relief devices (CO2) that has been separated from for which leaks were not repaired as re- sour natural gas by a sweetening unit. quired in § 60.633(b)(3). Natural gas means a naturally occurring mixture of hydrocarbon and non- hydrocarbon gases found in geologic formations beneath the earth’s surface.

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The principal hydrocarbon constituent XThe sulfur feed rate from the sweetening is methane. unit (i.e., the H2S in the acid gas), ex- Onshore means all facilities except pressed as sulfur, Mg/D(LT/D), rounded to one decimal place. those that are located in the territorial YThe sulfur content of the acid gas from the seas or on the outercontinental shelf. sweetening unit, expressed as mole per- Reduced sulfur compounds means H S, 2 cent H2S (dry basis) rounded to one dec- carbonyl sulfide (COS), and carbon di- imal place.

sulfide (CS2). ZThe minimum required sulfur dioxide (SO2) Sulfur production rate means the rate emission reduction efficiency, expressed of liquid sulfur accumulation from the as percent carried to one decimal place. sulfur recovery unit. Zi refers to the reduction efficiency required at the initial performance test. Zc Sulfur recovery unit means a process refers to the reduction efficiency re- device that recovers element sulfur quired on a continuous basis after com- from acid gas. pliance with Zi has been demonstrated. Sweetening unit means a process de- [50 FR 40160, Oct. 1, 1985, as amended at 65 FR vice that separates the H S and CO 2 2 61773, Oct. 17, 2000] contents from the sour natural gas stream. § 60.642 Standards for sulfur dioxide. Total SO equivalents means the sum 2 (a) During the initial performance of volumetric or mass concentrations test required by § 60.8(b), each owner or of the sulfur compounds obtained by operator shall achieve at a minimum, adding the quantity existing as SO to 2 an SO emission reduction efficiency the quantity of SO that would be ob- 2 2 (Z ) to be determined from table 1 based tained if all reduced sulfur compounds i on the sulfur feed rate (X) and the sul- were converted to SO (ppmv or kg/ 2 fur content of the acid gas (Y) of the dscm (lb/dscf)). affected facility. EThe sulfur emission rate expressed as ele- (b) After demonstrating compliance mental sulfur, kilograms per hour (kg/hr) with the provisions of paragraph (a) of [pounds per hour (lb/hr)], rounded to one this section, the owner or operator decimal place. shall achieve at a minimum, an SO RThe sulfur emission reduction efficiency 2 emission reduction efficiency (Z ) to be achieved in percent, carried to one dec- c imal place. determined from table 2 based on the SThe sulfur production rate, kilograms per sulfur feed rate (X) and the sulfur con- hour (kg/hr) [pounds per hour (lb/hr)], tent of the acid gas (Y) of the affected rounded to one decimal place. facility.

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§ 60.643 Compliance provisions. formance test as required by § 60.8, the (a)(1) To determine compliance with the standards for sulfur dioxide specified in § 60.642(a), during the initial per-

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minimum required sulfur dioxide emis- acid gas from the sweetening unit for sion reduction efficiency (Z) is com- each run. pared to the emission reduction effi- (3) The Tutwiler procedure in § 60.648 ciency (R) achieved by the sulfur recov- or a chromatographic procedure fol- ery technology. lowing ASTM E–260 (incorporated by (i) If R ≥ Zi, the affected facility is in reference—see § 60.17) shall be used to compliance. determine the H2S concentration in the (ii) If R < Zi, the affected facility is acid gas feed from the sweetening unit. not in compliance. At least one sample per hour (at equal- (2) Following the initial determina- ly spaced intervals) shall be taken dur- tion of compliance as required by § 60.8, ing each 4-hour run. The arithmetic any subsequent compliance determina- mean of all samples shall be the aver- tions that may be required by the Ad- age H2S concentration (Y) on a dry ministrator would compare R to Zc. basis for the run. By multiplying the (b) The emission reduction efficiency result from the Tutwiler procedure by (R) achieved by the sulfur reduction 1.62 × 10¥3, the units gr/100 scf are con- technology shall be determined using verted to volume percent. the procedures in § 60.644(c)(1). (4) Using the information from paragraphs (b) (1) and (3), tables 1 and 2 [50 FR 40160, Oct. 1, 1985, as amended at 54 FR shall be used to determine the required 6679, Feb. 14, 1989] initial (Zi) and continuous (Zc) reduc- § 60.644 Test methods and procedures. tion efficiencies of SO2 emissions. (c) The owner or operator shall deter- (a) In conducting the performance mine compliance with the SO2 stand- tests required in § 60.8, the owner or op- ards in § 60.642 (a) or (b) as follows: erator shall use as reference methods (1) The emission reduction efficiency and procedures the test methods in ap- (R) achieved by the sulfur recovery pendix A of this part or other methods technology shall be computed for each and procedures as specified in this sec- run using the following equation: tion, except as provided in paragraph § 60.8(b). R = (100 S)/(S + E) (b) During a performance test re- (2) The level indicators or manual quired by § 60.8, the owner or operator soundings shall be used to measure the shall determine the minimum required liquid sulfur accumulation rate in the reduction efficiencies (Z) of SO2 emis- product storage tanks. Readings taken sions as required in § 60.642 (a) and (b) at the beginning and end of each run, as follows: the tank geometry, sulfur density at (1) The average sulfur feed rate (X) the storage temperature, and sample shall be computed as follows: duration shall be used to determine the = sulfur production rate (S) in kg/hr (lb/ XKQYa hr) for each run. Where: (3) The emission rate of sulfur shall X = average sulfur feed rate, Mg/D (LT/D). be computed for each run as follows: Q = average volumetric flow rate of acid gas a = from sweetening unit, dscm/day (dscf/ ECQKesd/ 1 day). Where: Y = average H2S concentration in acid gas feed from sweetening unit, percent by E = emission rate of sulfur per run, kg/hr. volume, expressed as a decimal. Ce = concentration of sulfur equivalent (SO2 K = (32 kg S/kg-mole)/((24.04 dscm/kg- + reduced sulfur), g/dscm (lb/dscf). mole)(1000 kg S/ Mg)) = 1.331 × 10¥3 Mg/ Qsd = volumetric flow rate of effluent gas, dscm, for metric units dscm/hr (dscf/hr). = (32 lb S/lb-mole)/((385.36 dscf/lb-mole)(2240 K1 = conversion factor, 1000 g/kg (7000 gr/lb). lb S/long ton)) (4) The concentration (Ce) of sulfur = 3.707 × 10¥5 long ton/dscf, for English equivalent shall be the sum of the SO2 units. and TRS concentrations, after being (2) The continuous readings from the converted to sulfur equivalents. For process flowmeter shall be used to de- each run and each of the test methods termine the average volumetric flow specified in this paragraph (c) of this rate (Qa) in dscm/day (dscf/day) of the section, the sampling time shall be at 133

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least 4 hours. Method 1 shall be used to For the moisture content, two samples select the sampling site. The sampling of at least 0.10 dscm (3.5 dscf) and 10 point in the duct shall be at the cen- minutes shall be taken at the begin- troid of the cross-section if the area is ning of the 4-hour run and near the end less than 5 m2 (54 ft2) or at a point no of the time period. The arithmetic av- closer to the walls than 1 m (39 in.) if erage of the two runs shall be the mois- the cross-sectional area is 5 m2 or ture content for the run. more, and the centroid is more than 1 (d) To comply with § 60.646(d), the m (39 in.) from the wall. owner or operator shall obtain the in- (i) Method 6 shall be used to deter- formation required by using the moni- mine the SO2 concentration. Eight toring devices in paragraph (b) or (c) of samples of 20 minutes each shall be this section. taken at 30-minute intervals. The arithmetic average shall be the con- [54 FR 6679, Feb. 14, 1989, as amended at 65 centration for the run. The concentra- FR 61773, Oct. 17, 2000] tion shall be multiplied by 0.5 × 10¥3 to convert the results to sulfur equiva- § 60.645 [Reserved] lent. (ii) Method 15 shall be used to deter- § 60.646 Monitoring of emissions and mine the TRS concentration from re- operations. duction-type devices or where the oxy- (a) The owner or operator subject to gen content of the effluent gas is less the provisions of § 60.642 (a) or (b) shall than 1.0 percent by volume. The sam- install, calibrate, maintain, and oper- pling rate shall be at least 3 liters/min ate monitoring devices or perform (0.1 ft3/min) to insure minimum resi- measurements to determine the fol- dence time in the sample line. Sixteen lowing operations information on a samples shall be taken at 15-minute in- daily basis: tervals. The arithmetic average of all (1) The accumulation of sulfur prod- the samples shall be the concentration uct over each 24-hour period: The moni- for the run. The concentration in ppm toring method may incorporate the use reduced sulfur as sulfur shall be multi- of an instrument to measure and × ¥3 plied by 1.333 10 to convert the re- record the liquid sulfur production sults to sulfur equivalent. rate, or may be a procedure for meas- (iii) Method 16A or 15 shall be used to uring and recording the sulfur liquid determine the reduced sulfur con- levels in the storage tanks with a level centration from oxidation-type devices indicator or by manual soundings, with or where the oxygen content of the ef- subsequent calculation of the sulfur fluent gas is greater than 1.0 percent production rate based on the tank ge- by volume. Eight samples of 20 minutes ometry, stored sulfur density, and each shall be taken at 30-minute inter- elapsed time between readings. The vals. The arithmetic average shall be method shall be designed to be accu- the concentration for the run. The con- ± centration in ppm reduced sulfur as rate within 2 percent of the 24-hour sulfur shall be multiplied by 1.333 × sulfur accumulation. 10¥3 to convert the results to sulfur (2) The H2S concentration in the acid equivalent. gas from the sweetening unit for each (iv) Method 2 shall be used to deter- 24-hour period: At least one sample per mine the volumetric flow rate of the 24-hour period shall be collected and effluent gas. A velocity traverse shall analyzed using the method specified in be conducted at the beginning and end § 60.644(b)(1). The Administrator may of each run. The arithmetic average of require the owner or operator to dem- the two measurements shall be used to onstrate that the H2S concentration calculate the volumetric flow rate (Qsd) obtained from one or more samples for the run. For the determination of over a 24-hour period is within ±20 per- the effluent gas molecular weight, a cent of the average of 12 samples col- single integrated sample over the 4- lected at equally spaced intervals dur- hour period may be taken and analyzed ing the 24-hour period. In instances or grab samples at 1-hour intervals where the H2S concentration of a single may be taken, analyzed, and averaged. sample is not within ±20 percent of the

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average of the 12 equally spaced sam- When performance tests are conducted ples, the Administrator may require a under the provision of § 60.8 to dem- more frequent sampling schedule. onstrate compliance with the stand- (3) The average acid gas flow rate ards under § 60.642, the temperature of from the sweetening unit: The owner or the gas leaving the incinerator com- operator shall install and operate a bustion zone shall be determined using monitoring device to continuously the monitoring device. If the volu- measure the flow rate of acid gas. The metric ratio of sulfur dioxide to sulfur monitoring device reading shall be re- dioxide plus total reduced sulfur (ex- corded at least once per hour during pressed as SO2) in the gas leaving the each 24-hour period. The average acid incinerator is ≤0.98, then temperature gas flow rate shall be computed from monitoring may be used to dem- the individual readings. onstrate that sulfur dioxide emission (4) The sulfur feed rate (X): For each monitoring is sufficient to determine 24-hour period, X shall be computed total sulfur emissions. At all times using the equation in § 60.644(b)(3). during the operation of the facility, the (5) The required sulfur dioxide emis- owner or operator shall maintain the sion reduction efficiency for the 24- average temperature of the gas leaving hour period: The sulfur feed rate and the combustion zone of the incinerator at or above the appropriate level deter- the H S concentration in the acid gas 2 mined during the most recent perform- for the 24-hour period as applicable, ance test to ensure the sulfur com- shall be used to determine the required pound oxidation criteria are met. Oper- reduction efficiency in accordance with ation at lower average temperatures the provisions of § 60.642(b). may be considered by the Adminis- (b) Where compliance is achieved trator to be unacceptable operation through the use of an oxidation control and maintenance of the affected facil- system or a reduction control system ity. The owner or operator may request followed by a continually operated in- that the minimum incinerator tem- cineration device, the owner or oper- perature be reestablished by con- ator shall install, calibrate, maintain, ducting new performance tests under and operate monitoring devices and § 60.8. continuous emission monitors as fol- (3) Upon promulgation of a perform- lows: ance specification of continuous moni- (1) A continuous monitoring system toring systems for total reduced sulfur to measure the total sulfur emission compounds at sulfur recovery plants, rate (E) of SO2 in the gases discharged the owner or operator may, as an alter- to the atmosphere. The SO2 emission native to paragraph (b)(2) of this sec- rate shall be expressed in terms of tion, install, calibrate, maintain, and equivalent sulfur mass flow rates (kg/ operate a continuous emission moni- hr (lb/hr)). The span of this monitoring toring system for total reduced sulfur system shall be set so that the equiva- compounds as required in paragraph (d) lent emission limit of § 60.642(b) will be of this section in addition to a sulfur between 30 percent and 70 percent of dioxide emission monitoring system. the measurement range of the instru- The sum of the equivalent sulfur mass ment system. emission rates from the two moni- (2) Except as provided in paragraph toring systems shall be used to com- (b)(3) of this section: A monitoring de- pute the total sulfur emission rate (E). vice to measure the temperature of the (c) Where compliance is achieved gas leaving the combustion zone of the through the use of a reduction control incinerator, if compliance with system not followed by a continually § 60.642(a) is achieved through the use operated incineration device, the of an oxidation control system or a re- owner or operator shall install, cali- duction control system followed by a brate, maintain, and operate a contin- continually operated incineration de- uous monitoring system to measure vice. The monitoring device shall be the emission rate of reduced sulfur certified by the manufacturer to be ac- compounds as SO2 equivalent in the curate to within ±1 percent of the tem- gases discharged to the atmosphere. perature being measured. The SO2 equivalent compound emission 135

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rate shall be expressed in terms of X = The sulfur feed rate in the acid gas, Mg/ equivalent sulfur mass flow rates (kg/ D (LT/D). hr (lb/hr)). The span of this monitoring (f) The monitoring devices required system shall be set so that the equiva- in paragraphs (b)(1), (b)(3) and (c) of lent emission limit of § 60.642(b) will be this section shall be calibrated at least between 30 and 70 percent of the meas- annually according to the manufactur- urement range of the system. This re- er’s specifications, as required by quirement becomes effective upon pro- § 60.13(b). mulgation of a performance specifica- (g) The continuous emission moni- tion for continuous monitoring sys- toring systems required in paragraphs tems for total reduced sulfur com- (b)(1), (b)(3), and (c) of this section pounds at sulfur recovery plants. shall be subject to the emission moni- (d) For those sources required to toring requirements of § 60.13 of the comply with paragraph (b) or (c) of this General Provisions. For conducting the section, the average sulfur emission re- continuous emission monitoring sys- duction efficiency achieved (R) shall be tem performance evaluation required calculated for each 24-hour clock inter- by § 60.13(c), Performance Specification nal. The 24-hour interval may begin 2 shall apply, and Method 6 shall be and end at any selected clock time, but used for systems required by paragraph must be consistent. The 24-hour aver- (b) of this section. age reduction efficiency (R) shall be [50 FR 40160, Oct. 1, 1985, as amended at 54 FR computed based on the 24-hour average 6680, Feb. 14, 1989; 65 FR 61774, Oct. 17, 2000] sulfur production rate (S) and sulfur emission rate (E), using the equation in § 60.647 Recordkeeping and reporting § 60.644(c)(1). requirements. (1) Data obtained from the sulfur pro- (a) Records of the calculations and duction rate monitoring device speci- measurements required in §§ 60.642 (a) fied in paragraph (a) of this section and (b) and 60.646 (a) through (g) must shall be used to determine S. be retained for at least 2 years fol- (2) Data obtained from the sulfur lowing the date of the measurements emission rate monitoring systems spec- by owners and operators subject to this ified in paragraphs (b) or (c) of this sec- subpart. This requirement is included tion shall be used to calculate a 24- under § 60.7(d) of the General Provi- hour average for the sulfur emission sions. rate (E). The monitoring system must (b) Each owner or operator shall sub- provide at least one data point in each mit a written report of excess emis- successive 15-minute interval. At least sions to the Administrator semiannu- two data points must be used to cal- ally. For the purpose of these reports, culate each 1-hour average. A min- excess emissions are defined as: imum of 18 1-hour averages must be (1) Any 24-hour period (at consistent used to compute each 24-hour average. intervals) during which the average (e) In lieu of complying with (b) or (c) sulfur emission reduction efficiency (R) of this section, those sources with a de- is less than the minimum required effi- sign capacity of less than 152 Mg/D (150 ciency (Z). LT/D) of H2S expressed as sulfur may (2) For any affected facility electing calculate the sulfur emission reduction to comply with the provisions of efficiency achieved for each 24-hour pe- § 60.646(b)(2), any 24-hour period during riod by: which the average temperature of the gases leaving the combustion zone of = KS2 an incinerator is less than the appro- R priate operating temperature as deter- X mined during the most recent perform- Where: ance test in accordance with the provi- R = The sulfur dioxide removal efficiency sions of § 60.646(b)(2). Each 24-hour pe- achieved during the 24-hour period, per- riod must consist of at least 96 tem- cent. perature measurements equally spaced K2 = Conversion factor, 0.02400 Mg/D per kg/ hr (0.01071 LT/D per lb/hr). over the 24 hours. S = The sulfur production rate during the 24- (c) To certify that a facility is ex- hour period, kg/hr (lb/hr). empt from the control requirements of

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these standards, each owner or oper- as necessary; dissolve iodine in con- ator of a facility with a design capacity centrated KI solution, make up to less that 2 LT/D of H2S in the acid gas proper volume, and store in glass- (expressed as sulfur) shall keep, for the stoppered brown glass bottle. life of the facility, an analysis dem- (2) Standard iodine solution, 1 ml = onstrating that the facility’s design ca- 0.001771 g I. Transfer 33.7 ml of above pacity is less than 2 LT/D of H2S ex- 0.1N stock solution into a 250 ml volu- pressed as sulfur. metric flask; add water to mark and (d) Each owner or operator who mix well. Then, for 100 ml sample of elects to comply with § 60.646(e) shall keep, for the life of the facility, a gas, 1 ml of standard iodine solution is record demonstrating that the facili- equivalent to 100 grains H2S per cubic ty’s design capacity is less than 150 LT/ feet of gas. (3) Starch solution. Rub into a thin D of H2S expressed as sulfur. (e) The requirements of paragraph (b) paste about one teaspoonful of wheat of this section remain in force until starch with a little water; pour into and unless EPA, in delegating enforce- about a pint of boiling water; stir; let ment authority to a State under sec- cool and decant off clear solution. tion 111(c) of the Act, approves report- Make fresh solution every few days. ing requirements or an alternative (d) Procedure. Fill leveling bulb with means of compliance surveillance starch solution. Raise (L), open cock adopted by such State. In that event, (G), open (F) to (A), and close (F) when affected sources within the State will solutions starts to run out of gas inlet. be relieved of obligation to comply Close (G). Purge gas sampling line and with paragraph (b) of this section, pro- connect with (A). Lower (L) and open vided that they comply with the re- (F) and (G). When liquid level is several quirements established by the State. ml past the 100 ml mark, close (G) and § 60.648 Optional procedure for meas- (F), and disconnect sampling tube. uring hydrogen sulfide in acid gas— Open (G) and bring starch solution to Tutwiler Procedure. 1 100 ml mark by raising (L); then close (a) When an instantaneous sample is (G). Open (F) momentarily, to bring desired and H2S concentration is ten gas in burette to atmospheric pressure, grains per 1000 cubic foot or more, a 100 and close (F). Open (G), bring liquid ml Tutwiler burette is used. For con- level down to 10 ml mark by lowering centrations less than ten grains, a 500 (L). Close (G), clamp rubber tubing ml Tutwiler burette and more dilute near (E) and disconnect it from bu- solutions are used. In principle, this rette. Rinse graduated cylinder with a method consists of titrating hydrogen standard iodine solution (0.00171 g I per sulfide in a gas sample directly with a ml); fill cylinder and record reading. standard solution of iodine. Introduce successive small amounts of (b) Apparatus. (See Figure 1.) A 100 or iodine thru (F); shake well after each 500 ml capacity Tutwiler burette, with addition; continue until a faint perma- two-way glass stopcock at bottom and three-way stopcock at top which con- nent blue color is obtained. Record nect either with inlet tubulature or reading; subtract from previous read- glass-stoppered cylinder, 10 ml capac- ing, and call difference D. ity, graduated in 0.1 ml subdivision; (e) With every fresh stock of starch rubber tubing connecting burette with solution perform a blank test as fol- leveling bottle. lows: introduce fresh starch solution (c) Reagents. (1) Iodine stock solution, into burette up to 100 ml mark. Close 0.1N. Weight 12.7 g iodine, and 20 to 25 (F) and (G). Lower (L) and open (G). g cp potassium iodide for each liter of When liquid level reaches the 10 ml solution. Dissolve KI in as little water mark, close (G). With air in burette, ti- trate as during a test and up to same 1 Gas Engineers Handbook, Fuel Gas Engi- end point. Call ml of iodine used C. neering Practices, The Industrial Press, 93 Then, Worth Street, New York, NY, 1966, First Edi- tion, Second Printing, page 6/25 (Docket A– Grains H2S per 100 cubic foot of gas = 80–20–A, Entry II–I–67). 100 (D—C)

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(f) Greater sensitivity can be at- § 60.660 Applicability and designation tained if a 500 ml capacity Tutwiler bu- of affected facility. rette is used with a more dilute (0.001N) (a) The provisions of this subpart iodine solution. Concentrations less apply to each affected facility des- than 1.0 grains per 100 cubic foot can be ignated in paragraph (b) of this section determined in this way. Usually, the that is part of a process unit that pro- starch-iodine end point is much less duces any of the chemicals listed in distinct, and a blank determination of § 60.667 as a product, co-product, by- end point, with H2S-free gas or air, is product, or intermediate, except as required. provided in paragraph (c). (b) The affected facility is any of the following for which construction, modification, or reconstruction commenced after December 30, 1983: (1) Each distillation unit not discharging its vent stream into a recovery system. (2) Each combination of a distillation unit and the recovery system into which its vent stream is discharged. (3) Each combination of two or more distillation units and the common recovery system into which their vent streams are discharged. (c) Exemptions from the provisions of paragraph (a) of this section are as follows: (1) Any distillation unit operating as part of a process unit which produces coal tar or beverage alcohols, or which uses, contains, and produces no VOC is not an affected facility. (2) Any distillation unit that is subject to the provisions of subpart DDD is not an affected facility. (3) Any distillation unit that is designed and operated as a batch operation is not an affected facility. (4) Each affected facility that has a total resource effectiveness (TRE) FIGURE 1. TUTWILER BURETTE (LETTERED index value greater than 8.0 is exempt ITEMS MENTIONED IN TEXT) from all provisions of this subpart except for §§ 60.662; 60.664 (e), (f), and (g); Subpart MMM [Reserved] and 60.665 (h) and (l). (5) Each affected facility in a process Subpart NNN—Standards of Per- unit with a total design capacity for all chemicals produced within that unit of formance for Volatile Organic less than one gigagram per year is ex- Compound (VOC) Emissions empt from all provisions of this sub- From Synthetic Organic part except for the recordkeeping and Chemical Manufacturing In- reporting requirements in paragraphs dustry (SOCMI) Distillation Op- (j), (l)(6), and (n) of § 60.665. erations (6) Each affected facility operated with a vent stream flow rate less than 0.008 scm/min is exempt from all provi- SOURCE: 55 FR 26942, June 29, 1990, unless sions of this subpart except for the test otherwise noted. method and procedure and the recordkeeping and reporting requirements in

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§ 60.664(g) and paragraphs (i), (l)(5), and (BDT). The numerical emission limits in (o) of § 60.665. these standards are expressed in terms of (d) Alternative means of compliance— total organic compounds (TOC), measured as (1) Option to comply with part 65. Owners TOC less methane and ethane. This emission limit reflects the performance of BDT. or operators of process vents that are subject to this subpart may choose to [55 FR 26942, June 29, 2000, as amended at 65 comply with the provisions of 40 CFR FR 78279, Dec. 14, 2000; 79 FR 11251, Feb. 27, part 65, subpart D, to satisfy the re- 2014] quirements of §§ 60.662 through 60.665 § 60.661 Definitions. and 60.668. The provisions of 40 CFR part 65 also satisfy the criteria of para- As used in this subpart, all terms not graphs (c)(4) and (6) of this section. defined here shall have the meaning Other provisions applying to an owner given them in the Act and in subpart A or operator who chooses to comply of part 60, and the following terms with 40 CFR part 65 are provided in 40 shall have the specific meanings given CFR 65.1. them. (2) Part 60, subpart A. Owners or oper- Batch distillation operation means a ators who choose to comply with 40 noncontinuous distillation operation in CFR part 65, subpart D, must also com- which a discrete quantity or batch of ply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) liquid feed is charged into a distilla- and (4), 60.14, 60.15, and 60.16 for those tion unit and distilled at one time. process vents. All sections and para- After the initial charging of the liquid feed, no additional liquid is added dur- graphs of subpart A of this part that ing the distillation operation. are not mentioned in this paragraph Boiler means any enclosed combus- (d)(2) do not apply to owners or operation device that extracts useful energy tors of process vents complying with 40 in the form of steam. CFR part 65, subpart D, except that By compound means by individual provisions required to be met prior to stream components, not carbon equiva- implementing 40 CFR part 65 still lents. apply. Owners and operators who Continuous recorder means a data re- choose to comply with 40 CFR part 65, cording device recording an instanta- subpart D, must comply with 40 CFR neous data value at least once every 15 part 65, subpart A. minutes. (3) Compliance date. Owners or opera- Distillation operation means an oper- tors who choose to comply with 40 CFR ation separating one or more feed part 65, subpart D, at initial startup stream(s) into two or more exit shall comply with paragraphs (d)(1) and stream(s), each exit stream having (2) of this section for each vent stream component concentrations different on and after the date on which the ini- from those in the feed stream(s). The tial performance test is completed, but separation is achieved by the redis- not later than 60 days after achieving tribution of the components between the maximum production rate at which the liquid and vapor-phase as they ap- the affected facility will be operated, proach equilibrium within the distilla- or 180 days after the initial startup, tion unit. whichever date comes first. Distillation unit means a device or (4) Initial startup notification. Each vessel in which distillation operations owner or operator subject to the provi- occur, including all associated sions of this subpart that chooses to internals (such as trays or packing) comply with 40 CFR part 65, subpart D, and accessories (such as reboiler, con- at initial startup shall notify the Ad- denser, vacuum pump, steam jet, etc.), ministrator of the specific provisions plus any associated recovery system. of 40 CFR 65.63(a)(1), (2), or (3), with Flame zone means the portion of the which the owner or operator has elect- combustion chamber in a boiler occu- ed to comply. Notification shall be sub- pied by the flame envelope. mitted with the notifications of initial Flow indicator means a device which startup required by 40 CFR 65.5(b). indicates whether gas flow is present in NOTE: The intent of these standards is to a vent stream. minimize the emissions of VOC through the Halogenated vent stream means any application of best demonstrated technology vent stream determined to have a total

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concentration (by volume) of com- tion vent stream, based on vent stream pounds containing halogens of 20 ppmv flow rate, emission rate of TOC net (by compound) or greater. heating value, and corrosion properties Incinerator means any enclosed com- (whether or not the vent stream is hal- bustion device that is used for destroy- ogenated), as quantified by the equa- ing organic compounds and does not tion given under § 60.664(e). extract energy in the form of steam or Vent stream means any gas stream process heat. discharged directly from a distillation Process heater means a device that facility to the atmosphere or indirectly transfers heat liberated by burning fuel to the atmosphere after diversion to fluids contained in tubes, including through other process equipment. The all fluids except water that is heated to vent stream excludes relief valve dis- produce steam. charges and equipment leaks including, Process unit means equipment assem- but not limited to, pumps, compres- bled and connected by pipes or ducts to sors, and valves. produce, as intermediates or final products, one or more of the chemicals in § 60.662 Standards. § 60.667. A process unit can operate Each owner or operator of any af- independently if supplied with suffi- fected facility shall comply with para- cient fuel or raw materials and suffi- graph (a), (b), or (c) of this section for cient product storage facilities. each vent stream on and after the date Product means any compound or on which the initial performance test chemical listed in § 60.667 that is pro- required by §§ 60.8 and 60.664 is com- duced for sale as a final product as that pleted, but not later than 60 days after chemical, or for use in the production achieving the maximum production of other chemicals or compounds. By- rate at which the affected facility will products, co-products, and intermedi- be operated, or 180 days after the ini- ates are considered to be products. tial start-up, whichever date comes Recovery device means an individual first. Each owner or operator shall ei- unit of equipment, such as an absorber, ther: carbon adsorber, or condenser, capable (a) Reduce emissions of TOC (less of and used for the purpose of recov- methane and ethane) by 98 weight-per- ering chemicals for use, reuse, or sale. cent, or to a TOC (less methane and Recovery system means an individual ethane) concentration of 20 ppmv, on a recovery device or series of such de- dry basis corrected to 3 percent oxy- vices applied to the same vent stream. gen, whichever is less stringent. If a Total organic compounds (TOC) means boiler or process heater is used to com- those compounds measured according ply with this paragraph, then the vent to the procedures in § 60.664(b)(4). For stream shall be introduced into the the purposes of measuring molar com- flame zone of the boiler or process position as required in § 60.664(d)(2)(i); heater; or hourly emissions rate as required in (b) Combust the emissions in a flare § 60.664(d)(5) and § 60.664(e); and TOC that meets the requirements of § 60.18; concentration as required in or § 60.665(b)(4) and § 60.665(g)(4), those (c) Maintain a TRE index value compounds which the Administrator greater than 1.0 without use of VOC has determined do not contribute ap- emission control devices. preciably to the formation of ozone are to be excluded. The compounds to be § 60.663 Monitoring of emissions and excluded are identified in Environ- operations. mental Protection Agency’s state- (a) The owner or operator of an af- ments on ozone abatement policy for fected facility that uses an incinerator State Implementation Plans (SIP) revi- to seek to comply with the TOC emissions (42 FR 35314; 44 FR 32042; 45 FR sion limit specified under § 60.662(a) 32424; 45 FR 48942). shall install, calibrate, maintain, and TRE index value means a measure of operate according to manufacturer’s the supplemental total resource re- specifications the following equipment: quirement per unit reduction of TOC (1) A temperature monitoring device associated with an individual distilla- equipped with a continuous recorder

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and having an accuracy of ±1 percent of uous recorder and having an accuracy the temperature being monitored ex- of ±1 percent of the temperature being pressed in degrees Celsius or ±0.5 °C, measured expressed in degrees Celsius whichever is greater. or ±0.5 °C, whichever is greater, for (i) Where an incinerator other than a boilers or process heaters of less than catalytic incinerator is used, a tem- 44 MW (150 million Btu/hr) heat input perature monitoring device shall be in- design capacity. stalled in the firebox. (d) Monitor and record the periods of (ii) Where a catalytic incinerator is operation of the boiler or process heat- used, temperature monitoring devices er if the design heat input capacity of shall be installed in the gas stream im- the boiler or process heater is 44 MW mediately before and after the catalyst (150 million Btu/hr) or greater. The bed. records must be readily available for (2) A flow indicator that provides a inspection. record of vent stream flow to the incin- (e) The owner or operator of an af- erator at least once every hour for each fected facility that seeks to comply affected facility. The flow indicator with the TRE index value limit speci- shall be installed in the vent stream fied under § 60.662(c) shall install, cali- from each affected facility at a point brate, maintain, and operate according closest to the inlet of each incinerator to manufacturer’s specifications the and before being joined with any other following equipment, unless alter- vent stream. native monitoring procedures or re- (b) The owner or operator of an af- quirements are approved for that facil- fected facility that uses a flare to seek ity by the Administrator: to comply with § 60.662(b) shall install, (1) Where an absorber is the final re- calibrate, maintain and operate ac- covery device in the recovery system: cording to manufacturer’s specifica- (i) A scrubbing liquid temperature tions the following equipment: monitoring device having an accuracy (1) A heat sensing device, such as an of ±1 percent of the temperature being ultra-violet beam sensor or thermo- monitored expressed in degrees Celsius couple, at the pilot light to indicate or ±0.5 °C, whichever is greater, and a the continuous presence of a flame. specific gravity monitoring device hav- (2) A flow indicator that provides a ing an accuracy of ±0.02 specific gravity record of vent stream flow to the flare units, each equipped with a continuous at least once every hour for each af- recorder, or fected facility. The flow indicator shall (ii) An organic monitoring device be installed in the vent stream from used to indicate the concentration each affected facility at a point closest level of organic compounds exiting the to the flare and before being joined recovery device based on a detection with any other vent stream. principle such as infrared, (c) The owner or operator of an af- photoionization, or thermal conduc- fected facility that uses a boiler or tivity, each equipped with a continuous process heater to seek to comply with recorder. § 60.662(a) shall install, calibrate, main- (2) Where a condenser is the final retain and operate according to the man- covery device in the recovery system: ufacturer’s specifications the following (i) A condenser exit (product side) equipment: temperature monitoring device (1) A flow indicator that provides a equipped with a continuous recorder record of vent stream flow to the boiler and having an accuracy of ±1 percent of or process heater at least once every the temperature being monitored ex- hour for each affected facility. The pressed in degrees Celsius or ±0.5 °C, flow indicator shall be installed in the whichever is greater, or vent stream from each distillation unit (ii) An organic monitoring device within an affected facility at a point used to monitor organic compounds closest to the inlet of each boiler or exiting the recovery device based on a process heater and before being joined detection principle such as infra-red, with any other vent stream. photoionization, or thermal conduc- (2) A temperature monitoring device tivity, each equipped with a continuous in the firebox equipped with a contin- recorder.

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(3) Where a carbon adsorber is the prior to the inlet of the control device final recovery device unit in the recov- and after the recovery system. ery system: (2) Method 2, 2A, 2C, or 2D, as appro- (i) An integrating steam flow moni- priate, for determination of the gas toring device having an accuracy of ±10 volumetric flow rates. percent, and a carbon bed temperature (3) The emission rate correction fac- monitoring device having an accuracy tor, integrated sampling and analysis of ±1 percent of the temperature being procedure of Method 3 shall be used to monitored expressed in degrees Celsius determine the oxygen concentration ± ° or 0.5 C, whichever is greater, both (%O2d) for the purposes of determining equipped with a continuous recorder, compliance with the 20 ppmv limit. or The sampling site shall be the same as (ii) An organic monitoring device that of the TOC samples, and the sam- used to indicate the concentration ples shall be taken during the same level of organic compounds exiting the time that the TOC samples are taken. recovery device based on a detection The TOC concentration corrected to 3 principle such as infra-red, percent 02 (Cc) shall be computed using photoionization, or thermal conduc- the following equation: tivity, each equipped with a continuous recorder. 17. 9 (f) An owner or operator of an af- CC= c TOC − fected facility seeking to demonstrate 20.% 9 O2d compliance with the standards speci- where: fied under § 60.662 with control devices C = Concentration of TOC corrected to 3 per- other than incinerator, boiler, process c cent O2, dry basis, ppm by volume. heater, or flare; or recovery device CTOC = Concentration of TOC (minus meth- other than an absorber, condenser, or ane and ethane), dry basis, ppm by vol- carbon adsorber shall provide to the ume. Administrator information describing %O2d = Concentration of O2, dry basis, per- the operation of the control device or cent by volume. recovery device and the process param- (4) Method 18 to determine the con- eter(s) which would indicate proper op- centration of TOC in the control device eration and maintenance of the device. outlet and the concentration of TOC in The Administrator may request further the inlet when the reduction efficiency information and will specify appro- of the control device is to be deter- priate monitoring procedures or re- mined. quirements. (i) The sampling time for each run [55 FR 26942, June 29, 1990, as amended at 65 shall be 1 hour in which either an inte- FR 61774, Oct. 17, 2000] grated sample or four grab samples shall be taken. If grab sampling is used § 60.664 Test methods and procedures. then the samples shall be taken at 15- (a) For the purpose of demonstrating minute intervals. compliance with § 60.662, all affected fa- (ii) The emission reduction (R) of cilities shall be run at full operating TOC (minus methane and ethane) shall conditions and flow rates during any be determined using the following performance test. equation: (b) The following methods in appen- EE− dix A to this part, except as provided R= io×100 under § 60.8(b), shall be used as reference methods to determine compli- Ei ance with the emission limit or percent where: reduction efficiency specified under R = Emission reduction, percent by weight. § 60.662(a). Ei = Mass rate of TOC entering the control (1) Method 1 or 1A, as appropriate, for device, kg/hr (lb/hr). selection of the sampling sites. The Eo = Mass rate of TOC discharged to the at- control device inlet sampling site for mosphere, kg/hr (lb/hr). determination of vent stream molar (iii) The mass rates of TOC (Ei, Eo) composition or TOC (less methane and shall be computed using the following ethane) reduction efficiency shall be equations:

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the gas combusted to determine com- ⎛ n ⎞ pliance under § 60.662(b) and for deter- = EKiijij2 ⎜∑ CMQ⎟ i mining the process vent stream TRE ⎝ j=1 ⎠ index value to determine compliance under § 60.662(c). ⎛ n ⎞ (1)(i) Method 1 or 1A, as appropriate, = EKOojoj2 ⎜∑ CMQ⎟ O for selection of the sampling site. The ⎝ j=1 ⎠ sampling site for the vent stream flow rate and molar composition determina- where: tion prescribed in § 60.664(e)(2) and (3) Cij, Coj = Concentration of sample component shall be, except for the situations out- ‘‘j’’ of the gas stream at the inlet and lined in paragraph (e)(1)(ii) of this sec- outlet of the control device, respectively, dry basis, ppm by volume. tion, prior to the inlet of any control device, prior to any post-distillation Mij, Moj = Molecular weight of sample component ‘‘j’’ of the gas stream at the inlet dilution of the stream with air, and and outlet of the control device, respec- prior to any post-distillation introduc- tively, g/g-mole (lb/lb-mole). tion of halogenated compounds into Qi, Qo = Flow rate of gas stream at the inlet the process vent stream. No transverse and outlet of the control device, respec- site selection method is needed for tively, dscm/min (dscf/min). ¥6 vents smaller than 10 centimeters (4 K2 = 2.494 × 10 (1/ppm)(g-mole/scm) (kg/g) (min/hr) (metric units), where standard inches) in diameter. temperature for (g-mole/scm) is 20 °C. (ii) If any gas stream other than the = 1.557 × 10¥7 (1/ppm) (lb-mole/scf) (min/hr) distillation vent stream from the af- (English units), where standard tempera- fected facility is normally conducted ture for (lb-mole/scf) is 68 °F. through the final recovery device.

(iv) The TOC concentration (CTOC) is (A) The sampling site for vent stream the sum of the individual components flow rate and molar composition shall and shall be computed for each run be prior to the final recovery device using the following equation: and prior to the point at which the nondistillation stream is introduced. n (B) The efficiency of the final recov- = CCTOC∑ j ery device is determined by measuring j=1 the TOC concentration using Method 18 where: at the inlet to the final recovery device after the introduction of any nondis- CTOC = Concentration of TOC (minus methane and ethane), dry basis, ppm by vol- tillation vent stream and at the outlet ume. of the final recovery device. Cj = Concentration of sample components (C) This efficiency is applied to the ‘‘j’’, dry basis, ppm by volume. TOC concentration measured prior to n = Number of components in the sample. the final recovery device and prior to (c) When a boiler or process heater the introduction of the nondistillation with a design heat input capacity of 44 stream to determine the concentration MW (150 million Btu/hour) or greater is of TOC in the distillation vent stream used to seek to comply with § 60.662(a), from the final recovery device. This the requirement for an initial perform- concentration of TOC is then used to ance test is waived, in accordance with perform the calculations outlined in § 60.8(b). However, the Administrator § 60.664(e)(4) and (5). reserves the option to require testing (2) The molar composition of the at such other times as may be required, process vent stream shall be deter- as provided for in section 114 of the mined as follows: Act. (i) Method 18 to measure the con- (d) When a flare is used to seek to centration of TOC including those con- comply with § 60.662(b), the flare shall taining halogens. comply with the requirements of § 60.18. (ii) ASTM D1946–77 or 90 (Reapproved (e) The following test methods in ap- 1994) (incorporation by reference as pendix A to this part, except as pro- specified in § 60.17 of this part) to meas- vided under § 60.8(b), shall be used for ure the concentration of carbon mon- determining the net heating value of oxide and hydrogen.

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(iii) Method 4 to measure the content of water vapor. ⎡ n ⎤ = ⎢ ⎥ (3) The volumetric flow rate shall be EKCMQTOC2 ∑ j js determined using Method 2, 2A, 2C, or ⎣⎢ j=1 ⎦⎥ 2D, as appropriate. (4) The net heating value of the vent where: stream shall be calculated using the ETOC = Measured emission rate of TOC, kg/hr following equation: (lb/hr). ¥6 K2 = 2.494 × 10 (1/ppm) (g-mole/scm) (kg/g) (min/hr) (metric units), where standard ⎛ n ⎞ = temperature for (g-mole/scm) is 20 °C. HKTj1⎜∑ CHj⎟ = 1.557 × 10¥7 (1/ppm) (lb-mole/scf) (min/hr) ⎝ j=1 ⎠ (English units), where standard temperature for (lb-mole/scf) is 68 °F. where: Cj = Concentration on a wet basis of com- HT = Net heating value of the sample, MJ/ pound j in ppm, as measured by Method scm (Btu/scf), where the net enthalpy per 18 as indicated in § 60.664(e)(2). mole of vent stream is based on combus- M = Molecular weight of sample j, g/g-mole tion at 25 °C and 760 mm Hg (77 °F and 30 j (lb/lb-mole). in. Hg), but the standard temperature for Qs = Vent stream flow rate, scm/min (scf/ determining the volume corresponding to ° ° one mole is 20 °C (68 °F). min), at a temperature of 20 C (68 F). × ¥7 K1 = 1.74 10 (1/ppm) (g-mole/scm) (MJ/ (6) The total process vent stream kcal) (metric units), where standard tem- concentration (by volume) of com- perature for (g-mole/scm) is 20 °C. = 1.03 × 10¥11 (1/ppm) (lb-mole/scf) (Btu/ pounds containing halogens (ppmv, by kcal) (English units) where standard compound) shall be summed from the temperature for (lb/mole/scf) is 68 °F. individual concentrations of com- Cj = Concentration on a wet basis of compounds containing halogens which were pound j in ppm, as measured for organics measured by Method 18. by Method 18 and measured for hydrogen (f) For purposes of complying with and carbon monoxide by ASTM D1946–77 § 60.662(c) the owner or operator of a fa- or 90 (Reapproved 1994) (incorporation by reference as specified in § 60.17 of this cility affected by this subpart shall part) as indicated in § 60.664(e)(2). calculate the TRE index value of the Hj = Net heat of combustion of compound j, vent stream using the equation for in- kcal/(g-mole) [kcal/(lb-mole)], based on cineration in paragraph (e)(1) of this combustion at 25 °C and 760 mm Hg (77 °F section for halogenated vent streams. and 30 in. Hg). The owner or operator of an affected The heats of combustion of vent facility with a nonhalogenated vent stream components would be required stream shall determine the TRE index to be determined using ASTM D2382–76 value by calculating values using both (incorporation by reference as specified the incinerator equation in (e)(1) and in § 60.17 of this part) if published val- the flare equation in (e)(2) of this sec- ues are not available or cannot be cal- tion and selecting the lower of the two culated. values. (5) The emission rate of TOC in the (1) The equation for calculating the vent stream shall be calculated using TRE index value of a vent stream con- the following equation: trolled by an incinerator is as follows:

=+1 ⎡ ()088..+ ()+ ()()+ () 088()088. + (()05. ⎤ TRE ⎣abQsssTsTs cQ dQH eQ H fY ⎦ ETOC

(i) Where for a vent stream flow rate Qs = Vent stream flow rate, scm/min (scf/ that is greater than or equal to 14.2 min), at a temperature of 20 °C (68 °F). scm/min (501 scf/min) at a standard HT = Vent stream net heating value, MJ/scm temperature of 20 °C (68 °F): (Btu/scf), where the net enthalpy per mole of vent stream is based on combus- TRE = TRE index value. tion at 25 °C and 760 mm Hg (68 °F and 30

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in. Hg), but the standard temperature for ETOC = Hourly emissions of TOC, kg/hr (lb/ determining the volume corresponding to hr). one mole is 20 °C (68 °F) as in the defini- a, b, c, d, e, and f are coefficients. tion of Qs. The set of coefficients that apply to a Ys = Qs for all vent stream categories listed in table 1 except for Category E vent vent stream can be obtained from table streams where Ys = QsHT/3.6. 1.

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(ii) Where for a vent stream flow rate in. Hg), but the standard temperature for that is less than 14.2 scm/min (501 scf/ determining the volume corresponding to min) at a standard temperature of 20 °C one mole is 20 °C (68 °F) as in the defini- (68 °F): tion of Qs. Ys = Qs for all vent stream categories listed TRE = TRE index value. in table 1 except for Category E vent Qs = 14.2 scm/min (501 scf/min). streams where Ys = QsHT/3.6. HT = (FLOW) (HVAL)/Qs. ETOC = Hourly emissions of TOC, kg/hr (lb/ hr). Where the following inputs are used: a, b, c, d, e, and f are coefficients FLOW = Vent stream flow rate, scm/min (scf/ min), at a temperature of 20 °C (68 °F). The set of coefficients that apply to a HVAL = Vent stream net heating value, MJ/ vent stream can be obtained from table scm (Btu/scf), where the net enthalpy per 1. mole of vent stream is based on combustion at 25 °C and 760 mm Hg (68 °F and 30

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(2) The equation for calculating the TRE index value of a vent stream controlled by a flare is as follows:

= 1 + 08. + + + TRE []aQ()s bQ() s cQ() s() H T dE() TOC e ETOC

where: tion at 25 °C and 760 mm Hg (68 °F and 30 TRE = TRE index value. in. Hg), but the standard temperature for determining the volume corresponding to ETOC = Hourly emissions of TOC, kg/hr (lb/ hr). one mole is 20 °C (68 °F) as in the definition of Q . Qs = Vent stream flow rate, scm/min (scf/ s min), at a standard temperature of 20 °C a, b, c, d, and e are coefficients. (68 °F). The set of coefficients that apply to a HT = Vent stream net heating value, MJ/scm (Btu/scf), where the net enthalpy per vent stream shall be obtained from mole of vent stream is based on combus- table 2.

TABLE 2—DISTILLATION NSPS TRE COEFFICIENTS FOR VENT STREAMS CONTROLLED BYAFLARE

a b c d e

HT < 11.2 MJ/scm ...... 2.25 0.288 ¥0.193 ¥0.0051 2.08 (HT < 301 Btu/scf) ...... (0.140) (0.0367) (¥0.000448) (¥0.0051) (4.59) HT ≥ 11.2 MJ/scm ...... 0.309 0.0619 ¥0.0043 ¥0.0034 2.08 (HT ≥ 301 Btu/scf) ...... (0.0193) (0.00788) (¥0.0000010) (¥0.0034) (4.59)

(g) Each owner or operator of an af- TRE index value is less than or equal fected facility seeking to comply with to 8.0 but greater than 1.0, the owner or § 60.660(c)(4) or § 60.662(c) shall recal- operator shall conduct a performance culate the TRE index value for that af- test in accordance with §§ 60.8 and 60.664 fected facility whenever process and shall comply with §§ 60.663, 60.664 changes are made. Examples of process and 60.665. Performance tests must be changes include changes in production conducted as soon as possible after the capacity, feedstock type, or catalyst process change but no later than 180 type, or whenever there is replacement, days from the time of the process removal, or addition of recovery equip- change. ment. The TRE index value shall be re- (h) Any owner or operator subject to calculated based on test data, or on the provisions of this subpart seeking best engineering estimates of the ef- to demonstrate compliance with fects of the change to the recovery sys- § 60.660(c)(6) shall use Method 2, 2A, 2C, tem. or 2D as appropriate, for determination (1) Where the recalculated TRE index of volumetric flow rate. value is less than or equal to 1.0, the [55 FR 26942, June 29, 1990, as amended at 65 owner or operator shall notify the Ad- FR 61774, Oct. 17, 2000] ministrator within 1 week of the recalculation and shall conduct a perform- § 60.665 Reporting and recordkeeping ance test according to the methods and requirements. procedures required by § 60.664 in order (a) Each owner or operator subject to to determine compliance with § 60.662 shall notify the Administrator § 60.662(a). Performance tests must be of the specific provisions of § 60.662 conducted as soon as possible after the (§ 60.662 (a), (b), or (c)) with which the process change but no later than 180 owner or operator has elected to com- days from the time of the process ply. Notification shall be submitted change. with the notification of initial start-up (2) Where the initial TRE index value required by § 60.7(a)(3). If an owner or is greater than 8.0 and the recalculated operator elects at a later date to use an

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alternative provision of § 60.662 with (ii) The average combustion tempera- which he or she will comply, then the ture of the boiler or process heater Administrator shall be notified by the with a design heat input capacity of owner or operator 90 days before imple- less than 44 MW (150 million Btu/hr) menting a change and, upon imple- measured at least every 15 minutes and menting the change, a performance averaged over the same time period of test shall be performed as specified by the performance testing. § 60.664 within 180 days. (3) Where an owner or operator sub- (b) Each owner or operator subject to ject to the provisions of this subpart the provisions of this subpart shall seeks to demonstrate compliance with keep an up-to-date, readily accessible § 60.662(b) through use of a smokeless record of the following data measured flare, flare design (i.e., steam-assisted, during each performance test, and also air-assisted or nonassisted), all visible include the following data in the report emission readings, heat content deter- of the initial performance test required minations, flow rate measurements, under § 60.8. Where a boiler or process and exit velocity determinations made heater with a design heat input capac- during the performance test, contin- ity of 44 MW (150 million Btu/hour) or uous records of the flare pilot flame greater is used to comply with monitoring, and records of all periods § 60.662(a), a report containing perform- of operations during which the pilot ance test data need not be submitted, flame is absent. but a report containing the informa- (4) Where an owner or operator sub- tion in § 60.665(b)(2)(i) is required. The ject to the provisions of this subpart same data specified in this section seeks to demonstrate compliance with shall be submitted in the reports of all § 60.662(c): subsequently required performance (i) Where an absorber is the final re- tests where either the emission control covery device in the recovery system, efficiency of a control device, outlet the exit specific gravity (or alternative concentration of TOC, or the TRE parameter which is a measure of the index value of a vent stream from a recovery system is determined. degree of absorbing liquid saturation, if (1) Where an owner or operator sub- approved by the Administrator), and ject to the provisions of this subpart average exit temperature, of the ab- seeks to demonstrate compliance with sorbing liquid measured at least every § 60.662(a) through use of either a ther- 15 minutes and averaged over the same mal or catalytic incinerator: time period of the performance testing (i) The average firebox temperature (both measured while the vent stream of the incinerator (or the average tem- is normally routed and constituted), or perature upstream and downstream of (ii) Where a condenser is the final re- the catalyst bed for a catalytic inciner- covery device in the recovery system, ator), measured at least every 15 min- the average exit (product side) tem- utes and averaged over the same time perature measured at least every 15 period of the performance testing, and minutes and averaged over the same (ii) The percent reduction of TOC de- time period of the performance testing termined as specified in § 60.664(b) while the vent stream is routed and achieved by the incinerator, or the con- constituted normally, or centration of TOC (ppmv, by com- (iii) Where a carbon adsorber is the pound) determined as specified in final recovery device in the recovery § 60.664(b) at the outlet of the control system, the total steam mass flow device on a dry basis corrected to 3 per- measured at least every 15 minutes and cent oxygen. averaged over the same time period of (2) Where an owner or operator sub- the performance test (full carbon bed ject to the provisions of this subpart cycle), temperature of the carbon bed seeks to demonstrate compliance with after regeneration (and within 15 min- § 60.662(a) through use of a boiler or utes of completion of any cooling process heater: cycle(s)), and duration of the carbon (i) A description of the location at bed steaming cycle (all measured while which the vent stream is introduced the vent stream is routed and con- into the boiler or process heater, and stituted normally), or

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(iv) As an alternative to § 60.665(b)(4) (3) All 3-hour periods of operation ((i), (ii) or (iii), the concentration level during which the average combustion or reading indicated by the organics temperature was more than 28 °C (50 monitoring device at the outlet of the °F) below the average combustion tem- absorber, condenser, or carbon perature during the most recent per- adsorber, measured at least every 15 formance test at which compliance minutes and averaged over the same with § 60.662(a) was determined for boil- time period of the performance testing ers or process heaters with a design while the vent stream is normally heat input capacity of less than 44 MW routed and constituted. (150 million Btu/hr). (v) All measurements and calcula- (4) For boilers or process heaters, tions performed to determine the TRE whenever there is a change in the loca- index value of the vent stream. tion at which the vent stream is intro- (c) Each owner or operator subject to duced into the flame zone as required the provisions of this subpart shall under § 60.662(a). keep up-to-date, readily accessible con- (d) Each owner or operator subject to tinuous records of the equipment oper- the provisions of this subpart shall ating parameters specified to be mon- keep up to date, readily accessible con- itored under § 60.663 (a) and (c) as well tinuous records of the flow indication as up-to-date, readily accessible specified under § 60.663(a)(2), records of periods of operation during § 60.663(b)(2) and § 60.663(c)(1), as well as which the parameter boundaries estab- up-to-date, readily accessible records of all periods when the vent stream is lished during the most recent perform- diverted from the control device or has ance test are exceeded. The Adminis- no flow rate. trator may at any time require a re- (e) Each owner or operator subject to port of these data. Where a combustion the provisions of this subpart who uses device is used to comply with a boiler or process heater with a design § 60.662(a), periods of operation during heat input capacity of 44 MW (150 mil- which the parameter boundaries estab- lion Btu/hour) or greater to comply lished during the most recent perform- with § 60.662(a) shall keep an up-to- ance tests are exceeded are defined as date, readily accessible record of all pe- follows: riods of operation of the boiler or proc- (1) For thermal incinerators, all 3- ess heater. (Examples of such records hour periods of operation during which could include records of steam use, fuel the average combustion temperature use, or monitoring data collected pur- ° ° was more than 28 C (50 F) below the suant to other State or Federal regu- average combustion temperature dur- latory requirements.) ing the most recent performance test (f) Each owner or operator subject to at which compliance with § 60.662(a) the provisions of this subpart shall was determined. keep up-to-date, readily accessible con- (2) For catalytic incinerators, all 3- tinuous records of the flare pilot flame hour periods of operation during which monitoring specified under § 60.663(b), the average temperature of the vent as well as up-to-date, readily accessible stream immediately before the cata- records of all periods of operations in lyst bed is more than 28 °C (50 °F) below which the pilot flame is absent. the average temperature of the vent (g) Each owner or operator subject to stream during the most recent per- the provisions of this subpart shall formance test at which compliance keep up-to-date, readily accessible con- with § 60.662(a) was determined. The tinuous records of the equipment oper- owner or operator also shall record all ating parameters specified to be mon- 3-hour periods of operation during itored under § 60.663(e), as well as up-to- which the average temperature dif- date, readily accessible records of peri- ference across the catalyst bed is less ods of operation during which the pa- than 80 percent of the average tempera- rameter boundaries established during ture difference of the device during the the most recent performance test are most recent performance test at which exceeded. The Administrator may at compliance with § 60.662(a) was deter- any time require a report of these data. mined. Where an owner or operator seeks to

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comply with § 60.662(c), periods of oper- where an organic compound moni- ation during which the parameter toring device is used, all 3-hour periods boundaries established during the most of operation during which the average recent performance tests are exceeded organic compound concentration level are defined as follows: or reading of organic compounds in the (1) Where an absorber is the final re- exhaust gases is more than 20 percent covery device in a recovery system, greater than the exhaust gas organic and where an organic compound moni- compound concentration level or read- toring device is not used: ing measured by the monitoring device (i) All 3-hour periods of operation during the most recent performance during which the average absorbing liq- test. uid temperature was more than 11 °C (h) Each owner or operator of an af- (20 °F) above the average absorbing liq- fected facility subject to the provisions uid temperature during the most re- of this subpart and seeking to dem- cent performance test, or onstrate compliance with § 60.662(c) (ii) All 3-hour periods of operation shall keep up-to-date, readily acces- during which the average absorbing liq- sible records of: uid specific gravity was more than 0.1 (1) Any changes in production capac- unit above, or more than 0.1 unit ity, feedstock type, or catalyst type, or below, the average absorbing liquid of any replacement, removal or addi- specific gravity during the most recent tion of recovery equipment or a dis- performance test (unless monitoring of tillation unit; an alternative parameter, which is a (2) Any recalculation of the TRE measure of the degree of absorbing liq- index value performed pursuant to uid saturation, is approved by the Ad- § 60.664(g); and ministrator, in which case he will define appropriate parameter boundaries (3) The results of any performance and periods of operation during which test performed pursuant to the meth- they are exceeded). ods and procedures required by (2) Where a condenser is the final re- § 60.664(e). covery device in a system, and where (i) Each owner or operator of an af- an organic compound monitoring de- fected facility that seeks to comply vice is not used, all 3-hour periods of with the requirements of this subpart operation during which the average by complying with the flow rate cutoff exit (product side) condenser operating in § 60.660(c)(6) shall keep up-to-date, temperature was more than 6 °C (1 1 °F) readily accessible records to indicate above the average exit (product side) that the vent stream flow rate is less operating temperature during the most than 0.008 scm/min (0.3 scf/min) and of recent performance test. any change in equipment or process op- (3) Where a carbon adsorber is the eration that increases the operating final recovery device in a system, and vent stream flow rate, including a where an organic compound moni- measurement of the new vent stream toring device is not used: flow rate. (i) All carbon bed regeneration cycles (j) Each owner or operator of an af- during which the total mass steam flow fected facility that seeks to comply was more than 10 percent below the with the requirements of this subpart total mass steam flow during the most by complying with the design produc- recent performance test, or tion capacity provision in § 60.660(c)(5) (ii) All carbon bed regeneration cy- shall keep up-to-date, readily acces- cles during which the temperature of sible records of any change in equip- the carbon bed after regeneration (and ment or process operation that in- after completion of any cooling creases the design production capacity cycle(s)) was more than 10 percent of the process unit in which the af- greater than the carbon bed tempera- fected facility is located. ture (in degrees Celsius) during the (k) Each owner and operator subject most recent performance test. to the provisions of this subpart is ex- (4) Where an absorber, condenser, or empt from the quarterly reporting re- carbon adsorber is the final recovery quirements contained in § 60.7(c) of the device in the recovery system and General Provisions.

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(l) Each owner or operator that seeks mitted either in conjunction with to comply with the requirements of semiannual reports or as a single sepa- this subpart by complying with the re- rate report. A performance test must quirements of § 60.660 (c)(4), (c)(5), or be completed within the same time pe- (c)(6) or § 60.662 shall submit to the Ad- riod to obtain the vent stream flow ministrator semiannual reports of the rate, heating value, and ETOC. The per- following recorded information. The formance test is subject to the require- initial report shall be submitted within ments of § 60.8. The facility must begin 6 months after the initial start-up compliance with the requirements set date. forth in § 60.660(d) or § 60.662. If the fa- (1) Exceedances of monitored param- cility chooses to comply with § 60.662, eters recorded under § 60.665 (c) and (g). the facility may qualify for an exemp- (2) All periods recorded under tion in § 60.660(c)(4) or (6). § 60.665(d) when the vent stream is di- (7) Any recalculation of the TRE verted from the control device or has index value, as recorded under no flow rate. § 60.665(h). (3) All periods recorded under (m) The requirements of § 60.665(l) re- § 60.665(e) when the boiler or process main in force until and unless EPA, in heater was not operating. delegating enforcement authority to a (4) All periods recorded under State under section 111(c) of the Act, § 60.665(f) in which the pilot flame of approves reporting requirements or an the flare was absent. alternative means of compliance sur- (5) Any change in equipment or proc- veillance adopted by such State. In ess operation that increases the oper- that event, affected sources within the ating vent stream flow rate above the State will be relieved of the obligation low flow exemption level in to comply with § 60.665(l), provided that § 60.660(c)(6), including a measurement they comply with the requirements es- of the new vent stream flow rate, as re- tablished by the State. corded under § 60.665(i). These must be (n) Each owner or operator that reported as soon as possible after the seeks to demonstrate compliance with change and no later than 180 days after § 60.660(c)(5) must submit to the Admin- the change. These reports may be sub- istrator an initial report detailing the mitted either in conjunction with design production capacity of the proc- semiannual reports or as a single sepa- ess unit. rate report. A performance test must (o) Each owner or operator that seeks be completed with the same time pe- to demonstrate compliance with riod to verify the recalculated flow § 60.660(c)(6) must submit to the Admin- value and to obtain the vent stream istrator an initial report including a characteristics of heating value and flow rate measurement using the test ETOC. The performance test is subject methods specified in § 60.664. to the requirements of § 60.8 of the Gen- (p) The Administrator will specify eral Provisions. Unless the facility appropriate reporting and record- qualifies for an exemption under the keeping requirements where the owner low capacity exemption status in or operator of an affected facility com- § 60.660(c)(5), the facility must begin plies with the standards specified under compliance with the requirements set § 60.662 other than as provided under forth in § 60.662. § 60.663(a), (b), (c) and (d). (6) Any change in equipment or process operation, as recorded under para- [55 FR 26922, June 29, 1990; 55 FR 36932, Sept. graph (j) of this section, that increases 7, 1990, as amended at 60 FR 58237, Nov. 27, the design production capacity above 1995; 65 FR 61778, Oct. 17, 2000; 65 FR 78279, the low capacity exemption level in Dec. 14, 2000; 79 FR 11251, Feb. 27, 2014] § 60.660(c)(5) and the new capacity resulting from the change for the dis- § 60.666 Reconstruction. tillation process unit containing the For purposes of this subpart ‘‘fixed affected facility. These must be re- capital cost of the new components,’’ ported as soon as possible after the as used in § 60.15, includes the fixed cap- change and no later than 180 days after ital cost of all depreciable components the change. These reports may be sub- which are or will be replaced pursuant

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to all continuous programs of compo- Chemical name CAS No.* nent replacement which are com- Citric acid ...... 77–92–9 menced within any 2-year period fol- Crotonaldehyde ...... 4170–30–0 lowing December 30, 1983. For purposes Crotonic acid ...... 3724–65–0 of this paragraph, ‘‘commenced’’ means Cumene ...... 98–82–8 Cumene hydroperoxide ...... 80–15–9 that an owner or operator has under- Cyanuric chloride ...... 108–77–0 taken a continuous program of compo- Cyclohexane ...... 110–82–7 nent replacement or that an owner or Cyclohexane, oxidized ...... 68512–15–2 operator has entered into a contractual Cyclohexanol ...... 108–93–0 Cyclohexanone ...... 108–94–1 obligation to undertake and complete, Cyclohexanone oxime ...... 100–64–1 within a reasonable time, a continuous Cyclohexene ...... 110–83–8 program of component replacement. 1,3-Cyclopentadiene ...... 542–92–7 Cyclopropane ...... 75–19–4 Diacetone alcohol ...... 123–42–2 § 60.667 Chemicals affected by subpart Dibutanized aromatic concentrate. NNN. 1,4-Dichlorobutene ...... 110–57–6 3,4-Dichloro-1-butene ...... 64037–54–3 Chemical name CAS No.* Dichlorodifluoromethane ...... 75–71–8 Dichlorodimethylsilane ...... 75–78–5 Acetaldehyde ...... 75–07–0 Dichlorofluoromethane ...... 75–43–4 Acetaldol ...... 107–89–1 -Dichlorohydrin ...... 96–23–1 Acetic acid ...... 64–19–7 Diethanolamine ...... 111–42–2 Acetic anhydride ...... 108–24–7 Diethylbenzene ...... 25340–17–4 Acetone ...... 67–64–1 Diethylene glycol ...... 111–46–6 Acetone cyanohydrin ...... 75–86–5 Di-n-heptyl-n-nonyl undecyl phthalate ...... 85–68–7 Acetylene ...... 74–86–2 Di-isodecyl phthalate ...... 26761–40–0 Acrylic acid ...... 79–10–7 Diisononyl phthalate ...... 28553–12–0 Acrylonitrile ...... 107–13–1 Dimethylamine ...... 124–40–3 Adipic acid ...... 124–04–9 Dimethyl terephthalate ...... 120–61–6 Adiponitrile ...... 111–69–3 2,4-Dinitrotoluene ...... 121–14–2 Alcohols, C–11 or lower, mixtures. 2,4-(and 2,6)-dinitrotoluene ...... 121–14–2 Alcohols, C–12 or higher, mixtures. 606–20–2 Allyl chloride ...... 107–05–1 Dioctyl phthalate ...... 117–81–7 Amylene ...... 513–35–9 Dodecene ...... 25378–22–7 Amylenes, mixed. Dodecylbenzene, non linear. Aniline ...... 62–53–3 Dodecylbenzenesulfonic acid ...... 27176–87–0 Benzene ...... 71–43–2 Dodecylbenzenesulfonic acid, sodium salt ...... 25155–30–0 Benzenesulfonic acid ...... 98–11–3 Epichlorohydrin ...... 106–89–8 Benzenesulfonic acid C -alkyl derivatives, 10-16 Ethanol ...... 64–17–5 sodium salts ...... 68081–81–2 Ethanolamine ...... 141–43–5 Benzoic acid, tech ...... 65–85–0 Ethyl acetate ...... 141–78–6 Benzyl chloride ...... 100–44–7 Biphenyl ...... 92–52–4 Ethyl acrylate ...... 140–88–5 Bisphenol A ...... 80–05–7 Ethylbenzene ...... 100–41–4 Brometone ...... 76–08–4 Ethyl chloride ...... 75–00–3 1,3-Butadiene ...... 106–99–0 Ethyl cyanide ...... 107–12–0 Butadiene and butene fractions. Ethylene ...... 74–85–1 n-Butane ...... 106–97–8 Ethylene dibromide ...... 106–93–4 1,4-Butanediol ...... 110–63–4 Ethylene dichloride ...... 107–06–2 Butanes, mixed. Ethylene glycol ...... 107–21–1 1-Butene ...... 106–98–9 Ethylene glycol monobutyl ...... 111–76–2 2-Butene ...... 25167–67–3 Ethylene glycol monoethyl ether ...... 110–80–5 Butenes, mixed. Ethylene glycol monoethyl ether acetate ...... 111–15–9 n-Butyl acetate ...... 123–86–4 Ethylene glycol monomethyl ether ...... 109–86–4 Butyl acrylate ...... 141–32–2 Ethylene oxide ...... 75–21–8 n-Butyl alcohol ...... 71–36–3 2-Ethylhexanal ...... 26266–68–2 sec-Butyl alcohol ...... 78–92–2 2-Ethylhexyl alcohol ...... 104–76–7 tert-Butyl alcohol ...... 75–65–0 (2-Ethylhexyl) amine ...... 104–75–6 Butylbenzyl phthalate ...... 85–68–7 Ethylmethylbenzene ...... 25550–14–5 Butylene glycol ...... 107–88–0 6-Ethyl-1,2,3,4-tetrahydro 9,10- tert-Butyl hydroperoxide ...... 75–91–2 anthracenedione ...... 15547–17–8 2-Butyne-1,4-diol ...... 110–65–6 Formaldehyde ...... 50–00–0 Butyraldehyde ...... 123–72–8 Glycerol ...... 56–81–5 Butyric anhydride ...... 106–31–0 n-Heptane ...... 142–82–5 Caprolactam ...... 105–60–2 Heptenes (mixed). Carbon disulfide ...... 75–15–0 Hexadecyl chloride. Carbon tetrabromide ...... 558–13–4 Hexamethylene diamine ...... 124–09–4 Carbon tetrachloride ...... 56–23–5 Hexamethylene diamine adipate ...... 3323–53–3 Chlorobenzene ...... 108–90–7 Hexamethylenetetramine ...... 100–97–0 2-Chloro-4-(ethylamino)-6-(isopropylamino)-s- Hexane ...... 110–54–3 triazine ...... 1912–24–9 2-Hexenedinitrile ...... 13042–02–9 Chloroform ...... 67–66–3 3-Hexenedinitrile ...... 1119–85–3 p-Chloronitrobenzene ...... 100–00–5 Hydrogen cyanide ...... 74–90–8 Chloroprene ...... 126–99–8 Isobutane ...... 75–28–5

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Chemical name CAS No.* Chemical name CAS No.*

Isobutanol ...... 78–83–1 1,1,2-Trichloroethane ...... 79–00–5 Isobutylene ...... 115–11–7 Trichloroethylene ...... 79–01–6 Isobutyraldehyde ...... 78–84–2 Trichlorofluoromethane ...... 75–69–4 Isodecyl alcohol ...... 25339–17–7 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76–13–1 Isooctyl alcohol ...... 26952–21–6 Triethanolamine ...... 102–71–6 Isopentane ...... 78–78–4 Triethylene glycol ...... 112–27–6 Isophthalic acid ...... 121–91–5 Vinyl acetate ...... 108–05–4 Isoprene ...... 78–79–5 Vinyl chloride ...... 75–01–4 Isopropanol ...... 67–63–0 Vinylidene chloride ...... 75–35–4 Ketene ...... 463–51–4 m-Xylene ...... 108–38–3 Linear alcohols, ethoxylated, mixed. o-Xylene ...... 95–47–6 Linear alcohols, ethoxylated, and sulfated, so- p-Xylene ...... 106–42–3 dium salt, mixed. Xylenes (mixed) ...... 1330–20–7 Linear alcohols, sulfated, sodium salt, mixed. m-Xylenol ...... 576–26–1 Linear alkylbenzene ...... 123–01–3 Magnesium acetate ...... 142–72–3 * CAS numbers refer to the Chemical Abstracts Registry Maleic anhydride ...... 108–31–6 numbers assigned to specific chemicals, isomers, or mixtures Melamine ...... 108–78–1 of chemicals. Some isomers or mixtures that are covered by Mesityl oxide ...... 141–79–7 the standards do not have CAS numbers assigned to them. Methacrylonitrile ...... 126–98–7 The standards apply to all of the chemicals listed, whether CAS numbers have been assigned or not. Methanol ...... 67–56–1 Methylamine ...... 74–89–5 ar-Methylbenzenediamine ...... 25376–45–8 [55 FR 26942, June 29, 1990, as amended at 60 Methyl chloride ...... 74–87–3 FR 58237, 58238, Nov. 27, 1995] Methylene chloride ...... 75–09–2 Methyl ethyl ketone ...... 78–93–3 § 60.668 Delegation of authority. Methyl iodide ...... 74–88–4 Methyl isobutyl ketone ...... 108–10–1 (a) In delegating implementation and Methyl methacrylate ...... 80–62–6 enforcement authority to a State 2-Methylpentane ...... 107–83–5 1-Methyl-2-pyrrolidone ...... 872–50–4 under § 111(c) of the Act, the authori- Methyl tert-butyl ether. ties contained in paragraph (b) of this Naphthalene ...... 91–20–3 section shall be retained by the Admin- Nitrobenzene ...... 98–95–3 1-Nonene ...... 27215–95–8 istrator and not transferred to a State. Nonyl alcohol ...... 143–08–8 (b) Authorities which will not be del- Nonylphenol ...... 25154–52–3 egated to States: § 60.663(e). Nonylphenol, ethoxylated ...... 9016–45–9 Octene ...... 25377–83–7 Oil-soluble petroleum sulfonate, calcium salt. Subpart OOO—Standards of Per- Oil-soluble petroleum sulfonate, sodium salt. Pentaerythritol ...... 115–77–5 formance for Nonmetallic n-Pentane ...... 109–66–0 Mineral Processing Plants 3-Pentenenitrile ...... 4635–87–4 Pentenes, mixed ...... 109–67–1 Perchloroethylene ...... 127–18–4 SOURCE: 74 FR 19309, Apr. 28, 2009, unless Phenol ...... 108–95–2 otherwise noted. 1-Phenylethyl hydroperoxide ...... 3071–32–7 Phenylpropane ...... 103–65–1 § 60.670 Applicability and designation Phosgene ...... 75–44–5 of affected facility. Phthalic anhydride ...... 85–44–9 Propane ...... 74–98–6 (a)(1) Except as provided in para- Propionaldehyde ...... 123–38–6 graphs (a)(2), (b), (c), and (d) of this sec- Propionic acid ...... 79–09–4 Propyl alcohol ...... 71–23–8 tion, the provisions of this subpart are Propylene ...... 115–07–1 applicable to the following affected fa- Propylene chlorohydrin ...... 78–89–7 cilities in fixed or portable nonmetallic Propylene glycol ...... 57–55–6 mineral processing plants: each Propylene oxide ...... 75–56–9 Sodium cyanide ...... 143–33–9 crusher, grinding mill, screening oper- Sorbitol ...... 50–70–4 ation, bucket elevator, belt conveyor, Styrene ...... 100–42–5 bagging operation, storage bin, en- Terephthalic acid ...... 100–21–0 1,1,2,2-Tetrachloroethane ...... 79–34–5 closed truck or railcar loading station. Tetraethyl lead ...... 78–00–2 Also, crushers and grinding mills at Tetrahydrofuran ...... 109–99–9 hot mix asphalt facilities that reduce Tetra (methyl-ethyl) lead. the size of nonmetallic minerals em- Tetramethyl lead ...... 75–74–1 Toluene ...... 108–88–3 bedded in recycled asphalt pavement Toluene-2,4-diamine ...... 95–80–7 and subsequent affected facilities up Toluene-2,4-(and, 2,6)-diisocyanate (80/20 to, but not including, the first storage mixture) ...... 26471–62–5 Tribromomethane ...... 75–25–2 silo or bin are subject to the provisions 1,1,1-Trichloroethane ...... 71–55–6 of this subpart.

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(2) The provisions of this subpart do 60 that do not apply to owners and op- not apply to the following operations: erators of affected facilities subject to All facilities located in underground this subpart or that apply with certain mines; plants without crushers or exceptions. grinding mills above ground; and wet material processing operations (as de- § 60.671 Definitions. fined in § 60.671). All terms used in this subpart, but (b) An affected facility that is subject not specifically defined in this section, to the provisions of subparts F or I of shall have the meaning given them in this part or that follows in the plant the Act and in subpart A of this part. process any facility subject to the pro- Bagging operation means the mechan- visions of subparts F or I of this part is ical process by which bags are filled not subject to the provisions of this with nonmetallic minerals. subpart. (c) Facilities at the following plants Belt conveyor means a conveying de- are not subject to the provisions of this vice that transports material from one subpart: location to another by means of an (1) Fixed sand and gravel plants and endless belt that is carried on a series crushed stone plants with capacities, of idlers and routed around a pulley at as defined in § 60.671, of 23 megagrams each end. per hour (25 tons per hour) or less; Bucket elevator means a conveying de- (2) Portable sand and gravel plants vice of nonmetallic minerals consisting and crushed stone plants with capac- of a head and foot assembly which sup- ities, as defined in § 60.671, of 136 ports and drives an endless single or megagrams per hour (150 tons per hour) double strand chain or belt to which or less; and buckets are attached. (3) Common clay plants and pumice Building means any frame structure plants with capacities, as defined in with a roof. § 60.671, of 9 megagrams per hour (10 Capacity means the cumulative rated tons per hour) or less. capacity of all initial crushers that are (d)(1) When an existing facility is re- part of the plant. placed by a piece of equipment of equal Capture system means the equipment or smaller size, as defined in § 60.671, (including enclosures, hoods, ducts, having the same function as the exist- fans, dampers, etc.) used to capture and ing facility, and there is no increase in transport particulate matter generated the amount of emissions, the new facil- by one or more affected facilities to a ity is exempt from the provisions of control device. §§ 60.672, 60.674, and 60.675 except as pro- Control device means the air pollution vided for in paragraph (d)(3) of this sec- control equipment used to reduce par- tion. ticulate matter emissions released to (2) An owner or operator complying the atmosphere from one or more af- with paragraph (d)(1) of this section shall submit the information required fected facilities at a nonmetallic min- in § 60.676(a). eral processing plant. (3) An owner or operator replacing all Conveying system means a device for existing facilities in a production line transporting materials from one piece with new facilities does not qualify for of equipment or location to another lo- the exemption described in paragraph cation within a plant. Conveying sys- (d)(1) of this section and must comply tems include but are not limited to the with the provisions of §§ 60.672, 60.674 following: Feeders, belt conveyors, and 60.675. bucket elevators and pneumatic sys- (e) An affected facility under para- tems. graph (a) of this section that com- Crush or Crushing means to reduce mences construction, modification, or the size of nonmetallic mineral mate- reconstruction after August 31, 1983, is rial by means of physical impaction of subject to the requirements of this the crusher or grinding mill upon the part. material. (f) Table 1 of this subpart specifies Crusher means a machine used to the provisions of subpart A of this part crush any nonmetallic minerals, and

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includes, but is not limited to, the fol- (14) Diatomite. lowing types: Jaw, gyratory, cone, roll, (15) Perlite. rod mill, hammermill, and impactor. (16) Vermiculite. Enclosed truck or railcar loading sta- (17) Mica. tion means that portion of a non- (18) Kyanite, including Andalusite, metallic mineral processing plant Sillimanite, Topaz, and Dumortierite. where nonmetallic minerals are loaded Nonmetallic mineral processing plant by an enclosed conveying system into means any combination of equipment enclosed trucks or railcars. that is used to crush or grind any non- Fixed plant means any nonmetallic metallic mineral wherever located, in- mineral processing plant at which the cluding lime plants, power plants, steel processing equipment specified in mills, asphalt concrete plants, portland § 60.670(a) is attached by a cable, chain, cement plants, or any other facility turnbuckle, bolt or other means (ex- processing nonmetallic minerals except cept electrical connections) to any an- as provided in § 60.670 (b) and (c). chor, slab, or structure including bed- Portable plant means any nonmetallic rock. mineral processing plant that is Fugitive emission means particulate mounted on any chassis or skids and matter that is not collected by a cap- may be moved by the application of a ture system and is released to the at- lifting or pulling force. In addition, mosphere at the point of generation. there shall be no cable, chain, turn- Grinding mill means a machine used buckle, bolt or other means (except for the wet or dry fine crushing of any electrical connections) by which any nonmetallic mineral. Grinding mills piece of equipment is attached or include, but are not limited to, the fol- clamped to any anchor, slab, or struc- lowing types: Hammer, roller, rod, peb- ture, including bedrock that must be ble and ball, and fluid energy. The removed prior to the application of a grinding mill includes the air con- lifting or pulling force for the purpose veying system, air separator, or air of transporting the unit. classifier, where such systems are used. Production line means all affected fa- Initial crusher means any crusher into cilities (crushers, grinding mills, which nonmetallic minerals can be fed screening operations, bucket elevators, without prior crushing in the plant. belt conveyors, bagging operations, Nonmetallic mineral means any of the storage bins, and enclosed truck and following minerals or any mixture of railcar loading stations) which are di- which the majority is any of the fol- rectly connected or are connected to- lowing minerals: gether by a conveying system. (1) Crushed and Broken Stone, in- Saturated material means, for pur- cluding Limestone, Dolomite, Granite, poses of this subpart, mineral material Traprock, Sandstone, Quartz, Quartz- with sufficient surface moisture such ite, Marl, Marble, Slate, Shale, Oil that particulate matter emissions are Shale, and Shell. not generated from processing of the (2) Sand and Gravel. material through screening operations, (3) Clay including Kaolin, Fireclay, bucket elevators and belt conveyors. Bentonite, Fuller’s Earth, Ball Clay, Material that is wetted solely by wet and Common Clay. suppression systems is not considered (4) Rock Salt. to be ‘‘saturated’’ for purposes of this (5) Gypsum (natural or synthetic). definition. (6) Sodium Compounds, including So- Screening operation means a device for dium Carbonate, Sodium Chloride, and separating material according to size Sodium Sulfate. by passing undersize material through (7) Pumice. one or more mesh surfaces (screens) in (8) Gilsonite. series, and retaining oversize material (9) Talc and Pyrophyllite. on the mesh surfaces (screens). Grizzly (10) Boron, including Borax, Kernite, feeders associated with truck dumping and Colemanite. and static (non-moving) grizzlies used (11) Barite. anywhere in the nonmetallic mineral (12) Fluorospar. processing plant are not considered to (13) Feldspar. be screening operations.

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Seasonal shut down means shut down eral regulated under this subpart from of an affected facility for a period of at deposits existing at or below the water least 45 consecutive days due to weath- table, where the nonmetallic mineral is er or seasonal market conditions. saturated with water. Size means the rated capacity in tons Wet screening operation means a per hour of a crusher, grinding mill, screening operation at a nonmetallic bucket elevator, bagging operation, or mineral processing plant which re- enclosed truck or railcar loading sta- moves unwanted material or which sep- tion; the total surface area of the top arates marketable fines from the prod- screen of a screening operation; the uct by a washing process which is de- width of a conveyor belt; and the rated signed and operated at all times such capacity in tons of a storage bin. that the product is saturated with Stack emission means the particulate water. matter that is released to the atmosphere from a capture system. § 60.672 Standard for particulate mat- Storage bin means a facility for stor- ter (PM). age (including surge bins) of non- (a) Affected facilities must meet the metallic minerals prior to further proc- stack emission limits and compliance essing or loading. requirements in Table 2 of this subpart Transfer point means a point in a con- within 60 days after achieving the max- veying operation where the non- imum production rate at which the af- metallic mineral is transferred to or fected facility will be operated, but not from a belt conveyor except where the later than 180 days after initial startup nonmetallic mineral is being trans- as required under § 60.8. The require- ferred to a stockpile. ments in Table 2 of this subpart apply Truck dumping means the unloading for affected facilities with capture sys- of nonmetallic minerals from movable tems used to capture and transport vehicles designed to transport non- particulate matter to a control device. metallic minerals from one location to (b) Affected facilities must meet the another. Movable vehicles include but fugitive emission limits and compli- are not limited to: Trucks, front end ance requirements in Table 3 of this loaders, skip hoists, and railcars. subpart within 60 days after achieving Vent means an opening through the maximum production rate at which which there is mechanically induced the affected facility will be operated, air flow for the purpose of exhausting but not later than 180 days after initial from a building air carrying particu- startup as required under § 60.11. The late matter emissions from one or requirements in Table 3 of this subpart more affected facilities. apply for fugitive emissions from af- Wet material processing operation(s) fected facilities without capture sys- means any of the following: tems and for fugitive emissions escap- (1) Wet screening operations (as de- ing capture systems. fined in this section) and subsequent (c) [Reserved] screening operations, bucket elevators (d) Truck dumping of nonmetallic and belt conveyors in the production minerals into any screening operation, line that process saturated materials feed hopper, or crusher is exempt from (as defined in this section) up to the the requirements of this section. first crusher, grinding mill or storage (e) If any transfer point on a con- bin in the production line; or veyor belt or any other affected facil- (2) Screening operations, bucket ele- ity is enclosed in a building, then each vators and belt conveyors in the pro- enclosed affected facility must comply duction line downstream of wet mining with the emission limits in paragraphs operations (as defined in this section) (a) and (b) of this section, or the build- that process saturated materials (as ing enclosing the affected facility or defined in this section) up to the first facilities must comply with the fol- crusher, grinding mill or storage bin in lowing emission limits: the production line. (1) Fugitive emissions from the build- Wet mining operation means a mining ing openings (except for vents as de- or dredging operation designed and op- fined in § 60.671) must not exceed 7 per- erated to extract any nonmetallic min- cent opacity; and

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(2) Vents (as defined in § 60.671) in the toring device must be certified by the building must meet the applicable manufacturer to be accurate within ±5 stack emission limits and compliance percent of design scrubbing liquid flow requirements in Table 2 of this subpart. rate and must be calibrated on an an- (f) Any baghouse that controls emis- nual basis in accordance with manufac- sions from only an individual, enclosed turer’s instructions. storage bin is exempt from the applica- (b) The owner or operator of any af- ble stack PM concentration limit (and fected facility for which construction, associated performance testing) in modification, or reconstruction com- Table 2 of this subpart but must meet menced on or after April 22, 2008, that the applicable stack opacity limit and uses wet suppression to control emis- compliance requirements in Table 2 of this subpart. This exemption from the sions from the affected facility must stack PM concentration limit does not perform monthly periodic inspections apply for multiple storage bins with to check that water is flowing to dis- combined stack emissions. charge spray nozzles in the wet suppression system. The owner or operator § 60.673 Reconstruction. must initiate corrective action within (a) The cost of replacement of ore- 24 hours and complete corrective ac- contact surfaces on processing equip- tion as expediently as practical if the ment shall not be considered in calcu- owner or operator finds that water is lating either the ‘‘fixed capital cost of not flowing properly during an inspec- the new components’’ or the ‘‘fixed tion of the water spray nozzles. The capital cost that would be required to owner or operator must record each in- construct a comparable new facility’’ spection of the water spray nozzles, in- under § 60.15. Ore-contact surfaces are cluding the date of each inspection and crushing surfaces; screen meshes, bars, any corrective actions taken, in the and plates; conveyor belts; and eleva- logbook required under § 60.676(b). tor buckets. (1) If an affected facility relies on (b) Under § 60.15, the ‘‘fixed capital water carryover from upstream water cost of the new components’’ includes sprays to control fugitive emissions, the fixed capital cost of all depreciable then that affected facility is exempt components (except components speci- from the 5-year repeat testing require- fied in paragraph (a) of this section) ment specified in Table 3 of this sub- which are or will be replaced pursuant to all continuous programs of compo- part provided that the affected facility nent replacement commenced within meets the criteria in paragraphs any 2-year period following August 31, (b)(1)(i) and (ii) of this section: 1983. (i) The owner or operator of the affected facility conducts periodic in- § 60.674 Monitoring of operations. spections of the upstream water (a) The owner or operator of any af- spray(s) that are responsible for con- fected facility subject to the provisions trolling fugitive emissions from the af- of this subpart which uses a wet scrub- fected facility. These inspections are ber to control emissions shall install, conducted according to paragraph (b) calibrate, maintain and operate the of this section and § 60.676(b), and following monitoring devices: (ii) The owner or operator of the af- (1) A device for the continuous meas- fected facility designates which up- urement of the pressure loss of the gas stream water spray(s) will be periodi- stream through the scrubber. The mon- cally inspected at the time of the ini- itoring device must be certified by the tial performance test required under manufacturer to be accurate within § 60.11 of this part and § 60.675 of this ± ± 250 pascals 1 inch water gauge pres- subpart. sure and must be calibrated on an an- (2) If an affected facility that rou- nual basis in accordance with manufac- tinely uses wet suppression water turer’s instructions. (2) A device for the continuous meas- sprays ceases operation of the water urement of the scrubbing liquid flow sprays or is using a control mechanism rate to the wet scrubber. The moni- to reduce fugitive emissions other than

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water sprays during the monthly in- (1) Each bag leak detection system spection (for example, water from re- must meet the specifications and recent rainfall), the logbook entry requirements in paragraphs (d)(1)(i) quired under § 60.676(b) must specify the through (viii) of this section. control mechanism being used instead (i) The bag leak detection system of the water sprays. must be certified by the manufacturer (c) Except as specified in paragraph to be capable of detecting PM emis- (d) or (e) of this section, the owner or sions at concentrations of 1 milligram operator of any affected facility for per dry standard cubic meter (0.00044 which construction, modification, or grains per actual cubic foot) or less. reconstruction commenced on or after (ii) The bag leak detection system April 22, 2008, that uses a baghouse to sensor must provide output of relative control emissions must conduct quar- PM loadings. The owner or operator terly 30-minute visible emissions in- shall continuously record the output spections using EPA Method 22 (40 CFR part 60, appendix A–7). The Method 22 from the bag leak detection system (40 CFR part 60, appendix A–7) test using electronic or other means (e.g., shall be conducted while the baghouse using a strip chart recorder or a data is operating. The test is successful if no logger). visible emissions are observed. If any (iii) The bag leak detection system visible emissions are observed, the must be equipped with an alarm sys- owner or operator of the affected facil- tem that will sound when the system ity must initiate corrective action detects an increase in relative particu- within 24 hours to return the baghouse late loading over the alarm set point to normal operation. The owner or op- established according to paragraph erator must record each Method 22 (40 (d)(1)(iv) of this section, and the alarm CFR part 60, appendix A–7) test, includ- must be located such that it can be ing the date and any corrective actions heard by the appropriate plant per- taken, in the logbook required under sonnel. § 60.676(b). The owner or operator of the (iv) In the initial adjustment of the affected facility may establish a dif- bag leak detection system, the owner ferent baghouse-specific success level or operator must establish, at a min- for the visible emissions test (other imum, the baseline output by adjusting than no visible emissions) by con- the sensitivity (range) and the aver- ducting a PM performance test accord- aging period of the device, the alarm ing to § 60.675(b) simultaneously with a set points, and the alarm delay time. Method 22 (40 CFR part 60, appendix A– (v) Following initial adjustment, the 7) to determine what constitutes nor- owner or operator shall not adjust the mal visible emissions from that af- averaging period, alarm set point, or fected facility’s baghouse when it is in alarm delay time without approval compliance with the applicable PM from the Administrator or delegated concentration limit in Table 2 of this authority except as provided in para- subpart. The revised visible emissions graph (d)(1)(vi) of this section. success level must be incorporated into the permit for the affected facility. (vi) Once per quarter, the owner or (d) As an alternative to the periodic operator may adjust the sensitivity of Method 22 (40 CFR part 60, appendix A– the bag leak detection system to ac- 7) visible emissions inspections speci- count for seasonal effects, including fied in paragraph (c) of this section, the temperature and humidity, according owner or operator of any affected facil- to the procedures identified in the site- ity for which construction, modifica- specific monitoring plan required by tion, or reconstruction commenced on paragraph (d)(2) of this section. or after April 22, 2008, that uses a (vii) The owner or operator must in- baghouse to control emissions may use stall the bag leak detection sensor a bag leak detection system. The owner downstream of the fabric filter. or operator must install, operate, and (viii) Where multiple detectors are maintain the bag leak detection sys- required, the system’s instrumentation tem according to paragraphs (d)(1) and alarm may be shared among detec- through (3) of this section. tors.

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(2) The owner or operator of the af- media, or any other condition that fected facility must develop and sub- may cause an increase in PM emis- mit to the Administrator or delegated sions; authority for approval of a site-specific (ii) Sealing off defective bags or filter monitoring plan for each bag leak de- media; tection system. The owner or operator (iii) Replacing defective bags or filter must operate and maintain the bag media or otherwise repairing the con- leak detection system according to the trol device; site-specific monitoring plan at all (iv) Sealing off a defective fabric fil- times. Each monitoring plan must deter compartment; scribe the items in paragraphs (d)(2)(i) (v) Cleaning the bag leak detection through (vi) of this section. system probe or otherwise repairing (i) Installation of the bag leak detec- the bag leak detection system; or tion system; (ii) Initial and periodic adjustment of (vi) Shutting down the process pro- the bag leak detection system, includ- ducing the PM emissions. ing how the alarm set-point will be es- (e) As an alternative to the periodic tablished; Method 22 (40 CFR part 60, appendix A– (iii) Operation of the bag leak detec- 7) visible emissions inspections speci- tion system, including quality assur- fied in paragraph (c) of this section, the ance procedures; owner or operator of any affected facil- (iv) How the bag leak detection sys- ity that is subject to the requirements tem will be maintained, including a for processed stone handling operations routine maintenance schedule and in the Lime Manufacturing NESHAP spare parts inventory list; (40 CFR part 63, subpart AAAAA) may (v) How the bag leak detection sys- follow the continuous compliance re- tem output will be recorded and stored; quirements in row 1 items (i) through and (iii) of table 6 to subpart AAAAA of 40 (vi) Corrective action procedures as CFR part 63. specified in paragraph (d)(3) of this section. In approving the site-specific § 60.675 Test methods and procedures. monitoring plan, the Administrator or (a) In conducting the performance delegated authority may allow owners tests required in § 60.8, the owner or op- and operators more than 3 hours to al- erator shall use as reference methods leviate a specific condition that causes and procedures the test methods in ap- an alarm if the owner or operator iden- pendices A–1 through A–7 of this part tifies in the monitoring plan this spe- or other methods and procedures as cific condition as one that could lead specified in this section, except as pro- to an alarm, adequately explains why vided in § 60.8(b). Acceptable alter- it is not feasible to alleviate this con- native methods and procedures are dition within 3 hours of the time the given in paragraph (e) of this section. alarm occurs, and demonstrates that the requested time will ensure allevi- (b) The owner or operator shall deter- ation of this condition as expeditiously mine compliance with the PM stand- as practicable. ards in § 60.672(a) as follows: (3) For each bag leak detection sys- (1) Except as specified in paragraphs tem, the owner or operator must ini- (e)(3) and (4) of this section, Method 5 tiate procedures to determine the of appendix A–3 of this part or Method cause of every alarm within 1 hour of 17 of appendix A–6 of this part shall be the alarm. Except as provided in para- used to determine the particulate mat- graph (d)(2)(vi) of this section, the ter concentration. The sample volume owner or operator must alleviate the shall be at least 1.70 dscm (60 dscf). For cause of the alarm within 3 hours of Method 5 (40 CFR part 60, appendix A– the alarm by taking whatever correc- 3), if the gas stream being sampled is at tive action(s) are necessary. Corrective ambient temperature, the sampling actions may include, but are not lim- probe and filter may be operated with- ited to the following: out heaters. If the gas stream is above (i) Inspecting the fabric filter for air ambient temperature, the sampling leaks, torn or broken bags or filter probe and filter may be operated at a

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temperature high enough, but no high- cable fugitive emission limits in Table er than 121 °C (250 °F), to prevent water 3 of this subpart must be based on the condensation on the filter. average of the five 6-minute averages. (2) Method 9 of appendix A–4 of this (d) To demonstrate compliance with part and the procedures in § 60.11 shall the fugitive emission limits for build- be used to determine opacity. ings specified in § 60.672(e)(1), the owner (c)(1) In determining compliance with or operator must complete the testing the particulate matter standards in specified in paragraph (d)(1) and (2) of § 60.672(b) or § 60.672(e)(1), the owner or this section. Performance tests must operator shall use Method 9 of appendix be conducted while all affected facili- A–4 of this part and the procedures in ties inside the building are operating. § 60.11, with the following additions: (1) If the building encloses any af- (i) The minimum distance between fected facility that commences con- the observer and the emission source struction, modification, or reconstruc- shall be 4.57 meters (15 feet). tion on or after April 22, 2008, the (ii) The observer shall, when possible, owner or operator of the affected facil- select a position that minimizes inter- ity must conduct an initial Method 9 ference from other fugitive emission (40 CFR part 60, appendix A–4) perform- sources (e.g., road dust). The required ance test according to this section and observer position relative to the sun § 60.11. (Method 9 of appendix A–4 of this part, (2) If the building encloses only af- Section 2.1) must be followed. fected facilities that commenced con- (iii) For affected facilities using wet struction, modification, or reconstruc- dust suppression for particulate matter tion before April 22, 2008, and the owner control, a visible mist is sometimes or operator has previously conducted generated by the spray. The water mist an initial Method 22 (40 CFR part 60, must not be confused with particulate appendix A–7) performance test show- matter emissions and is not to be con- ing zero visible emissions, then the sidered a visible emission. When a owner or operator has demonstrated water mist of this nature is present, compliance with the opacity limit in the observation of emissions is to be § 60.672(e)(1). If the owner or operator made at a point in the plume where the has not conducted an initial perform- mist is no longer visible. ance test for the building before April (2)(i) In determining compliance with 22, 2008, then the owner or operator the opacity of stack emissions from must conduct an initial Method 9 (40 any baghouse that controls emissions CFR part 60, appendix A–4) perform- only from an individual enclosed stor- ance test according to this section and age bin under § 60.672(f) of this subpart, § 60.11 to show compliance with the using Method 9 (40 CFR part 60, appen- opacity limit in § 60.672(e)(1). dix A–4), the duration of the Method 9 (e) The owner or operator may use (40 CFR part 60, appendix A–4) observa- the following as alternatives to the ref- tions shall be 1 hour (ten 6-minute erence methods and procedures speci- averages). fied in this section: (ii) The duration of the Method 9 (40 (1) For the method and procedure of CFR part 60, appendix A–4) observa- paragraph (c) of this section, if emis- tions may be reduced to the duration sions from two or more facilities con- the affected facility operates (but not tinuously interfere so that the opacity less than 30 minutes) for baghouses of fugitive emissions from an indi- that control storage bins or enclosed vidual affected facility cannot be read, truck or railcar loading stations that either of the following procedures may operate for less than 1 hour at a time. be used: (3) When determining compliance (i) Use for the combined emission with the fugitive emissions standard stream the highest fugitive opacity for any affected facility described standard applicable to any of the indi- under § 60.672(b) or § 60.672(e)(1) of this vidual affected facilities contributing subpart, the duration of the Method 9 to the emissions stream. (40 CFR part 60, appendix A–4) observa- (ii) Separate the emissions so that tions must be 30 minutes (five 6-minute the opacity of emissions from each af- averages). Compliance with the appli- fected facility can be read.

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(2) A single visible emission observer (f) To comply with § 60.676(d), the may conduct visible emission observa- owner or operator shall record the tions for up to three fugitive, stack, or measurements as required in § 60.676(c) vent emission points within a 15-second using the monitoring devices in § 60.674 interval if the following conditions are (a)(1) and (2) during each particulate met: matter run and shall determine the (i) No more than three emission averages. points may be read concurrently. (g) For performance tests involving (ii) All three emission points must be only Method 9 (40 CFR part 60 appendix within a 70 degree viewing sector or A–4) testing, the owner or operator angle in front of the observer such that may reduce the 30-day advance notifi- the proper sun position can be main- cation of performance test in § 60.7(a)(6) tained for all three points. and 60.8(d) to a 7-day advance notifica- (iii) If an opacity reading for any one tion. of the three emission points equals or (h) [Reserved] exceeds the applicable standard, then (i) If the initial performance test the observer must stop taking readings date for an affected facility falls during for the other two points and continue a seasonal shut down (as defined in reading just that single point. § 60.671 of this subpart) of the affected (3) Method 5I of appendix A–3 of this facility, then with approval from the part may be used to determine the PM permitting authority, the owner or op- concentration as an alternative to the erator may postpone the initial per- methods specified in paragraph (b)(1) of formance test until no later than 60 this section. Method 5I (40 CFR part 60, calendar days after resuming operation appendix A–3) may be useful for af- of the affected facility. fected facilities that operate for less than 1 hour at a time such as (but not § 60.676 Reporting and recordkeeping. limited to) storage bins or enclosed (a) Each owner or operator seeking to truck or railcar loading stations. comply with § 60.670(d) shall submit to (4) In some cases, velocities of ex- the Administrator the following infor- haust gases from building vents may be mation about the existing facility too low to measure accurately with the being replaced and the replacement type S pitot tube specified in EPA piece of equipment. Method 2 of appendix A–1 of this part (1) For a crusher, grinding mill, [i.e., velocity head <1.3 mm H2O (0.05 in. bucket elevator, bagging operation, or H2O)] and referred to in EPA Method 5 enclosed truck or railcar loading sta- of appendix A–3 of this part. For these tion: conditions, the owner or operator may (i) The rated capacity in megagrams determine the average gas flow rate or tons per hour of the existing facility produced by the power fans (e.g., from being replaced and vendor-supplied fan curves) to the (ii) The rated capacity in tons per building vent. The owner or operator hour of the replacement equipment. may calculate the average gas velocity (2) For a screening operation: at the building vent measurement site (i) The total surface area of the top using Equation 1 of this section and screen of the existing screening oper- use this average velocity in deter- ation being replaced and mining and maintaining isokinetic (ii) The total surface area of the top sampling rates. screen of the replacement screening operation. Q v = f ()Eq. 1 (3) For a conveyor belt: e (i) The width of the existing belt Ae being replaced and Where: (ii) The width of the replacement Ve = average building vent velocity (feet per conveyor belt. minute); (4) For a storage bin: Qf = average fan flow rate (cubic feet per minute); and (i) The rated capacity in megagrams Ae = area of building vent and measurement or tons of the existing storage bin location (square feet). being replaced and

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(ii) The rated capacity in megagrams to the Administrator of occurrences or tons of replacement storage bins. when the measurements of the scrub- (b)(1) Owners or operators of affected ber pressure loss and liquid flow rate facilities (as defined in §§ 60.670 and decrease by more than 30 percent from 60.671) for which construction, modi- the average determined during the fication, or reconstruction commenced most recent performance test. on or after April 22, 2008, must record (e) The reports required under para- each periodic inspection required under graph (d) of this section shall be post- § 60.674(b) or (c), including dates and marked within 30 days following end of any corrective actions taken, in a log- the second and fourth calendar quar- book (in written or electronic format). ters. The owner or operator must keep the (f) The owner or operator of any af- logbook onsite and make hard or elec- fected facility shall submit written re- tronic copies (whichever is requested) ports of the results of all performance of the logbook available to the Admin- tests conducted to demonstrate com- istrator upon request. pliance with the standards set forth in (2) For each bag leak detection sys- § 60.672 of this subpart, including re- tem installed and operated according ports of opacity observations made to § 60.674(d), the owner or operator using Method 9 (40 CFR part 60, appen- must keep the records specified in dix A–4) to demonstrate compliance paragraphs (b)(2)(i) through (iii) of this with § 60.672(b), (e) and (f). section. (g) The owner or operator of any wet (i) Records of the bag leak detection material processing operation that system output; processes saturated and subsequently (ii) Records of bag leak detection sys- processes unsaturated materials, shall tem adjustments, including the date submit a report of this change within and time of the adjustment, the initial 30 days following such change. At the bag leak detection system settings, and time of such change, this screening op- the final bag leak detection system eration, bucket elevator, or belt con- settings; and (iii) The date and time of all bag leak veyor becomes subject to the applica- detection system alarms, the time that ble opacity limit in § 60.672(b) and the procedures to determine the cause of emission test requirements of § 60.11. the alarm were initiated, the cause of (h) The subpart A requirement under the alarm, an explanation of the ac- § 60.7(a)(1) for notification of the date tions taken, the date and time the construction or reconstruction com- cause of the alarm was alleviated, and menced is waived for affected facilities whether the cause of the alarm was al- under this subpart. leviated within 3 hours of the alarm. (i) A notification of the actual date (3) The owner or operator of each af- of initial startup of each affected facil- fected facility demonstrating compli- ity shall be submitted to the Adminis- ance according to § 60.674(e) by fol- trator. lowing the requirements for processed (1) For a combination of affected fa- stone handling operations in the Lime cilities in a production line that begin Manufacturing NESHAP (40 CFR part actual initial startup on the same day, 63, subpart AAAAA) must maintain a single notification of startup may be records of visible emissions observa- submitted by the owner or operator to tions required by § 63.7132(a)(3) and (b) the Administrator. The notification of 40 CFR part 63, subpart AAAAA. shall be postmarked within 15 days (c) During the initial performance after such date and shall include a de- test of a wet scrubber, and daily there- scription of each affected facility, after, the owner or operator shall equipment manufacturer, and serial record the measurements of both the number of the equipment, if available. change in pressure of the gas stream (2) For portable aggregate processing across the scrubber and the scrubbing plants, the notification of the actual liquid flow rate. date of initial startup shall include (d) After the initial performance test both the home office and the current of a wet scrubber, the owner or oper- address or location of the portable ator shall submit semiannual reports plant.

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(j) The requirements of this section ing requirements of this section, pro- remain in force until and unless the vided that they comply with require- Agency, in delegating enforcement au- ments established by the State. thority to a State under section 111(c) (k) Notifications and reports required of the Act, approves reporting require- under this subpart and under subpart A ments or an alternative means of com- of this part to demonstrate compliance pliance surveillance adopted by such with this subpart need only to be sent States. In that event, affected facilities to the EPA Region or the State which within the State will be relieved of the has been delegated authority according obligation to comply with the report- to § 60.4(b).

TABLE 1 TO SUBPART OOO OF PART 60—EXCEPTIONS TO APPLICABILITY OF SUBPART A TO SUBPART OOO

Applies to Subpart A reference subpart OOO Explanation

60.4, Address ...... Yes ...... Except in § 60.4(a) and (b) submittals need not be submitted to both the EPA Region and delegated State authority (§ 60.676(k)). 60.7, Notification and recordkeeping Yes ...... Except in (a)(1) notification of the date construction or reconstruction commenced (§ 60.676(h)). Also, except in (a)(6) performance tests involving only Meth- od 9 (40 CFR part 60, appendix A–4) require a 7-day advance notification instead of 30 days (§ 60.675(g)). 60.8, Performance tests ...... Yes ...... Except in (d) performance tests involving only Method 9 (40 CFR part 60, appendix A–4) require a 7-day advance notification instead of 30 days (§ 60.675(g)). 60.11, Compliance with standards Yes ...... Except in (b) under certain conditions (§§ 60.675(c)), Meth- and maintenance requirements. od 9 (40 CFR part 60, appendix A–4) observation is reduced from 3 hours to 30 minutes for fugitive emissions. 60.18, General control device ...... No ...... Flares will not be used to comply with the emission limits.

TABLE 2 TO SUBPART OOO OF PART 60—STACK EMISSION LIMITS FOR AFFECTED FACILITIES WITH CAPTURE SYSTEMS

The owner or operator must The owner or operator must And the owner or operator demonstrate compliance with For * * * meet a PM limit of * * * must meet an opacity limit of these limits by conducting *** ***

Affected facilities (as defined in 0.05 g/dscm (0.022 gr/dscf) a 7 percent for dry control de- An initial performance test ac- §§ 60.670 and 60.671) that vices b. cording to § 60.8 of this part commenced construction, and § 60.675 of this sub- modification, or reconstruc- part; and tion after August 31, 1983 Monitoring of wet scrubber but before April 22, 2008. parameters according to § 60.674(a) and § 60.676(c), (d), and (e). Affected facilities (as defined in 0.032 g/dscm (0.014 gr/dscf) a Not applicable (except for in- An initial performance test ac- §§ 60.670 and 60.671) that dividual enclosed storage cording to § 60.8 of this part commence construction, bins). and § 60.675 of this sub- modification, or reconstruc- 7 percent for dry control de- part; and tion on or after April 22, vices on individual enclosed Monitoring of wet scrubber 2008. storage bins. parameters according to § 60.674(a) and § 60.676(c), (d), and (e); and Monitoring of baghouses according to § 60.674(c), (d), or (e) and § 60.676(b).

a Exceptions to the PM limit apply for individual enclosed storage bins and other equipment. See § 60.672(d) through (f). b The stack opacity limit and associated opacity testing requirements do not apply for affected facilities using wet scrubbers.

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TABLE 3 TO SUBPART OOO OF PART 60—FUGITIVE EMISSION LIMITS

The owner or operator must meet the following fugitive emissions limit for grinding mills, screening operations, The owner or operator must bucket elevators, transfer meet the following fugitive The owner or operator must For * * * points on belt conveyors, bag- emissions limit for crushers at demonstrate compliance with ging operations, storage bins, which a capture system is not these limits by con- enclosed truck or railcar load- used*** ducting*** ing stations or from any other affected facility (as defined in §§ 60.670 and 60.671)***

Affected facilities (as defined 10 percent opacity ...... 15 percent opacity ...... An initial performance test ac- in §§ 60.670 and 60.671) cording to § 60.11 of this that commenced construc- part and § 60.675 of this tion, modification, or recon- subpart. struction after August 31, 1983 but before April 22, 2008. Affected facilities (as defined 7 percent opacity ...... 12 percent opacity ...... An initial performance test ac- in §§ 60.670 and 60.671) cording to § 60.11 of this that commence construc- part and § 60.675 of this tion, modification, or recon- subpart; and struction on or after April Periodic inspections of water 22, 2008. sprays according to § 60.674(b) and § 60.676(b); and A repeat performance test according to § 60.11 of this part and § 60.675 of this subpart within 5 years from the previous performance test for fugitive emissions from affected facilities without water sprays. Affected facilities controlled by water carryover from upstream water sprays that are inspected according to the requirements in §§ 60.674(b) and 60.676(b) are exempt from this 5-year repeat testing requirement.

Subpart PPP—Standard of Per- § 60.681 Definitions. formance for Wool Fiberglass As used in this subpart, all terms not Insulation Manufacturing defined herein shall have the meaning Plants given them in the Act and in subpart A of this part. SOURCE: 50 FR 7699, Feb. 25, 1985, unless Glass pull rate means the mass of mol- otherwise noted. ten glass utilized in the manufacture of wool fiberglass insulation at a single § 60.680 Applicability and designation manufacturing line in a specified time of affected facility. period. (a) The affected facility to which the Manufacturing line means the manu- provisions of this subpart apply is each facturing equipment comprising the rotary spin wool fiberglass insulation forming section, where molten glass is manufacturing line. fiberized and a fiberglass mat is (b) The owner or operator of any fa- formed; the curing section, where the cility under paragraph (a) of this sec- binder resin in the mat is thermally tion that commences construction, ‘‘set;’’ and the cooling section, where modification, or reconstruction after the mat is cooled. February 7, 1984, is subject to the re- Rotary spin means a process used to quirements of this subpart. produce wool fiberglass insulation by forcing molten glass through numerous

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small orifices in the side wall of a spin- as percent by weight. All monitoring ner to form continuous glass fibers devices required under this paragraph that are then broken into discrete are to be certified by their manufactur- lengths by high velocity air flow. ers to be accurate within ±5 percent Wool fiberglass insulation means a over their operating range. thermal insulation material composed (c) All monitoring devices required of glass fibers and made from glass pro- under this section are to be recali- duced or melted at the same facility brated quarterly in accordance with where the manufacturing line is lo- procedures under § 60.13(b). cated. § 60.684 Recordkeeping and reporting § 60.682 Standard for particulate mat- requirements. ter. (a) At 30-minute intervals during On and after the date on which the each 2-hour test run of each perform- performance test required to be con- ance test of a wet scrubber control de- ducted by § 60.8 is completed, no owner vice and at least once every 4 hours or operator subject to the provisions of thereafter, the owner or operator shall this subpart shall cause to be dis- record the measurements required by charged into the atmosphere from any § 60.683(a). affected facility any gases which con- (b) At 30-minute intervals during tain particulate matter in excess of 5.5 each 2-hour test run of each perform- kg/Mg (11.0 1b/ton) of glass pulled. ance test of a wet electrostatic precipitator control device and at least once § 60.683 Monitoring of operations. every 4 hours thereafter, the owner or (a) An owner or operator subject to operator shall record the measure- the provisions of this subpart who uses ments required by § 60.683(b), except a wet scrubbing control device to com- that the concentration of total residue ply with the mass emission standard in the water shall be recorded once dur- shall install, calibrate, maintain, and ing each performance test and once per operate monitoring devices that meas- day thereafter. ure the gas pressure drop across each (c) Records of the measurements re- scrubber and the scrubbing liquid flow quired in paragraphs (a) and (b) of this rate to each scrubber. The pressure section must be retained for at least 2 drop monitor is to be certified by its years. manufacturer to be accurate within (d) Each owner or operator shall sub- ±250 pascals (±1 inch water gauge) over mit written semiannual reports of its operating range, and the flow rate exceedances of control device operating monitor is to be certified by its manu- parameters required to be monitored facturer to be accurate within ±5 per- by paragraphs (a) and (b) of this sec- cent over its operating range. tion and written documentation of, and (b) An owner or operator subject to a report of corrective maintenance re- the provisions of this subpart who uses quired as a result of, quarterly calibra- a wet electrostatic precipitator control tions of the monitoring devices re- device to comply with the mass emis- quired in § 60.683(c). For the purpose of sion standard shall install, calibrate, these reports, exceedances are defined maintain, and operate monitoring de- as any monitoring data that are less vices that measure the primary and than 70 percent of the lowest value or secondary current (amperes) and volt- greater than 130 percent of the highest age in each electrical field and the value of each operating parameter re- inlet water flow rate. In addition, the corded during the most recent perform- owner or operator shall determine the ance test. total residue (total solids) content of (e) The requirements of this section the water entering the control device remain in force until and unless the once per day using Method 209A, Agency, in delegating enforcement au- ‘‘Total Residue Dried at 103–105 °C,’’ in thority to a State under section 111(c) Standard Methods for the Examination of of the Act, approves reporting require- Water and Wastewater, 15th Edition, ments or an alternative means of com- 1980 (incorporated by reference—see pliance surveillance adopted by such § 60.17). Total residue shall be reported State. In that event, affected facilities

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within the State will be relieved of the K′ = conversion factor, 6 × 10¥5 (min-Mg)/(hr- obligation to comply with this section, g) [3 × 10¥2 (min-ton)/(hr-lb)]. provided that they comply with the re- (i) ASTM D2584–68 (Reapproved 1985) quirements established by the State. or 94 (incorporated by reference—see § 60.17), shall be used to determine the § 60.685 Test methods and procedures. LOI for each run. (a) In conducting the performance (ii) Line speed (Ls), trimmed mat tests required in § 60.8, the owner or op- width (Wm), and mat gram weight (M) erator shall use as reference methods shall be determined for each run from and procedures the test methods in ap- the process information or from direct pendix A of this part or other methods measurements. and procedures as specified in this sec- (d) To comply with § 60.684(d), the tion, except as provided in § 60.8(b). owner or operator shall record meas- (b) The owner or operator shall con- urements as required in § 60.684 (a) and duct performance tests while the prod- (b) using the monitoring devices in uct with the highest loss on ignition § 60.683 (a) and (b) during the particu- (LOI) expected to be produced by the late matter runs. affected facility is being manufactured. (c) The owner or operator shall deter- [54 FR 6680, Feb. 14, 1989, as amended at 65 FR 61778, Oct. 17, 2000] mine compliance with the particulate matter standard in § 60.682 as follows: (1) The emission rate (E) of particu- Subpart QQQ—Standards of Per- late matter shall be computed for each formance for VOC Emissions run using the following equation: From Petroleum Refinery Wastewater Systems E = (Ct Qsd)/(Pavg K) where: SOURCE: 53 FR 47623, Nov. 23, 1988, unless E = emission rate of particulate matter, kg/ otherwise noted. Mg (lb/ton). Ct = concentration of particulate matter, g/ § 60.690 Applicability and designation dscm (gr/dscf). of affected facility. Qsd = volumetric flow rate of effluent gas, dscm/hr (dscf/hr). (a)(1) The provisions of this subpart Pavg = average glass pull rate, Mg/hr (ton/hr). apply to affected facilities located in K = 1,000 g/kg (7,000 gr/lb). petroleum refineries for which construction, modification, or reconstruc- (2) Method 5E shall be used to deter- tion is commenced after May 4, 1987. mine the particulate matter concentra- (2) An individual drain system is a tion (C ) and the volumetric flow rate t separate affected facility. (Q ) of the effluent gas. The sampling sd (3) An oil-water separator is a sepa- time and sample volume shall be at rate affected facility. least 120 minutes and 2.55 dscm (90.1 (4) An aggregate facility is a separate dscf). affected facility. (3) The average glass pull rate (P ) avg (b) Notwithstanding the provisions of for the manufacturing line shall be the 40 CFR 60.14(e)(2), the construction or arithmetic average of three glass pull installation of a new individual drain rate (P ) determinations taken at inter- i system shall constitute a modification vals of at least 30 minutes during each to an affected facility described in run. § 60.690(a)(4). For purposes of this para- The individual glass pull rates (Pi) graph, a new individual drain system shall be computed using the following shall be limited to all process drains equation: and the first common junction box. P = K′ L W M [1.0¥(LOI/100)] i s m § 60.691 Definitions. where: As used in this subpart, all terms not Pi = glass pull rate at interval ‘‘i’’, Mg/hr defined herein shall have the meaning (ton/hr). L = line speed, m/min (ft/min). given them in the Act or in subpart A s of 40 CFR part 60, and the following Wm = trimmed mat width, m (ft). M = mat gram weight, g/m2 (lb/ft2). terms shall have the specific meanings LOI = loss on ignition, weight percent. given them.

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Active service means that a drain is No detectable emissions means less receiving refinery wastewater from a than 500 ppm above background levels, process unit that will continuously as measured by a detection instrument maintain a water seal. in accordance with Method 21 in appen- Aggregate facility means an individual dix A of 40 CFR part 60. drain system together with ancillary Non-contact cooling water system downstream sewer lines and oil-water means a once-through drain, collection separators, down to and including the and treatment system designed and op- secondary oil-water separator, as appli- erated for collecting cooling water cable. which does not come into contact with Catch basin means an open basin hydrocarbons or oily wastewater and which serves as a single collection which is not recirculated through a point for stormwater runoff received cooling tower. directly from refinery surfaces and for Oil-water separator means wastewater refinery wastewater from process drains. treatment equipment used to separate Closed vent system means a system oil from water consisting of a separa- that is not open to the atmosphere and tion tank, which also includes the that is composed of piping, connec- forebay and other separator basins, tions, and, if necessary, flow-inducing skimmers, weirs, grit chambers, and devices that transport gas or vapor sludge hoppers. Slop oil facilities, in- from an emission source to a control cluding tanks, are included in this device. If gas or vapor from regulated term along with storage vessels and equipment are routed to a process (e.g., auxiliary equipment located between to a petroleum refinery fuel gas sys- individual drain systems and the oil- tem), the process shall not be consid- water separator. This term does not in- ered a closed vent system and is not clude storage vessels or auxiliary subject to the closed vent system equipment which do not come in con- standards. tact with or store oily wastewater. Completely closed drain system means Oily wastewater means wastewater an individual drain system that is not generated during the refinery process open to the atmosphere and is equipped which contains oil, emulsified oil, or and operated with a closed vent system other hydrocarbons. Oily wastewater and control device complying with the originates from a variety of refinery requirements of § 60.692–5. processes including cooling water, con- Control device means an enclosed densed stripping steam, tank draw-off, combustion device, vapor recovery sys- and contact process water. tem or flare. Petroleum means the crude oil re- Fixed roof means a cover that is moved from the earth and the oils de- mounted to a tank or chamber in a sta- rived from tar sands, shale, and coal. tionary manner and which does not Petroleum refinery means any facility move with fluctuations in wastewater engaged in producing gasoline, ker- levels. osene, distillate fuel oils, residual fuel Floating roof means a pontoon-type or double-deck type cover that rests on oils, lubricants, or other products the liquid surface. through the distillation of petroleum, Gas-tight means operated with no de- or through the redistillation of petro- tectable emissions. leum, cracking, or reforming unfin- Individual drain system means all ished petroleum derivatives. process drains connected to the first Sewer line means a lateral, trunk common downstream junction box. The line, branch line, ditch, channel, or term includes all such drains and com- other conduit used to convey refinery mon junction box, together with their wastewater to downstream components associated sewer lines and other junc- of a refinery wastewater treatment tion boxes, down to the receiving oil- system. This term does not include water separator. buried, below-grade sewer lines. Junction box means a manhole or ac- Slop oil means the floating oil and cess point to a wastewater sewer sys- solids that accumulate on the surface tem line. of an oil-water separator.

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Storage vessel means any tank, res- § 60.692–2 Standards: Individual drain ervoir, or container used for the stor- systems. age of petroleum liquids, including oily (a)(1) Each drain shall be equipped wastewater. with water seal controls. Stormwater sewer system means a (2) Each drain in active service shall drain and collection system designed be checked by visual or physical in- and operated for the sole purpose of spection initially and monthly there- collecting stormwater and which is after for indications of low water levels segregated from the process waste- or other conditions that would reduce water collection system. the effectiveness of the water seal con- Wastewater system means any compo- trols. nent, piece of equipment, or installa- (3) Except as provided in paragraph tion that receives, treats, or processes (a)(4) of this section, each drain out of oily wastewater from petroleum refin- active service shall be checked by vis- ery process units. ual or physical inspection initially and Water seal controls means a seal pot, weekly thereafter for indications of p-leg trap, or other type of trap filled low water levels or other problems that with water that has a design capability could result in VOC emissions. to create a water barrier between the (4) As an alternative to the require- sewer and the atmosphere. ments in paragraph (a)(3) of this sec- [53 FR 47623, Nov. 23, 1985, as amended at 60 tion, if an owner or operator elects to FR 43259, Aug. 18, 1995] install a tightly sealed cap or plug over a drain that is out of service, inspec- § 60.692–1 Standards: General. tions shall be conducted initially and (a) Each owner or operator subject to semiannually to ensure caps or plugs the provisions of this subpart shall are in place and properly installed. comply with the requirements of (5) Whenever low water levels or §§ 60.692–1 to 60.692–5 and with §§ 60.693–1 missing or improperly installed caps or and 60.693–2, except during periods of plugs are identified, water shall be startup, shutdown, or malfunction. added or first efforts at repair shall be (b) Compliance with §§ 60.692–1 to made as soon as practicable, but not 60.692–5 and with §§ 60.693–1 and 60.693–2 later than 24 hours after detection, ex- will be determined by review of records cept as provided in § 60.692–6. and reports, review of performance test (b)(1) Junction boxes shall be results, and inspection using the meth- equipped with a cover and may have an ods and procedures specified in § 60.696. open vent pipe. The vent pipe shall be (c) Permission to use alternative at least 90 cm (3 ft) in length and shall means of emission limitation to meet not exceed 10.2 cm (4 in) in diameter. the requirements of §§ 60.692–2 through (2) Junction box covers shall have a 60.692–4 may be granted as provided in tight seal around the edge and shall be § 60.694. kept in place at all times, except dur- (d)(1) Stormwater sewer systems are ing inspection and maintenance. not subject to the requirements of this (3) Junction boxes shall be visually subpart. inspected initially and semiannually (2) Ancillary equipment, which is thereafter to ensure that the cover is physically separate from the waste- in place and to ensure that the cover water system and does not come in has a tight seal around the edge. contact with or store oily wastewater, (4) If a broken seal or gap is identi- is not subject to the requirements of fied, first effort at repair shall be made this subpart. as soon as practicable, but not later (3) Non-contact cooling water sys- than 15 calendar days after the broken tems are not subject to the require- seal or gap is identified, except as pro- ments of this subpart. vided in § 60.692–6. (4) An owner or operator shall dem- (c)(1) Sewer lines shall not be open to onstrate compliance with the exclu- the atmosphere and shall be covered or sions in paragraphs (d)(1), (2), and (3) of enclosed in a manner so as to have no this section as provided in § 60.697 (h), visual gaps or cracks in joints, seals, or (i), and (j). other emission interfaces.

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(2) The portion of each unburied (5) When a broken seal or gasket or sewer line shall be visually inspected other problem is identified, first efforts initially and semiannually thereafter at repair shall be made as soon as prac- for indication of cracks, gaps, or other ticable, but not later than 15 calendar problems that could result in VOC days after it is identified, except as emissions. provided in § 60.692–6. (3) Whenever cracks, gaps, or other (b) Each oil-water separator tank or problems are detected, repairs shall be auxiliary equipment with a design ca- made as soon as practicable, but not pacity to treat more than 16 liters per later than 15 calendar days after iden- second (250 gallons per minute (gpm)) tification, except as provided in of refinery wastewater shall, in addi- § 60.692–6. tion to the requirements in paragraph (d) Except as provided in paragraph (a) of this section, be equipped and op- (e) of this section, each modified or re- erated with a closed vent system and constructed individual drain system control device, which meet the require- that has a catch basin in the existing ments of § 60.692–5, except as provided configuration prior to May 4, 1987 shall in paragraph (c) of this section or in be exempt from the provisions of this § 60.693–2. section. (c)(1) Each modified or reconstructed (e) Refinery wastewater routed oil-water separator tank with a maximum design capacity to treat less through new process drains and a new than 38 liters per second (600 gpm) of first common downstream junction refinery wastewater which was box, either as part of a new individual equipped and operated with a fixed roof drain system or an existing individual covering the entire separator tank or a drain system, shall not be routed portion of the separator tank prior to through a downstream catch basin. May 4, 1987 shall be exempt from the § 60.692–3 Standards: Oil-water separa- requirements of paragraph (b) of this tors. section, but shall meet the requirements of paragraph (a) of this section, (a) Each oil-water separator tank, or may elect to comply with paragraph slop oil tank, storage vessel, or other (c)(2) of this section. auxiliary equipment subject to the re- (2) The owner or operator may elect quirements of this subpart shall be to comply with the requirements of equipped and operated with a fixed paragraph (a) of this section for the ex- roof, which meets the following speci- isting fixed roof covering a portion of fications, except as provided in para- the separator tank and comply with graph (d) of this section or in § 60.693–2. the requirements for floating roofs in (1) The fixed roof shall be installed to § 60.693–2 for the remainder of the sepa- completely cover the separator tank, rator tank. slop oil tank, storage vessel, or other (d) Storage vessels, including slop oil auxiliary equipment with no separa- tanks and other auxiliary tanks that tion between the roof and the wall. are subject to the standards in §§ 60.112, (2) The vapor space under a fixed roof 60.112a, and 60.112b and associated re- shall not be purged unless the vapor is quirements, 40 CFR part 60, subparts K, directed to a control device. Ka, or Kb are not subject to the re- (3) If the roof has access doors or quirements of this section. openings, such doors or openings shall (e) Slop oil from an oil-water sepa- be gasketed, latched, and kept closed rator tank and oily wastewater from at all times during operation of the slop oil handling equipment shall be separator system, except during inspec- collected, stored, transported, recy- tion and maintenance. cled, reused, or disposed of in an en- (4) Roof seals, access doors, and other closed system. Once slop oil is returned openings shall be checked by visual in- to the process unit or is disposed of, it spection initially and semiannually is no longer within the scope of this thereafter to ensure that no cracks or subpart. Equipment used in handling gaps occur between the roof and wall slop oil shall be equipped with a fixed and that access doors and other open- roof meeting the requirements of para- ings are closed and gasketed properly. graph (a) of this section.

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(f) Each oil-water separator tank, (4) All gauging and sampling devices slop oil tank, storage vessel, or other shall be gas-tight except when gauging auxiliary equipment that is required to or sampling is taking place. comply with paragraph (a) of this sec- (5) When emissions from a closed sys- tion, and not paragraph (b) of this sec- tem are detected, first efforts at repair tion, may be equipped with a pressure to eliminate the emissions shall be control valve as necessary for proper made as soon as practicable, but not system operation. The pressure control later than 30 calendar days from the valve shall be set at the maximum date the emissions are detected, except pressure necessary for proper system as provided in § 60.692–6. operation, but such that the value will not vent continuously. § 60.692–6 Standards: Delay of repair. [53 FR 47623, Nov. 23, 1985, as amended at 60 (a) Delay of repair of facilities that FR 43259, Aug. 18, 1995; 65 FR 61778, Oct. 17, are subject to the provisions of this 2000] subpart will be allowed if the repair is technically impossible without a com- § 60.692–4 Standards: Aggregate facil- plete or partial refinery or process unit ity. shutdown. A new, modified, or reconstructed ag- (b) Repair of such equipment shall gregate facility shall comply with the occur before the end of the next refin- requirements of §§ 60.692–2 and 60.692–3. ery or process unit shutdown.

§ 60.692–5 Standards: Closed vent sys- § 60.692–7 Standards: Delay of compli- tems and control devices. ance. (a) Enclosed combustion devices shall (a) Delay of compliance of modified be designed and operated to reduce the individual drain systems with ancillary VOC emissions vented to them with an downstream treatment components efficiency of 95 percent or greater or to will be allowed if compliance with the provide a minimum residence time of provisions of this subpart cannot be 0.75 seconds at a minimum temperature achieved without a refinery or process of 816 °C (1,500 °F). unit shutdown. (b) Vapor recovery systems (for example, condensers and adsorbers) shall (b) Installation of equipment nec- be designed and operated to recover the essary to comply with the provisions of VOC emissions vented to them with an this subpart shall occur no later than efficiency of 95 percent or greater. the next scheduled refinery or process (c) Flares used to comply with this unit shutdown. subpart shall comply with the require- § 60.693–1 Alternative standards for in- ments of 40 CFR 60.18. dividual drain systems. (d) Closed vent systems and control devices used to comply with provisions (a) An owner or operator may elect of this subpart shall be operated at all to construct and operate a completely times when emissions may be vented to closed drain system. them. (b) Each completely closed drain sys- (e)(1) Closed vent systems shall be de- tem shall be equipped and operated signed and operated with no detectable with a closed vent system and control emissions, as indicated by an instru- device complying with the requirement reading of less than 500 ppm ments of § 60.692–5. above background, as determined dur- (c) An owner or operator must notify ing the initial and semiannual inspec- the Administrator in the report re- tions by the methods specified in quired in 40 CFR 60.7 that the owner or § 60.696. operator has elected to construct and (2) Closed vent systems shall be operate a completely closed drain sys- purged to direct vapor to the control tem. device. (d) If an owner or operator elects to (3) A flow indicator shall be installed comply with the provisions of this sec- on a vent stream to a control device to tion, then the owner or operator does ensure that the vapors are being routed not need to comply with the provisions to the device. of § 60.692–2 or § 60.694.

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(e)(1) Sewer lines shall not be open to (A) The gap width between the sec- the atmosphere and shall be covered or ondary seal and the separator wall enclosed in a manner so as to have no shall not exceed 1.3 cm (0.5 in.) at any visual gaps or cracks in joints, seals, or point. other emission interfaces. (B) The total gap area between the (2) The portion of each unburied secondary seal and the separator wall sewer line shall be visually inspected shall not exceed 6.7 cm2/m (0.32 in.2/ft) initially and semiannually thereafter of separator wall perimeter. for indication of cracks, gaps, or other (iii) The maximum gap width and problems that could result in VOC total gap area shall be determined by emissions. the methods and procedures specified (3) Whenever cracks, gaps, or other in § 60.696(d). problems are detected, repairs shall be (A) Measurement of primary seal made as soon as practicable, but not gaps shall be performed within 60 cal- later than 15 calendar days after iden- endar days after initial installation of tification, except as provided in the floating roof and introduction of § 60.692–6. refinery wastewater and once every 5 years thereafter. § 60.693–2 Alternative standards for oil-water separators. (B) Measurement of secondary seal gaps shall be performed within 60 cal- (a) An owner or operator may elect endar days of initial introduction of re- to construct and operate a floating roof finery wastewater and once every year on an oil-water separator tank, slop oil thereafter. tank, storage vessel, or other auxiliary (iv) The owner or operator shall equipment subject to the requirements make necessary repairs within 30 cal- of this subpart which meets the fol- endar days of identification of seals not lowing specifications. meeting the requirements listed in (1) Each floating roof shall be paragraphs (a)(1) (i) and (ii) of this sec- equipped with a closure device between tion. the wall of the separator and the roof edge. The closure device is to consist of (2) Except as provided in paragraph a primary seal and a secondary seal. (a)(4) of this section, each opening in the roof shall be equipped with a (i) The primary seal shall be a liquid- gasketed cover, seal, or lid, which shall mounted seal or a mechanical shoe seal. be maintained in a closed position at all times, except during inspection and (A) A liquid-mounted seal means a maintenance. foam- or liquid-filled seal mounted in contact with the liquid between the (3) The roof shall be floating on the wall of the separator and the floating liquid (i.e., off the roof supports) at all roof. A mechanical shoe seal means a times except during abnormal condi- metal sheet held vertically against the tions (i.e., low flow rate). wall of the separator by springs or (4) The floating roof may be equipped weighted levers and is connected by with one or more emergency roof braces to the floating roof. A flexible drains for removal of stormwater. Each coated fabric (envelope) spans the an- emergency roof drain shall be fitted nular space between the metal sheet with a slotted membrane fabric cover and the floating roof. that covers at least 90 percent of the (B) The gap width between the pri- drain opening area or a flexible fabric mary seal and the separator wall shall sleeve seal. not exceed 3.8 cm (1.5 in.) at any point. (5)(i) Access doors and other openings (C) The total gap area between the shall be visually inspected initially and primary seal and the separator wall semiannually thereafter to ensure that shall not exceed 67 cm2/m (3.2 in.2/ft) of there is a tight fit around the edges separator wall perimeter. and to identify other problems that (ii) The secondary seal shall be above could result in VOC emissions. the primary seal and cover the annular (ii) When a broken seal or gasket on space between the floating roof and the an access door or other opening is iden- wall of the separator. tified, it shall be repaired as soon as

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practicable, but not later than 30 cal- requirements are approved for that fa- endar days after it is identified, except cility by the Administrator. as provided in § 60.692–6. (1) Where a thermal incinerator is (b) An owner or operator must notify used for VOC emission reduction, a the Administrator in the report re- temperature monitoring device quired by 40 CFR 60.7 that the owner or equipped with a continuous recorder operator has elected to construct and shall be used to measure the tempera- operate a floating roof under paragraph ture of the gas stream in the combus- (a) of this section. tion zone of the incinerator. The tem- (c) For portions of the oil-water sepa- perature monitoring device shall have rator tank where it is infeasible to con- an accuracy of ±1 percent of the tem- struct and operate a floating roof, such perature being measured, expressed in as the skimmer mechanism and weirs, °C, or ±0.5 °C (0.9 °F), whichever is a fixed roof meeting the requirements greater. of § 60.692–3(a) shall be installed. (2) Where a catalytic incinerator is (d) Except as provided in paragraph used for VOC emission reduction, tem- (c) of this section, if an owner or oper- perature monitoring devices, each ator elects to comply with the provi- equipped with a continuous recorder sions of this section, then the owner or shall be used to measure the tempera- operator does not need to comply with ture in the gas stream immediately be- the provisions of § 60.692–3 or § 60.694 ap- fore and after the catalyst bed of the plicable to the same facilities. incinerator. The temperature moni- [53 FR 47623, Nov. 23, 1985, as amended at 60 toring devices shall have an accuracy FR 43259, Aug. 18, 1995] of ±1 percent of the temperature being measured, expressed in °C, or ±0.5 °C § 60.694 Permission to use alternative (0.9 °F), whichever is greater. means of emission limitation. (3) Where a carbon adsorber is used (a) If, in the Administrator’s judg- for VOC emissions reduction, a moni- ment, an alternative means of emission toring device that continuously indi- limitation will achieve a reduction in cates and records the VOC concentra- VOC emissions at least equivalent to tion level or reading of organics in the the reduction in VOC emissions exhaust gases of the control device out- achieved by the applicable requirement let gas stream or inlet and outlet gas in § 60.692, the Administrator will pub- stream shall be used. lish in the FEDERAL REGISTER a notice (i) For a carbon adsorption system permitting the use of the alternative that regenerates the carbon bed di- means for purposes of compliance with rectly onsite, a monitoring device that that requirement. The notice may con- continuously indicates and records the dition the permission on requirements volatile organic compound concentra- related to the operation and mainte- tion level or reading of organics in the nance of the alternative means. exhaust gases of the control device out- (b) Any notice under paragraph (a) of let gas stream or inlet and outlet gas this section shall be published only stream shall be used. after notice and an opportunity for a (ii) For a carbon adsorption system hearing. that does not regenerate the carbon (c) Any person seeking permission bed directly onsite in the control de- under this section shall collect, verify, vice (e.g., a carbon canister), the con- and submit to the Administrator infor- centration level of the organic com- mation showing that the alternative pounds in the exhaust vent stream means achieves equivalent emission re- from the carbon adsorption system ductions. shall be monitored on a regular schedule, and the existing carbon shall be re- § 60.695 Monitoring of operations. placed with fresh carbon immediately (a) Each owner or operator subject to when carbon breakthrough is indi- the provisions of this subpart shall in- cated. The device shall be monitored stall, calibrate, maintain, and operate on a daily basis or at intervals no according to manufacturer’s specifica- greater than 20 percent of the design tions the following equipment, unless carbon replacement interval, which- alternative monitoring procedures or ever is greater. As an alternative to

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conducting this monitoring, an owner measure the emission concentrations, or operator may replace the carbon in using 500 ppm as the no detectable the carbon adsorption system with emission limit. The instrument shall fresh carbon at a regular predeter- be calibrated each day before using. mined time interval that is less than The calibration gases shall be: the carbon replacement interval that is (1) Zero air (less than 10 ppm of hy- determined by the maximum design drocarbon in air), and flow rate and organic concentration in (2) A mixture of either methane or n- the gas stream vented to the carbon hexane and air at a concentration of adsorption system. approximately, but less than, 10,000 (4) Where a flare is used for VOC ppm methane or n-hexane. emission reduction, the owner or oper- (c) The owner or operator shall con- ator shall comply with the monitoring duct a performance test initially, and requirements of 40 CFR 60.18(f)(2). at other times as requested by the Ad- (b) Where a VOC recovery device ministrator, using the test methods other than a carbon adsorber is used to and procedures in § 60.18(f) to determine meet the requirements specified in compliance of flares. § 60.692–5(a), the owner or operator shall (d) After installing the control equip- provide to the Administrator informa- ment required to meet § 60.693–2(a) or tion describing the operation of the whenever sources that have ceased to control device and the process param- treat refinery wastewater for a period eter(s) that would indicate proper oper- of 1 year or more are placed back into ation and maintenance of the device. service, the owner or operator shall de- The Administrator may request further termine compliance with the standards information and will specify appro- in § 60.693–2(a) as follows: priate monitoring procedures or re- (1) The maximum gap widths and quirements. maximum gap areas between the pri- (c) An alternative operational or mary seal and the separator wall and process parameter may be monitored if between the secondary seal and the it can be demonstrated that another separator wall shall be determined in- parameter will ensure that the control dividually within 60 calendar days of device is operated in conformance with the initial installation of the floating these standards and the control de- roof and introduction of refinery vice’s design specifications. wastewater or 60 calendar days after [53 FR 47623, Nov. 23, 1985, as amended at 60 the equipment is placed back into serv- FR 43259, Aug. 18, 1995; 65 FR 61778, Oct. 17, ice using the following procedure when 2000] the separator is filled to the design operating level and when the roof is float- § 60.696 Performance test methods and ing off the roof supports. procedures and compliance provi- (i) Measure seal gaps around the en- sions. tire perimeter of the separator in each (a) Before using any equipment in- place where a 0.32 cm (0.125 in.) diame- stalled in compliance with the require- ter uniform probe passes freely (with- ments of § 60.692–2, § 60.692–3, § 60.692–4, out forcing or binding against seal) be- § 60.692–5, or § 60.693, the owner or oper- tween the seal and the wall of the sepa- ator shall inspect such equipment for rator and measure the gap width and indications of potential emissions, de- perimetrical distance of each such lo- fects, or other problems that may cation. cause the requirements of this subpart (ii) The total surface area of each gap not to be met. Points of inspection described in (d)(1)(i) of this section shall include, but are not limited to, shall be determined by using probes of seals, flanges, joints, gaskets, hatches, various widths to measure accurately caps, and plugs. the actual distance from the wall to (b) The owner or operator of each the seal and multiplying each such source that is equipped with a closed width by its respective perimetrical vent system and control device as re- distance. quired in § 60.692–5 (other than a flare) (iii) Add the gap surface area of each is exempt from § 60.8 of the General gap location for the primary seal and Provisions and shall use Method 21 to the secondary seal individually, divide

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the sum for each seal by the nominal problem is identified that could result perimeter of the separator basin and in VOC emissions. compare each to the maximum gap (e)(1) If an emission point cannot be area as specified in § 60.693–2. repaired or corrected without a process (2) The gap widths and total gap area unit shutdown, the expected date of a shall be determined using the proce- successful repair shall be recorded. dure in paragraph (d)(1) of this section (2) The reason for the delay as speci- according to the following frequency: fied in § 60.692–6 shall be recorded if an (i) For primary seals, once every 5 emission point or equipment problem years. is not repaired or corrected in the spec- (ii) For secondary seals, once every ified amount of time. year. (3) The signature of the owner or op- § 60.697 Recordkeeping requirements. erator (or designee) whose decision it was that repair could not be effected (a) Each owner or operator of a facil- without refinery or process shutdown ity subject to the provisions of this shall be recorded. subpart shall comply with the recordkeeping requirements of this section. (4) The date of successful repair or All records shall be retained for a pe- corrective action shall be recorded. riod of 2 years after being recorded un- (f)(1) A copy of the design specifica- less otherwise noted. tions for all equipment used to comply (b)(1) For individual drain systems with the provisions of this subpart subject to § 60.692–2, the location, date, shall be kept for the life of the source and corrective action shall be recorded in a readily accessible location. for each drain when the water seal is (2) The following information per- dry or otherwise breached, when a taining to the design specifications drain cap or plug is missing or improp- shall be kept. erly installed, or other problem is iden- (i) Detailed schematics, and piping tified that could result in VOC emis- and instrumentation diagrams. sions, as determined during the initial (ii) The dates and descriptions of any and periodic visual or physical inspec- changes in the design specifications. tion. (3) The following information per- (2) For junction boxes subject to taining to the operation and mainte- § 60.692–2, the location, date, and cor- nance of closed drain systems and rective action shall be recorded for in- closed vent systems shall be kept in a spections required by § 60.692–2(b) when readily accessible location. a broken seal, gap, or other problem is (i) Documentation demonstrating identified that could result in VOC that the control device will achieve the emissions. required control efficiency during max- (3) For sewer lines subject to §§ 60.692– imum loading conditions shall be kept 2 and 60.693–1(e), the location, date, and for the life of the facility. This docu- corrective action shall be recorded for mentation is to include a general de- inspections required by §§ 60.692–2(c) and 60.693–1(e) when a problem is iden- scription of the gas streams that enter tified that could result in VOC emis- the control device, including flow and sions. volatile organic compound content (c) For oil-water separators subject under varying liquid level conditions to § 60.692–3, the location, date, and cor- (dynamic and static) and manufactur- rective action shall be recorded for in- er’s design specifications for the con- spections required by § 60.692–3(a) when trol device. If an enclosed combustion a problem is identified that could re- device with a minimum residence time sult in VOC emissions. of 0.75 seconds and a minimum tem- (d) For closed vent systems subject perature of 816 °C (1,500 °F) is used to to § 60.692–5 and completely closed meet the 95-percent requirement, docu- drain systems subject to § 60.693–1, the mentation that those conditions exist location, date, and corrective action is sufficient to meet the requirements shall be recorded for inspections re- of this paragraph. quired by § 60.692–5(e) during which de- (ii) For a carbon adsorption system tectable emissions are measured or a that does not regenerate the carbon

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bed directly onsite in the control de- stream both upstream and downstream vice such as a carbon canister, the de- of the catalyst bed of the incinerator, sign analysis shall consider the vent records of all 3-hour periods of oper- stream composition, constituent con- ation during which the average tem- centrations, flow rate, relative humid- perature measured before the catalyst ity, and temperature. The design anal- bed is more than 28 °C (50 °F) below the ysis shall also establish the design ex- design gas stream temperature, and haust vent stream organic compound records of all 3-hour periods during concentration level, capacity of carbon which the average temperature dif- bed, type and working capacity of acti- ference across the catalyst bed is less vated carbon used for carbon bed, and than 80 percent of the design tempera- design carbon replacement interval ture difference, and shall keep such based on the total carbon working ca- records for 2 years after the informa- pacity of the control device and source tion is recorded. operating schedule. (x) Each owner or operator of an af- (iii) Periods when the closed vent fected facility that uses a carbon systems and control devices required in adsorber shall maintain continuous § 60.692 are not operated as designed, in- records of the VOC concentration level cluding periods when a flare pilot does or reading of organics of the control not have a flame shall be recorded and device outlet gas stream or inlet and kept for 2 years after the information outlet gas stream and records of all 3- is recorded. hour periods of operation during which (iv) Dates of startup and shutdown of the average VOC concentration level or the closed vent system and control de- reading of organics in the exhaust vices required in § 60.692 shall be re- gases, or inlet and outlet gas stream, is corded and kept for 2 years after the more than 20 percent greater than the information is recorded. design exhaust gas concentration level, (v) The dates of each measurement of and shall keep such records for 2 years detectable emissions required in after the information is recorded. § 60.692, § 60.693, or § 60.692–5 shall be re- (A) Each owner or operator of an af- corded and kept for 2 years after the fected facility that uses a carbon information is recorded. adsorber which is regenerated directly (vi) The background level measured onsite shall maintain continuous during each detectable emissions meas- records of the volatile organic com- urement shall be recorded and kept for pound concentration level or reading of 2 years after the information is re- organics of the control device outlet corded. gas stream or inlet and outlet gas (vii) The maximum instrument read- stream and records of all 3-hour periods ing measured during each detectable of operation during which the average emission measurement shall be re- volatile organic compound concentra- corded and kept for 2 years after the tion level or reading of organics in the information is recorded. exhaust gases, or inlet and outlet gas (viii) Each owner or operator of an stream, is more than 20 percent greater affected facility that uses a thermal in- than the design exhaust gas concentra- cinerator shall maintain continuous tion level, and shall keep such records records of the temperature of the gas for 2 years after the information is re- stream in the combustion zone of the corded. incinerator and records of all 3-hour (B) If a carbon adsorber that is not periods of operation during which the regenerated directly onsite in the con- average temperature of the gas stream trol device is used, then the owner or in the combustion zone is more than 28 operator shall maintain records of °C (50 °F) below the design combustion dates and times when the control de- zone temperature, and shall keep such vice is monitored, when breakthrough records for 2 years after the informa- is measured, and shall record the date tion is recorded. and time that the existing carbon in (ix) Each owner or operator of an af- the control device is replaced with fected facility that uses a catalytic in- fresh carbon. cinerator shall maintain continuous (g) If an owner or operator elects to records of the temperature of the gas install a tightly sealed cap or plug over

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a drain that is out of active service, mit to the Administrator within 60 the owner or operator shall keep for days after initial startup a certifi- the life of a facility in a readily acces- cation that the equipment necessary to sible location, plans or specifications comply with these standards has been which indicate the location of such installed and that the required initial drains. inspections or tests of process drains, (h) For stormwater sewer systems sewer lines, junction boxes, oil-water subject to the exclusion in § 60.692– separators, and closed vent systems 1(d)(1), an owner or operator shall keep and control devices have been carried for the life of the facility in a readily out in accordance with these stand- accessible location, plans or specifica- ards. Thereafter, the owner or operator tions which demonstrate that no shall submit to the Administrator wastewater from any process units or semiannually a certification that all of equipment is directly discharged to the the required inspections have been car- stormwater sewer system. ried out in accordance with these (i) For ancillary equipment subject standards. to the exclusion in § 60.692–1(d)(2), an (2) Each owner or operator of an af- owner or operator shall keep for the fected facility that uses a flare shall life of a facility in a readily accessible submit to the Administrator within 60 location, plans or specifications which days after initial startup, as required demonsrate that the ancillary equip- under § 60.8(a), a report of the results of ment does not come in contact with or the performance test required in store oily wastewater. § 60.696(c). (j) For non-contact cooling water systems subject to the exclusion in (c) A report that summarizes all in- § 60.692–1(d)(3), an owner or operator spections when a water seal was dry or shall keep for the life of the facility in otherwise breached, when a drain cap a readily accessible location, plans or or plug was missing or improperly in- specifications which demonstrate that stalled, or when cracks, gaps, or other the cooling water does not contact hy- problems were identified that could re- drocarbons or oily wastewater and is sult in VOC emissions, including infor- not recirculated through a cooling mation about the repairs or corrective tower. action taken, shall be submitted ini- (k) For oil-water separators subject tially and semiannually thereafter to to § 60.693–2, the location, date, and cor- the Administrator. rective action shall be recorded for in- (d) As applicable, a report shall be spections required by §§ 60.693– submitted semiannually to the Admin- 2(a)(1)(iii)(A) and (B), and shall be istrator that indicates: maintained for the time period speci- (1) Each 3-hour period of operation fied in paragraphs (k)(1) and (2) of this during which the average temperature section. of the gas stream in the combustion (1) For inspections required by zone of a thermal incinerator, as meas- § 60.693-2(a)(1)(iii)(A), ten years after ured by the temperature monitoring the information is recorded. device, is more than 28 °C (50 °F) below (2) For inspections required by the design combustion zone tempera- § 60.693–2(a)(1)(iii)(B), two years after ture, the information is recorded. (2) Each 3-hour period of operation [53 FR 47623, Nov. 23, 1985, as amended at 60 during which the average temperature FR 43259, Aug. 18, 1995; 65 FR 61778, Oct. 17, of the gas stream immediately before 2000] the catalyst bed of a catalytic incinerator, as measured by the temperature § 60.698 Reporting requirements. monitoring device, is more than 28 °C (a) An owner or operator electing to (50 °F) below the design gas stream comply with the provisions of § 60.693 temperature, and any 3-hour period shall notify the Administrator of the during which the average temperature alternative standard selected in the re- difference across the catalyst bed (i.e., port required in § 60.7. the difference between the tempera- (b)(1) Each owner or operator of a fa- tures of the gas stream immediately cility subject to this subpart shall sub- before and after the catalyst bed), as

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measured by the temperature moni- Subpart RRR—Standards of Per- toring device, is less than 80 percent of formance for Volatile Organic the design temperature difference, or, Compound Emissions From (3) Each 3-hour period of operation Synthetic Organic Chemical during which the average VOC con- Manufacturing Industry centration level or reading of organics in the exhaust gases from a carbon (SOCMI) Reactor Processes adsorber is more than 20 percent greater than the design exhaust gas con- SOURCE: 58 FR 45962, Aug. 31, 1993, unless centration level or reading. otherwise noted. (i) Each 3-hour period of operation § 60.700 Applicability and designation during which the average volatile or- of affected facility. ganic compound concentration level or (a) The provisions of this subpart reading of organics in the exhaust apply to each affected facility des- gases from a carbon adsorber which is ignated in paragraph (b) of this section regenerated directly onsite is more that is part of a process unit that pro- than 20 percent greater than the design duces any of the chemicals listed in exhaust gas concentration level or § 60.707 as a product, co-product, by- reading. product, or intermediate, except as (ii) Each occurrence when the carbon provided in paragraph (c) of this sec- in a carbon adsorber system that is not tion. regenerated directly onsite in the con- (b) The affected facility is any of the trol device is not replaced at the pre- following for which construction, modi- determined interval specified in fication, or reconstruction commenced § 60.695(a)(3)(ii). after June 29, 1990: (e) If compliance with the provisions (1) Each reactor process not dis- of this subpart is delayed pursuant to charging its vent stream into a recov- § 60.692–7, the notification required ery system. under 40 CFR 60.7(a)(4) shall include (2) Each combination of a reactor the estimated date of the next sched- process and the recovery system into uled refinery or process unit shutdown which its vent stream is discharged. after the date of notification and the (3) Each combination of two or more reason why compliance with the stand- reactor processes and the common re- ards is technically impossible without covery system into which their vent a refinery or process unit shutdown. streams are discharged. (c) Exemptions from the provisions of [53 FR 47623, Nov. 23, 1988, as amended at 60 paragraph (a) of this section are as fol- FR 43260, Aug. 18, 1995] lows: § 60.699 Delegation of authority. (1) Any reactor process that is designed and operated as a batch oper- (a) In delegating implementation and ation is not an affected facility. enforcement authority to a State (2) Each affected facility that has a under section 111(c) of the Act, the au- total resource effectiveness (TRE) thorities contained in paragraph (b) of index value greater than 8.0 is exempt this section shall be retained by the from all provisions of this subpart ex- Administrator and not transferred to a cept for §§ 60.702(c); 60.704 (d), (e), and State. (f); and 60.705 (g), (l)(1), (l)(6), and (t). (b) Authorities which will not be del- (3) Each affected facility in a process egated to States: unit with a total design capacity for all § 60.694 Permission to use alternative chemicals produced within that unit of means of emission limitations. less than 1 gigagram per year (1,100 tons per year) is exempt from all provi- [53 FR 47623, Nov. 23, 1985] sions of this subpart except for the recordkeeping and reporting requirements in § 60.705 (i), (l)(5), and (n). (4) Each affected facility operated with a vent stream flow rate less than

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0.011 scm/min is exempt from all provi- implementing 40 CFR part 65 still sions of this subpart except for the test apply. Owners and operators who method and procedure and the record- choose to comply with 40 CFR part 65, keeping and reporting requirements in subpart D, must comply with 40 CFR §§ 60.704(g) and 70.705 (h), (l)(4), and (o). part 65, subpart A. (5) If the vent stream from an af- (3) Compliance date. Owners or opera- fected facility is routed to a distilla- tors who choose to comply with 40 CFR tion unit subject to subpart NNN and part 65, subpart D at initial startup has no other releases to the air except shall comply with paragraphs (d)(1) and for a pressure relief valve, the facility (2) of this section for each vent stream is exempt from all provisions of this on and after the date on which the ini- subpart except for § 60.705(r). tial performance test is completed, but (6) Any reactor process operating as not later than 60 days after achieving part of a process unit which produces the maximum production rate at which beverage alcohols, or which uses, con- the affected facility will be operated, tains, and produces no VOC is not an affected facility. or 180 days after the initial startup, (7) Any reactor process that is sub- whichever date comes first. ject to the provisions of subpart DDD (4) Initial startup notification. Each is not an affected facility. owner or operator subject to the provi- (8) Each affected facility operated sions of this subpart that chooses to with a concentration of total organic comply with 40 CFR part 65, subpart D, compounds (TOC) (less methane and at initial startup shall notify the Ad- ethane) in the vent stream less than ministrator of the specific provisions 300 ppmv as measured by Method 18 or of 40 CFR 65.63(a)(1), (2), or (3), with a concentration of TOC in the vent which the owner or operator has elect- stream less than 150 ppmv as measured ed to comply. Notification shall be sub- by Method 25A is exempt from all pro- mitted with the notifications of initial visions of this subpart except for the startup required by 40 CFR 65.5(b). test method and procedure and the reporting and recordkeeping require- (NOTE: The intent of these standards is to minimize emissions of VOC through the ap- ments in § 60.704(h) and paragraphs (j), plication of best demonstrated technology (l)(8), and (p) of § 60.705. (BDT). The numerical emission limits in (d) Alternative means of compliance— these standards are expressed in terms of (1) Option to comply with part 65. Owners TOC, measured as TOC less methane and eth- or operators of process vents that are ane. This emission limit reflects the per- subject to this subpart may choose to formance of BDT.) comply with the provisions of 40 CFR [58 FR 45962, Aug. 31, 1993, as amended at 60 part 65, subpart D, to satisfy the re- FR 58238, Nov. 27, 1995; 65 FR 78279, Dec. 14, quirements of §§ 60.702 through 60.705 2000] and 60.708. The provisions of 40 CFR part 65 also satisfy the criteria of para- § 60.701 Definitions. graphs (c)(2), (4), and (8) of this section. As used in this subpart, all terms not Other provisions applying to an owner or operator who chooses to comply defined here shall have the meaning with 40 CFR part 65 are provided in 40 given them in the Act and in subpart A CFR 65.1. of part 60, and the following terms (2) Part 60, subpart A. Owners or oper- shall have the specific meanings given ators who choose to comply with 40 them. CFR part 65, subpart D, must also com- Batch operation means any non- ply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) continuous reactor process that is not and (4), 60.14, 60.15, and 60.16 for those characterized by steady-state condi- process vents. All sections and para- tions and in which reactants are not graphs of subpart A of this part that added and products are not removed si- are not mentioned in this paragraph multaneously. (d)(2) do not apply to owners or opera- Boiler means any enclosed combustors of process vents complying with 40 tion device that extracts useful energy CFR part 65, subpart D, except that in the form of steam and is not an in- provisions required to be met prior to cinerator.

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By compound means by individual cient feed or raw materials and suffi- stream components, not carbon equiva- cient product storage facilities. lents. Product means any compound or Car-seal means a seal that is placed chemical listed in § 60.707 which is pro- on a device that is used to change the duced for sale as a final product as that position of a valve (e.g., from opened to chemical, or for use in the production closed) in such a way that the position of other chemicals or compounds. By- of the valve cannot be changed without products, co-products, and intermedi- breaking the seal. ates are considered to be products. Combustion device means an indi- Reactor processes are unit operations vidual unit of equipment, such as an in which one or more chemicals, or incinerator, flare, boiler, or process reactants other than air, are combined heater, used for combustion of a vent or decomposed in such a way that their stream discharged from the process molecular structures are altered and vent. one or more new organic compounds Continuous recorder means a data re- are formed. cording device recording an instanta- Recovery device means an individual neous data value at least once every 15 unit of equipment, such as an absorber, minutes. carbon adsorber, or condenser, capable Flame zone means the portion of the of and used for the purpose of recov- combustion chamber in a boiler occu- ering chemicals for use, reuse, or sale. pied by the flame envelope. Recovery system means an individual Flow indicator means a device which recovery device or series of such de- indicates whether gas flow is present in vices applied to the same vent stream. a line. Relief valve means a valve used only Halogenated vent stream means any to release an unplanned, nonroutine vent stream determined to have a total discharge. A relief valve discharge re- concentration (by volume) of com- sults from an operator error, a mal- pounds containing halogens of 20 ppmv function such as a power failure or (by compound) or greater. equipment failure, or other unexpected Incinerator means an enclosed com- cause that requires immediate venting bustion device that is used for destroy- of gas from process equipment in order ing organic compounds. If there is en- to avoid safety hazards or equipment ergy recovery, the energy recovery sec- damage. tion and the combustion chambers are Secondary fuel means a fuel fired not of integral design. That is, the en- through a burner other than a primary ergy recovery section and the combus- fuel burner. The secondary fuel may tion section are not physically formed provide supplementary heat in addition into one manufactured or assembled to the heat provided by the primary unit but are joined by ducts or connec- fuel. tions carrying flue gas. Total organic compounds or TOC Primary fuel means the fuel fired means those compounds measured ac- through a burner or a number of simi- cording to the procedures in lar burners. The primary fuel provides § 60.704(b)(4). For the purposes of meas- the principal heat input to the device, uring molar composition as required in and the amount of fuel is sufficient to § 60.704(d)(2)(i) and § 60.704(d)(2)(ii), sustain operation without the addition hourly emission rate as required in of other fuels. § 60.704(d)(5) and § 60.704(e), and TOC Process heater means a device that concentration as required in transfers heat liberated by burning fuel § 60.705(b)(4) and § 60.705(f)(4), those directly to process streams or to heat compounds which the Administrator transfer liquids other than water. has determined do not contribute ap- Process unit means equipment assem- preciably to the formation of ozone are bled and connected by pipes or ducts to to be excluded. produce, as intermediates or final prod- Total resource effectiveness or TRE ucts, one or more of the chemicals in index value means a measure of the sup- § 60.707. A process unit can operate plemental total resource requirement independently if supplied with suffi- per unit reduction of TOC associated

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with a vent stream from an affected re- and having an accuracy of ±1 percent of actor process facility, based on vent the temperature being monitored ex- stream flow rate, emission rate of TOC, pressed in degrees Celsius or ±0.5 °C, net heating value, and corrosion prop- whichever is greater. erties (whether or not the vent stream (i) Where an incinerator other than a contains halogenated compounds), as catalytic incinerator is used, a tem- quantified by the equation given under perature monitoring device shall be in- § 60.704(e). stalled in the firebox or in the duct- Vent stream means any gas stream work immediately downstream of the discharged directly from a reactor firebox in a position before any sub- process to the atmosphere or indirectly stantial heat exchange is encountered. to the atmosphere after diversion (ii) Where a catalytic incinerator is through other process equipment. The used, temperature monitoring devices vent stream excludes relief valve dis- shall be installed in the gas stream im- charges and equipment leaks. mediately before and after the catalyst bed. § 60.702 Standards. (2) A flow indicator that provides a Each owner or operator of any af- record of vent stream flow diverted fected facility shall comply with para- from being routed to the incinerator at graph (a), (b), or (c) of this section for least once every 15 minutes for each af- each vent stream on and after the date fected facility, except as provided in on which the initial performance test paragraph (a)(2)(ii) of this section. required by §§ 60.8 and 60.704 is com- (i) The flow indicator shall be in- pleted, but not later than 60 days after stalled at the entrance to any bypass achieving the maximum production line that could divert the vent stream rate at which the affected facility will from being routed to the incinerator, be operated, or 180 days after the ini- resulting in its emission to the atmos- tial start-up, whichever date comes phere. first. Each owner or operator shall ei- (ii) Where the bypass line valve is se- ther: cured in the closed position with a car- (a) Reduce emissions of TOC (less seal or a lock-and-key type configura- methane and ethane) by 98 weight-per- tion, a flow indicator is not required. A cent, or to a TOC (less methane and visual inspection of the seal or closure ethane) concentration of 20 ppmv, on a mechanism shall be performed at least dry basis corrected to 3 percent oxy- once every month to ensure that the gen, whichever is less stringent. If a valve is maintained in the closed posi- boiler or process heater is used to com- tion and the vent stream is not di- ply with this paragraph, then the vent verted through the bypass line. stream shall be introduced into the (b) The owner or operator of an af- flame zone of the boiler or process fected facility that uses a flare to seek heater; or to comply with § 60.702(b) shall install, (b) Combust the emissions in a flare calibrate, maintain, and operate ac- that meets the requirements of § 60.18; cording to manufacturer’s specifica- or tions the following equipment: (c) Maintain a TRE index value (1) A heat sensing device, such as an greater than 1.0 without use of a VOC ultraviolet beam sensor or thermo- emission control device. couple, at the pilot light to indicate the continuous presence of a flame. § 60.703 Monitoring of emissions and (2) A flow indicator that provides a operations. record of vent stream flow diverted (a) The owner or operator of an af- from being routed to the flare at least fected facility that uses an incinerator once every 15 minutes for each affected to seek to comply with the TOC emis- facility, except as provided in para- sion limit specified under § 60.702(a) graph (b)(2)(ii) of this section. shall install, calibrate, maintain, and (i) The flow indicator shall be in- operate according to manufacturer’s stalled at the entrance to any bypass specifications the following equipment: line that could divert the vent stream (1) A temperature monitoring device from being routed to the flare, result- equipped with a continuous recorder ing in its emission to the atmosphere.

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(ii) Where the bypass line valve is se- equipment, unless alternative moni- cured in the closed position with a car- toring procedures or requirements are seal or a lock-and-key type configura- approved for that facility by the Ad- tion, a flow indicator is not required. A ministrator: visual inspection of the seal or closure (1) Where an absorber is the final re- mechanism shall be performed at least covery device in the recovery system: once every month to ensure that the (i) A scrubbing liquid temperature valve is maintained in the closed posi- monitoring device having an accuracy tion and the vent stream is not di- of ±1 percent of the temperature being verted through the bypass line. monitored expressed in degrees Celsius (c) The owner or operator of an af- or ±0.5 °C, whichever is greater, and a fected facility that uses a boiler or specific gravity monitoring device hav- process heater to seek to comply with ing an accuracy of ±0.02 specific gravity § 60.702(a) shall install, calibrate, main- units, each equipped with a continuous tain and operate according to the manufacturer’s specifications the following recorder; or equipment: (ii) An organic monitoring device (1) A flow indicator that provides a used to indicate the concentration record of vent stream flow diverted level of organic compounds exiting the from being routed to the boiler or proc- recovery device based on a detection ess heater at least once every 15 min- principle such as infra-red, utes for each affected facility, except photoionization, or thermal conduc- as provided in paragraph (c)(1)(ii) of tivity, each equipped with a continuous this section. recorder. (i) The flow indicator shall be in- (2) Where a condenser is the final re- stalled at the entrance to any bypass covery device in the recovery system: line that could divert the vent stream (i) A condenser exit (product side) from being routed to the boiler or proc- temperature monitoring device ess heater, resulting in its emission to equipped with a continuous recorder the atmosphere. and having an accuracy of ±1 percent of (ii) Where the bypass line valve is se- the temperature being monitored ex- cured in the closed position with a car- pressed in degrees Celsius or ±0.5 °C, seal or a lock-and-key type configura- whichever is greater; or tion, a flow indicator is not required. A (ii) An organic monitoring device visual inspection of the seal or closure used to indicate the concentration mechanism shall be performed at least level of organic compounds exiting the once every month to ensure that the recovery device based on a detection valve is maintained in the closed posi- principle such as infra-red, tion and the vent stream is not di- photoionization, or thermal conduc- verted through the bypass line. tivity, each equipped with a continuous (2) A temperature monitoring device recorder. in the firebox equipped with a contin- (3) Where a carbon adsorber is the uous recorder and having an accuracy final recovery device unit in the recov- of ±1 percent of the temperature being monitored expressed in degrees Celsius ery system: or ±0.5 °C, whichever is greater, for (i) An integrating steam flow moni- ± boilers or process heaters of less than toring device having an accuracy of 10 44 MW (150 million Btu/hr) design heat percent, and a carbon bed temperature input capacity. Any vent stream intro- monitoring device having an accuracy duced with primary fuel into a boiler of ±1 percent of the temperature being or process heater is exempt from this monitored expressed in degrees Celsius requirement. or ±0.5 °C, whichever is greater, both (d) The owner or operator of an af- equipped with a continuous recorder; fected facility that seeks to dem- or onstrate compliance with the TRE (ii) An organic monitoring device index value limit specified under used to indicate the concentration § 60.702(c) shall install, calibrate, main- level of organic compounds exiting the tain, and operate according to manu- recovery device based on a detection facturer’s specifications the following principle such as infra-red,

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photoionization, or thermal conduc- 17. 9 tivity, each equipped with a continuous CC= recorder. C TOC − (e) An owner or operator of an af- 20.% 9 O2d fected facility seeking to demonstrate where:

compliance with the standards speci- Cc = Concentration of TOC corrected to 3 per- fied under § 60.702 with a control device cent O2, dry basis, ppm by volume. other than an incinerator, boiler, proc- CTOC = Concentration of TOC (minus meth- ess heater, or flare; or a recovery de- ane and ethane), dry basis, ppm by vol- vice other than an absorber, condenser, ume. %O2d = Concentration of O2, dry basis, per- or carbon adsorber, shall provide to the cent by volume. Administrator information describing the operation of the control device or (4) Method 18 to determine the con- recovery device and the process param- centration of TOC in the control device eter(s) which would indicate proper op- outlet and the concentration of TOC in eration and maintenance of the device. the inlet when the reduction efficiency The Administrator may request further of the control device is to be deter- information and will specify appro- mined. priate monitoring procedures or re- (i) The minimum sampling time for quirements. each run shall be 1 hour in which either an integrated sample or four grab sam- § 60.704 Test methods and procedures. ples shall be taken. If grab sampling is used, then the samples shall be taken (a) For the purpose of demonstrating at approximately 15-minute intervals. compliance with § 60.702, all affected fa- (ii) The emission reduction (R) of cilities shall be run at full operating TOC (minus methane and ethane) shall conditions and flow rates during any be determined using the following performance test. equation: (b) The following methods in appendix A to this part, except as provided EE− under § 60.8(b), shall be used as ref- R = io×100 erence methods to determine compli- Ei ance with the emission limit or percent where: reduction efficiency specified under § 60.702(a). R = Emission reduction, percent by weight. Ei = Mass rate of TOC entering the control (1) Method 1 or 1A, as appropriate, for device, kg TOC/hr. selection of the sampling sites. The Eo = Mass rate of TOC discharged to the at- control device inlet sampling site for mosphere, kg TOC/hr. determination of vent stream molar (iii) The mass rates of TOC (Ei, Eo) composition or TOC (less methane and shall be computed using the following ethane) reduction efficiency shall be equations: prior to the inlet of the control device and after the recovery system. n (2) Method 2, 2A, 2C, or 2D, as appro- = priate, for determination of the gas EKi 2 ∑ CMQij ij i volumetric flow rates. j=1 (3) The emission rate correction factor, integrated sampling and analysis n = procedure of Method 3B shall be used to EKi 2 ∑ CMQoj ij o determine the oxygen concentration j=1 (%O2d) for the purposes of determining compliance with the 20 ppmv limit. where: The sampling site shall be the same as Cij, Coj = Concentration of sample component that of the TOC samples, and the sam- ‘‘j’’ of the gas stream at the inlet and ples shall be taken during the same outlet of the control device, respectively, dry basis, ppm by volume. time that the TOC samples are taken. Mij, Moj = Molecular weight of sample compo- The TOC concentration corrected to 3 nent ‘‘j’’ of the gas stream at the inlet percent O2 (Cc) shall be computed using and outlet of the control device, respec- the following equation: tively, g/g-mole (lb/lb-mole).

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Qi, Qo = Flow rate of gas stream at the inlet the gas combusted to determine com- and outlet of the control device, respec- pliance under § 60.702(b) and for deter- tively, dscm/min (dscf/hr). mining the process vent stream TRE ¥6 K2 = Constant, 2.494 × 10 (l/ppm) (g-mole/ scm) (kg/g) (min/hr), where standard tem- index value to determine compliance perature for (g-mole/scm) is 20 °C. under §§ 60.700(c)(2) and 60.702(c). (1)(i) Method 1 or 1A, as appropriate, (iv) The TOC concentration (CTOC) is for selection of the sampling site. The the sum of the individual components sampling site for the vent stream flow and shall be computed for each run rate and molar composition determina- using the following equation: tion prescribed in § 60.704 (d)(2) and n (d)(3) shall be, except for the situations = outlined in paragraph (d)(1)(ii) of this CCTOC ∑ j section, prior to the inlet of any con- j=1 trol device, prior to any postreactor di- where: lution of the stream with air, and prior to any postreactor introduction of hal- CTOC = Concentration of TOC (minus methane and ethane), dry basis, ppm by vol- ogenated compounds into the process ume. vent stream. No traverse site selection Cj = Concentration of sample components method is needed for vents smaller ‘‘j’’, dry basis, ppm by volume. than 4 inches in diameter. n = Number of components in the sample. (ii) If any gas stream other than the (5) The requirement for an initial reactor vent stream is normally con- performance test is waived, in accord- ducted through the final recovery de- ance with § 60.8(b), for the following: vice: (i) When a boiler or process heater (A) The sampling site for vent stream with a design heat input capacity of 44 flow rate and molar composition shall MW (150 million Btu/hour) or greater is be prior to the final recovery device used to seek compliance with and prior to the point at which any § 60.702(a). nonreactor stream or stream from a (ii) When a vent stream is introduced nonaffected reactor process is intro- into a boiler or process heater with the duced. primary fuel. (iii) The Administrator reserves the (B) The efficiency of the final recov- option to require testing at such other ery device is determined by measuring times as may be required, as provided the TOC concentration using Method 18 for in section 114 of the Act. at the inlet to the final recovery device (6) For purposes of complying with after the introduction of any vent the 98 weight-percent reduction in stream and at the outlet of the final re- § 60.702(a), if the vent stream entering a covery device. boiler or process heater with a design (C) This efficiency of the final recov- capacity less than 44 MW (150 million ery device shall be applied to the TOC Btu/hour) is introduced with the com- concentration measured prior to the bustion air or as secondary fuel, the final recovery device and prior to the weight-percent reduction of TOC introduction of any nonreactor stream (minus methane and ethane) across the or stream from a nonaffected reactor combustion device shall be determined process to determine the concentration by comparing the TOC (minus methane of TOC in the reactor process vent and ethane) in all combusted vent stream from the final recovery device. streams, primary fuels, and secondary This concentration of TOC is then used fuels with the TOC (minus methane to perform the calculations outlined in and ethane) exiting the combustion de- § 60.704(d) (4) and (5). vice. (2) The molar composition of the (c) When a flare is used to seek to process vent stream shall be deter- comply with § 60.702(b), the flare shall mined as follows: comply with the requirements of § 60.18. (i) Method 18 to measure the con- (d) The following test methods in ap- centration of TOC including those con- pendix A to this part, except as pro- taining halogens. vided under § 60.8(b), shall be used for (ii) ASTM D1946–77 or 90 (Reapproved determining the net heating value of 1994) (incorporation by reference as

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specified in § 60.17 of this part) to meas- n ure the concentration of carbon mon- = oxide and hydrogen. EKCMQTOC 2 ∑ jjs (iii) Method 4 to measure the content = of water vapor. j 1 (3) The volumetric flow rate shall be where:

determined using Method 2, 2A, 2C, or ETOC = Emission rate of TOC in the sample, 2D, as appropriate. kg/hr. ¥6 (4) The net heating value of the vent K2 = Constant, 2.494 × 10 (l/ppm) (g-mole/ stream shall be calculated using the scm) (kg/g) (min/hr), where standard tem- following equation: perature for (g-mole/scm) is 20 °C. Cj = Concentration on a dry basis of com- n pound j in ppm as measured by Method 18 HK=−∑ CHB1 as indicated in § 60.704(d)(2). T 1 jj ws Mj = Molecular weight of sample j, g/g-mole. j=1 Qs = Vent stream flow rate (dscm/min) at a where: temperature of 20 °C.

HT = Net heating value of the sample, MJ/ (6) The total vent stream concentra- scm, where the net enthalpy per mole of tion (by volume) of compounds con- vent stream is based on combustion at 25 °C and 760 mm Hg, but the standard tem- taining halogens (ppmv, by compound) perature for determining the volume cor- shall be summed from the individual responding to one mole is 20 °C, as in the concentrations of compounds con- definition of Qs (vent stream flow rate). taining halogens which were measured × ¥7 K1 = Constant, 1.740 10 (l/ppm) (g-mole/ by Method 18. scm) (MJ/kcal), where standard temperature for (g-mole/scm) is 20 °C. (e) For purposes of complying with Cj = Concentration on a dry basis of com- §§ 60.700(c)(2) and 60.702(c), the owner or pound j in ppm, as measured for organics operator of a facility affected by this by Method 18 and measured for hydrogen subpart shall calculate the TRE index and carbon monoxide by ASTM D1946–77 value of the vent stream using the or 90 (Reapproved 1994) (incorporation by reference as specified in § 60.17 of this equation for incineration in paragraph part) as indicated in § 60.704(d)(2). (e)(1) of this section for halogenated Hj = Net heat of combustion of compound j, vent streams. The owner or operator of kcal/g-mole, based on combustion at 25 an affected facility with a nonhalo- °C and 760 mm Hg. The heats of combus- genated vent stream shall determine tion of vent stream components would be the TRE index value by calculating required to be determined using ASTM D2382–76 or 88 or D4809–95 (incorporation values using both the incinerator equa- by reference as specified in § 60.17 of this tion in (e)(1) of this section and the part) if published values are not avail- flare equation in (e)(2) of this section able or cannot be calculated. and selecting the lower of the two val- Bws = Water vapor content of the vent ues. stream, proportion by volume. (1) The equation for calculating the (5) The emission rate of TOC in the TRE index value of a vent stream con- vent stream shall be calculated using trolled by an incinerator is as follows: the following equation:

= 1 088..+ + + 088 088. + 05. TRE []a+b() QsTTcQ()ss dQ() ()H eQ() s() H fY() s ETOC

(i) Where for a vent stream flow rate Qs = Vent stream flow rate (scm/min) at a (scm/min) at a standard temperature of standard temperature of 20 °C. 20 °C that is greater than or equal to HT = Vent stream net heating value (MJ/ 14.2 scm/min: scm), where the net enthalpy per mole of vent stream is based on combustion at 25 TRE = TRE index value.

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°C and 760 mm Hg, but the standard tem- ETOC = Hourly emissions of TOC reported in perature for determining the volume cor- kg/hr. responding to one mole is 20 °C as in the a, b, c, d, e, and f are coefficients. The definition of Qs. Ys = Qs for all vent stream categories listed set of coefficients that apply to a vent in table 1 except for Category E vent stream can be obtained from table 1. streams where Ys = (Qs)(HT)/3.6.

TABLE 1—TOTAL RESOURCE EFFECTIVENESS COEFFICIENTS FOR VENT STREAMS CONTROLLED BY AN INCINERATOR SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARDS FOR REACTOR PROCESSES

a b c d e f

DESIGN CATEGORY A1. FOR HALOGENATED PROCESS VENT STREAMS, IF 0≤NET HEATING VALUE (MJ/scm)≤3.5: Qs = Vent Stream Flow Rate (scm/min)

14.2≤Qs≤18.8 ...... 19.18370 0.27580 0.75762 ¥0.13064 0 0.01025 18.8

DESIGN CATEGORY A2. FOR HALOGENATED PROCESS VENT STREAMS, IF NET HEATING VALUE (MJ/scm)>3.5: Qs = Vent Stream Flow Rate (scm/min)

14.2

DESIGN CATEGORY B. FOR NONHALOGENATED PROCESS VENT STREAMS, IF 0≤NET HEATING VALUE (MJ/scm)≤0.48: Qs = Vent Stream Flow Rate (scm/min)

14.2≤Qs≤1,340 ...... 8.54245 0.10555 0.09030 ¥0.17109 0 0.01025 1,340

DESIGN CATEGORY C. FOR NONHALOGENATED PROCESS VENT STREAMS, IF 0.48

14.2≤Qs≤1,340 ...... 9.25233 0.06105 0.31937 ¥0.16181 0 0.01025 1,340

DESIGN CATEGORY D. FOR NONHALOGENATED PROCESS VENT STREAMS, IF 1.9

14.2≤Qs≤1,180 ...... 6.67868 0.06943 0.02582 0 0 0.01025 1,180

DESIGN CATEGORY E. FOR NONHALOGENATED PROCESS VENT STREAMS, IF NET HEATING VALUE (MJ/scm)>3.6: Ys = Dilution Flow Rate (scm/min) = (Qs) (HT)/3.6

14.2≤Ys≤1,180 ...... 6.67868 0 0 ¥0.00707 0.02220 0.01025 1,180

(ii) For a vent stream flow rate (scm/ HVAL = Vent stream net heating value (MJ/ min) at a standard temperature of 20 °C scm), where the net enthalpy per mole of that is less than 14.2 scm/min: vent stream is based on combustion at 25 °C and 760 mm Hg, but the standard tem- TRE = TRE index value. perature for determining the volume cor- Qs = 14.2 scm/min. responding to one mole is 20 °C as in defi- H = (FLOW)(HVAL)/14.2 T nition of Qs. where the following inputs are used: Ys = 14.2 scm/min for all vent streams except FLOW = Vent stream flow rate (scm/min), at for Category E vent streams, where Ys = a standard temperature of 20 °C. (14.2)(HT)/3.6.

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ETOC = Hourly emissions of TOC reported in (2) The equation for calculating the kg/hr. TRE index value of a vent stream con- a, b, c, d, e, and f are coefficients. The trolled by a flare is as follows: set of coefficients that apply to a vent stream can be obtained from table 1.

= 1 + 08. + + + TRE []aQ()s bQ() s cQ() s() H T dE() TOC e ETOC

where: mm Hg, but the standard temperature TRE = TRE index value. for determining the volume cor- ° ETOC = Hourly emission rate of TOC reported responding to one mole is 20 C as in the in kg/hr. definition of Qs. Qs = Vent stream flow rate (scm/min) at a standard temperature of 20 °C. a, b, c, d, and e are coefficients. The set HT = Vent stream net heating value (MJ/scm) of coefficients that apply to a vent where the net enthalpy per mole of offgas stream can be obtained from table 2. is based on combustion at 25 °C and 760

TABLE 2—TOTAL RESOURCE EFFECTIVENESS COEFFICIENTS FOR VENT STREAMS CONTROLLED BY A FLARE SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARDS FOR REACTOR PROCESSES

a b c d e

HT<11.2 MJ/scm ...... 2 .25 0 .288 ¥0.193 ¥0.0051 2.08 HT≥11.2 MJ/scm ...... 0 .309 0 .0619 ¥0 .0043 ¥0.0034 2.08

(f) Each owner or operator of an af- (2) Where the recalculated TRE index fected facility seeking to comply with value is less than or equal to 8.0 but § 60.700(c)(2) or § 60.702(c) shall recal- greater than 1.0, the owner or operator culate the TRE index value for that af- shall conduct a performance test in ac- fected facility whenever process cordance with §§ 60.8 and 60.704 and changes are made. Examples of process shall comply with §§ 60.703, 60.704 and changes include changes in production 60.705. Performance tests must be con- capacity, feedstock type, or catalyst ducted as soon as possible after the type, or whenever there is replacement, process change but no later than 180 removal, or addition of recovery equip- days from the time of the process ment. The TRE index value shall be re- change. calculated based on test data, or on (g) Any owner or operator subject to best engineering estimates of the ef- the provisions of this subpart seeking fects of the change on the recovery sys- to demonstrate compliance with tem. § 60.700(c)(4) shall use Method 2, 2A, 2C, (1) Where the recalculated TRE index or 2D of appendix A to 40 CFR part 60, value is less than or equal to 1.0, the as appropriate, for determination of owner or operator shall notify the Ad- volumetric flow rate. ministrator within 1 week of the recal- (h) Each owner or operator seeking culation and shall conduct a perform- to demonstrate that a reactor process ance test according to the methods and vent stream has a TOC concentration procedures required by § 60.704 in order for compliance with the low concentra- to determine compliance with § 60.702 tion exemption in § 60.700(c)(8) shall (a) or (b). Performance tests must be conduct an initial test to measure TOC conducted as soon as possible after the concentration. process change but no later than 180 (1) The sampling site shall be se- days from the time of the process lected as specified in paragraph (d)(1)(i) change. of this section.

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(2) Method 18 or Method 25A of part the procedures and equation in para- 60, appendix A shall be used to measure graph (b)(3) of this section. concentration. [58 FR 45962, Aug. 31, 1993, as amended at 60 (3) Where Method 18 is used to qualify FR 58238, Nov. 27, 1995; 65 FR 61778, Oct. 17, for the low concentration exclusion in 2000] § 60.700(c)(8), the procedures in § 60.704(b)(4) (i) and (iv) shall be used to § 60.705 Reporting and recordkeeping measure TOC concentration, and the requirements. procedures of § 60.704(b)(3) shall be used (a) Each owner or operator subject to to correct the TOC concentration to 3 § 60.702 shall notify the Administrator percent oxygen. To qualify for the ex- of the specific provisions of § 60.702 clusion, the results must demonstrate (§ 60.702 (a), (b), or (c)) with which the that the concentration of TOC, cor- owner or operator has elected to com- rected to 3 percent oxygen, is below 300 ply. Notification shall be submitted ppm by volume. with the notification of initial start-up (4) Where Method 25A is used, the fol- required by § 60.7(a)(3). If an owner or lowing procedures shall be used to cal- operator elects at a later date to use an culate ppm by volume TOC concentra- alternative provision of § 60.702 with tion, corrected to 3 percent oxygen: which he or she will comply, then the (i) Method 25A shall be used only if a Administrator shall be notified by the single organic compound is greater owner or operator 90 days before imple- than 50 percent of total TOC, by vol- menting a change and, upon imple- ume, in the reactor process vent menting the change, a performance stream. This compound shall be the test shall be performed as specified by principal organic compound. § 60.704 no later than 180 days from ini- (ii) The principal organic compound tial start-up. may be determined by either process (b) Each owner or operator subject to knowledge or test data collected using the provisions of this subpart shall an appropriate EPA Reference Method. keep an up-to-date, readily accessible Examples of information that could record of the following data measured constitute process knowledge include during each performance test, and also calculations based on material bal- include the following data in the report ances, process stoichiometry, or pre- of the initial performance test required vious test results provided the results under § 60.8. Where a boiler or process are still relevant to the current reactor heater with a design heat input capac- process vent stream conditions. ity of 44 MW (150 million Btu/hour) or (iii) The principal organic compound greater is used or where the reactor shall be used as the calibration gas for process vent stream is introduced as Method 25A. the primary fuel to any size boiler or (iv) The span value for Method 25A process heater to comply with shall be 300 ppmv. § 60.702(a), a report containing perform- (v) Use of Method 25A is acceptable if ance test data need not be submitted, the response from the high-level cali- but a report containing the informa- bration gas is at least 20 times the tion in § 60.705(b)(2)(i) is required. The standard deviation of the response same data specified in this section from the zero calibration gas when the shall be submitted in the reports of all instrument is zeroed on the most sen- subsequently required performance sitive scale. tests where either the emission control (vi) The owner or operator shall dem- efficiency of a combustion device, out- onstrate that the concentration of TOC let concentration of TOC, or the TRE including methane and ethane meas- index value of a vent stream from a re- ured by Method 25A, corrected to 3 per- covery system is determined. cent oxygen, is below 150 ppm by vol- (1) Where an owner or operator sub- ume to qualify for the low concentra- ject to the provisions of this subpart tion exclusion in § 60.700(c)(8). seeks to demonstrate compliance with (vii) The concentration of TOC shall § 60.702(a) through use of either a ther- be corrected to 3 percent oxygen using mal or catalytic incinerator:

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(i) The average firebox temperature (both measured while the vent stream of the incinerator (or the average tem- is normally routed and constituted); or perature upstream and downstream of (ii) Where a condenser is the final re- the catalyst bed for a catalytic inciner- covery device in the recovery system, ator), measured at least every 15 min- the average exit (product side) tem- utes and averaged over the same time perature measured at least every 15 period of the performance testing, and minutes and averaged over the same (ii) The percent reduction of TOC de- time period of the performance testing termined as specified in § 60.704(b) while the vent stream is routed and achieved by the incinerator, or the con- constituted normally; or centration of TOC (ppmv, by com- (iii) Where a carbon adsorber is the pound) determined as specified in final recovery device in the recovery § 60.704(b) at the outlet of the control system, the total steam mass flow device on a dry basis corrected to 3 per- measured at least every 15 minutes and cent oxygen. averaged over the same time period of (2) Where an owner or operator sub- the performance test (full carbon bed ject to the provisions of this subpart cycle), temperature of the carbon bed seeks to demonstrate compliance with after regeneration [and within 15 min- § 60.702(a) through use of a boiler or utes of completion of any cooling process heater: cycle(s)], and duration of the carbon bed steaming cycle (all measured while (i) A description of the location at the vent stream is routed and con- which the vent stream is introduced stituted normally); or into the boiler or process heater, and (iv) As an alternative to § 60.705(b)(4) (ii) The average combustion tempera- (i), (ii) or (iii), the concentration level ture of the boiler or process heater or reading indicated by the organics with a design heat input capacity of monitoring device at the outlet of the less than 44 MW (150 million Btu/hr) absorber, condenser, or carbon measured at least every 15 minutes and adsorber, measured at least every 15 averaged over the same time period of minutes and averaged over the same the performance testing. time period of the performance testing (3) Where an owner or operator sub- while the vent stream is normally ject to the provisions of this subpart routed and constituted. seeks to demonstrate compliance with (v) All measurements and calcula- § 60.702(b) through use of a smokeless tions performed to determine the TRE flare, flare design (i.e., steam-assisted, index value of the vent stream. air-assisted or nonassisted), all visible (c) Each owner or operator subject to emission readings, heat content deter- the provisions of this subpart shall minations, flow rate measurements, keep up-to-date, readily accessible con- and exit velocity determinations made tinuous records of the equipment oper- during the performance test, contin- ating parameters specified to be mon- uous records of the flare pilot flame itored under § 60.703 (a) and (c) as well monitoring, and records of all periods as up-to-date, readily accessible of operations during which the pilot records of periods of operation during flame is absent. which the parameter boundaries estab- (4) Where an owner or operator sub- lished during the most recent perform- ject to the provisions of this subpart ance test are exceeded. The Adminis- seeks to demonstrate compliance with trator may at any time require a re- § 60.702(c): port of these data. Where a combustion (i) Where an absorber is the final re- device is used to comply with covery device in the recovery system, § 60.702(a), periods of operation during the exit specific gravity (or alternative which the parameter boundaries estab- parameter which is a measure of the lished during the most recent perform- degree of absorbing liquid saturation, if ance tests are exceeded are defined as approved by the Administrator), and follows: average exit temperature, of the ab- (1) For thermal incinerators, all 3- sorbing liquid measured at least every hour periods of operation during which 15 minutes and averaged over the same the average combustion temperature time period of the performance testing was more than 28 °C (50 °F) below the

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average combustion temperature dur- the duration when the seal mechanism ing the most recent performance test is broken, the bypass line valve posi- at which compliance with § 60.702(a) tion has changed, the serial number of was determined. the broken car-seal has changed, or (2) For catalytic incinerators, all 3- when the key for a lock-and-key type hour periods of operation during which configuration has been checked out. the average temperature of the vent (e) Each owner or operator subject to stream immediately before the cata- the provisions of this subpart shall lyst bed is more than 28 °C (50 °F) below keep up-to-date, readily accessible con- the average temperature of the vent tinuous records of the flare pilot flame stream during the most recent per- monitoring specified under § 60.703(b), formance test at which compliance as well as up-to-date, readily accessible with § 60.702(a) was determined. The records of all periods of operations in owner or operator also shall record all which the pilot flame is absent. 3-hour periods of operation during (f) Each owner or operator subject to which the average temperature dif- the provisions of this subpart shall ference across the catalyst bed is less keep up-to-date, readily accessible con- than 80 percent of the average tempera- tinuous records of the equipment oper- ture difference of the bed during the ating parameters specified to be mon- most recent performance test at which itored under § 60.703(d), as well as up-to- compliance with § 60.702(a) was deter- date, readily accessible records of peri- mined. ods of operation during which the pa- (3) All 3-hour periods of operation rameter boundaries established during during which the average combustion the most recent performance test are temperature was more than 28 °C (50 ° exceeded. The Administrator may at F) below the average combustion tem- any time require a report of these data. perature during the most recent per- Where an owner or operator seeks to formance test at which compliance comply with § 60.702(c), periods of oper- with § 60.702(a) was determined for boil- ation during which the parameter ers or process heaters with a design boundaries established during the most heat input capacity of less than 44 MW recent performance tests are exceeded (150 million Btu/hr) where the vent are defined as follows: stream is introduced with the combustion air or as a secondary fuel. (1) Where an absorber is the final re- (4) For boilers or process heaters, covery device in a recovery system, whenever there is a change in the loca- and where an organic compound moni- tion at which the vent stream is intro- toring device is not used: duced into the flame zone as required (i) All 3-hour periods of operation under § 60.702(a). during which the average absorbing liq- (d) Each owner or operator subject to uid temperature was more than 11 °C the provisions of this subpart shall (20 °F) above the average absorbing liq- keep records of the following: uid temperature during the most re- (1) Up-to-date, readily accessible con- cent performance test, or tinuous records of the flow indication (ii) All 3-hour periods of operation specified under § 60.703(a)(2)(i), during which the average absorbing liq- § 60.703(b)(2)(i) and § 60.703(c)(1)(i), as uid specific gravity was more than 0.1 well as up-to-date, readily accessible unit above, or more than 0.1 unit records of all periods and the duration below, the average absorbing liquid when the vent stream is diverted from specific gravity during the most recent the control device. performance test (unless monitoring of (2) Where a seal mechanism is used to an alternative parameter, which is a comply with § 60.703(a)(2)(ii), measure of the degree of absorbing liq- § 60.703(b)(2)(ii), and § 60.703(c)(1)(ii), a uid saturation, is approved by the Ad- record of continuous flow is not re- ministrator, in which case he will de- quired. In such cases, the owner or op- fine appropriate parameter boundaries erator shall keep up-to-date, readily and periods of operation during which accessible records of all monthly visual they are exceeded). inspections of the seals as well as read- (2) Where a condenser is the final re- ily accessible records of all periods and covery device in a system, and where

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an organic compound monitoring de- with the requirements of this subpart vice is not used, all 3-hour periods of by complying with the flow rate cutoff operation during which the average in § 60.700(c)(4) shall keep up-to-date, exit (product side) condenser operating readily accessible records to indicate temperature was more than 6 °C (11 °F) that the vent stream flow rate is less above the average exit (product side) than 0.011 scm/min and of any change operating temperature during the most in equipment or process operation that recent performance test. increases the operating vent stream (3) Where a carbon adsorber is the flow rate, including a measurement of final recovery device in a system, and the new vent stream flow rate. where an organic compound moni- (i) Each owner or operator of an af- toring device is not used: fected facility that seeks to comply (i) All carbon bed regeneration cycles with the requirements of this subpart during which the total mass steam flow by complying with the design produc- was more than 10 percent below the tion capacity provision in § 60.700(c)(3) total mass steam flow during the most shall keep up-to-date, readily acces- recent performance test, or sible records of any change in equip- (ii) All carbon bed regeneration cy- ment or process operation that in- cles during which the temperature of creases the design production capacity the carbon bed after regeneration (and of the process unit in which the af- after completion of any cooling fected facility is located. cycle(s)) was more than 10 percent or 5 (j) Each owner or operator of an af- °C greater, whichever is less stringent, fected facility that seeks to comply than the carbon bed temperature (in with the requirements of this subpart degrees Celsius) during the most recent by complying with the low concentra- performance test. tion exemption in § 60.700(c)(8) shall (4) Where an absorber, condenser, or keep up-to-date, readily accessible carbon adsorber is the final recovery records of any change in equipment or device in the recovery system and process operation that increases the where an organic compound moni- concentration of the vent stream of the toring device is used, all 3-hour periods affected facility. of operation during which the average (k) Each owner or operator subject to organic compound concentration level the provisions of this subpart is exempt or reading of organic compounds in the from the quarterly reporting require- exhaust gases is more than 20 percent ments contained in § 60.7(c) of the Gen- greater than the exhaust gas organic eral Provisions. compound concentration level or read- (l) Each owner or operator that seeks ing measured by the monitoring device to comply with the requirements of during the most recent performance this subpart by complying with the retest. quirements of § 60.700 (c)(2), (c)(3), or (g) Each owner or operator of an af- (c)(4) or § 60.702 shall submit to the Ad- fected facility subject to the provisions ministrator semiannual reports of the of this subpart and seeking to dem- following recorded information. The onstrate compliance with § 60.702(c) initial report shall be submitted within shall keep up-to-date, readily acces- 6 months after the initial start-up sible records of: date. (1) Any changes in production capac- (1) Exceedances of monitored param- ity, feedstock type, or catalyst type, or eters recorded under § 60.705 (c), (f), and of any replacement, removal or addi- (g). tion of recovery equipment or reactors; (2) All periods and duration recorded (2) Any recalculation of the TRE under § 60.705(d) when the vent stream index value performed pursuant to is diverted from the control device to § 60.704(f); and the atmosphere. (3) The results of any performance (3) All periods recorded under test performed pursuant to the meth- § 60.705(f) in which the pilot flame of ods and procedures required by the flare was absent. § 60.704(d). (4) Any change in equipment or proc- (h) Each owner or operator of an af- ess operation that increases the oper- fected facility that seeks to comply ating vent stream flow rate above the

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low flow exemption level in maintained to demonstrate the period, § 60.700(c)(4), including a measurement the duration, and frequency in which of the new vent stream flow rate, as re- the bypass line was operated. corded under § 60.705(i). These must be (8) Any change in equipment or proc- reported as soon as possible after the ess operation that increases the vent change and no later than 180 days after stream concentration above the low the change. These reports may be sub- concentration exemption level in mitted either in conjunction with § 60.700(c)(8), including a measurement semiannual reports or as a single sepa- of the new vent stream concentration, rate report. A performance test must as recorded under § 60.705(j). These be completed within the same time pe- must be reported as soon as possible riod to verify the recalculated flow after the change and no later than 180 value and to obtain the vent stream days after the change. These reports characteristics of heating value and may be submitted either in conjunc- ETOC. The performance test is subject tion with semiannual reports or as a to the requirements of § 60.8 of the Gen- single separate report. If the vent eral Provisions. Unless the facility stream concentration is above 300 qualifies for an exemption under any of ppmv as measured using Method 18 or the exemption provisions listed in above 150 ppmv as measured using § 60.700(c), except for the total resource Method 25A, a performance test must effectiveness index greater than 8.0 ex- be completed within the same time pe- emption in § 60.700(c)(2), the facility riod to obtain the vent stream flow must begin compliance with the re- rate, heating value, and ETOC. The per- quirements set forth in § 60.702. formance test is subject to the require- (5) Any change in equipment or proc- ments of § 60.8 of the General Provi- ess operation, as recorded under para- sions. Unless the facility qualifies for graph (i) of this section, that increases an exemption under any of the exemp- the design production capacity above tion provisions listed in § 60.700(c), ex- the low capacity exemption level in cept for the TRE index greater than 8.0 § 60.700(c)(3) and the new capacity re- exemption in § 60.700(c)(2), the facility sulting from the change for the reactor must begin compliance with the re- process unit containing the affected fa- quirements set forth in § 60.702. cility. These must be reported as soon (m) The requirements of § 60.705(l) re- as possible after the change and no main in force until and unless EPA, in later than 180 days after the change. delegating enforcement authority to a These reports may be submitted either State under section 111(c) of the Act, in conjunction with semiannual reports or as a single separate report. A per- approves reporting requirements or an formance test must be completed with- alternative means of compliance sur- in the same time period to obtain the veillance adopted by such State. In vent stream flow rate, heating value, that event, affected sources within the State will be relieved of the obligation and ETOC. The performance test is subject to the requirements of § 60.8. The to comply with § 60.705(l), provided that facility must begin compliance with they comply with the requirements es- the requirements set forth in § 60.702 or tablished by the State. § 60.700(d). If the facility chooses to (n) Each owner or operator that comply with § 60.702, the facility may seeks to demonstrate compliance with qualify for an exemption under § 60.700(c)(3) must submit to the Admin- § 60.700(c)(2), (4), or (8). istrator an initial report detailing the (6) Any recalculation of the TRE design production capacity of the proc- index value, as recorded under ess unit. § 60.705(g). (o) Each owner or operator that seeks (7) All periods recorded under to demonstrate compliance with § 60.705(d) in which the seal mechanism § 60.700(c)(4) must submit to the Admin- is broken or the by-pass line valve posi- istrator an initial report including a tion has changed. A record of the serial flow rate measurement using the test number of the car-seal or a record to methods specified in § 60.704. show that the key to unlock the bypass (p) Each owner or operator that seeks line valve was checked out must be to demonstrate compliance with

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§ 60.700(c)(8) must submit to the Admin- into a contractual obligation to under- istrator an initial report including a take and complete, within a reasonable concentration measurement using the time, a continuous program of compo- test method specified in § 60.704. nent replacement. (q) The Administrator will specify (b) [Reserved] appropriate reporting and recordkeeping requirements where the owner § 60.707 Chemicals affected by subpart or operator of an affected facility com- RRR. plies with the standards specified under Chemical CAS No. 1 § 60.702 other than as provided under § 60.703 (a), (b), (c), and (d). Acetaldehyde ...... 75–07–0 (r) Each owner or operator whose re- Acetic acid ...... 64–19–7 Acetic anhydride ...... 108–24–7 actor process vent stream is routed to Acetone ...... 67–64–1 a distillation unit subject to subpart Acetone cyanohydrin ...... 75–86–5 NNN and who seeks to demonstrate Acetylene ...... 74–86–2 Acrylic acid ...... 79–10–7 compliance with § 60.700(c)(5) shall sub- Acrylonitrile ...... 107–13–1 mit to the Administrator a process de- Adipic acid ...... 124–04–9 sign description as part of the initial Adiponitrile ...... 111–69–3 Alcohols, C–11 or lower, mixtures. report. This process design description Alcohols, C–12 or higher, mixtures. must be retained for the life of the Alcohols, C–12 or higher, unmixed. process. No other records or reports Allyl chloride ...... 107–05–1 would be required unless process Amylene ...... 513–35–9 Amylenes, mixed. changes are made. Aniline ...... 62–53–3 (s) Each owner or operator who seeks Benzene ...... 71–43–2 to demonstrate compliance with § 60.702 Benzenesulfonic acid ...... 98–11–3 Benzenesulfonic acid C10–16-alkyl deriva- (a) or (b) using a control device must tives, sodium salts ...... 68081–81–2 maintain on file a schematic diagram Benzyl chloride ...... 100–44–7 of the affected vent streams, collection Bisphenol A ...... 80–05–7 Brometone ...... 76–08–4 system(s), fuel systems, control de- 1,3-Butadiene ...... 106–99–0 vices, and bypass systems as part of Butadiene and butene fractions. the initial report. This schematic dia- n-Butane ...... 106–97–8 gram must be retained for the life of 1,4-Butanediol ...... 110–63–4 Butanes, mixed. the system. 1-Butene ...... 106–98–9 (t) Each owner or operator that seeks 2-Butene ...... 25167–67–3 to demonstrate compliance with Butenes, mixed. n-Butyl acetate ...... 123–86–4 § 60.700(c)(2) must maintain a record of Butyl acrylate ...... 141–32–2 the initial test for determining the n-Butyl alcohol ...... 71–36–3 total resource effectiveness index and sec-Butyl alcohol ...... 78–92–2 tert-Butyl alcohol ...... 75–65–0 the results of the initial total resource Butylbenzyl phthalate ...... 85–68–7 effectiveness index calculation. tert-Butyl hydroperoxide ...... 75–91–2 2-Butyne-1,4-diol ...... 110–65–6 [58 FR 45962, Aug. 31, 1993, as amended at 60 Butyraldehyde ...... 123–72–8 FR 58238, Nov. 27, 1995; 65 FR 78279, Dec. 14, Butyric anhydride ...... 106–31–0 2000] Caprolactam ...... 105–60–2 Carbon disulfide ...... 75–15–0 § 60.706 Reconstruction. Carbon tetrachloride ...... 56–23–5 Chloroacetic acid ...... 79–11–8 (a) For purposes of this subpart Chlorobenzene ...... 108–90–7 ‘‘fixed capital cost of the new compo- Chlorodifluoromethane ...... 75–45–6 Chloroform ...... 67–66–3 nents,’’ as used in § 60.15, includes the p-Chloronitrobenzene ...... 100–00–5 fixed capital cost of all depreciable Citric acid ...... 77–92–9 components which are or will be re- Cumene ...... 98–82–8 Cumene hydroperoxide ...... 80–15–9 placed pursuant to all continuous pro- Cyanuric chloride ...... 108–77–0 grams of component replacement Cyclohexane ...... 110–82–7 which are commenced within any 2- Cyclohexane, oxidized ...... 68512–15–2 year period following June 29, 1990. For Cyclohexanol ...... 108–93–0 Cyclohexanone ...... 108–94–1 purposes of this paragraph, ‘‘com- Cyclohexanone oxime ...... 100–64–1 menced’’ means that an owner or oper- Cyclohexene ...... 110–83–8 ator has undertaken a continuous pro- Cyclopropane ...... 75–19–4 Diacetone alcohol ...... 123–42–2 gram of component replacement or 1,4-Dichlorobutene ...... 110–57–6 that an owner or operator has entered 3,4-Dichloro-1-butene ...... 64037–54–3

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Chemical CAS No. 1 Chemical CAS No. 1

Dichlorodifluoromethane ...... 75–71–8 Oil-soluble petroleum sulfonate, calcium salt. Dichlorodimethylsilane ...... 75–78–5 Pentaerythritol ...... 115–77–5 Dichlorofluoromethane ...... 75–43–4 3-Pentenenitrile ...... 4635–87–4 Diethanolamine ...... 111–42–2 Pentenes, mixed ...... 109–67–1 Diethylbenzene ...... 25340–17–4 Perchloroethylene ...... 127–18–4 Diethylene glycol ...... 111–46–6 Phenol ...... 108–95–2 Di-isodecyl phthalate ...... 26761–40–0 1-Phenylethyl hydroperoxide ...... 3071–32–7 Dimethyl terephthalate ...... 120–61–6 Phenylpropane ...... 103–65–1 2,4-(and 2,6)-dinitrotoluene ...... 121–14–2 Phosgene ...... 75–44–5 606–20–2 Phthalic anhydride ...... 85–44–9 Dioctyl phthalate ...... 117–81–7 Propane ...... 74–98–6 Dodecene ...... 25378–22–7 Propionaldehyde ...... 123–38–6 Dodecylbenzene, nonlinear. Propyl alcohol ...... 71–23–8 Dodecylbenzenesulfonic acid ...... 27176–87–0 Propylene ...... 115–07–1 Dodecylbenzenesulfonic acid, sodium salt ... 25155–30–0 Propylene glycol ...... 57–55–6 Epichlorohydrin ...... 106–89–8 Propylene oxide ...... 75–56–9 Ethanol ...... 64–17–5 Sorbitol ...... 50–70–4 Ethanolamine ...... 141–43–5 Styrene ...... 100–42–5 Ethyl acetate ...... 141–78–6 Terephthalic acid ...... 100–21–0 Ethyl acrylate ...... 140–88–5 Tetraethyl lead ...... 78–00–2 Ethylbenzene ...... 100–41–4 Tetrahydrofuran ...... 109–99–9 Ethyl chloride ...... 75–00–3 Tetra (methyl-ethyl) lead. Ethylene ...... 74–85–1 Tetramethyl lead ...... 75–74–1 Ethylene dibromide ...... 106–93–4 Toluene ...... 108–88–3 Ethylene dichloride ...... 107–06–2 Toluene-2,4-diamine ...... 95–80–7 Ethylene glycol ...... 107–21–1 Toluene-2,4-(and, 2,6)-diisocyanate (80/20 Ethylene glycol monobutyl ether ...... 111–76–2 mixture) ...... 26471–62–5 Ethylene glycol monoethyl ether acetate ...... 111–15–9 1,1,1-Trichloroethane ...... 71–55–6 Ethylene glycol monomethyl ether ...... 109–86–4 1,1,2-Trichloroethane ...... 79–00–5 Ethylene oxide ...... 75–21–8 Trichloroethylene ...... 79–01–6 2-Ethylhexyl alcohol ...... 104–76–7 Trichlorofluoromethane ...... 75–69–4 (2-Ethylhexyl) amine ...... 104–75–6 1,1,2-Trichloro-1,2,2-trifluoroethane ...... 76–13–1 6-Ethyl-1,2,3,4-tetrahydro 9,10- Triethanolamine ...... 102–71–6 anthracenedione ...... 15547–17–8 Triethylene glycol ...... 112–27–6 Formaldehyde ...... 50–00–0 Vinyl acetate ...... 108–05–4 Glycerol ...... 56–81–5 Vinyl chloride ...... 75–01–4 n-Heptane ...... 142–82–5 Vinylidene chloride ...... 75–35–4 Heptenes (mixed). m-Xylene ...... 108–38–3 Hexamethylene diamine ...... 124–09–4 o-Xylene ...... 95–47–6 Hexamethylene diamine adipate ...... 3323–53–3 p-Xylene ...... 106–42–3 Hexamethylenetetramine ...... 100–97–0 Xylenes (mixed) ...... 1330–20–7 Hexane ...... 110–54–3 1 CAS numbers refer to the Chemical Abstracts Registry Isobutane ...... 75–28–5 numbers assigned to specific chemicals, isomers, or mixtures Isobutanol ...... 78–83–1 of chemicals. Some isomers or mixtures that are covered by Isobutylene ...... 115–11–7 the standards do not have CAS numbers assigned to them. Isobutyraldehyde ...... 78–84–2 The standards apply to all of the chemicals listed, whether Isopentane ...... 78–78–4 CAS numbers have been assigned or not. Isoprene ...... 78–79–5 Isopropanol ...... 67–63–0 [58 FR 45962, Aug. 31, 1993, as amended at 60 Ketene ...... 463–51–4 FR 58238, Nov. 27, 1995] Linear alcohols, ethoxylated, mixed. Linear alcohols, ethoxylated, and sulfated, § 60.708 Delegation of authority. sodium salt, mixed. Linear alcohols, sulfated, sodium salt, mixed. (a) In delegating implementation and Linear alkylbenzene ...... 123–01–3 enforcement authority to a State Maleic anhydride ...... 108–31–6 Mesityl oxide ...... 141–79–7 under section 111(c) of the Act, the au- Methanol ...... 67–56–1 thorities contained in paragraph (b) of Methylamine ...... 74–39–5 this section shall be retained by the ar-Methylbenzenediamine ...... 25376–45–8 Administrator and not transferred to a Methyl chloride ...... 74–87–3 Methylene chloride ...... 75–09–2 State. Methyl ethyl ketone ...... 78–93–3 (b) Authorities which will not be del- Methyl isobutyl ketone ...... 108–10–1 egated to States: § 60.703(e). Methyl methacrylate ...... 80–62–6 1-Methyl-2-pyrrolidone ...... 872–50–4 Methyl tert-butyl ether. Subpart SSS—Standards of Per- Naphthalene ...... 91–20–3 Nitrobenzene ...... 98–95–3 formance for Magnetic Tape 1-Nonene ...... 27215–95–8 Coating Facilities Nonyl alcohol ...... 143–08–8 Nonylphenol ...... 25154–52–3 Nonylphenol, ethoxylated ...... 9016–45–9 SOURCE: 53 FR 38914, Oct. 3, 1988, unless Octene ...... 25377–83–7 otherwise noted.

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§ 60.710 Applicability and designation station that coat a continuous base of affected facility. film to produce magnetic tape. (a) The affected facilities to which (6) Common emission control device the provisions of this subpart apply means a control device controlling are: emissions from the coating operation (1) Each coating operation; and as well as from another emission (2) Each piece of coating mix prepa- source within the plant. ration equipment. (7) Concurrent means construction of (b) Any new coating operation that a control device is commenced or com- utilizes less than 38 m3 of solvent or pleted within the period beginning 6 any modified or reconstructed coating months prior to the date construction operation that utilizes less than 370 m3 of affected coating mix preparation of solvent for the manufacture of mag- equipment commences and ending 2 netic tape per calendar year is subject years after the date construction of af- only to the requirements of §§ 60.714(a), fected coating mix preparation equip- 60.717(b), and 60.717(c). If the amount of ment is completed. solvent utilized for the manufacture of (8) Control device means any appa- magnetic tape equals or exceeds these ratus that reduces the quantity of a amounts in any calendar year, the fa- pollutant emitted to the air. cility is subject to § 60.712 and all other (9) Cover means, with respect to coat- sections of this subpart. Once a facility ing mix preparation equipment, a de- has become subject to § 60.712 and all vice that lies over the equipment open- other sections of this subpart, it will ing to prevent VOC from escaping and remain subject to those requirements that meets the requirements found in regardless of changes in annual solvent § 60.712(c)(1)–(5). utilization. (10) Drying oven means a chamber in (c) This subpart applies to any af- which heat is used to bake, cure, po- fected facility for which construction, lymerize, or dry a surface coating. modification, or reconstruction begins (11) Equivalent diameter means four after January 22, 1986. times the area of an opening divided by § 60.711 Definitions, symbols, and its perimeter. cross reference tables. (12) Flashoff area means the portion of a coating operation between the (a) All terms used in this subpart that are not defined below have the coating applicator and the drying oven meaning given to them in the Act and where solvent begins to evaporate from in subpart A of this part. the coated base film. (1) Base film means the substrate that (13) Magnetic tape means any flexible is coated to produce magnetic tape. substrate that is covered on one or (2) Capture system means any device both sides with a coating containing or combination of devices that con- magnetic particles and that is used for tains or collects an airborne pollutant audio or video recording or information and directs it into a duct. storage. (3) Coating applicator means any appa- (14) Natural draft opening means any ratus used to apply a coating to a con- opening in a room, building, or total tinuous base film. enclosure that remains open during op- (4) Coating mix preparation equipment eration of the facility and that is not means all mills, mixers, holding tanks, connected to a duct in which a fan is polishing tanks, and other equipment installed. The rate and direction of the used in the preparation of the magnetic natural draft across such an opening is coating formulation but does not in- a consequence of the difference in pres- clude those mills that do not emit VOC sures on either side of the wall con- because they are closed, sealed, and op- taining the opening. erated under pressure. (15) Nominal 1-month period means a (5) Coating operation means any coat- calendar month or, if established prior ing applicator, flashoff area, and dry- to the performance test in a statement ing oven located between a base film submitted with notification of antici- unwind station and a base film rewind pated startup pursuant to 40 CFR

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60.7(a)(2), a similar monthly time pe- onstration to the satisfaction of the riod (e.g., 30-day month or accounting Administrator that all VOC emissions month). are contained and vented to the control (16) Temporary enclosure means a device. total enclosure that is constructed for (18) Utilize refers to the use of solvent the sole purpose of measuring the fugi- that is delivered to coating mix prepa- tive emissions from an affected facil- ration equipment for the purpose of ity. A temporary enclosure must be formulating coatings to be applied on constructed and ventilated (through an affected coating operation and any stacks suitable for testing) so that it other solvent (e.g., dilution solvent) has minimal impact on the perform- that is added at any point in the manu- ance of the permanent capture system. facturing process. A temporary enclosure will be assumed (19) VOC content of the coating applied to achieve total capture of fugitive means the product of Method 24 VOC VOC emissions if it conforms to the requirements found in § 60.713(b)(5)(i) and analyses or formulation data (if the if all natural draft openings are at data are demonstrated to be equivalent least four duct or hood equivalent di- to Method 24 results) and the total vol- ameters away from each exhaust duct ume of coating fed to the coating appli- or hood. Alternatively, the owner or cator. This quantity is intended to in- operator may apply to the Adminis- clude all VOC that actually are emit- trator for approval of a temporary ented from the coating operation in the closure on a case-by-case basis. gaseous phase. Thus, for purposes of (17) Total enclosure means a structure the liquid-liquid VOC material balance that is constructed around a source of in § 60.713(b)(1), any VOC (including di- emissions so that all VOC emissions lution solvent) added to the coatings are collected and exhausted through a must be accounted for, and any VOC stack or duct. With a total enclosure, contained in waste coatings or retained there will be no fugitive emissions, in the final product may be measured only stack emissions. The only open- and subtracted from the total. (These ings in a total enclosure are forced adjustments are not necessary for the makeup air and exhaust ducts and any gaseous emission test compliance pro- natural draft openings such as those visions of § 60.713(b).) that allow raw materials to enter and (20) Volatile Organic Compounds or exit the enclosure for processing. All VOC means any organic compounds access doors or windows are closed dur- that participate in atmospheric photo- ing routine operation of the enclosed chemical reactions or that are meas- source. Brief, occasional openings of ured by Method 18, 24, 25, or 25A or an such doors or windows to accommodate equivalent or alternative method as de- process equipment adjustments are ac- fined in 40 CFR 60.2. ceptable, but, if such openings are rou- (b) The nomenclature used in this tine or if an access door remains open subpart has the following meaning: during the entire operation, the access (1) A = the area of each natural draft door must be considered a natural draft k opening (k) in a total enclosure, in opening. The average inward face ve- square meters. locity across the natural draft openings of the enclosure must be cal- (2) Caj = the concentration of VOC in culated including the area of such ac- each gas stream (j) exiting the emis- cess doors. The drying oven itself may sion control device, in parts per mil- be part of the total enclosure. A perma- lion by volume. nent enclosure that meets the require- (3) Cbi = the concentration of VOC in ments found in § 60.713(b)(5)(i) is as- each gas stream (i) entering the emis- sumed to be a total enclosure. The sion control device, in parts per mil- owner or operator of a permanent en- lion by volume. closure that does not meet the require- (4) Cdi = the concentration of VOC in ments may apply to the Administrator each gas stream (i) entering the emis- for approval of the enclosure as a total sion control device from the affected enclosure on a case-by-case basis. Such coating operation, in parts per million approval shall be granted upon a dem- by volume.

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(5) Cfk = the concentration of VOC in (16) Mr = the total mass in kilograms each uncontrolled gas stream (k) emit- of VOC recovered for a nominal 1- ted directly to the atmosphere from month period.

the affected coating operation, in parts (17) Qaj = the volumetric flow rate of per million by volume. each gas stream (j) exiting the emis- (6) Cgv = the concentration of VOC in sion control device, in dry standard the gas stream entering each indi- cubic meters per hour when Method 18 vidual carbon adsorber vessel (v), in or 25 is used to measure VOC con- parts per million by volume. For the centration or in standard cubic meters purposes of calculating the efficiency per hour (wet basis) when Method 25A of the individual adsorber vessel, Cgv is used to measure VOC concentration. may be measured in the carbon adsorp- (18) Qbi = the volumetric flow rate of tion system’s common inlet duct prior each gas stream (i) entering the emis- to the branching of individual inlet sion control device, in dry standard ducts. cubic meters per hour when Method 18 (7) Chv = the concentration of VOC in or 25 is used to measure VOC con- the gas stream exiting each individual centration or in standard cubic meters carbon adsorber vessel (v), in parts per per hour (wet basis) when Method 25A million by volume. is used to measure VOC concentration. (8) E = the control device efficiency (19) Q = the volumetric flow rate of achieved for the duration of the emis- di each gas stream (i) entering the emission test (expressed as a fraction). sion control device from the affected (9) F = the VOC emission capture effi- coating operation, in dry standard ciency of the VOC capture system cubic meters per hour when Method 18 achieved for the duration of the emis- or 25 is used to measure VOC con- sion test (expressed as a fraction). centration or in standard cubic meters (10) FV = the average inward face ve- per hour (wet basis) when Method 25A locity across all natural draft openings is used to measure VOC concentration. in a total enclosure, in meters per hour. (20) Qfk = the volumetric flow rate of (11) G = the calculated weighted aver- each uncontrolled gas stream (k) emit- age mass of VOC per volume of coating ted directly to the atmosphere from solids (in kilograms per liter) applied the affected coating operation, in dry each nominal 1-month period. standard cubic meters per hour when Method 18 or 25 is used to measure VOC (12) Hv = the individual carbon adsorber vessel (v) efficiency achieved concentration or in standard cubic me- for the duration of the emission test ters per hour (wet basis) when Method (expressed as a fraction). 25A is used to measure VOC concentration. (13) Hsys = the carbon adsorption system efficiency calculated when each (21) Qgv = the volumetric flow rate of adsorber vessel has an individual ex- the gas stream entering each indi- haust stack. vidual carbon adsorber vessel (v), in (14) Lsi = the volume fraction of solids dry standard cubic meters per hour in each coating (i) applied during a when Method 18 or 25 is used to meas- nominal 1-month period as determined ure VOC concentration or in standard from the facility’s formulation records. cubic meters per hour (wet basis) when (15) Mci = the total mass in kilograms Method 25A is used to measure VOC of each coating (i) applied at an af- concentration. For purposes of calcu- fected coating operation during a lating the efficiency of the individual nominal 1-month period as determined adsorber vessel, the value of Qgv can be from facility records. This quantity assumed to equal the value of Qhv meas- shall be determined at a time and loca- ured for that adsorber vessel. tion in the process after all ingredients (22) Qhv = the volumetric flow rate of (including any dilution solvent) have the gas stream exiting each individual been added to the coating, or appro- carbon adsorber vessel (v), in dry priate adjustments shall be made to ac- standard cubic meters per hour when count for any ingredients added after Method 18 or 25 is used to measure VOC the mass of the coating has been deter- concentration or in standard cubic me- mined. ters per hour (wet basis) when Method

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25A is used to measure VOC concentra- (27) Vci = the total volume in liters of tion. each coating (i) applied during a nomi-

(23) Qini = the volumetric flow rate of nal 1-month period as determined from each gas stream (i) entering the total facility records. enclosure through a forced makeup air (28) Woi = the weight fraction of VOC duct, in standard cubic meters per hour in each coating (i) applied at an af- (wet basis). fected coating operation during a (24) Q = the volumetric flow rate of nominal 1-month period as determined outj by Method 24. This value shall be deter- each gas stream (j) exiting the total mined at a time and location in the enclosure through an exhaust duct or process after all ingredients (including hood, in standard cubic meters per any dilution solvent) have been added hour (wet basis). to the coating, or appropriate adjust- (25) R = the overall VOC emission re- ments shall be made to account for any duction achieved for the duration of ingredients added after the weight frac- the emission test (expressed as a per- tion of VOC in the coating has been de- centage). termined. (26) RSi = the total mass (kg) of VOC (c) tables 1a and 1b present a cross retained in the coated base film after reference of the affected facility status oven drying for a given magnetic tape and the relevant section(s) of the regu- product. lation.

TABLE 1A—CROSS REFERENCE AB

Compliance provi- Status Standard c sions d—§ 60.713

A. Coating operation alone: New ...... § 60.712(a): Recover or destroy at least 93 percent of the VOC applied (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (c), (d) Modified or reconstructed: 1. If at least § 60.712(b)(1): (i) Maintain demonstrated level of VOC control or 93 per- (a)(1), (a)(3), 90 percent cent, whichever is lower. (b)(1), (b)(2), of the VOC (ii) If the VOC control device is subsequently replaced, the new control (b)(3), (b)(4), applied is device must be at least 95 percent efficient, a demonstration must be (c), (d) recovered or made that the overall level of VOC control is at least as high as re- destroyed quired with the old control device (90 to 93 percent) and, if the dem- prior to onstrated level is higher than the old level, maintain the higher level of modification/ control (up to 93 percent). reconstruction. 2. If existing § 60.712(b)(2): (i) Continue to vent all VOC emissions to the control de- (a)(2), (b)(5), (c), coating op- vice and maintain control efficiency at or above the demonstrated level (d) eration has or 95 percent, whichever is lower. a total en- (ii) If the VOC control device is subsequently replaced, the new control closure device must be at least 95 percent efficient and all VOC emissions vented to a must be vented from the total enclosure to the new control device. control device that is at least 92 percent efficient. 3. If existing § 60.712(b)(3): Recover or destroy at least 93 percent of the VOC ap- (b)(1), (b)(2), coating op- plied. (b)(3), (b)(4), eration is (b)(5), (c), (d) not in the previous two categories.

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TABLE 1A—CROSS REFERENCE AB—Continued

Compliance provi- Status Standard c sions d—§ 60.713

B. Coating mix preparation equipment alone: New: 1. With con- § 60.712(c): Install and use covers and vent to a control device that is at (b)(6) current con- least 95 percent efficient e. struction of new VOC control device (other than a condenser) on the coating operation. 2. Without § 60.712 (d)(1) or (d)(2): Install and use covers and vent to a control de- (b)(7), (b)(8) concurrent vice or install and use covers e. construction of new VOC control device on the coating operation or with concurrent construction of a condenser. Modified or recon- § 60.712 (d)(1) or (d)(2): Install and use covers and vent to a control de- (b)(7), (b)(8) structed. vice or install and use covers e. C. Both coating operation and § 60.712(e): In lieu of standards in § 60.712(a)–(d), use coatings con- (b)(9) coating mix preparation equip- taining a maximum of 0.20 kg VOC per liter of coating solids. ment: New and modified or reconstructed.

a This table is presented for the convenience of the user and is not intended to supercede the language of the regulation. For the details of the requirements, refer to the text of the regulation. b Refer to part B to determine which subsections of §§ 60.714, 60.715, and 60.717 correspond to each compliance provision (§ 60.713). c As per § 60.710(b), any new coating operation with solvent utilization <38 m3/yr or any modified or reconstructed coating operation with solvent utilization <370 m3/yr is exempt from the VOC standards (§ 60.712). Such coating operations are subject only to §§ 60.714(a), 60.717(b), and 60.717(c). However, should a coating operation once exceed the applicable annual solvent utilization cutoff, that coating operation shall be subject to the VOC standards (§ 60.712) and all other sections of the subpart. Once this has occurred, the coating operation shall remain subject to those requirements regardless of changes in annual solvent utilization. d As applicable. e Section 60.716 permits the use of an alternative means of VOC emission limitation that achieves an equivalent or greater VOC emission reduction.

TABLE 1B—CROSS REFERENCE

Installation of Reporting and Test methods— Category/equip- monitoring de- monitoring re- Compliance provisions a—§ 60.713 § 60.715 ment b vices and record- quirements c— keeping—§ 60.714 § 60.717

A. Coating operation alone: (b)(1)—When emissions from only the af- (a) (b), (i), (k) (a), (d)(1), (e), fected coating operation are controlled (h), (i) by a solvent recovery device, perform a liquid-liquid VOC material balance. (b)(2)—When emissions from only the af- (b)–(g) General (i), (k) (a), (e), (h), (i) fected coating operation are controlled CA (c) (d)(3), (d)(4) by an incinerator or when a common CO (d) (d)(5) emission control device (other than a TI (e) (d)(6) carbon adsorption system with indi- CI (f) (d)(7) vidual exhaust stacks for each PE, TE (g) (d)(8) adsorber vessel) is used to control emissions from an affected coating operation as well as from other sources of VOC, perform a gaseous emission test.

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TABLE 1B—CROSS REFERENCE—Continued

(b)(3)—When emissions from both the af- (b)–(g) General (i), (k) (a), (e), (h), (i) fected coating operation and from CA (c) (d)(3), (d)(4) other sources of VOC are controlled by PE, TE (g) (d)(8) a carbon adsorption system with individual exhaust stacks for each adsorber vessel, perform a gaseous emission test. (b)(4)—When emissions from more than (b)–(g) General (i), (k) (a), (e), (h), (i) one affected coating operation are CA (c) (d)(3), (d)(4) vented through the same duct to a CO (d) (d)(5) control device also controlling emis- TI (e) (d)(6) sions from nonaffected sources that CI (f) (d)(7) are vented separately from the affected PE, TE (g) (d)(8) coating operations, consider the combined affected coating operations as a single emission source and conduct a compliance test described in § 60.713(b)(2) or (3). (b)(5)—Alternative to § 60.713(b)(1)–(4): (b)–(g) General (i), (k) (a), (e) (h), (i) Demonstrate that a total enclosure is CA (c) (d)(3), (d)(4) installed around the coating operation CO (d) (d)(5) and that all VOC emissions are vented TI (e) (d)(6) to a control device with the specified CI (f) (d)(7) efficiency. TE (h) (d)(8) B. Coating mix preparation equipment alone: (b)(6)—Demonstrate that covers meeting (b)–(g) General (k) (a), (e), (h), (i) the requirements of § 60.712(c)(1)–(5) CA (c) (d)(3), (d)(4) are installed and used properly; proce- TI (e) (d)(6) dures detailing the proper use of cov- CI (f) (d)(7) ers are posted; the mix equipment is vented to a control device; and the control device efficiency is greater than or equal to 95 percent. (b)(7)—Demonstrate that covers meeting the requirements of § 60.712(c)(1)–(5) are installed and used properly; procedures detailing the proper use of covers are posted; and the mix equipment is vented to a control device. (b)(8)—Demonstrate that covers meeting the requirement of § 60.712(c)(1)–(5) are installed and used properly and that procedures detailing the proper use of the covers are posted. C. Both coating operation and coating mix prepa- (a) (i), (j) (k) (d)(2), (e), (g), ration equipment: (b)(9)—Determine that weight- (h), (i) ed average mass of VOC in the coating per volume of coating solids applied for each month.

a Section 60.713(a) specifies the procedures to be used prior to modification/reconstruction to establish the applicability of the VOC standards in § 60.712(b)(1) and (2) for modified/reconstructed coating operations. Section 60.713(a)(1) requires the use of the procedures of § 60.713(b)(1), (2), (3), or (4) to demonstrate prior to modification/reconstruction that 90 percent of the applied VOC is recovered or destroyed. Section 60.713(a)(2) requires the use of procedures of § 60.713(b)(5) to demonstrate prior to modification/reconstruction that the coating operation has a total enclosure vented to a control device that is at least 92 percent efficient. Sections 60.713(c) and (d) do not have corresponding test methods, monitoring, reporting, or recordkeeping requirements. b TI = thermal incinerator; CI = catalytic incinerator; CA = carbon adsorber; CO = condenser; PE = partial enclosure; TE = total enclosure. c See § 60.717(f) for additional reporting requirements when coating mix preparation equipment is constructed at a time when no coating operation is being constructed. See § 60.717(g) for addition reporting requirements when coating mix preparation equipment is constructed at the same time as an affected coating operation.

[53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, 1988, as amended at 53 FR 47955, Nov. 29, 1988; 53 FR 49822, Dec. 9, 1988]

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§ 60.712 Standards for volatile organic sure to the control device and maintain compounds. control device efficiency at or above Each owner or operator of any af- the demonstrated level or 95 percent, fected facility that is subject to the re- whichever is lower. quirements of this subpart shall com- (ii) If the VOC control device in use ply with the emission limitations set during the control device efficiency forth in this section on and after the demonstration made pursuant to date on which the initial performance § 60.713(a)(2) is subsequently replaced, test required by § 60.8 is completed, but each owner or operator shall install a not later than 60 days after achieving VOC control device that is at least 95 the maximum production rate at which percent efficient and ventilate all VOC the affected facility will be operated or emissions from the total enclosure to 180 days after initial startup, which- the control device. ever date comes first. (3) For coating operations not subject (a) Each owner or operator shall con- to paragraph (b)(1) or (2) of this sec- trol emissions from a new coating oper- tion, each owner or operator shall con- ation by recovering or destroying at trol emissions from the coating oper- least 93 percent of the VOC content of ation by recovering or destroying at the coating applied at the coating ap- least 93 percent of the VOC content of plicator. the coating applied at the coating ap- (b) Each owner or operator of a modi- plicator. fied or reconstructed coating operation (c) Each owner or operator con- shall meet the appropriate standard set structing new coating mix preparation out in (b)(1), (2), or (3) of this section. equipment with concurrent construc- (1) For coating operations dem- tion of a new VOC control device (other onstrated prior to modification or re- than a condenser) on a magnetic tape construction pursuant to § 60.713(a)(1) coating operation shall control emis- to have emissions controlled by the re- sions from the coating mix preparation covery or destruction of at least 90 per- equipment by installing and using a cent of the VOC content of the coating cover on each piece of equipment and applied at the coating applicator. venting the equipment to a 95 percent (i) Subject to the provisions of efficient control device. Each cover (b)(1)(ii) of this section, each owner or shall meet the following specifications: operator shall continue to control (1) Cover shall be closed at all times emissions from the coating operation except when adding ingredients, with- to at least the demonstrated level or 93 drawing samples, transferring the con- percent, whichever is lower. tents, or making visual inspection (ii) If the VOC control device in use when such activities cannot be carried during the emission reduction dem- out with cover in place. Such activities onstration made pursuant to shall be carried out through ports of § 60.713(a)(1) is subsequently replaced, the minimum practical size. each owner or operator shall: (2) Cover shall extend at least 2 cm (A) Install a control device that is at beyond the outer rim of the opening or least 95 percent efficient; and shall be attached to the rim; (B) Control emissions from the coat- (3) Cover shall be of such design and ing operation to at least the level de- construction that contact is main- termined pursuant to § 60.713(a)(3)(ii). tained between cover and rim along the (2) For coating operations dem- entire perimeter; onstrated prior to modification or re- (4) Any breach in the cover (such as construction pursuant to § 60.713(a)(2) an opening for insertion of a mixer to have a total enclosure installed shaft or port for addition of ingredi- around the coating operation and all ents) shall be covered consistent with VOC emissions ventilated to a control (c)(2) and (3) of this section when not device that is at least 92 percent effi- actively in use. An opening sufficient cient. to allow safe clearance for a mixer (i) Subject to the provisions of shaft is acceptable during those periods (b)(2)(ii) of this section, each owner or when the shaft is in place; and operator shall continue to ventilate all (5) A polyethylene or nonpermanent VOC emissions from the total enclo- cover may be used provided it meets

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the requirements of (c)(2), (3), and (4) of fied in paragraph (b)(2)(iv) of this sec- this section. Such a cover shall not be tion or Equations (4) and (5) specified reused after once being removed. in paragraphs (b)(3)(iv) and (v) of this (d) Each owner or operator of af- section, as applicable, and the test fected coating mix preparation equip- methods and procedures specified in ment not subject to § 60.712(c) shall § 60.715(b)–(g); and control emissions from the coating mix (ii) That the overall level of control preparation equipment by either: after the VOC control device is in- (1) Installing and using a cover that stalled is at least as high as the level meets the specifications in paragraphs demonstrated prior to modification or (c)(1)–(5) of this section and venting reconstruction pursuant to paragraph VOC emissions from the equipment to (a)(1) of this section. Such demonstra- a VOC control device; or tions shall be made using the proce- (2) Installing and using a cover that dures of paragraph (b)(1), (b)(2), (b)(3), meets the specifications in paragraphs or (b)(4) of this section, as appropriate. (c)(1)–(5) of this section. The required overall level of control (e) In lieu of complying with subsequent to this demonstration shall § 60.712(a) through (d), each owner or be the level so demonstrated or 93 per- operator may use coatings that contain cent, whichever is lower. a maximum of 0.20 kg of VOC per liter (b) Compliance demonstrations for of coating solids as calculated on a § 60.712(a), (b)(1), (b)(2), (b)(3), (c), (d), weighted average basis for each nomi- and (e). nal 1-month period. (1) To demonstrate compliance with § 60.712(a), (b)(1), or (b)(3) (standards for § 60.713 Compliance provisions. coating operations) when emissions (a) Applicability of § 60.712(b)(1) and from only the affected coating oper- (2) (standards for modified or recon- ations are controlled by a dedicated structed coating operations) and deter- solvent recovery device, each owner or mination of control level required in operator of the affected coating oper- § 60.712(b)(1)(ii)(B). ation shall perform a liquid-liquid VOC (1) To establish applicability of material balance over each and every § 60.712(b)(1), each owner or operator nominal 1-month period. When dem- must demonstrate, prior to modifica- onstrating compliance by this proce- tion or reconstruction, that at least 90 dure, § 60.8(f) of the General Provisions percent of the VOC content of the coat- does not apply. The amount of liquid ing applied at the coating applicator is VOC applied and recovered shall be de- recovered or destroyed. Such dem- termined as discussed in paragraph onstration shall be made using the pro- (b)(1)(iii) of this section. The overall cedures of paragraph (b)(1), (b)(2), VOC emission reduction (R) is cal- (b)(3), or (b)(4) of this section, as appro- culated using the following equation: priate. (2) To establish applicability of § 60.712(b)(2), each owner or operator must demonstrate, prior to modification or reconstruction, that a total enclosure is installed around the existing coating operation and that all VOC emissions are ventilated to a control device that is at least 92 percent efficient. Such demonstration shall be (i) The value of RSi is zero unless the made using the procedures of owner or operator submits the fol- § 60.713(b)(5). lowing information to the Adminis- (3) To determine the level of control trator for approval of a measured value required in § 60.712(b)(1)(ii)(B), the of RSi that is greater than zero: owner or operator must demonstrate: (A) Measurement techniques; and (i) That the VOC control device sub- (B) Documentation that the meas- sequently installed is at least 95 per- ured value of RSi exceeds zero. cent efficient. Such demonstration (ii) The measurement techniques of shall be made using Equation (2) speci- paragraph (b)(1)(i)(A) of this section

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shall be submitted to the Adminis- vidual exhaust stacks for each adsorber trator for approval with the notifica- vessel) is used to control emissions tion of anticipated startup required from an affected coating operation as under § 60.7(a)(2) of the General Provi- well as from other sources of VOC, each sions. owner or operator of an affected coat- (iii) Each owner or operator dem- ing operation shall perform a gaseous onstrating compliance by the test emission test using the following pro- method described in paragraph (b)(1) of cedures: this section shall: (i) Construct the overall VOC emis- (A) Measure the amount of coating sion reduction system so that all volu- applied at the coating applicator; (B) Determine the VOC content of all metric flow rates and total VOC emis- coatings applied using the test method sions can be accurately determined by specified in § 60.715(a); the applicable test methods and proce- (C) Install, calibrate, maintain, and dures specified in § 60.715(b) through (g); operate, according to the manufactur- (ii) Determine capture efficiency er’s specifications, a device that indi- from the coating operation by cap- cates the cumulative amount of VOC turing, venting, and measuring all VOC recovered by the solvent recovery de- emissions from the operation. During a vice over each nominal 1-month period. performance test, the owner or oper- The device shall be certified by the ator of an affected coating operation manufacturer to be accurate to within located in an area with other sources of ±2.0 percent; VOC shall isolate the coating operation (D) Measure the amount of VOC re- emissions from all other sources of covered; and VOC by one of the following methods: (E) Calculate the overall VOC emis- (A) Build a temporary enclosure (see sion reduction (R) for each and every § 60.711(a)(16)) around the affected coat- nominal 1-month period using Equa- tion 1. ing operation; or (iv) For facilities subject to § 60.712 (B) Shut down all other sources of (a) or (b)(3), compliance is dem- VOC and continue to exhaust fugitive onstrated if the value of R is equal to emissions from the affected coating op- or greater than 93 percent. eration through any building ventila- (v) Subject to the provisions of tion system and other room exhausts (b)(1)(vi) of this section, for facilities such as drying ovens. All ventilation subject to § 60.712(b)(1), compliance is air must be vented through stacks suit- demonstrated if the value of R is equal able for testing; to or greater than the percent reduc- (iii) Operate the emission control de- tion demonstrated pursuant to vice with all emission sources con- § 60.713(a)(1) prior to modification or re- nected and operating; construction or 93 percent whichever is (iv) Determine the efficiency (E) of lower. the control device using the following (vi) For facilities subject to equation: § 60.712(b)(1)(ii), compliance is demonstrated if the value of E (control device efficiency) is greater than or equal to 0.95 and if the value of R is equal to or greater than the percent reduction demonstrated pursuant to § 60.713(a)(3) or 93 percent, whichever is lower. (2) To demonstrate compliance with § 60.712(a), (b)(1), or (b)(3) (standards for coating operations) when the emissions from only an affected coating oper- (v) Determine the efficiency (F) of ation are controlled by a dedicated in- the VOC capture system using the fol- cinerator or when a common emission lowing equation: control device (other than a fixed-bed carbon adsorption system with indi-

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(iv) Determine the efficiency (Hv) of each individual adsorber vessel (v) using the following equation:

(vi) For each affected coating oper- (v) Determine the efficiency of the ation subject to § 60.712(a) or (b)(3), carbon adsorption system (Hsys) by compliance is demonstrated if the computing the average efficiency of × product of (E) (F) is equal to or great- the adsorber vessels as weighted by the er than 0.93. volumetric flow rate (Qhv) of each indi- (vii) For each affected coating oper- vidual adsorber vessel (v) using the fol- ation subject to § 60.712(b)(1)(i), compli- lowing equation: ance is demonstrated if the product of (E) × (F) is equal to or greater than the fractional reduction demonstrated pursuant to § 60.713(a)(1) prior to modification or reconstruction or 0.93, whichever is lower. (viii) For each affected coating operation subject to § 60.712(b)(1)(ii), compliance is demonstrated if the value of E is greater than or equal to 0.95 and if the product of (E) × (F) is equal to or greater than the fractional reduction (vi) Determine the efficiency (F) of demonstrated pursuant to § 60.713(a)(3) the VOC capture system using Equa- or 0.93, whichever is lower. tion (3). (3) To demonstrate compliance with (vii) For the affected coating oper- § 60.712(a), (b)(1), or (b)(3) (standards for ation subject to § 60.712(a) or (b)(3), compliance is demonstrated if the coating operations) when a fixed-bed product of (H ) × (F) is equal to or carbon adsorption system with indi- sys greater than 0.93. vidual exhaust stacks for each adsorber (viii) For the affected coating oper- vessel is used to control emissions from ation subject to § 60.712(b)(1)(i), compli- an affected coating operation as well as ance is demonstrated if the product of from other sources of VOC, each owner (Hsys) × (F) is equal to or greater than or operator of an affected coating oper- the fractional reduction demonstrated ation shall perform a gaseous emission pursuant to § 60.713(a)(1) prior to modi- test using the following procedures: fication or reconstruction or 0.93, (i) Construct the overall VOC emis- whichever is lower. sion reduction system so that each vol- (ix) For each affected coating oper- umetric flow rate and the total VOC ation subject to § 60.712(b)(1)(ii), com- emissions can be accurately deter- pliance is demonstrated if the value of mined by the applicable test methods Hsys is greater than or equal to 0.95 and and procedures specified in § 60.715(b) if the product of (Hsys) × (F) is equal to through (g); or greater than the fractional reduc- (ii) Assure that all VOC emissions tion demonstrated pursuant to from the coating operation are seg- § 60.713(a)(3) or 0.93, whichever is lower. regated from other VOC sources and (4) To demonstrate compliance with that the emissions can be captured for § 60.712(a), (b)(1), or (b)(3) (standards for measurement, as described in coating operations) when the VOC § 60.713(b)(2)(ii)(A) and (B); emissions from more than one affected (iii) Operate the emission control de- coating operation are collected by a vice with all emission sources con- common capture system and are vented nected and operating; through a common duct to a control

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device that is also controlling emis- (C) Average inward face velocity sions from nonaffected sources and the across all natural draft openings (FV) emissions from the nonaffected sources shall be a minimum of 3,600 meters per are vented separately from the affected hour as determined by the following coating operations, the owner or oper- procedures: ator may: (1) Construct all forced makeup air (i) Consider the combined affected ducts and all exhaust ducts so that the coating operations as a single emission volumetric flow rate in each can be ac- source; and curately determined by the test meth- (ii) Conduct a compliance test on this ods and procedures specified in single source by the methods described § 60.715(c) and (d). Volumetric flow in § 60.713(b)(2) or (3), as applicable. rates shall be calculated without the (5) An alternative method of dem- adjustment normally made for mois- onstrating compliance with § 60.712(a) ture content; and or (b)(3) (standards for coating oper- (2) Determine FV by the following ations) and the sole method of dem- equation: onstrating compliance with § 60.712(b)(2) (standards for modified or reconstructed coating operations) is the installation of a total enclosure around the coating operation and the ventilation of all VOC emissions from the total enclosure to a control device with the efficiency specified in paragraph (b)(5)(iii)(A) or (B) of this section, as applicable. If this method is selected, the compliance test methods (D) The air passing through all nat- described in paragraphs (b)(1), (b)(2), ural draft openings shall flow into the (b)(3), and (b)(4) of this section are not enclosure continuously. If FV is less required. Instead, each owner or oper- than or equal to 9,000 meters per hour, ator of an affected coating operation the continuous inward flow of air shall shall: be verified by continuous observation (i) Demonstrate that a total enclo- using smoke tubes, streamers, tracer sure is installed. An enclosure that gases, or other means approved by the meets the requirements in paragraphs Administrator over the period that the (b)(5)(i)(A) through (D) of this section volumetric flow rate tests required to shall be assumed to be a total enclo- determine FV are carried out. If FV is sure. The owner or operator of an en- greater than 9,000 meters per hour, the closed coating operation that does not direction of airflow through the nat- meet the requirements may apply to ural draft openings shall be presumed the Administrator for approval of the to be inward at all times without enclosure as a total enclosure on a verification. case-by-case basis. The enclosure shall (ii) Determine the control device effi- be considered a total enclosure if it is ciency using Equation (2) or Equations demonstrated to the satisfaction of the (4) and (5), as applicable, and the test Administrator that all VOC emissions methods and procedures specified in from the affected coating operation are § 60.715(b) through (g). contained and vented to the control de- (iii) Compliance is demonstrated if vice. The requirements for automatic the installation of a total enclosure is approval are as follows: demonstrated and the value of E deter- (A) Total area of all natural draft mined from Equation (2) (or the value openings shall not exceed 5 percent of of Hsys determined from Equations (4) the total surface area of the total en- and (5), as applicable) is equal to or closure’s walls, floor, and ceiling; greater than the required efficiency as (B) All sources of emissions within specified below: the enclosure shall be a minimum of (A) For coating operations subject to four equivalent diameters away from the standards of § 60.712(a), (b)(2)(ii), each natural draft opening; and (b)(3), 0.95 (95 percent); or

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(B) For coating operations subject to (ii) Procedures detailing the proper the standards of § 60.712(b)(2)(i), the use of covers, as specified in value of E determined from Equation § 60.712(c)(1), have been posted in all (2) (or the value of Hsys determined areas where affected coating mix prep- from Equations (4) and (5), as applica- aration equipment is used. ble) pursuant to § 60.713(a)(2) prior to (9) To determine compliance with modification or reconstruction or 0.95 § 60.712(e) (high-solids coatings alter- (95 percent), whichever is lower. native standard), each owner or oper- (6) To demonstrate compliance with ator of an affected facility shall deter- § 60.712(c) (standard for new mix equip- mine the weighted average mass of ment with concurrent construction of a VOC contained in the coating per vol- control device), each owner or operator ume of coating solids applied for each of affected coating mix preparation equipment shall demonstrate upon in- and every nominal 1-month period ac- spection that: cording to the following procedures: (i) Covers satisfying the require- (i) Determine the weight fraction of ments of § 60.712(c)(1)–(5) have been in- VOC in each coating applied using stalled and are being used properly; Method 24 as specified in § 60.715(a); (ii) Procedures detailing the proper (ii) Determine the volume of coating use of covers, as specified in solids in each coating applied from the § 60.712(c)(1), have been posted in all facility records; and areas where affected coating mix prep- (iii) Compute the weighted average aration equipment is used; by the following equation: (iii) The coating mix preparation equipment is vented to a control device; and (iv) The control device efficiency (E or Hsys, as applicable) determined using Equation (2) or Equations (4) and (5), respectively, and the test methods and procedures specified in § 60.715(b)–(g) is equal to or greater than 0.95. (7) To demonstrate compliance with § 60.712(d)(1) (standard for mix equipment), each owner or operator of af- (iv) For each affected facility where fected coating mix preparation equip- the value of G is less than or equal to ment shall demonstrate upon inspec- 0.20 kilogram of VOC per liter of coat- tion that: ing solids applied, the facility is in (i) Covers satisfying the require- compliance. ments of § 60.712(c)(1)–(5) have been in- (c) Startups and shutdowns are nor- stalled and are being used properly; mal operation for this source category. (ii) Procedures detailing the proper Emissions from these operations are to use of covers, as specified in be included when determining if the § 60.712(c)(1), have been posted in all standards for coating operations speci- areas where affected coating mix prep- fied in § 60.712(a) and (b) are being at- aration equipment is used; and tained. (iii) The coating mix preparation (d) If a control device other than a equipment is vented to a control de- carbon adsorber, condenser, or inciner- vice. ator is used to control emissions from (8) To demonstrate compliance with an affected facility, the necessary oper- § 60.712(d)(2) (standard for mix equip- ating specifications for that device ment), each owner or operator of af- must be obtained from the Adminis- fected coating mix preparation equip- trator. An example of such a device is ment shall demonstrate upon inspection that both: a flare. (i) Covers satisfying the require- [53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, ments of § 60.712(c)(1)–(5) have been in- 1988, as amended at 53 FR 47955, Nov. 29, 1988] stalled and are being used properly; and

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§ 60.714 Installation of monitoring de- The outlet gas stream would be mon- vices and recordkeeping. itored if the percent increase in the All monitoring devices required concentration level of organic com- under the provisions of this section pounds is used as the basis for report- shall be installed and calibrated, ac- ing, as described in § 60.717(d)(3). The cording to the manufacturer’s speci- inlet and outlet gas streams would be fications, prior to the initial perform- monitored if the percent control device ance tests in locations such that rep- efficiency is used as the basis for re- resentative values of the monitored pa- porting, as described in § 60.717(d)(4). rameters will be obtained. The param- (2) For carbon adsorption systems eters to be monitored shall be continu- with individual exhaust stacks for each ously measured and recorded during all adsorber vessel, install, calibrate, performance tests. maintain, and operate, according to (a) Each owner or operator of an af- the manufacturer’s specifications, a fected coating operation that utilizes monitoring device that continuously less solvent annually than the applica- indicates and records the concentra- ble cutoff provided in § 60.710(b) and tion level of organic compounds in the that is not subject to § 60.712 (standards outlet gas stream for a minimum of for coating operations) shall maintain one complete adsorption cycle per day records of actual solvent use. for each adsorber vessel. The owner or (b) Each owner or operator of an af- operator may also monitor and record fected coating operation dem- the concentration level of organic com- onstrating compliance by the test pounds in the common carbon adsorp- method described in § 60.713(b)(1) (liquid tion system inlet gas stream or in each material balance) shall maintain individual carbon adsorber vessel inlet records of all the following for each stream. The outlet gas streams alone and every nominal 1-month period: would be monitored if the percent in- (1) Amount of coating applied at the crease in the concentration level of or- applicator; ganic compounds is used as the basis (2) Results of the reference test for reporting, as described in method specified in § 60.715(a) for deter- § 60.717(d)(3). In this case, the owner or mining the VOC content of all coatings operator shall compute daily a 3-day applied; rolling average concentration level of (3) Amount VOC recovered; and organics in the outlet gas stream from (4) Calculation of the percent VOC re- each individual adsorber vessel. The covered. inlet and outlet gas streams would be (c) Each owner or operator of an af- monitored if the percent control device fected coating operation or affected efficiency is used as the basis for re- coating mix preparation equipment porting, as described in § 60.717(d)(4). In controlled by a carbon adsorption sys- this case, the owner or operator shall tem and demonstrating compliance by compute daily a 3-day rolling average the procedures described in efficiency for each individual adsorber § 60.713(b)(2), (3), (4), (5), or (6) (which vessel. include control device efficiency deter- (d) Each owner or operator of an af- minations) shall carry out the moni- fected coating operation controlled by toring and recordkeeping provisions of a condensation system and dem- paragraph (c)(1) or (2) of this section, onstrating compliance by the proce- as appropriate. dures described in § 60.713(b)(2), (4), or (1) For carbon adsorption systems (5) (which include control device effi- with a common exhaust stack for all ciency determinations) shall install, the individual adsorber vessels, install, calibrate, maintain, and operate, ac- calibrate, maintain, and operate, according to the manufacturer’s speci- cording to the manufacturer’s specifications, a monitoring device that fications, a monitoring device that continuously indicates and records the continuously indicates and records the temperature of the condenser exhaust concentration level of organic com- stream. pounds in either the control device out- (e) Each owner or operator of an af- let gas stream or in both the control fected coating operation or affected device inlet and outlet gas streams. coating mix preparation equipment

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controlled by a thermal incinerator shall follow the procedures described in and demonstrating compliance by the paragraph (g) of this section to estab- procedures described in § 60.713(b)(2), lish a monitoring plan for the total en- (4), (5), or (6) (which include control de- closure. vice efficiency determinations) shall (i) Each owner or operator of an af- install, calibrate, maintain, and oper- fected coating operation shall record ate, according to the manufacturer’s time periods of coating operations specifications, a monitoring device when an emission control device is not that continuously indicates and in use. records the combustion temperature of (j) Each owner or operator of an af- the incinerator. The monitoring device fected coating operation or affected shall have an accuracy within ±1 per- coating mix preparation equipment cent of the temperature being meas- complying with § 60.712(e) shall main- ured in Celsius degrees. tain records of the monthly weighted (f) Each owner or operator of an af- average mass of VOC contained in the fected coating operation or affected coating per volume of coating solids coating mix preparation equipment applied for each coating, as described controlled by a catalytic incinerator in § 60.713(b)(9)(i) through (iv). and demonstrating compliance by the (k) Records of the measurements and procedures described in § 60.713(b)(2), calculations required in §§ 60.713 and (4), (5), or (6) (which include control de- 60.714 must be retained for at least 2 vice efficiency determinations) shall years following the date of the meas- install, calibrate, maintain, and oper- urements and calculations. ate, according to the manufacturer’s (Sec. 114 of the Clean Air Act as amended (42 specifications, a monitoring device U.S.C. 7414)) that continuously indicates and [53 FR 38914, Oct. 3, 1988, as amended at 64 FR records the gas temperature both up- 7467, Feb. 12, 1999] stream and downstream of the catalyst bed. The monitoring device shall have § 60.715 Test methods and procedures. an accuracy within ±1 percent of the Methods in appendix A of this part, temperature being measured in Celsius except as provided under § 60.8(b), shall degrees. be used to determine compliance as fol- (g) Each owner or operator of an af- lows: fected coating operation dem- (a) Method 24 is used to determine onstrating compliance pursuant to the VOC content in coatings. If it is § 60.713(b)(2), (3), or (4) (which include demonstrated to the satisfaction of the VOC capture system efficiency deter- Administrator that plant coating for- minations) shall submit a monitoring mulation data are equivalent to Meth- plan for the VOC capture system to the od 24 results, formulation data may be Administrator for approval along with used. In the event of any inconsistency the notification of anticipated startup between a Method 24 test and a facili- required under § 60.7(a)(2) of the Gen- ty’s formulation data, the Method 24 eral Provisions. This plan shall iden- test will govern. For Method 24, the tify the parameter to be monitored as coating sample must be a 1-liter sam- an indicator of VOC capture system ple taken into a 1-liter container at a performance (e.g., the amperage to the location and time such that the sample exhaust fans or duct flow rates) and will be representative of the coating the method for monitoring the chosen applied to the base film (i.e., the sam- parameter. The owner or operator shall ple shall include any dilution solvent install, calibrate, maintain, and oper- or other VOC added during the manu- ate, according to the manufacturer’s facturing process). The container must specifications, a monitoring device be tightly sealed immediately after the that continuously indicates and sample is taken. Any solvent or other records the value of the chosen param- VOC added after the sample is taken eter. must be measured and accounted for in (h) Each owner or operator of an af- the calculations that use Method 24 re- fected coating operation who uses the sults. equipment alternative described in (b) Method 18, 25, or 25A, as appro- § 60.713(b)(5) to demonstrate compliance priate to the conditions at the site, is

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used to determine VOC concentration. alent to that required by § 60.712 (c) or The owner or operator shall submit no- (d), respectively, the Administrator tice of the intended test method to the will publish in the FEDERAL REGISTER a Administrator for approval along with notice permitting the use of the alter- the notification of the performance native means. The notice may condi- test required under § 60.8(d) of the Gen- tion permission on requirements re- eral Provisions. Method selection shall lated to the operation and maintenance be based on consideration of the diver- of the alternative means. sity of organic species present and (b) Any notice under paragraph (a) of their total concentration and on con- this section shall be published only sideration of the potential presence of after public notice and an opportunity interfering gases. Except as indicated for a public hearing. in paragraphs (b)(1) and (2) of this sec- (c) Any person seeking permission tion, the test shall consist of three sep- under this section shall submit either arate runs, each lasting a minimum of results from an emission test that doc- 30 minutes. uments the collection and measure- (1) When the method is to be used in ment of all VOC emissions from a given the determination of the efficiency of a control device or an engineering eval- fixed-bed carbon adsorption system uation that documents the determina- with a common exhaust stack for all tion of such emissions. the individual adsorber vessels pursuant to § 60.713(b)(2), (4), (5), or (6), the § 60.717 Reporting and monitoring retest shall consist of three separate quirements. runs, each coinciding with one or more (a) For all affected coating oper- complete sequences through the ad- ations subject to § 60.712(a), (b)(1), sorption cycles of all the individual (b)(2), or (b)(3) and all affected coating adsorber vessels. mix preparation equipment subject to (2) When the method is to be used in § 60.712(c), the performance test data the determination of the efficiency of a and results shall be submitted to the fixed-bed carbon adsorption system Administrator as specified in § 60.8(a) of with individual exhaust stacks for each the General Provisions (40 CFR part 60, adsorber vessel pursuant to subpart A). In addition, the average § 60.713(b)(3), (4), (5), or (6), each values of the monitored parameters adsorber vessel shall be tested individ- measured at least every 15 minutes and ually. The test for each adsorber vessel averaged over the period of the per- shall consist of three separate runs. formance test shall be submitted with Each run shall coincide with one or the results of all performance tests. more complete adsorption cycles. (b) Each owner or operator of an af- (c) Method 1 or 1A is used for sample fected coating operation claiming to and velocity traverses. utilize less than the applicable volume (d) Method 2, 2A, 2C, or 2D is used for of solvent specified in § 60.710(b) in the velocity and volumetric flow rates. first calendar year of operation shall (e) Method 3 is used for gas analysis. submit to the Administrator, with the (f) Method 4 is used for stack gas notification of projected startup, a ma- moisture. terial flow chart indicating projected (g) Methods 2, 2A, 2C, 2D, 3, and 4 solvent use. The owner or operator shall be performed, as applicable, at shall also submit actual solvent use least twice during each test period. records at the end of the initial cal- [53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, endar year. 1988] (c) Each owner or operator of an affected coating operation initially uti- § 60.716 Permission to use alternative lizing less than the applicable volume means of emission limitation. of solvent specified in § 60.710(b) per (a) If, in the Administrator’s judg- calendar year shall report the first cal- ment, an alternative means of emission endar year in which actual annual sol- limitation will achieve a reduction in vent use exceeds the applicable vol- emissions of VOC from any emission ume. point subject to § 60.712(c) or (d) (stand- (d) Each owner or operator of an af- ards for mix equipment) at least equiv- fected coating operation, or affected

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coating mix preparation equipment (i) For carbon adsorption systems subject to § 60.712(c), shall submit semi- with a common exhaust stack for all annual reports to the Administrator the individual adsorber vessels, all pe- documenting the following: riods of three consecutive adsorption (1) The 1-month amount of VOC con- cycles of all the individual adsorber tained in the coating, the VOC recov- vessels during which the average car- ered, and the percent emission reduc- bon adsorption system efficiency falls tion for months of noncompliance for below the applicable level as follows: any affected coating operation dem- (A) For those affected facilities demonstrating compliance by the perform- onstrating compliance by the performance test method described in ance test method described in § 60.713(b)(1) (liquid material balance); § 60.713(b)(2) or (4), the value of E deter- (2) The VOC contained in the coat- mined using Equation (2) during the ings for the manufacture of magnetic most recent performance test that tape for any 1-month period during demonstrated compliance. which the weighted average solvent (B) For those affected facilities dem- content (G) of the coatings exceeded onstrating compliance pursuant to 0.20 kilogram per liter of coating solids § 60.713(b)(5)(iii)(A) or § 60.713(b)(6), 0.95 for those affected facilities complying (95 percent). with § 60.712(e) (high-solids coatings al- (C) For those affected facilities dem- ternative standard); onstrating compliance pursuant to (3) For those affected facilities moni- § 60.713(b)(5)(iii)(B), the required value toring only the carbon adsorption sys- of E determined using Equation (2) pur- tem outlet concentration levels of or- suant to § 60.713(a)(2) prior to modifica- ganic compounds, the periods (during tion or reconstruction or 0.95 (95 per- actual coating operations) specified in cent), whichever is lower. paragraph (d)(3)(i) or (ii) of this sec- (ii) For carbon adsorption systems tion, as applicable. with individual exhaust stacks for each (i) For carbon adsorption systems adsorber vessel, all 3-day rolling aver- with a common exhaust stack for all ages for each adsorber vessel when the the individual adsorber vessels, all pe- efficiency falls below the applicable riods of three consecutive adsorption level as follows: cycles of all the individual adsorber (A) For those affected facilities dem- vessels during which the average value onstrating compliance by the perform- of the concentration level of organic ance test method described in compounds in the common outlet gas § 60.713(b)(3) or (4), the value of Hv de- stream is more than 20 percent greater termined using Equation (4) during the than the average value measured dur- most recent performance test that ing the most recent performance test demonstrated compliance. that demonstrated compliance. (B) For those affected facilities dem- (ii) For carbon adsorption systems onstrating compliance pursuant to with individual exhaust stacks for each § 60.713(b)(5)(iii)(A) or § 60.713(b)(6), 0.95 adsorber vessel, all 3-day rolling aver- (95 percent). ages for each adsorber vessel when the (C) For those affected facilities dem- concentration level of organic com- onstrating compliance pursuant to pounds in the individual outlet gas § 60.713(b)(5)(iii)(B), the value of Hv de- stream is more than 20 percent greater termined using Equation 4 pursuant to than the average value for that § 60.713(a)(2) prior to modification or re- adsorber vessel measured during the construction. most recent performance test that (5) All 3-hour periods (during actual demonstrated compliance. coating operations) during which the (4) For those affected facilities moni- average exhaust temperature is 5 or toring both the carbon adsorption sys- more Celsius degrees above the average tem inlet and outlet concentration lev- temperature measured during the most els of organic compounds, the periods recent performance test that dem- (during actual coating operations), onstrated compliance for those affected specified in (d)(4)(i) or (ii) of this sec- facilities monitoring condenser ex- tion, as applicable. haust gas temperature;

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(6) All 3-hour periods (during actual an affected coating operation shall in- coating operations) during which the clude the affected coating mix prepara- average combustion temperature is tion equipment in all the reporting re- more than 28 Celsius degrees below the quirements for the affected coating op- average combustion temperature dur- eration specified in § 60.7(a)(1) through ing the most recent performance test (4). that demonstrated compliance for (h) The reports required under para- those affected facilities monitoring graphs (b) through (e) of this section thermal incinerator combustion gas shall be postmarked within 30 days of temperature; the end of the reporting period. (7) All 3-hour periods (during actual (i) The requirements of this sub- coating operations) during which the section remain in force until and un- average gas temperature immediately less EPA, in delegating enforcement before the catalyst bed is more than 28 authority to a State under section Celsius degrees below the average gas 111(c) of the Act, approves reporting re- temperature during the most recent quirements or an alternative means of performance test that demonstrated compliance surveillance adopted by compliance and all 3-hour periods (dur- such States. In this event, affected ing actual coating operations) during sources within the State will be re- which the average gas temperature dif- lieved of the obligation to comply with ference across the catalyst bed is less this subsection, provided that they than 80 percent of the average gas tem- comply with the requirements estab- perature difference during the most re- lished by the State. cent performance test that demonstrated compliance for those affected (Sec. 114 of the Clean Air Act as amended (42 U.S.C. 7414)) facilities monitoring catalytic incinerator catalyst bed temperature; and [53 FR 38914, Oct. 3, 1988; 53 FR 43799, Oct. 28, (8) All 3-hour periods (during actual 1988, as amended at 53 FR 47955, Nov. 29, 1988; coating operations) during which the 64 FR 7467, Feb. 12, 1999] average total enclosure or VOC capture § 60.718 Delegation of authority. system monitoring device readings vary by 5 percent or more from the av- (a) In delegating implementation and erage value measured during the most enforcement authority to a State recent performance test that dem- under section 111(c) of the Act, the au- onstrated compliance for those affected thorities contained in paragraph (b) of facilities monitoring a total enclosure this section shall be retained by the pursuant to § 60.714(h) or VOC capture Administrator and not transferred to a system pursuant to § 60.714(g). State. (e) Each owner or operator of an af- (b) Authorities which will not be del- fected coating operation, or affected egated to States: coating mix preparation equipment § 60.711(a)(16) subject to § 60.712(c), not required to § 60.713(b)(1)(i) submit reports under § 60.717(d) because § 60.713(b)(1)(ii) no reportable periods have occurred § 60.713(b)(5)(i) shall submit semiannual reports so af- § 60.713(d) firming. § 60.715(a) (f) Each owner or operator of affected § 60.716 coating mix preparation equipment [53 FR 38914, Oct. 3, 1988; 53 FR 47955, Nov. 29, that is constructed at a time when no 1988] affected coating operation is being constructed shall: Subpart TTT—Standards of Per- (1) Be exempt from the reporting requirements specified in § 60.7(a)(1), (2), formance for Industrial Sur- and (4); and face Coating: Surface Coat- (2) Submit the notification of actual ing of Plastic Parts for Business startup specified in § 60.7(a)(3). Machines (g) The owner or operator of affected coating mix preparation equipment SOURCE: 53 FR 2676, Jan. 29, 1988, unless that is constructed at the same time as otherwise noted.

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§ 60.720 Applicability and designation conductive sensitizers or electro- of affected facility. magnetic interference/radio frequency (a) The provisions of this subpart interference shielding coatings. apply to each spray booth in which Conductive sensitizer means a coating plastic parts for use in the manufac- applied to a plastic substrate to render ture of business machines receive it conductive for purposes of electro- prime coats, color coats, texture coats, static application of subsequent prime, or touch-up coats. color, texture, or touch-up coats. (b) This subpart applies to any af- Electromagnetic interference/radio fre- fected facility for which construction, quency interference (EMI/RFI) shielding modification, or reconstruction begins coating means a conductive coating after January 8, 1986. that is applied to a plastic substrate to attenuate EMI/RFI signals. § 60.721 Definitions. Fog coating (also known as mist coat- (a) As used in this subpart, all terms ing and uniforming) means a thin coat- not defined herein shall have the meaning applied to plastic parts that have ing given them in the Act or in subpart molded-in color or texture or both to A of this part. improve color uniformity. Business machine means a device that Nominal 1-month period means either uses electronic or mechanical methods a calendar month, 30-day month, ac- to process information, perform cal- counting month, or similar monthly culations, print or copy information, or time period that is established prior to convert sound into electrical impulses the performance test (i.e., in a state- for transmission, such as: ment submitted with notification of (1) Products classified as typewriters anticipated actual startup pursuant to under SIC Code 3572; 40 CFR 60.7(2)). (2) Products classified as electronic Plastic parts means panels, housings, computing devices under SIC Code 3573; bases, covers, and other business ma- (3) Products classified as calculating chine components formed of synthetic and accounting machines under SIC polymers. Code 3574; Prime coat means the initial coat ap- (4) Products classified as telephone plied to a part when more than one and telegraph equipment under SIC coating is applied, not including con- Code 3661; (5) Products classified as office ma- ductive sensitizers or electromagnetic chines, not elsewhere classified, under interference/radio frequency inter- SIC Code 3579; and ference shielding coatings. (6) Photocopy machines, a sub- Spray booth means the structure category of products classified as pho- housing automatic or manual spray ap- tographic equipment under SIC code plication equipment where a coating is 3861. applied to plastic parts for business Coating operation means the use of a machines. spray booth for the application of a Texture coat means the rough coat single type of coating (e.g., prime that is characterized by discrete, raised coat); the use of the same spray booth spots on the exterior surface of the for the application of another type of part. This definition does not include coating (e.g., texture coat) constitutes conductive sensitizers or EMI/RFI a separate coating operation for which shielding coatings. compliance determinations are per- Touch-up coat means the coat applied formed separately. to correct any imperfections in the fin- Coating solids applied means the coat- ish after color or texture coats have ing solids that adhere to the surface of been applied. This definition does not the plastic business machine part being include conductive sensitizers or EMI/ coated. RFI shielding coatings. Color coat means the coat applied to a Transfer efficiency means the ratio of part that affects the color and gloss of the amount of coating solids deposited the part, not including the prime coat onto the surface of a plastic business or texture coat. This definition in- machine part to the total amount of cludes fog coating, but does not include coating solids used.

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VOC emissions means the mass of (2) 1.5 kilograms of VOC’s per liter of VOC’s emitted from the surface coating coating solids applied from color coat- of plastic parts for business machines ing of plastic parts for business ma- expressed as kilograms of VOC’s per chines. liter of coating solids applied (i.e., de- (3) 2.3 kilograms of VOC’s per liter of posited on the surface). coating solids applied from texture (b) All symbols used in this subpart coating of plastic parts for business not defined below are given meaning in machines. the Act or subpart A of this part. (4) 2.3 kilograms of VOC’s per liter of coatings solids applied from touch-up Dc = density of each coating as received (kilograms per liter) coating of plastic parts for business machines. Dd = density of each diluent VOC (kilograms per liter) (b) All VOC emissions that are caused Lc = the volume of each coating consumed, by coatings applied in each affected fa- as received (liters) cility, regardless of the actual point of Ld = the volume of each diluent VOC added discharge of emissions into the atmos- to coatings (liters) phere, shall be included in determining Ls = the volume of coating solids consumed compliance with the emission limits in (liters) paragraph (a) of this section. Md = the mass of diluent VOC’s consumed (kilograms) § 60.723 Performance tests and compli- Mo = the mass of VOC’s in coatings con- ance provisions. sumed, as received (kilograms) N = the volume-weighted average mass of (a) Section 60.8 (d) and (f) do not VOC emissions to the atmosphere per unit apply to the performance test proce- volume of coating solids applied (kilo- dures required by this section. grams per liter) (b) The owner or operator of an af- T = the transfer efficiency for each type of fected facility shall conduct an initial application equipment used at a coating performance test as required under operation (fraction) § 60.8(a) and thereafter a performance Tavg = the volume-weighted average transfer efficiency for a coating operation (frac- test each nominal 1-month period for tion) each affected facility according to the Vs = the proportion of solids in each coating, procedures in this section. as received (fraction by volume) (1) The owner or operator shall deter- Wo = the proportion of VOC’s in each coat- mine the composition of coatings by ing, as received (fraction by weight) analysis of each coating, as received, [53 FR 2676, Jan. 29, 1988, as amended at 54 using Method 24, from data that have FR 25459, June 15, 1989] been determined by the coating manufacturer using Method 24, or by other § 60.722 Standards for volatile organic methods approved by the Adminis- compounds. trator. (a) Each owner or operator of any af- (2) The owner or operator shall deter- fected facility which is subject to the mine the volume of coating and the requirements of this subpart shall com- mass of VOC used for dilution of coat- ply with the emission limitations set ings from company records during each forth in this section on and after the nominal 1-month period. If a common date on which the initial performance coating distribution system serves test, required by §§ 60.8 and 60.723 is more than one affected facility or completed, but not later than 60 days serves both affected and nonaffected after achieving the maximum produc- spray booths, the owner or operator tion rate at which the affected facility shall estimate the volume of coatings will be operated, or 180 days after the used at each facility by using proce- initial startup, whichever date comes dures approved by the Administrator. first. No affected facility shall cause (i) The owner or operator shall cal- the discharge into the atmosphere in culate the volume-weighted average excess of: mass of VOC’s in coatings emitted per (1) 1.5 kilograms of VOC’s per liter of unit volume of coating solids applied coating solids applied from prime coat- (N) at each coating operation [i.e., for ing of plastic parts for business ma- each type of coating (prime, color, tex- chines. ture, and touch-up) used] during each

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nominal 1-month period for each af- (A) Calculate the mass of VOC’s used

fected facility. Each 1-month calcula- (Mo + Md) for each coating operation tion is considered a performance test. during each nominal 1-month period Except as provided in paragraph for each affected facility by the fol- (b)(2)(iii) of this section, N will be de- lowing equation: termined by the following procedures:

where n is the number of coatings of each (B) Calculate the total volume of type used during each nominal 1-month coating solids consumed (Ls) in each period and m is the number of different nominal 1-month period for each coat- diluent VOC’s used during each nominal ing operation for each affected facility 1-month period. (S Ldj Ddj will be 0 if no VOC’s are added to the coatings, as re- by the following equation: ceived.)

where n is the number of coatings of each istrator on a case-by-case basis. An type used during each nominal 1-month owner or operator must submit suffi- period. cient data for the Administrator to (C) Select the appropriate transfer ef- judge the validity of the transfer effi- ficiency (T) from table 1 for each type ciency claims. of coating applications equipment used (D) Where more than one application at each coating operation. If the owner method is used within a single coating or operator can demonstrate to the sat- operation, the owner or operator shall isfaction of the Administrator that determine the volume of each coating transfer efficiencies other than those applied by each method through a shown are appropriate, the Adminis- means acceptable to the Administrator trator will approve their use on a case- and compute the volume-weighted av- by-case basis. Transfer efficiency values for application methods not listed erage transfer efficiency by the fol- below shall be approved by the Admin- lowing equation:

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TABLE 1—TRANSFER EFFICIENCIES unit volume of coating solids applied (N) is within each of the applicable Transfer Application methods efficiency Type of coating limits expressed in paragraph (b)(2)(ii) of this section because of this equip- Air atomized spray .... 0.25 Prime, color, texture, ment, the affected facility is in compli- touch-up, and fog coats. ance. In such cases, compliance will be Air-assistd airless .40 Prime and color coats. determined by the Administrator or a spray. case-by-case basis. Electrostatic air spray .40 Do. [53 FR 2676, Jan. 29, 1988, as amended at 65 where n is the number of coatings of each FR 61778, Oct. 17, 2000] type used and p is the number of application methods used. § 60.724 Reporting and recordkeeping (E) Calculate the volume-weighted requirements. average mass of VOC’s emitted per unit (a) The reporting requirements of volume of coating solids applied (N) § 60.8(a) apply only to the initial per- during each nominal 1-month period formance test. Each owner or operator for each coating operation for each af- subject to the provisions of this sub- fected facility by the folowing equa- part shall include the following data in tion: the report of the initial performance + test required under § 60.8(a): MMod N = (1) Except as provided for in para- LTs avg graph (a)(2) of this section, the volume-

(Tavg = T when only one type of coating oper- weighted average mass of VOC’s emit- ation occurs). ted to the atmosphere per volume of (ii) Where the volume-weighted aver- applied coating solids (N) for the ini- age mass of VOC’s emitted to the at- tial nominal 1-month period for each mosphere per unit volume of coating coating operation from each affected solids applied (N) is less than or equal facility. to 1.5 kilograms per liter for prime (2) For each affected facility where coats, is less than or equal to 1.5 kilo- compliance is determined under the grams per liter for color coats, is less provisions of § 60.723(b)(2)(iii), a list of than or equal to 2.3 kilograms per liter the coatings used during the initial for texture coats, and is less than or nominal 1-month period, the VOC con- equal to 2.3 kilograms per liter for tent of each coating calculated from touch-up coats, the affected facility is data determined using Method 24, and in compliance. the lowest transfer efficiency at which (iii) If each individual coating used each coating is applied during the ini- by an affected facility has a VOC con- tial nominal 1-month period. tent (kg VOC/l of solids), as received, (b) Following the initial report, each which when divided by the lowest owner or operator shall: transfer efficiency at which the coating (1) Report the volume-weighted aver- is applied for each coating operation age mass of VOC’s per unit volume of results in a value equal to or less than 1.5 kilograms per liter for prime and coating solids applied for each coating color coats and equal to or less than 2.3 operation for each affected facility dur- kilograms per liter for texture and ing each nominal 1-month period in touch-up coats, the affected facility is which the facility is not in compliance in compliance provided that no VOC’s with the applicable emission limits are added to the coatings during dis- specified in § 60.722. Reports of non- tribution or application. compliance shall be submitted on a (iv) If an affected facility uses add-on quarterly basis, occurring every 3 controls to control VOC emissions and months following the initial report; if the owner or operator can dem- and onstrate to the Administrator that the (2) Submit statements that each af- volume-weighted average mass of fected facility has been in compliance VOC’s emitted to the atmosphere dur- with the applicable emission limits ing each nominal 1-month period per specified in § 60.722 during each nominal

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1-month period. Statements of compli- Subpart UUU—Standards of Per- ance shall be submitted on a semi- formance for Calciners and annual basis. Dryers in Mineral Industries (c) These reports shall be postmarked not later than 10 days after the end of the periods specified in § 60.724(b)(1) and SOURCE: 57 FR 44503, Sept. 28, 1992, unless otherwise noted. § 60.724(b)(2). (d) Each owner or operator subject to § 60.730 Applicability and designation the provisions of this subpart shall of affected facility. maintain at the source, for a period of (a) The affected facility to which the at least 2 years, records of all data and provisions of this subpart apply is each calculations used to determine month- calciner and dryer at a mineral proc- ly VOC emissions from each coating essing plant. Feed and product con- operation for each affected facility as veyors are not considered part of the specified in 40 CFR 60.7(d). affected facility. For the brick and re- (e) Reporting and recordkeeping related clay products industry, only the quirements for facilities using add-on calcining and drying of raw materials controls will be determined by the Ad- prior to firing of the brick are covered. ministrator on a case-by-case basis. (b) An affected facility that is subject [53 FR 2676, Jan. 29, 1988, as amended at 65 to the provisions of subpart LL, Metal- FR 61778, Oct. 17, 2000] lic Mineral Processing Plants, is not subject to the provisions of this sub- § 60.725 Test methods and procedures. part. Also, the following processes and (a) The reference methods in appen- process units used at mineral proc- dix A to this part except as provided essing plants are not subject to the under § 60.8(b) shall be used to deter- provisions of this subpart: vertical mine compliance with § 60.722 as fol- shaft kilns in the magnesium com- lows: pounds industry; the chlorination-oxidation process in the titanium dioxide (1) Method 24 for determination of industry; coating kilns, mixers, and VOC content of each coating as re- aerators in the roofing granules indus- ceived. try; and tunnel kilns, tunnel dryers, (2) For Method 24, the sample must apron dryers, and grinding equipment be at least a 1-liter sample in a 1-liter that also dries the process material container. used in any of the 17 mineral industries (b) Other methods may be used to de- (as defined in § 60.731, ‘‘Mineral proc- termine the VOC content of each coat- essing plant’’). ing if approved by the Administrator (c) The owner or operator of any fa- before testing. cility under paragraph (a) of this section that commences construction, § 60.726 Delegation of authority. modification, or reconstruction after (a) In delegating implementation and April 23, 1986, is subject to the require- enforcement authority to a State ments of this subpart. under section 111(c) of the Act, the au- § 60.731 Definitions. thorities contained in paragraph (b) of this section shall be retained by the As used in this subpart, all terms not Administrator and not transferred to a defined herein shall have the meaning State. given them in the Clean Air Act and in (b) Authorities which will not be del- subpart A of this part. egated to the States: Calciner means the equipment used to remove combined (chemically bound) Section 60.723(b)(1) water and/or gases from mineral mate- Section 60.723(b)(2)(i)(C) rial through direct or indirect heating. Section 60.723(b)(2)(iv) This definition includes expansion fur- Section 60.724(e) naces and multiple hearth furnaces. Section 60.725(b) Control device means the air pollution [53 FR 2676, Jan. 29, 1988, as amended at 53 control equipment used to reduce par- FR 19300, May 27, 1988] ticulate matter emissions released to

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the atmosphere from one or more af- the ‘‘fixed capital cost of the new com- fected facilities. ponents’’ or the ‘‘fixed capital cost Dryer means the equipment used to that would be required to construct a remove uncombined (free) water from comparable new facility’’ under § 60.15. mineral material through direct or in- Calciner and dryer equipment subject direct heating. to high temperatures and abrasion are: Installed in series means a calciner end seals, flights, and refractory lining. and dryer installed such that the exhaust gases from one flow through the § 60.734 Monitoring of emissions and other and then the combined exhaust operations. gases are discharged to the atmos- (a) With the exception of the process phere. units described in paragraphs (b), (c), Mineral processing plant means any fa- and (d) of this section, the owner or op- cility that processes or produces any of erator of an affected facility subject to the following minerals, their con- the provisions of this subpart who uses centrates or any mixture of which the a dry control device to comply with the majority (>50 percent) is any of the fol- mass emission standard shall install, lowing minerals or a combination of calibrate, maintain, and operate a con- these minerals: alumina, ball clay, ben- tinuous monitoring system to measure tonite, diatomite, feldspar, fire clay, and record the opacity of emissions dis- fuller’s earth, gypsum, industrial sand, charged into the atmosphere from the kaolin, lightweight aggregate, magne- control device. sium compounds, perlite, roofing gran- (b) In lieu of a continuous opacity ules, talc, titanium dioxide, and monitoring system, the owner or oper- vermiculite. ator of a ball clay vibrating grate dryer, a bentonite rotary dryer, a diat- § 60.732 Standards for particulate matter. omite flash dryer, a diatomite rotary calciner, a feldspar rotary dryer, a fire Each owner or operator of any af- clay rotary dryer, an industrial sand fected facility that is subject to the re- fluid bed dryer, a kaolin rotary quirements of this subpart shall com- calciner, a perlite rotary dryer, a roof- ply with the emission limitations set ing granules fluid bed dryer, a roofing forth in this section on and after the granules rotary dryer, a talc rotary date on which the initial performance calciner, a titanium dioxide spray test required by § 60.8 is completed, but dryer, a titanium dioxide fluid bed not later than 180 days after the initial dryer, a vermiculite fluid bed dryer, or startup, whichever date comes first. No a vermiculite rotary dryer who uses a emissions shall be discharged into the dry control device may have a certified atmosphere from any affected facility visible emissions observer measure and that: record three 6-minute averages of the (a) Contains particulate matter in ex- opacity of visible emissions to the at- cess of 0.092 gram per dry standard mosphere each day of operation in ac- cubic meter (g/dscm) [0.040 grain per cordance with Method 9 of appendix A dry standard cubic foot (gr/dscf)] for of part 60. calciners and for calciners and dryers (c) The owner or operator of a ball installed in series and in excess of 0.057 clay rotary dryer, a diatomite rotary g/dscm (0.025 gr/dscf) for dryers; and dryer, a feldspar fluid bed dryer, a (b) Exhibits greater than 10 percent fuller’s earth rotary dryer, a gypsum opacity, unless the emissions are dis- rotary dryer, a gypsum flash calciner, charged from an affected facility using gypsum kettle calciner, an industrial a wet scrubbing control device. sand rotary dryer, a kaolin rotary [57 FR 44503, Sept. 28, 1992, as amended at 65 dryer, a kaolin multiple hearth fur- FR 61778, Oct. 17, 2000] nace, a perlite expansion furnace, a talc flash dryer, a talc rotary dryer, a § 60.733 Reconstruction. titanium dioxide direct or indirect ro- The cost of replacement of equip- tary dryer or a vermiculite expansion ment subject to high temperatures and furnace who uses a dry control device abrasion on processing equipment shall is exempt from the monitoring require- not be considered in calculating either ments of this section.

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(d) The owner or operator of an af- test that demonstrated compliance fected facility subject to the provisions with the particulate matter standard. of this subpart who uses a wet scrubber (d) The requirements of this section to comply with the mass emission remain in force until and unless the standard for any affected facility shall Agency, in delegating enforcement au- install, calibrate, maintain, and oper- thority to a State under section 111(c) ate monitoring devices that continu- of the Clean Air Act, approves report- ously measure and record the pressure ing requirements or an alternative loss of the gas stream through the means of compliance surveillance scrubber and the scrubbing liquid flow adopted by such State. In that event, rate to the scrubber. The pressure loss affected facilities within the State will monitoring device must be certified by be relieved of the obligation to comply the manufacturer to be accurate within with this section provided that they 5 percent of water column gauge pres- comply with the requirements estab- sure at the level of operation. The liq- lished by the State. uid flow rate monitoring device must [57 FR 44503, Sept. 28, 1992, as amended at 58 be certified by the manufacturer to be FR 40591, July 29, 1993] accurate within 5 percent of design scrubbing liquid flow rate. § 60.736 Test methods and procedures. (a) In conducting the performance § 60.735 Recordkeeping and reporting tests required in § 60.8, the owner or op- requirements. erator shall use the test methods in ap- (a) Records of the measurements re- pendix A of this part or other methods quired in § 60.734 of this subpart shall and procedures as specified in this sec- be retained for at least 2 years. tion, except as provided in § 60.8(b). (b) Each owner or operator who uses (b) The owner or operator shall deter- a wet scrubber to comply with § 60.732 mine compliance with the particulate shall determine and record once each matter standards in § 60.732 as follows: (1) Method 5 shall be used to deter- day, from the recordings of the moni- mine the particulate matter concentra- toring devices in § 60.734(d), an arith- tion. The sampling time and volume metic average over a 2-hour period of for each test run shall be at least 2 both the change in pressure of the gas hours and 1.70 dscm. stream across the scrubber and the (2) Method 9 and the procedures in flowrate of the scrubbing liquid. § 60.11 shall be used to determine opac- (c) Each owner or operator shall sub- ity from stack emissions. mit written reports semiannually of (c) During the initial performance exceedances of control device operating test of a wet scrubber, the owner or op- parameters required to be monitored erator shall use the monitoring devices by § 60.734 of this subpart. For the pur- of § 60.734(d) to determine the average pose of these reports, exceedances are change in pressure of the gas stream defined as follows: across the scrubber and the average (1) All 6-minute periods during which flowrate of the scrubber liquid during the average opacity from dry control each of the particulate matter runs. devices is greater than 10 percent; or The arithmetic averages of the three (2) Any daily 2-hour average of the runs shall be used as the baseline aver- wet scrubber pressure drop determined age values for the purposes of as described in § 60.735(b) that is less § 60.735(c). than 90 percent of the average value recorded according to § 60.736(c) during § 60.737 Delegation of authority. the most recent performance test that (a) In delegating implementation and demonstrated compliance with the par- enforcement authority to a State ticulate matter standard; or under section 111(c) of the Act, the au- (3) Each daily wet scrubber liquid thorities contained in paragraph (b) of flow rate recorded as described in this section shall be retained by the § 60.735(b) that is less than 80 percent or Administrator and not transferred to a greater than 120 percent of the average State. value recorded according to § 60.736(c) (b) Authorities which will not be del- during the most recent performance egated to States: No restrictions.

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Subpart VVV—Standards of Per- § 60.741 Definitions, symbols, and formance for Polymeric Coat- cross-reference tables. ing of Supporting Substrates (a) All terms used in this subpart not Facilities defined below have the meaning given to them in the Act and in subpart A of this part. SOURCE: 54 FR 37551, Sept. 11, 1989, unless Coating applicator means any appa- otherwise noted. ratus used to apply a coating to a continuous substrate. § 60.740 Applicability and designation Coating mix preparation equipment of affected facility. means all mixing vessels in which sol- (a) The affected facility to which the vent and other materials are blended to provisions of this subpart apply is each prepare polymeric coatings. coating operation and any onsite coat- Coating operation means any coating ing mix preparation equipment used to applicator(s), flashoff area(s), and dry- prepare coatings for the polymeric ing oven(s) located between a substrate coating of supporting substrates. unwind station and a rewind station (b) Any affected facility for which that coats a continuous web to produce the amount of VOC used is less than 95 a substrate with a polymeric coating. Mg per 12-month period is subject only Should the coating process not employ to the requirements of §§ 60.744(b), a rewind station, the end of the coating 60.747(b), and 60.747(c). If the amount of operation is after the last drying oven VOC used is 95 Mg or greater per 12- in the process. Common emission control device means month period, the facility is subject to a device controlling emissions from an all the requirements of this subpart. affected coating operation as well as Once a facility has become subject to from any other emission source. the requirements of this subpart, it Concurrent means the period of time will remain subject to those require- in which construction of an emission ments regardless of changes in annual control device serving an affected facil- VOC use. ity is commenced or completed, begin- (c) This subpart applies to any af- ning 6 months prior to the date that fected facility for which construction, construction of the affected facility modification, or reconstruction begins commences and ending 2 years after after April 30, 1987, except for the fa- the date that construction of the af- cilities specified in paragraph (d) of fected facility is completed. this section. Control device means any apparatus (d) This subpart does not apply to the that reduces the quantity of a pollut- following: ant emitted to the air. (1) Coating mix preparation equip- Cover means, with respect to coating ment used to manufacture coatings at mix preparation equipment, a device one plant for shipment to another that fits over the equipment opening to plant for use in an affected facility prevent emissions of volatile organic (coating operation) or for sale to an- compounds (VOC) from escaping. other company for use in an affected Drying oven means a chamber within facility (coating operation); which heat is used to dry a surface coating; drying may be the only proc- (2) Coating mix preparation equip- ess or one of multiple processes per- ment or coating operations during formed in the chamber. those times they are used to prepare or Equivalent diameter means four times apply waterborne coatings so long as the area of an opening divided by its the VOC content of the coating does perimeter. not exceed 9 percent by weight of the Flashoff area means the portion of a volatile fraction; coating operation between the coating (3) Web coating operations that print applicator and the drying oven where an image on the surface of the sub- VOC begins to evaporate from the coat- strate or any coating applied on the ed substrate. same printing line that applies the Natural draft opening means any image. opening in a room, building, or total

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enclosure that remains open during op- coatings or other coating ingredients eration of the facility and that is not prepared off the plant site) for the for- connected to a duct in which a fan is mulation of polymeric coatings to be installed. The rate and direction of the applied to supporting substrates at the natural draft across such an opening is coating operation, plus any solvent a consequence of the difference in pres- added after initial formulation is com- sures on either side of the wall or bar- plete (e.g., dilution solvent added at rier containing the opening. the coating operation). If premixed Nominal 1-month period means a cal- coatings that require no mixing at the endar month or, if established prior to plant site are used, ‘‘VOC used’’ means the performance test in a statement the amount of VOC delivered to the submitted with notification of antici- coating applicator(s) of the affected fa- pated startup pursuant to 40 CFR cility. 60.7(a)(2), a similar monthly time pe- Volatile organic compounds or VOC riod (e.g., 30-day month or accounting means any organic compounds that month). participate in atmospheric photo- Onsite coating mix preparation equip- chemical reactions; or that are meas- ment means those pieces of coating mix ured by a reference method, an equiva- preparation equipment located at the lent method, an alternative method, or same plant as the coating operation that are determined by procedures they serve. specified under any subpart. Polymeric coating of supporting sub- Waterborne coating means a coating strates means a web coating process which contains more than 5 weight per- that applies elastomers, polymers, or cent water in its volatile fraction. prepolymers to a supporting web other Web coating means the coating of than paper, plastic film, metallic foil, products, such as fabric, paper, plastic or metal coil. film, metallic foil, metal coil, cord, and Substrate means the surface to which yarn, that are flexible enough to be un- a coating is applied. rolled from a large roll; and coated as Temporary enclosure means a total en- a continuous substrate by methods in- closure that is constructed for the sole cluding, but not limited to, knife coat- purpose of measuring the fugitive VOC ing, roll coating, dip coating, impreg- emissions from an affected facility. nation, rotogravure, and extrusion. Total enclosure means a structure (b) The nomenclature used in this that is constructed around a source of subpart has the following meaning: emissions and operated so that all VOC emissions are collected and exhausted Ak = the area of each natural draft opening (k) in a total enclosure, in square meters. through a stack or duct. With a total Caj = the concentration of VOC in each gas enclosure, there will be no fugitive stream (j) exiting the emission control emissions, only stack emissions. The device, in parts per million by volume. drying oven itself may be part of the Cbi = the concentration of VOC in each gas total enclosure. stream (i) entering the emission control Vapor capture system means any de- device, in parts per million by volume. vice or combination of devices designed Cdi = the concentration of VOC in each gas to contain, collect, and route solvent stream (i) entering the emission control vapors released from the coating mix device from the affected coating operation, in parts per million by volume. preparation equipment or coating oper- Cfk = the concentration of VOC in each un- ation. controlled gas stream (k) emitted di- VOC in the applied coating means the rectly to the atmosphere from the af- product of Method 24 VOC analyses or fected coating operation, in parts per formulation data (if those data are million by volume. demonstrated to be equivalent to Cgv = the concentration of VOC in the gas Method 24 results) and the total vol- stream entering each individual carbon ume of coating fed to the coating appli- adsorber vessel (v), in parts per million cator. by volume. For purposes of calculating the efficiency of the individual adsorber VOC used means the amount of VOC vessel, Cgv may be measured in the car- delivered to the coating mix prepara- bon adsorption system’s common inlet tion equipment of the affected facility duct prior to the branching of individual (including any contained in premixed inlet ducts.

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Chv = the concentration of VOC in the gas the atmosphere from the affected coating stream exiting each individual carbon operation, in dry standard cubic meters adsorber vessel (v), in parts per million per hour when Method 18 or 25 is used to by volume. measure VOC concentration or in stand- E = the control device efficiency achieved for ard cubic meters per hour (wet basis) the duration of the emission test (ex- when Method 25A is used to measure VOC pressed as a fraction). concentration. F = the VOC emission capture efficiency of Qgv = the volumetric flow rate of the gas the vapor capture system achieved for stream entering each individual carbon the duration of the emission test (ex- adsorber vessel (v), in dry standard cubic pressed as a fraction). meters per hour when Method 18 or 25 is FV = the average inward face velocity across used to measure VOC concentration or in all natural draft openings in a total en- standard cubic meters per hour (wet closure, in meters per hour. basis) when Method 25A is used to meas- H = the individual carbon adsorber vessel (v) v ure VOC concentration. For purposes of efficiency achieved for the duration of calculating the efficiency of the indi- the emission test (expressed as a frac- vidual adsorber vessel, the value of Q tion). gv can be assumed to equal the value of Qhv Hsys = the carbon adsorption system efficiency calculated when each adsorber measured for that adsorber vessel. vessel has an individual exhaust stack. Qhv = the volumetric flow rate of the gas stream exiting each individual carbon Mci = the total mass (kg) of each coating (i) applied to the substrate at an affected adsorber vessel (v), in dry standard cubic coating operation during a nominal 1- meters per hour when Method 18 or 25 is month period as determined from facility used to measure VOC concentration or in records. standard cubic meters per hour (wet Mr = the total mass (kg) of VOC recovered for basis) when Method 25A is used to meas- a nominal 1-month period. ure VOC concentration. Qaj = the volumetric flow rate of each gas Qin i = the volumetric flow rate of each gas stream (j) exiting the emission control stream (i) entering the total enclosure device, in dry standard cubic meters per through a forced makeup air duct, in hour when Method 18 or 25 is used to standard cubic meters per hour (wet measure VOC concentration or in stand- basis). ard cubic meters per hour (wet basis) Qout j = the volumetric flow rate of each gas when Method 25A is used to measure VOC stream (j) exiting the total enclosure concentration. through an exhaust duct or hood, in Qbi = the volumetric flow rate of each gas standard cubic meters per hour (wet stream (i) entering the emission control basis). device, in dry standard cubic meters per R = the overall VOC emission reduction hour when Method 18 or 25 is used to achieved for the duration of the emission measure VOC concentration or in stand- test (expressed as a fraction). ard cubic meters per hour (wet basis) when Method 25A is used to measure VOC RSi = the total mass (kg) of VOC retained on concentration. the coated substrate after oven drying or contained in waste coating for a given Qdi = the volumetric flow rate of each gas stream (i) entering the emission control combination of coating and substrate. device from the affected coating oper- Woi = the weight fraction of VOC in each ation, in dry standard cubic meters per coating (i) applied at an affected coating hour when Method 18 or 25 is used to operation during a nominal 1-month pe- measure VOC concentration or in stand- riod as determined by Method 24. ard cubic meters per hour (wet basis) when Method 25A is used to measure VOC (c) Tables 1a and 1b present a cross concentration. reference of the affected facility status Qfk = the volumetric flow rate of each uncon- and the relevant section(s) of the regu- trolled gas stream (k) emitted directly to lation.

TABLE 1A—CROSS REFERENCE AB

Compliance provisions Status Standard § 60.743

A. Coating operation: 1. If projected VOC use is § 60.740(b): Monitor VOC use ...... Not applicable. <95 Mg/yr. 2. If projected VOC use is § 60.742(b)(1): Reduce VOC emissions to the atmosphere from (a)(1), (a)(2), (a)(3), or ≥95 Mg/yr. the coating operation by at least 90 percent; or. (a)(4);

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TABLE 1A—CROSS REFERENCE AB—Continued

Compliance provisions Status Standard § 60.743

§ 60.742(b)(2): Install, operate, and maintain a total enclosure (b), (e). around the coating operation and vent the captured VOC emissions from the total enclosure to a control device that is at least 95 percent efficient. B. Coating mix preparation equipment: 1. If projected VOC use is § 60.742(c)(3): (i) Install, operate, and maintain a cover on (d), (e). ≥95 Mg/yr but <130 Mg/yr. each piece of affected equipment; or (ii) install, operate, and maintain a cover on each piece of affected equipment and vent VOC emissions to a VOC control device. 2. If projected VOC use is § 60.742(c)(2): (i) Install, operate, and maintain a cover on (d). ≥130 Mg/yr but there is each piece of affected equipment; or (ii) install, operate, and no concurrent construc- maintain a cover on each piece of affected equipment and tion of a control device. vent VOC emissions to a VOC control device. 3. If projected VOC use is § 60.742(c)(1): Install, operate, and maintain a cover on each (c), (e). ≥130 Mg/yr and there is piece of affected equipment and vent VOC emissions from concurrent construction of the covered equipment to a 95 percent efficient control de- a control device. vice while preparation of the coating is taking place within the vessel.

a This table is presented for the convenience of the user and is not intended to supersede the language of the regulation. For the details of the requirements, refer to the text of the regulation. b Refer to table 1b to determine which subsections of §§ 60.744, 60.745, and 60.747 correspond to each compliance provision (§ 60.743).

TABLE 1B—CROSS REFERENCE

Test meth- Category/equip- Monitoring require- Reporting and rec- Compliance provisions—§ 60.743 ods— a ordkeeping require- § 60.745 ment ments—§ 60.744 ments—§ 60.747

A. Coating operation: (a)(1)—Gaseous emission test for (b)–(g) ...... General, CA, CO, (a), (i), (j), (k), (c)(1), (a), (d)(7), (f), (g), coating operations not using TI, CI, PE, TE. (d), (e), (f), (g). (h), (d)(1)(i), carbon adsorption beds with in- (d)(2)(i), (d)(3), dividual exhausts. (d)(4), (d)(5), (d)(6). (a)(2)—Gaseous emission test for (b)–(g) ...... General, CA, PE, TE (a), (i), (j), (k), (c)(2), (a), (d)(7), (f), (g), coating operations using carbon (g). (h), (d)(1)(ii), adsorption beds with individual (d)(2)(ii), (d)(6). exhausts. (a)(3)—Monthly liquid material (a) ...... VOC recovery ...... (i), (k) ...... (e), (f), (g), (h). balance—can be used only when a VOC recovery device controls only those emissions from one affected coating operation. (a)(4)—Short-term (3 to 7 day) liq- (a) ...... General, CA, CO, (a), (i), (j), (k), (c)(1), (a), (d)(7), (f), (g), uid material balance—may be PE, TE. (c)(2), (d), (g). (h), (d)(1), (d)(2), used as an alternative to (a)(3). (d)(3), (d)(6). (b)—Alternative standard for coat- (b)–(g) ...... General, CA, CO, (a), (i), (j), (k), (c)(1), (a), (d)(7), (f), (g), ing operation—demonstrate use TI, CI, PE, TE. (c)(2), (d), (e), (f), (h), (d)(1), (d)(2), of approved total enclosure and (h). (d)(3), (d)(4), emissions vented to a 95 per- (d)(5), (d)(6). cent efficient control device. B. Coating mix preparation equipment: (c)—Standard for equipment serv- (b)–(g) ...... General, CA, TI, CI (a), (i), (j), (k), (c)(1), (a), (d)(7), (f), (g), icing a coating operation with (c)(2), (e), (f). (h), (d)(1), (d)(2), concurrent construction of a (d)(4), (d)(5). control device that uses at least 130 Mg/yr of VOC—demonstrate that covers meeting specifications are installed and used properly; procedures detailing proper use are posted; the mix equipment is vented to a 95 percent efficient control device.

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TABLE 1B—CROSS REFERENCE—Continued

Test meth- Category/equip- Monitoring require- Reporting and rec- Compliance provisions—§ 60.743 ods— a ordkeeping require- § 60.745 ment ments—§ 60.744 ments—§ 60.747

(d)—Standard for equipment serv- No other re- icing a coating operation that quirements does not have concurrent con- apply. struction of a control device but uses at least 130 Mg/yr of VOC or for equipment servicing a coating operation that uses <130 Mg/yr but ≥95 Mg/yr of VOC—demonstrate that covers meeting specifications are installed and used properly; procedures detailing proper use are posted; the mix equipment is vented to a control device (optional). a CA = carbon adsorber; CO = condenser; TI = thermal incinerator; CI = catalytic incinerator; PE = partial enclosure; TE = total enclosure.

§ 60.742 Standards for volatile organic vent VOC emissions from the covered compounds. mix equipment to a 95 percent efficient (a) Each owner or operator of an af- control device while preparation of the fected facility that is subject to the re- coating is taking place within the ves- quirements of this subpart shall com- sel. ply with the emissions limitations set (2) For an affected facility that does forth in this section on and after the not have concurrent construction of a date on which the initial performance control device but uses at least 130 Mg test required by § 60.8 is completed, but of VOC per 12-month period, the owner not later than 60 days after achieving or operator shall either: the maximum production rate at which (i) Install, operate, and maintain a the affected facility will be operated or cover on each piece of affected coating 180 days after initial startup, which- mix preparation equipment; or ever date comes first. (ii) Install, operate, and maintain a (b) For the coating operation, each cover on each piece of affected coating owner or operator of an affected facil- mix preparation equipment and vent ity shall either: VOC emissions to a VOC control de- (1) Reduce VOC emissions to the at- vice. mosphere from the coating operation (3) For an affected facility that uses by at least 90 percent (‘‘emission reduc- at least 95 Mg but less than 130 Mg of tion’’ standard); or VOC per 12-month period, the owner or (2) Install, operate, and maintain a operator shall either. total enclosure around the coating op- (i) Install, operate, and maintain a eration and vent the captured VOC cover on each piece of affected coating emissions from the total enclosure to a mix preparation equipment; or control device that is at least 95 percent effecient (alternative standard). (ii) Install, operate, and maintain a (c) For the onsite coating mix prepa- cover on each piece of affected coating ration equipment of an affected facil- mix preparation equipment and vent ity, the owner or operator shall comply VOC emissions to a VOC control de- with the following requirements, as ap- vice. plicable: (1) For an affected facility that has § 60.743 Compliance provisions. concurrent construction of a control (a) To demonstrate compliance with device and uses at least 130 Mg of VOC the emission reduction standard for per 12-month period, the owner or oper- coating operations specified in ator shall install, operate, and main- § 60.742(b)(1), the owner or operator of tain a cover on each piece of affected the affected facility shall use one of coating mix preparation equipment and the following methods.

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(1) Gaseous emission test for coating op- sources of VOC by one of the following erations not using carbon adsorption beds methods: with individual exhausts. This method is (A) Build a temporary enclosure, as applicable when the emissions from defined in § 60.741(a) and conforming to any affected coating operation are con- the requirements of § 60.743(b)(1), trolled by a control device other than a around the affected coating operation. fixed-bed carbon adsorption system The temporary enclosure must be con- with individual exhaust stacks for each structed and ventilated (through adsorber vessel. The owner or operator stacks suitable for testing) so that it using this method shall comply with has minimal impact on performance of the following procedures: the capture system; or (i) Construct the vapor capture sys- (B) Shut down all other sources of tem and control device so that all gas- VOC and continue to exhaust fugitive eous volumetric flow rates and total VOC emissions can be accurately deter- emissions from the affected coating op- mined by the applicable test methods eration through any building ventila- and procedures specified in § 60.745(b) tion system and other room exhausts through (g); such as those on drying ovens. All such (ii) Determine capture efficiency ventilation air must be vented through from the coating operation by cap- stacks suitable for testing because the turing, venting, and measuring all VOC VOC content in each must be deter- emissions from the coating operation. mined. During a performance test, the owner (iii) Operate the emission control de- or operator of an affected coating oper- vice with all emission sources con- ation located in an area with other nected and operating. sources of VOC shall isolate the coat- (iv) Determine the efficiency (E) of ing operation emissions from all other the control device by Equation 1:

(v) Determine the efficiency (F) of the vapor capture system by Equation 2:

(vi) For each affected coating operations), compliance is demonstrated if ation subject to § 60.742(b)(1) (emission the product of (E)x(F) is equal to or reduction standard for coating oper- greater than 0.90.

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(2) Gaseous emission test for coating op- and procedures specified in § 60.745 (b) erations using carbon adsorption beds through (g); with individual exhausts. This method is (ii) Assure that all VOC emissions applicable when emissions from any af- from the coating operation are seg- fected coating operation are controlled regated from other VOC sources and by a fixed-bed carbon adsorption sys- that the emissions can be captured for tem with individual exhaust stacks for measurement, as described in each adsorber vessel. The owner or op- § 60.743(a)(1)(ii) (A) and (B); erator using this method shall comply (iii) Operate the emission control de- with the following procedures: (i) Construct the vapor capture sys- vice with all emission sources con- tem and control device so that each nected and operating; volumetric flow rate and the total VOC (iv) Determine the efficiency (Hv) of emissions can be accurately deter- each individual adsorber vessel (v) mined by the applicable test methods using Equation 3:

(v) Determine the efficiency of the volumetric flow rate (Qhv) of each indi- carbon adsorption system (Hsys) by vidual adsorber vessel (v) using Equa- computing the average efficiency of tion 4: the adsorber vessels as weighted by the

(vi) Determine the efficiency (F) of ance Tests) of this part does not apply. the vapor capture system using Equa- The owner or operator using this meth- tion (2). od shall comply with the following pro- (vii) For each affected coating oper- cedures to determine the VOC emission ation subject to § 60.742(b)(1) (emission reduction for each nominal 1-month pe- reduction standard for coating oper- riod: ations), compliance is demonstrated if (i) Measure the amount of coating ap- the product of (Hsys)x(F) is equal to or plied at the coating applicator. This greater than 0.90. quantity shall be determined at a time (3) Monthly liquid material balance. and location in the process after all in- This method can be used only when a gredients (including any dilution sol- VOC recovery device controls only vent) have been added to the coating, those emissions from one affected coat- or appropriate adjustments shall be ing operation. It may not be used if the made to account for any ingredients VOC recovery device controls emis- added after the amount of coating has sions from any other VOC emission been determined; sources. When demonstrating compli- (ii) Determine the VOC content of all ance by this method, § 60.8(f) (Perform- coatings applied using the test method

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specified in § 60.745(a). This value shall each nominal 1-month period. The de- be determined at a time and location in vice shall be certified by the manufac- the process after all ingredients (in- turer to be accurate to within ±2.0 per- cluding any dilution solvent) have been cent; added to the coating, or appropriate (iv) Measure the amount of VOC re- adjustments shall be made to account covered; and for any ingredients added after the (v) Calculate the overall VOC emis- VOC content in the coating has been sion reduction (R) for each and every determined; nominal 1-month period using Equa- (iii) Install, calibrate, maintain, and tion 5. Emissions during startups and operate, according to the manufactur- shutdowns are to be included when de- er’s specifications, a device that indi- termining R because startups and shut- cates the cumulative amount of VOC downs are part of normal operation for recovered by the control device over this source category.

If the value of R is equal to or greater that such properties cannot be than 0.90, compliance with § 60.742(b)(1) achieved by other means. is demonstrated. (C) The measurement techniques of

(A) The value of RSi is zero unless paragraphs (a)(3)(v)(A)(1) and the owner or operator submits the fol- (a)(3)(v)(B)(1) of this section shall be lowing information to the Adminis- submitted to the Administrator for ap- trator for approval of a measured value proval with the notification of anticipated startup required under of RSi that is greater than zero but less than or equal to 6 percent by weight of § 60.7(a)(2). the liquid VOC applied: (vi) The point at which Mr is to be (1) Measurement techniques; and measured shall be established when the compliance procedures are approved. (2) Documentation that the measured The presumptive point of measurement value of RS exceeds zero but is less i shall be prior to separation/ purifi- than or equal to 6 percent by weight of cation; a point after separation/purifi- the liquid VOC applied. cation may be adopted for enhanced (B) For those facilities not subject to convenience or accuracy. paragraph (a)(3)(v)(A) of this section, (4) Short-term liquid material balance. the value of RSi is zero unless the This method may be used as an alter- owner or operator submits the fol- native to the monthly liquid material lowing information to the Adminis- balance described in paragraph (a)(3) of trator for approval of a measured value this section. The owner or operator of RSi that is greater than 6 percent by using this method shall comply with weight of the liquid VOC applied. the following procedures to determine (1) Measurement techniques; VOC emission reduction for a 3- to 7- (2) Documentation that the measured day period and shall continuously mon- value of RSi exceeds 6 percent by itor VOC emissions as specified in weight of the liquid VOC applied; and § 60.744. (3) Either documentation of customer (i) Use the procedures described in specifications requiring higher values paragraphs (a)(3) (i) through (vi) of this or documentation that the desired section to determine the overall emis- properties of the product make it nec- sion reduction, R. Compliance is dem- essary for RSi to exceed 6 percent by onstrated if the value of R is equal to weight of the liquid VOC applied and or greater than 0.90.

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(ii) The number of days for the per- (iii) All access doors and windows are formance test (3 to 7) is to be based on closed during normal operation of the the affected facility’s representative enclosed coating operation, except for performance consistent with the re- brief, occasional openings to accommo- quirements of § 60.8(c). Data dem- date process equipment adjustments. If onstrating that the chosen test period such openings are frequent, or if the is representative shall be submitted to access door or window remains open for the Administrator for approval with a significant amount of time during the notification of anticipated startup the process operation, it must be con- required under § 60.7(a)(2). sidered a natural draft opening. Access (b) Each owner or operator of an affected coating operation subject to the doors used routinely by workers to standard specified in § 60.742(b)(2) (al- enter and exit the enclosed area shall ternative standard for coating oper- be equipped with automatic closure de- ations) shall: vices; (1) Demonstrate that a total enclo- (iv) Average inward face velocity sure is installed. The total enclosure (FV) across all natural draft openings shall either be approved by the Admin- is a minimum of 3,600 meters per hour istrator in accordance with the provi- as determined by the following proce- sions of § 60.746, or meet the require- dures: ments in paragraphs (b)(1) (i) through (A) Construct all forced makeup air (vi) of this section, as follows: ducts and all exhaust ducts so that the (i) The only openings in the enclosure volumetric flow rate in each can be ac- are forced makeup air and exhaust curately determined by the test meth- ducts and natural draft openings such ods and procedures specified in § 60.745 as those through which raw materials (c) and (d). Volumetric flow rates shall enter and exist the coating operation; be calculated without the adjustment (ii) Total area of all natural draft openings does not exceed 5 percent of normally made for moisture content; the total surface area of the total en- and closure’s walls, floor, and ceiling; (B) Determine FV by Equation 6:

(v) The air passing through all nat- to be inward at all times without ural draft openings flows into the en- verification. closure continuously. If FV is less than (vi) All sources of emissions within or equal to 9,000 meters per hour, the the enclosure shall be a minimum of continuous inward airflow shall be four equivalent diameters away from verified by continuous observation each natural draft opening. using smoke tubes, streamers, tracer (2) Determine the control device effi- gases, or other means approved by the ciency using Equation (1) or Equations Administrator over the period that the (3) and (4), as applicable, and the test volumetric flow rate tests required to methods and procedures specified in determine FV are carried out. If FV is § 60.745 (b) through (g). greater than 9,000 meters per hour, the (3) Compliance is demonstrated if the direction of airflow thourgh the nat- installation of a total enclosure is ural draft openings shall be presumed demonstrated and the value of E determined from Equation (1) or the value of

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Hsys determined from Equations (3) and procedures specified in § 60.745 (b) (4), as applicable, is equal to or greater through (g) is equal to or greater than than 0.95. 0.95. (c) To demonstrate compliance with (d) To demonstrate compliance with § 60.742(c)(1) (standard for coating mix § 60.742(c)(2) (standard for coating mix preparation equipment servicing a preparation equipment servicing a coating operation with concurrent con- coating operation that does not have struction of a control device that uses concurrent construction of a control at least 130 Mg per year of VOC), each device but uses at least 130 Mg of VOC owner or operator of affected coating per year) or § 60.742(c)(3) (standard for mix preparation equipment shall dem- coating mix preparation equipment onstrate that: servicing a coating operation that uses (1) Covers meeting the following at least 95 Mg but less than 130 Mg of specifications have been installed and VOC per year), each owner or operator are being used properly: of affected coating mix preparation (i) Cover shall be closed at all times equipment shall demonstrate upon in- except when adding ingredients, with- spection that: drawing samples, transferring the con- (1) Covers satisfying the specifica- tents, or making visual inspection tions in paragraphs (c)(1) (i) through when such activities cannot be carried (v) of this section have been installed out with cover in place. Such activities and are being properly operated and shall be carried out through ports of maintained; and the minimum practical size; (2) Procedures detailing the proper (ii) Cover shall extend at least 2 cen- use of covers, as specified in paragraph timeters beyond the outer rim of the (c)(1)(i) of this section, have been post- opening or shall be attached to the ed in all areas where affected coating rim; mix preparation equipment is used. (iii) Cover shall be of such design and (3) Owners or operators meeting the construction that contact is main- standard specified in § 60.742 (c)(2)(ii) or tained between cover and rim along the (c)(3)(ii) shall also demonstrate that entire perimeter; the coating mix preparation equipment (iv) Any breach in the cover (such as is vented to a control device. a slit for insertion of a mixer shaft or port for addition of ingredients) shall (e) If a control device other than a be covered consistent with paragraphs carbon adsorber, condenser, or inciner- (c)(1) (i), (ii), and (iii) of this section ator is used to control emissions from when not actively in use. An opening an affected facility, the necessary oper- sufficient to allow safe clearance for a ating specifications for that device mixer shaft is acceptable during those must be approved by the Adminis- periods when the shaft is in place; and trator. An example of such a device is (v) A polyehtylene or nonpermanent a flare. cover may be used provided it meets § 60.744 Monitoring requirements. the requirements of paragraphs (c)(1) (ii), (iii), and (iv) of this section. Such (a) Each owner or operator of an af- a cover shall not be reused after once fected facility shall install and cali- being removed. brate all monitoring devices required (2) Procedures detailing the proper under the provisions of this section ac- use of covers, as specified in paragraph cording to the manufacturer’s speci- (c)(1)(i) of this section, have been post- fications, prior to the initial performed in all areas where affected coatings ance test in locations such that rep- mix preparation equipment is used; resentative values of the monitored pa- (3) The coating mix preparation rameters will be obtained. The param- equipment is vented to a control device eters to be monitored shall be continu- while preparation of the coating is tak- ously measured and recorded during ing place within the vessel; and each performance test. (4) The control device efficiency (E or (b) Each owner or operator of an af- Hsys, as applicable) determined using fected facility that uses less than 95 Mg Equation (1) or Equations (3) and (4), of VOC per year and each owner or op- respectively, and the test methods and erator of an affected facility subject to

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the provisions specified in § 60.742(c)(3) pounds is used as the basis for report- shall: ing, as described in § 60.747(d)(1)(ii). In (1) Make semiannual estimates of the this case, the owner or operator shall projected annual amount of VOC to be compute daily a 3-day rolling average used for the manufacture of polymeric concentration level of organics in the coated substrate at the affected coat- outlet gas stream from each individual ing operation in that year; and adsorber vessel. The inlet and outlet (2) Maintain records of actual VOC gas streams shall be monitored if the use. percent control device efficiency is (c) Each owner or operator of an af- used as the basis for reporting, as de- fected facility controlled by a carbon scribed in § 60.747(d)(2)(ii). In this case, adsorption system and demonstrating the owner or operator shall compute compliance by the procedures described daily a 3-day rolling average efficiency in § 60.743 (a)(1), (2), (b), or (c) (which infor each individual adsorber vessel. clude control device efficiency deter- (d) Each owner or operator of an af- minations) or § 60.743(a)(4) (short-term fected facility controlled by a con- liquid material balance) shall carry out densation system and demonstrating the monitoring provisions of paragraph compliance by the test methods de- (c)(1) or (2) of this section, as appro- scribed in § 60.743 (a)(1), (2), (b), or (c) priate. (which include control device effi- (1) For carbon adsorption systems ciency determinations) or § 60.743(a)(4) with a common exhaust stack for all (short-term liquid material balance) the individual adsorber vessels, install, shall install, calibrate, maintain, and calibrate, maintain, and operate, ac- operate, according to the manufactur- cording to the manufacturer’s speci- er’s specifications, a monitoring device fications, a monitoring device that that continuously indicates and continuously indicates and records the records the temperature of the con- concentration level of organic com- denser exhaust stream. pounds in either the control device out- (e) Each owner or operator of an af- let gas stream or in both the control fected facility controlled by a thermal device inlet and outlet gas streams. incinerator and demonstrating compli- The outlet gas stream shall be mon- ance by the test methods described in itored if the percent increase in the § 60.743 (a)(1), (2), (b), or (c) (which in- concentration level of organic com- clude control device efficiency deter- pounds is used as the basis for report- minations) shall install, calibrate, ing, as described in § 60.747(d)(1)(i). The maintain, and operate, according to inlet and outlet gas streams shall be the manufacturer’s specifications, a monitored if the percent control device monitoring device that continuously efficiency is used as the basis for re- indicates and records the combustion porting, as described in § 60.747(d)(2)(i). temperature of the incinerator. The (2) For carbon adsorption systems monitoring device shall have an accu- with individual exhaust stacks for each racy within ±1 percent of the tempera- adsorber vessel, install, calibrate, ture being measured in Celsius degrees. maintain, and operate, according to (f) Each owner or operator of an af- the manufacturer’s specifications, a fected facility controlled by a catalytic monitoring device that continuously incinerator and demonstrating compli- indicates and records the concentra- ance by the test methods described in tion level of organic compounds in the § 60.743 (a)(1), (2), (b), or (c) (which in- outlet gas stream for a minimum of clude control device efficiency deter- one complete adsorption cycle per day minations) shall install, calibrate, for each adsorber vessel. The owner or maintain, and operate, according to operator may also monitor and record the manufacturer’s specifications, a the concentration level of organic com- monitoring device that continuously pounds in the common carbon adsorp- indicates and records the gas tempera- tion system inlet gas stream or in each ture both upstream and downstream of individual carbon adsorber vessel inlet the catalyst bed. The monitoring de- stream. The outlet gas streams shall be vice shall have an accuracy within ±1 monitored if the percent increase in percent of the temperature being meas- the concentration level of organic com- ured in Celsius degrees.

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(g) Each owner or operator of an af- tween a Method 24 test and a facility’s fected facility who demonstrates com- formulation data, the Method 24 test pliance by the test methods described will govern. For Method 24, the coating in § 60.743(a)(1) or (2) (which include sample must be a 1-liter sample col- vapor capture system efficiency deter- lected in a 1-liter container at a point minations) or § 60.743(a)(4) (short-term in the process where the sample will be liquid material balance) shall submit a representative of the coating applied to monitoring plan for the vapor capture the substrate (i.e., the sample shall in- system to the Administrator for ap- clude any dilution solvent or other proval with the notification of antici- VOC added during the manufacturing pated startup required under § 60.7(a)(2) process). The container must be tightly of the General Provisions. This plan sealed immediately after the sample is shall identify the parameter to be mon- collected. Any solvent or other VOC itored as an indicator of vapor capture added after the sample is taken must system performance (e.g., the amper- be measured and accounted for in the age to the exhaust fans or duct flow calculations that use Method 24 re- rates) and the method for monitoring sults. the chosen parameter. The owner or (b) Method 25 shall be used to deter- operator shall install, calibrate, main- mine VOC concentrations from inciner- tain, and operate, according to the ator gas streams. Alternative Methods manufacturer’s specifications, a moni- (18 or 25A), may be used as explained in toring device that continuously indi- the applicability section of Method 25 cates and records the value of the cho- in cases where use of Method 25 is dem- sen parameter. onstrated to be technically infeasible. (h) Each owner or operator of an af- The owner or operator shall submit no- fected facility who demonstrates com- tice of the intended test method to the pliance as described in § 60.743(b) shall Administrator for approval along with follow the procedures described in the notification of the performance paragraph (g) of this section to estab- test required under § 60.8(d) of the Gen- lish a monitoring system for the total eral Provisions. Except as indicated in enclosure. paragraphs (b)(1) and (b)(2) of this sec- (i) Each owner or operator of an af- tion, the test shall consist of three sep- fected facility shall record time periods arate runs, each lasting a minimum of of mixing or coating operations when 30 minutes. the emission control device is malfunc- (1) When the method is to be used in tioning or not in use. the determination of the efficiency of a (j) Each owner or operator of an affixed-bed carbon adsorption system fected facility shall record time periods with a common exhaust stack for all of mixing or coating operations when the individual adsorber vessels pursu- each monitoring device is malfunc- ant to § 60.743 (a)(1), (b), or (c), the test tioning or not in use. shall consist of three separate runs, (k) Records of the measurements and each coinciding with one or more com- calculations required in §§ 60.743 and plete system rotations through the ad- 60.744 must be retained for at least 2 sorption cycles of all the individual years following the date of the meas- adsorber vessels. urements and calculations. (2) When the method is to be used in the determination of the efficiency of a § 60.745 Test methods and procedures. fixed-bed carbon adsorption system Methods in appendix A of this part, with individual exhaust stacks for each except as provided under § 60.8(b), shall adsorber vessel pursuant to § 60.743 be used to determine compliance as fol- (a)(2), (b), or (c), each adsorber vessel lows: shall be tested individually. Each test (a) Method 24 is used to determine shall consist of three separate runs, the VOC content in coatings. If it is each coinciding with one or more com- demonstrated to the satisfaction of the plete adsorption cycles. Administrator that coating formula- (c) Method 1 or 1A is used for sample tion data are equivalent to Method 24 and velocity traverses; results, formulation data may be used. (d) Method 2, 2A, 2C, or 2D is used for In the event of any inconsistency be- velocity and volumetric flow rates;

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(e) Method 3 is used for gas analysis; in the first year of operation shall sub- (f) Method 4 is used for stack gas mit to the Administrator, with the no- moisture; tification of anticipated startup re- (g) Methods 2, 2A, 2C, or 2D; 3; and 4 quired under § 60.7(a)(2) of the General shall be performed, as applicable, at Provisions, a material flow chart indi- least twice during each test run. cating projected VOC use. The owner or operator shall also submit actual VOC § 60.746 Permission to use alternative use records at the end of the initial means of emission limitation. year. (a) If, in the Administrator’s judg- (c) Each owner or operator of an af- ment, an alternative means of emission fected facility subject to the provisions limitation will achieve a reduction in of § 60.742(c)(3) and initially using less emissions of VOC from any emission than 130 Mg of VOC per year and each point subject to § 60.742(c) at least owner or operator of an affected facil- equivalent to that required by ity initially using less than 95 Mg of § 60.742(b)(2) or § 60.742(c), respectively, VOC per year shall: the Administrator will publish in the (1) Record semiannual estimates of FEDERAL REGISTER a notice permitting projected VOC use and actual 12-month the use of the alternative means. The VOC use; Administrator may condition permis- (2) Report the first semiannual esti- sion on requirements that may be nec- mate in which projected annual VOC essary to ensure operation and mainte- use exceeds the applicable cutoff; and nance to achieve the same emission re- (3) Report the first 12-month period duction as specified in § 60.742(b)(2) or in which the actual VOC use exceeds § 60.742(c), respectively. the applicable cutoff. (b) Any notice under paragraph (a) of (d) Each owner or operator of an af- this section shall be published only fected facility demonstrating compli- after public notice and an opportunity ance by the methods described in for a public hearing. § 60.743(a)(1), (2), (4), (b), or (c) shall (c) Any person seeking permission maintain records and submit quarterly under this section shall submit to the reports to the Administrator docu- Administrator either results from an menting the following: emission test that accurately collects (1) For those affected facilities moni- and measures all VOC emissions from a toring only the carbon adsorption sys- given control device or an engineering tem outlet concentration levels of or- evaluation that accurately determines ganic compounds, the periods (during such emissions. actual coating operations) specified in paragraph (d)(1)(i) or (ii) of this sec- § 60.747 Reporting and recordkeeping tion, as applicable. requirements. (i) For carbon adsorption systems (a) For each affected facility subject with a common exhaust stack for all to the requirements of § 60.742(b) and the individual adsorber vessels, all pe- (c), the owner or operator shall submit riods of three consecutive system rota- the performance test data and results tions through the adsorption cycles of to the Administrator as specified in all the individual adsorber vessels dur- § 60.8(a) of this part. In addition, the ing which the average value of the con- average values of the monitored pa- centration level of organic compounds rameters measured at least every 15 in the common outlet gas stream is minutes and averaged over the period more than 20 percent greater than the of the performance test shall be sub- average value measured during the mitted with the results of all perform- most recent performance test that ance tests. demonstrated compliance. (b) Each owner or operator of an af- (ii) For carbon adsorption systems fected facility subject to the provisions with individual exhaust stacks for each specified in § 60.742(c)(3) and claiming adsorber vessel, all 3-day rolling aver- to use less than 130 Mg of VOC in the ages for each adsorber vessel when the first year of operation and each owner concentration level of organic com- or operator of an affected facility pounds in the individual outlet gas claiming to use less than 95 Mg of VOC stream is more than 20 percent greater

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than the average value for that ture, all 3-hour periods (during actual adsorber vessel measured during the coating operations) during which the most recent performance test that average exhaust temperature is 5 or demonstrated compliance. more Celsius degrees above the average (2) For those affected facilities moni- temperature measured during the most toring both the carbon adsorption sys- recent performance test that dem- tem inlet and outlet concentration lev- onstrated compliance; els of organic compounds, the periods (4) For those affected facilities moni- (during actual coating operations), toring thermal incinerator combustion specified in paragraph (d)(2)(i) or (ii) of gas temperature, all 3-hour periods this section, as applicable. (during actual coating operations) dur- (i) For carbon adsorption systems ing which the average combustion tem- with a common exhaust stack for all perature of the device is more than 28 the individual adsorber vessels, all pe- Celsius degrees below the average com- riods of three consecutive adsorption bustion temperature of the device dur- cycles of all the individual adsorber ing the most recent performance test vessels during which the average car- that demonstrated compliance; bon adsorption system efficiency falls (5) For those affected facilities moni- below the applicable level as follows: toring catalytic incinerator catalyst (A) For those affected facilities dem- bed temperature, all 3-hour periods onstrating compliance by the perform- (during actual coating operations) dur- ance test method described in ing which the average gas temperature § 60.743(a)(1), the value of E determined immediately before the catalyst bed is using Equation (1) during the most re- more than 28 Celsius degrees below the cent performance test that dem- average gas temperature during the onstrated compliance. most recent performance test that (B) For those affected facilities dem- demonstrated compliance and all 3- onstrating compliance by the perform- hour periods (during actual coating op- ance test described in § 60.743(a)(4), the erations) during which the average gas average value of the system efficiency temperature difference across the cata- measured with the monitor during the lyst bed is less than 80 percent of the most recent performance test that average gas temperature difference demonstrated compliance. during the most recent performance (C) For those affected facilities dem- test that demonstrated compliance; onstrating compliance pursuant to § 60.743(b) or (c), 0.95. (6) For each affected facility moni- (ii) For carbon adsorption systems toring a total enclosure pursuant to with individual exhaust stacks for each § 60.744(h) or vapor capture system pur- adsorber vessel, all 3-day rolling aver- suant to § 60.744(g), all 3-hour periods ages for each adsorber vessel during (during actual coating operations) dur- which the average carbon adsorber ves- ing which the average total enclosure sel efficiency falls below the applicable or vapor capture system monitor read- level as follows: ings vary by 5 percent or more from (A) For those affected facilities dem- the average value measured during the onstrating compliance by the perform- most recent performance test that ance test method described in demonstrated compliance. § 60.743(a)(2), (b), or (c), the value of Hv (7) Each owner or operator of an af- determined using Equation (3) during fected coating operation not required the most recent performance test that to submit reports under paragraphs demonstrated compliance. (d)(1) through (6) of this section be- (B) For those affected facilities dem- cause no reportable periods have oc- onstrating compliance by the perform- curred shall submit semiannual state- ance test described in § 60.743(a)(4), the ments clarifying this fact. average efficiency for that adsorber (e) Each owner or operator of an af- vessel measured with the monitor dur- fected coating operation, dem- ing the most recent performance test onstrating compliance by the test that demonstrated compliance. methods described in § 60.743(a)(3) (liq- (3) For those affected facilities moni- uid-liquid material balance) shall sub- toring condenser exhaust gas tempera- mit the following:

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(1) For months of compliance, semi- Subpart WWW—Standards of Per- annual reports to the Administrator formance for Municipal Solid stating that the affected coating oper- Waste Landfills ation was in compliance for each 1- month period; and SOURCE: 61 FR 9919, Mar. 12, 1996, unless (2) For months of noncompliance, otherwise noted. quarterly reports to the Administrator documenting the 1-month amount of § 60.750 Applicability, designation of VOC contained in the coatings, the 1- affected facility, and delegation of month amount of VOC recovered, and authority. the percent emission reduction for each (a) The provisions of this subpart month. apply to each municipal solid waste (f) Each owner or operator of an af- landfill that commenced construction, fected coating operation, either by reconstruction, or modification on or itself or with associated coating mix after May 30, 1991, but before July 18, preparation equipment, shall submit 2014. the following with the reports required (b) The following authorities shall be under paragraphs (d) and (e) of this sec- retained by the Administrator and not tion: transferred to the State: § 60.754(a)(5). (1) All periods during actual mixing (c) Activities required by or con- or coating operations when a required ducted pursuant to a CERCLA, RCRA, monitoring device (if any) was mal- or State remedial action are not con- functioning or not operating; and sidered construction, reconstruction, (2) All periods during actual mixing or modification for purposes of this or coating operations when the control subpart. device was malfunctioning or not oper- (d) An affected municipal solid waste ating. landfill must continue to comply with (g) The reports required under para- this subpart until it: graphs (b), (c), (d), and (e) of this sec- (1) Becomes subject to the more tion shall be postmarked within 30 stringent requirements in an approved days of the end of the reporting period. and effective state or federal plan that implements subpart Cf of this part, or (h) Records required in § 60.747 must (2) Modifies or reconstructs after be retained for at least 2 years. July 17, 2014, and thus becomes subject (i) The requirements of this section to subpart XXX of this part. remain in force until and unless EPA, in delegating enforcement authority to [61 FR 9919, Mar. 12, 1996, as amended at 63 a State under section 111(c) of the Act, FR 32750, June 16, 1998; 85 FR 17260, Mar. 26, approves reporting requirements or an 2020] alternative means of compliance sur- § 60.751 Definitions. veillance adopted by such States. In this event, affected sources within the As used in this subpart, all terms not State will be relieved of the obligation defined herein shall have the meaning to comply with this subsection, pro- given them in the Act or in subpart A of this part. vided that they comply with the re- Active collection system means a gas quirements established by the State. collection system that uses gas mover § 60.748 Delegation of authority. equipment. Active landfill means a landfill in (a) In delegating implementation and which solid waste is being placed or a enforcement authority to a State landfill that is planned to accept waste under section 111(c) of the Act, the au- in the future. thorities contained in paragraph (b) of Closed landfill means a landfill in this section shall be retained by the which solid waste is no longer being Administrator and not transferred to a placed, and in which no additional solid State. wastes will be placed without first fil- (b) Authorities that will not be dele- ing a notification of modification as gated to States: §§ 60.743(a)(3)(v) (A) and prescribed under § 60.7(a)(4). Once a no- (B); 60.743(e); 60.745(a); 60.746. tification of modification has been

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filed, and additional solid waste is Household waste means any solid placed in the landfill, the landfill is no waste (including garbage, trash, and longer closed. sanitary waste in septic tanks) derived Closure means that point in time from households (including, but not when a landfill becomes a closed land- limited to, single and multiple resi- fill. dences, hotels and motels, bunkhouses, Commercial solid waste means all ranger stations, crew quarters, camp- types of solid waste generated by grounds, picnic grounds, and day-use stores, offices, restaurants, ware- recreation areas). houses, and other nonmanufacturing Industrial solid waste means solid activities, excluding residential and in- waste generated by manufacturing or dustrial wastes. industrial processes that is not a haz- Controlled landfill means any landfill ardous waste regulated under Subtitle at which collection and control sys- C of the Resource Conservation and Re- tems are required under this subpart as covery Act, parts 264 and 265 of this a result of the nonmethane organic compounds emission rate. The landfill title. Such waste may include, but is is considered controlled at the time a not limited to, waste resulting from collection and control system design the following manufacturing processes: plan is submitted in compliance with electric power generation; fertilizer/ag- § 60.752(b)(2)(i). ricultural chemicals; food and related Design capacity means the maximum products/by-products; inorganic chemi- amount of solid waste a landfill can ac- cals; iron and steel manufacturing; cept, as indicated in terms of volume leather and leather products; non- or mass in the most recent permit ferrous metals manufacturing/found- issued by the State, local, or Tribal ries; organic chemicals; plastics and agency responsible for regulating the resins manufacturing; pulp and paper landfill, plus any in-place waste not ac- industry; rubber and miscellaneous counted for in the most recent permit. plastic products; stone, glass, clay, and If the owner or operator chooses to concrete products; textile manufac- convert the design capacity from vol- turing; transportation equipment; and ume to mass or from mass to volume to water treatment. This term does not demonstrate its design capacity is less include mining waste or oil and gas than 2.5 million megagrams or 2.5 mil- waste. lion cubic meters, the calculation must Interior well means any well or simi- include a site specific density, which lar collection component located inside must be recalculated annually. the perimeter of the landfill waste. A Disposal facility means all contiguous perimeter well located outside the land and structures, other appur- landfilled waste is not an interior well. tenances, and improvements on the Landfill means an area of land or an land used for the disposal of solid excavation in which wastes are placed waste. for permanent disposal, and that is not Emission rate cutoff means the thresh- a land application unit, surface im- old annual emission rate to which a landfill compares its estimated emis- poundment, injection well, or waste sion rate to determine if control under pile as those terms are defined under the regulation is required. § 257.2 of this title. Enclosed combustor means an enclosed Lateral expansion means a horizontal firebox which maintains a relatively expansion of the waste boundaries of constant limited peak temperature an existing MSW landfill. A lateral ex- generally using a limited supply of pansion is not a modification unless it combustion air. An enclosed flare is results in an increase in the design ca- considered an enclosed combustor. pacity of the landfill. Flare means an open combustor with- Modification means an increase in the out enclosure or shroud. permitted volume design capacity of Gas mover equipment means the equip- the landfill by either horizontal or ment (i.e., fan, blower, compressor) vertical expansion based on its per- used to transport landfill gas through mitted design capacity as of May 30, the header system. 1991. Modification does not occur until

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the owner or operator commences con- or solid or dissolved materials in irri- struction on the horizontal or vertical gation return flows or industrial dis- expansion. charges that are point sources subject Municipal solid waste landfill or MSW to permits under 33 U.S.C. 1342, or landfill means an entire disposal facil- source, special nuclear, or by-product ity in a contiguous geographical space material as defined by the Atomic En- where household waste is placed in or ergy Act of 1954, as amended (42 U.S.C on land. An MSW landfill may also re- 2011 et seq.). ceive other types of RCRA Subtitle D Sufficient density means any number, wastes (§ 257.2 of this title) such as spacing, and combination of collection commercial solid waste, nonhazardous system components, including vertical sludge, conditionally exempt small wells, horizontal collectors, and sur- quantity generator waste, and indus- face collectors, necessary to maintain trial solid waste. Portions of an MSW emission and migration control as de- landfill may be separated by access termined by measures of performance roads. An MSW landfill may be pub- set forth in this part. licly or privately owned. An MSW land- Sufficient extraction rate means a rate fill may be a new MSW landfill, an ex- sufficient to maintain a negative pres- isting MSW landfill, or a lateral expan- sure at all wellheads in the collection sion. system without causing air infiltra- Municipal solid waste landfill emissions tion, including any wellheads con- or MSW landfill emissions means gas nected to the system as a result of ex- generated by the decomposition of or- pansion or excess surface emissions, for ganic waste deposited in an MSW land- the life of the blower. fill or derived from the evolution of or- [61 FR 9919, Mar. 12, 1996, as amended at 63 ganic compounds in the waste. FR 32750, June 16, 1998; 64 FR 9262, Feb. 24, NMOC means nonmethane organic 1999] compounds, as measured according to the provisions of § 60.754. § 60.752 Standards for air emissions Nondegradable waste means any waste from municipal solid waste land- that does not decompose through fills. chemical breakdown or microbiological (a) Each owner or operator of an activity. Examples are, but are not MSW landfill having a design capacity limited to, concrete, municipal waste less than 2.5 million megagrams by combustor ash, and metals. mass or 2.5 million cubic meters by vol- Passive collection system means a gas ume shall submit an initial design ca- collection system that solely uses posi- pacity report to the Administrator as tive pressure within the landfill to provided in § 60.757(a). The landfill may move the gas rather than using gas calculate design capacity in either mover equipment. megagrams or cubic meters for com- Sludge means any solid, semisolid, or parison with the exemption values. liquid waste generated from a munic- Any density conversions shall be docu- ipal, commercial, or industrial waste- mented and submitted with the report. water treatment plant, water supply Submittal of the initial design capac- treatment plant, or air pollution con- ity report shall fulfill the requirements trol facility, exclusive of the treated of this subpart except as provided for effluent from a wastewater treatment in paragraphs (a)(1) and (a)(2) of this plant. section. Solid waste means any garbage, (1) The owner or operator shall sub- sludge from a wastewater treatment mit to the Administrator an amended plant, water supply treatment plant, or design capacity report, as provided for air pollution control facility and other in § 60.757(a)(3). discarded material, including solid, liq- (2) When an increase in the maximum uid, semisolid, or contained gaseous design capacity of a landfill exempted material resulting from industrial, from the provisions of §§ 60.752(b) commercial, mining, and agricultural through 60.759 of this subpart on the operations, and from community ac- basis of the design capacity exemption tivities, but does not include solid or in paragraph (a) of this section results dissolved material in domestic sewage, in a revised maximum design capacity

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equal to or greater than 2.5 million (B) The collection and control system megagrams and 2.5 million cubic me- design plan shall include any alter- ters, the owner or operator shall com- natives to the operational standards, ply with the provision of paragraph (b) test methods, procedures, compliance of this section. measures, monitoring, recordkeeping (b) Each owner or operator of an or reporting provisions of §§ 60.753 MSW landfill having a design capacity through 60.758 proposed by the owner or equal to or greater than 2.5 million operator. megagrams and 2.5 million cubic me- (C) The collection and control system ters, shall either comply with para- design plan shall either conform with graph (b)(2) of this section or calculate specifications for active collection sys- an NMOC emission rate for the landfill tems in § 60.759 or include a demonstra- using the procedures specified in tion to the Administrator’s satisfac- § 60.754. The NMOC emission rate shall tion of the sufficiency of the alter- be recalculated annually, except as native provisions to § 60.759. provided in § 60.757(b)(1)(ii) of this sub- (D) The Administrator shall review part. The owner or operator of an MSW the information submitted under para- landfill subject to this subpart with a graphs (b)(2)(i) (A),(B) and (C) of this design capacity greater than or equal section and either approve it, dis- to 2.5 million megagrams and 2.5 mil- approve it, or request that additional lion cubic meters is subject to part 70 information be submitted. Because of or 71 permitting requirements. the many site-specific factors involved (1) If the calculated NMOC emission with landfill gas system design, alter- rate is less than 50 megagrams per native systems may be necessary. A year, the owner or operator shall: wide variety of system designs are pos- (i) Submit an annual emission report sible, such as vertical wells, combina- to the Administrator, except as pro- tion horizontal and vertical collection vided for in § 60.757(b)(1)(ii); and systems, or horizontal trenches only, (ii) Recalculate the NMOC emission leachate collection components, and rate annually using the procedures passive systems. specified in § 60.754(a)(1) until such time (ii) Install a collection and control as the calculated NMOC emission rate system that captures the gas generated is equal to or greater than 50 within the landfill as required by para- megagrams per year, or the landfill is graphs (b)(2)(ii)(A) or (B) and (b)(2)(iii) closed. of this section within 30 months after (A) If the NMOC emission rate, upon the first annual report in which the recalculation required in paragraph emission rate equals or exceeds 50 (b)(1)(ii) of this section, is equal to or megagrams per year, unless Tier 2 or greater than 50 megagrams per year, Tier 3 sampling demonstrates that the the owner or operator shall install a emission rate is less than 50 collection and control system in com- megagrams per year, as specified in pliance with paragraph (b)(2) of this § 60.757(c)(1) or (2). section. (B) If the landfill is permanently (A) An active collection system shall: closed, a closure notification shall be (1) Be designed to handle the max- submitted to the Administrator as pro- imum expected gas flow rate from the vided for in § 60.757(d). entire area of the landfill that war- (2) If the calculated NMOC emission rants control over the intended use pe- rate is equal to or greater than 50 riod of the gas control or treatment megagrams per year, the owner or op- system equipment; erator shall: (2) Collect gas from each area, cell, (i) Submit a collection and control or group of cells in the landfill in system design plan prepared by a pro- which the initial solid waste has been fessional engineer to the Administrator placed for a period of: within 1 year: (i) 5 years or more if active; or (A) The collection and control sys- (ii) 2 years or more if closed or at tem as described in the plan shall meet final grade. the design requirements of paragraph (3) Collect gas at a sufficient extrac- (b)(2)(ii) of this section. tion rate;

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(4) Be designed to minimize off-site (b)(2)(v) (A), (B), and (C) of this section migration of subsurface gas. are met: (B) A passive collection system shall: (A) The landfill shall be a closed (1) Comply with the provisions speci- landfill as defined in § 60.751 of this sub- fied in paragraphs (b)(2)(ii)(A)(1), (2), part. A closure report shall be sub- and (2)(ii)(A)(4) of this section. mitted to the Administrator as pro- (2) Be installed with liners on the vided in § 60.757(d); bottom and all sides in all areas in (B) The collection and control system which gas is to be collected. The liners shall have been in operation a min- shall be installed as required under imum of 15 years; and § 258.40. (C) Following the procedures speci- (iii) Route all the collected gas to a fied in § 60.754(b) of this subpart, the control system that complies with the calculated NMOC gas produced by the requirements in either paragraph landfill shall be less than 50 (b)(2)(iii) (A), (B) or (C) of this section. megagrams per year on three successive test dates. The test dates shall be (A) An open flare designed and oper- no less than 90 days apart, and no more ated in accordance with § 60.18 except than 180 days apart. as noted in § 60.754(e); (c) For purposes of obtaining an oper- (B) A control system designed and ating permit under title V of the Act, operated to reduce NMOC by 98 weight- the owner or operator of a MSW land- percent, or, when an enclosed combus- fill subject to this subpart with a de- tion device is used for control, to ei- sign capacity less than 2.5 million ther reduce NMOC by 98 weight percent megagrams or 2.5 million cubic meters or reduce the outlet NMOC concentra- is not subject to the requirement to ob- tion to less than 20 parts per million by tain an operating permit for the land- volume, dry basis as hexane at 3 per- fill under part 70 or 71 of this chapter, cent oxygen. The reduction efficiency unless the landfill is otherwise subject or parts per million by volume shall be to either part 70 or 71. For purposes of established by an initial performance submitting a timely application for an test to be completed no later than 180 operating permit under part 70 or 71, days after the initial startup of the ap- the owner or operator of a MSW land- proved control system using the test fill subject to this subpart with a de- methods specified in § 60.754(d). sign capacity greater than or equal to (1) If a boiler or process heater is 2.5 million megagrams and 2.5 million used as the control device, the landfill cubic meters, and not otherwise sub- gas stream shall be introduced into the ject to either part 70 or 71, becomes flame zone. subject to the requirements of (2) The control device shall be oper- §§ 70.5(a)(1)(i) or 71.5(a)(1)(i) of this ated within the parameter ranges es- chapter, regardless of when the design tablished during the initial or most re- capacity report is actually submitted, cent performance test. The operating no later than: parameters to be monitored are speci- (1) June 10, 1996 for MSW landfills fied in § 60.756; that commenced construction, modi- (C) Route the collected gas to a fication, or reconstruction on or after treatment system that processes the May 30, 1991 but before March 12, 1996; collected gas for subsequent sale or (2) Ninety days after the date of com- use. All emissions from any atmos- menced construction, modification, or pheric vent from the gas treatment reconstruction for MSW landfills that system shall be subject to the require- commence construction, modification, ments of paragraph (b)(2)(iii) (A) or (B) or reconstruction on or after March 12, of this section. 1996. (iv) Operate the collection and con- (d) When a MSW landfill subject to trol device installed to comply with this subpart is closed, the owner or op- this subpart in accordance with the erator is no longer subject to the re- provisions of §§ 60.753, 60.755 and 60.756. quirement to maintain an operating (v) The collection and control system permit under part 70 or 71 of this chap- may be capped or removed provided ter for the landfill if the landfill is not that all the conditions of paragraphs otherwise subject to the requirements

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of either part 70 or 71 and if either of porting data that the elevated param- the following conditions are met: eter does not cause fires or signifi- (1) The landfill was never subject to cantly inhibit anaerobic decomposition the requirement for a control system by killing methanogens. under paragraph (b)(2) of this section; (1) The nitrogen level shall be deter- or mined using Method 3C, unless an al- (2) The owner or operator meets the ternative test method is established as conditions for control system removal allowed by § 60.752(b)(2)(i) of this sub- specified in paragraph (b)(2)(v) of this part. section. (2) Unless an alternative test method [61 FR 9919, Mar. 12, 1996, as amended at 63 is established as allowed by FR 32751, June 16, 1998; 65 FR 18908, Apr. 10, § 60.752(b)(2)(i) of this subpart, the oxy- 2000; 71 FR 55127, Sept. 21, 2006] gen shall be determined by an oxygen meter using Method 3A or 3C except § 60.753 Operational standards for col- that: lection and control systems. (i) The span shall be set so that the Each owner or operator of an MSW regulatory limit is between 20 and 50 landfill with a gas collection and con- percent of the span; trol system used to comply with the (ii) A data recorder is not required; provisions of § 60.752(b)(2)(ii) of this (iii) Only two calibration gases are subpart shall: required, a zero and span, and ambient (a) Operate the collection system air may be used as the span; such that gas is collected from each area, cell, or group of cells in the MSW (iv) A calibration error check is not landfill in which solid waste has been required; in place for: (v) The allowable sample bias, zero (1) 5 years or more if active; or drift, and calibration drift are ±10 per- (2) 2 years or more if closed or at cent. final grade; (d) Operate the collection system so (b) Operate the collection system that the methane concentration is less with negative pressure at each well- than 500 parts per million above back- head except under the following condi- ground at the surface of the landfill. To tions: determine if this level is exceeded, the (1) A fire or increased well tempera- owner or operator shall conduct sur- ture. The owner or operator shall face testing around the perimeter of record instances when positive pressure the collection area and along a pattern occurs in efforts to avoid a fire. These that traverses the landfill at 30 meter records shall be submitted with the an- intervals and where visual observations nual reports as provided in § 60.757(f)(1); indicate elevated concentrations of (2) Use of a geomembrane or syn- landfill gas, such as distressed vegeta- thetic cover. The owner or operator tion and cracks or seeps in the cover. shall develop acceptable pressure lim- The owner or operator may establish its in the design plan; an alternative traversing pattern that (3) A decommissioned well. A well ensures equivalent coverage. A surface may experience a static positive pres- monitoring design plan shall be devel- sure after shut down to accommodate oped that includes a topographical map for declining flows. All design changes with the monitoring route and the ra- shall be approved by the Adminis- tionale for any site-specific deviations trator; from the 30 meter intervals. Areas with (c) Operate each interior wellhead in steep slopes or other dangerous areas the collection system with a landfill may be excluded from the surface test- gas temperature less than 55 °C and ing. with either a nitrogen level less than 20 (e) Operate the system such that all percent or an oxygen level less than 5 collected gases are vented to a control percent. The owner or operator may es- system designed and operated in com- tablish a higher operating tempera- pliance with § 60.752(b)(2)(iii). In the ture, nitrogen, or oxygen value at a event the collection or control system particular well. A higher operating is inoperable, the gas mover system value demonstration shall show sup- shall be shut down and all valves in the

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collection and control system contrib- in paragraph (a)(1)(i) of this section or uting to venting of the gas to the at- the equation provided in paragraph mosphere shall be closed within 1 hour; (a)(1)(ii) of this section. Both equations and may be used if the actual year-to-year (f) Operate the control or treatment solid waste acceptance rate is known, system at all times when the collected as specified in paragraph (a)(1)(i), for gas is routed to the system. part of the life of the landfill and the (g) If monitoring demonstrates that actual year-to-year solid waste accept- the operational requirements in para- ance rate is unknown, as specified in graphs (b), (c), or (d) of this section are paragraph (a)(1)(ii), for part of the life not met, corrective action shall be taken as specified in § 60.755(a)(3) of the landfill. The values to be used in through (5) or § 60.755(c) of this subpart. both equations are 0.05 per year for k, If corrective actions are taken as speci- 170 cubic meters per megagram for LO, fied in § 60.755, the monitored exceed- and 4,000 parts per million by volume ance is not a violation of the oper- as hexane for the CNMOC. For landfills ational requirements in this section. located in geographical areas with a thirty year annual average precipita- [61 FR 9919, Mar. 12, 1996, as amended at 63 FR 32751, June 16, 1998; 65 FR 61778, Oct. 17, tion of less than 25 inches, as measured 2000] at the nearest representative official meteorologic site, the k value to be § 60.754 Test methods and procedures. used is 0.02 per year. (a)(1) The landfill owner or operator (i) The following equation shall be shall calculate the NMOC emission used if the actual year-to-year solid rate using either the equation provided waste acceptance rate is known.

n = −kt × − 9 MMeiCNMOC∑ 23610 k L o i ()()NMOC (). i=1

where, MNMOC = mass emission rate of NMOC, megagrams per year MNMOC = Total NMOC emission rate from the landfill, megagrams per year Lo = methane generation potential, cubic k = methane generation rate constant, meters per megagram solid waste year¥1 R = average annual acceptance rate, megagrams per year Lo = methane generation potential, cubic meters per megagram solid waste k = methane generation rate constant, ¥ th year 1 Mi = mass of solid waste in the i section, megagrams t = age of landfill, years th C = concentration of NMOC, parts per ti = age of the i section, years NMOC million by volume as hexane CNMOC = concentration of NMOC, parts per million by volume as hexane c = time since closure, years; for active land- ¥kc 3.6 × 10¥9 = conversion factor fill c = O and e 1 3.6 × 10¥9 = conversion factor The mass of nondegradable solid waste may be subtracted from the total mass of The mass of nondegradable solid solid waste in a particular section of the waste may be subtracted from the total landfill when calculating the value for Mi if mass of solid waste in a particular sec- documentation of the nature and amount of tion of the landfill when calculating such wastes is maintained the value of R, if documentation of the (ii) The following equation shall be nature and amount of such wastes is used if the actual year-to-year solid maintained. waste acceptance rate is unknown. (2) Tier 1. The owner or operator shall ¥kc ¥kt compare the calculated NMOC mass MNMOC = 2Lo R (e ¥e ) CNMOC (3.6 × 10¥9) emission rate to the standard of 50 megagrams per year. Where:

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(i) If the NMOC emission rate cal- carbon monoxide, hydrogen sulfide, and culated in paragraph (a)(1) of this sec- mercury. As a minimum, the instru- tion is less than 50 megagrams per ment must be calibrated for each of the year, then the landfill owner shall sub- compounds on the list. Convert the mit an emission rate report as provided concentration of each Method 18 com- in § 60.757(b)(1), and shall recalculate pound to CNMOC as hexane by multi- the NMOC mass emission rate annually plying by the ratio of its carbon atoms as required under § 60.752(b)(1). divided by six. If more than the re- (ii) If the calculated NMOC emission quired number of samples are taken, rate is equal to or greater than 50 all samples must be used in the anal- megagrams per year, then the landfill ysis. The landfill owner or operator owner shall either comply with must divide the NMOC concentration § 60.752(b)(2), or determine a site-spe- from Method 25 or 25C of appendix A of cific NMOC concentration and recal- this part by six to convert from CNMOC culate the NMOC emission rate using as carbon to CNMOC as hexane. If the the procedures provided in paragraph landfill has an active or passive gas re- (a)(3) of this section. moval system in place, Method 25 or (3) Tier 2. The landfill owner or oper- 25C samples may be collected from ator shall determine the NMOC con- these systems instead of surface probes centration using the following sam- provided the removal system can be pling procedure. The landfill owner or shown to provide sampling as rep- operator shall install at least two sam- resentative as the two sampling probe ple probes per hectare of landfill sur- per hectare requirement. For active face that has retained waste for at collection systems, samples may be least 2 years. If the landfill is larger collected from the common header pipe than 25 hectares in area, only 50 sam- before the gas moving or condensate ples are required. The sample probes removal equipment. For these systems, should be located to avoid known areas a minimum of three samples must be of nondegradable solid waste. The collected from the header pipe. owner or operator shall collect and (i) The landfill owner or operator analyze one sample of landfill gas from shall recalculate the NMOC mass emis- each probe to determine the NMOC sion rate using the equations provided concentration using Method 25 or 25C in paragraph (a)(1)(i) or (a)(1)(ii) of this of appendix A of this part. Method 18 of section and using the average NMOC appendix A of this part may be used to concentration from the collected sam- analyze the samples collected by the ples instead of the default value in the Method 25 or 25C sampling procedure. equation provided in paragraph (a)(1) of Taking composite samples from dif- this section. ferent probes into a single cylinder is (ii) If the resulting mass emission allowed; however, equal sample vol- rate calculated using the site-specific umes must be taken from each probe. NMOC concentration is equal to or For each composite, the sampling rate, greater than 50 megagrams per year, collection times, beginning and ending then the landfill owner or operator cylinder vacuums, or alternative vol- shall either comply with § 60.752(b)(2), ume measurements must be recorded or determine the site-specific methane to verify that composite volumes are generation rate constant and recal- equal. Composite sample volumes culate the NMOC emission rate using should not be less than one liter unless the site-specific methane generation evidence can be provided to substan- rate using the procedure specified in tiate the accuracy of smaller volumes. paragraph (a)(4) of this section. Terminate compositing before the cyl- (iii) If the resulting NMOC mass inder approaches ambient pressure emission rate is less than 50 where measurement accuracy dimin- megagrams per year, the owner or op- ishes. If using Method 18, the owner or erator shall submit a periodic estimate operator must identify all compounds of the emission rate report as provided in the sample and, as a minimum, test in § 60.757(b)(1) and retest the site-spe- for those compounds published in the cific NMOC concentration every 5 years most recent Compilation of Air Pollut- using the methods specified in this sec- ant Emission Factors (AP–42), minus tion.

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(4) Tier 3. The site-specific methane MNMOC = mass emission rate of NMOC, generation rate constant shall be de- megagrams per year termined using the procedures provided QLFG = flow rate of landfill gas, cubic meters in Method 2E of appendix A of this per minute CNMOC = NMOC concentration, parts per mil- part. The landfill owner or operator lion by volume as hexane shall estimate the NMOC mass emission rate using equations in paragraph (1) The flow rate of landfill gas, QLFG, (a)(1)(i) or (a)(1)(ii) of this section and shall be determined by measuring the using a site-specific methane genera- total landfill gas flow rate at the com- tion rate constant k, and the site-spe- mon header pipe that leads to the con- cific NMOC concentration as deter- trol device using a gas flow measuring mined in paragraph (a)(3) of this sec- device calibrated according to the pro- tion instead of the default values provisions of section 4 of Method 2E of ap- vided in paragraph (a)(1) of this sec- pendix A of this part. tion. The landfill owner or operator (2) The average NMOC concentration, shall compare the resulting NMOC CNMOC, shall be determined by col- mass emission rate to the standard of lecting and analyzing landfill gas sam- 50 megagrams per year. pled from the common header pipe be- (i) If the NMOC mass emission rate as fore the gas moving or condensate recalculated using the site-specific meth- moval equipment using the procedures ane generation rate and concentration in Method 25C or Method 18 of appendix of NMOC is equal to or greater than 50 A of this part. If using Method 18 of ap- megagrams per year, the owner or op- pendix A of this part, the minimum list erator shall comply with § 60.752(b)(2). of compounds to be tested shall be (ii) If the NMOC mass emission rate those published in the most recent is less than 50 megagrams per year, Compilation of Air Pollutant Emission then the owner or operator shall sub- Factors (AP–42). The sample location mit a periodic emission rate report as on the common header pipe shall be be- provided in § 60.757(b)(1) and shall recal- fore any condensate removal or other culate the NMOC mass emission rate gas refining units. The landfill owner annually, as provided in § 60.757(b)(1) or operator shall divide the NMOC con- using the equations in paragraph (a)(1) centration from Method 25C of appen- of this section and using the site-spe- dix A of this part by six to convert cific methane generation rate constant from CNMOC as carbon to CNMOC as and NMOC concentration obtained in hexane. paragraph (a)(3) of this section. The (3) The owner or operator may use calculation of the methane generation another method to determine landfill rate constant is performed only once, gas flow rate and NMOC concentration and the value obtained from this test if the method has been approved by the shall be used in all subsequent annual Administrator. NMOC emission rate calculations. (c) When calculating emissions for (5) The owner or operator may use PSD purposes, the owner or operator of other methods to determine the NMOC each MSW landfill subject to the provi- concentration or a site-specific k as an sions of this subpart shall estimate the alternative to the methods required in NMOC emission rate for comparison to paragraphs (a)(3) and (a)(4) of this sec- the PSD major source and significance tion if the method has been approved levels in §§ 51.166 or 52.21 of this chapter by the Administrator. using AP–42 or other approved meas- (b) After the installation of a collec- urement procedures. tion and control system in compliance (d) For the performance test required with § 60.755, the owner or operator in § 60.752(b)(2)(iii)(B), Method 25, 25C, shall calculate the NMOC emission or Method 18 of appendix A of this part rate for purposes of determining when must be used to determine compliance the system can be removed as provided with the 98 weight-percent efficiency or in § 60.752(b)(2)(v), using the following the 20 ppmv outlet concentration level, equation: unless another method to demonstrate compliance has been approved by the M = 1.89 × 10¥3 Q C NMOC LFG NMOC Administrator as provided by where, § 60.752(b)(2)(i)(B). Method 3 or 3A shall

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be used to determine oxygen for cor- (AP–42) or other site specific values recting the NMOC concentration as demonstrated to be appropriate and ap- hexane to 3 percent. In cases where the proved by the Administrator. If k has outlet concentration is less than 50 been determined as specified in ppm NMOC as carbon (8 ppm NMOC as § 60.754(a)(4), the value of k determined hexane), Method 25A should be used in from the test shall be used. A value of place of Method 25. If using Method 18 no more than 15 years shall be used for of appendix A of this part, the min- the intended use period of the gas imum list of compounds to be tested mover equipment. The active life of the shall be those published in the most re- landfill is the age of the landfill plus cent Compilation of Air Pollutant the estimated number of years until Emission Factors (AP–42). The fol- closure. lowing equation shall be used to cal- (i) For sites with unknown year-to- culate efficiency: year solid waste acceptance rate: ¥kc ¥ ¥kt Control Efficiency = (NMOCin ¥ Qm = 2Lo R (e e ) NMOCout)/(NMOCin) where,

where, Qm = maximum expected gas generation flow rate, cubic meters per year NMOCin = mass of NMOC entering control device Lo = methane generation potential, cubic meters per megagram solid waste NMOCout = mass of NMOC exiting control device R = average annual acceptance rate, megagrams per year (e) For the performance test required k = methane generation rate constant, in § 60.752(b)(2)(iii)(A), the net heating year¥1 value of the combusted landfill gas as t = age of the landfill at equipment installa- determined in § 60.18(f)(3) is calculated tion plus the time the owner or operator from the concentration of methane in intends to use the gas mover equipment the landfill gas as measured by Method or active life of the landfill, whichever is 3C. A minimum of three 30-minute less. If the equipment is installed after Method 3C samples are determined. closure, t is the age of the landfill at installation, years The measurement of other organic c = time since closure, years (for an active components, hydrogen, and carbon landfill c = O and e¥kc = 1) monoxide is not applicable. Method 3C may be used to determine the landfill (ii) For sites with known year-to- gas molecular weight for calculating year solid waste acceptance rate: the flare gas exit velocity under n § 60.18(f)(4). = −kt QeiM ∑ 2 k Loi M () [61 FR 9919, Mar. 12, 1996, as amended at 63 i=1 FR 32751, June 16, 1998; 65 FR 18908, Apr. 10, where, 2000; 65 FR 61778, Oct. 17, 2000; 71 FR 55127, Sept. 21, 2006] QM = maximum expected gas generation flow rate, cubic meters per year § 60.755 Compliance provisions. k = methane generation rate constant, year¥1 (a) Except as provided in Lo = methane generation potential, cubic § 60.752(b)(2)(i)(B), the specified meth- meters per megagram solid waste th ods in paragraphs (a)(1) through (a)(6) Mi = mass of solid waste in the i section, of this section shall be used to deter- megagrams th mine whether the gas collection sys- ti = age of the i section, years tem is in compliance with (iii) If a collection and control sys- § 60.752(b)(2)(ii). tem has been installed, actual flow (1) For the purposes of calculating data may be used to project the max- the maximum expected gas generation imum expected gas generation flow flow rate from the landfill to deter- rate instead of, or in conjunction with, mine compliance with the equations in paragraphs (a)(1) (i) § 60.752(b)(2)(ii)(A)(1), one of the fol- and (ii) of this section. If the landfill is lowing equations shall be used. The k still accepting waste, the actual meas- and Lo kinetic factors should be those ured flow data will not equal the max- published in the most recent Compila- imum expected gas generation rate, so tion of Air Pollutant Emission Factors calculations using the equations in

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paragraphs (a)(1) (i) or (ii) or other of the initial exceedance. Any at- methods shall be used to predict the tempted corrective measure shall not maximum expected gas generation rate cause exceedances of other operational over the intended period of use of the or performance standards. An alter- gas control system equipment. native timeline for correcting the ex- (2) For the purposes of determining ceedance may be submitted to the Ad- sufficient density of gas collectors for ministrator for approval. compliance with § 60.752(b)(2)(ii)(A)(2), (6) An owner or operator seeking to the owner or operator shall design a demonstrate compliance with system of vertical wells, horizontal § 60.752(b)(2)(ii)(A)(4) through the use of collectors, or other collection devices, a collection system not conforming to satisfactory to the Administrator, ca- the specifications provided in § 60.759 pable of controlling and extracting gas shall provide information satisfactory from all portions of the landfill suffi- to the Administrator as specified in cient to meet all operational and per- § 60.752(b)(2)(i)(C) demonstrating that formance standards. off-site migration is being controlled. (3) For the purpose of demonstrating (b) For purposes of compliance with whether the gas collection system flow § 60.753(a), each owner or operator of a rate is sufficient to determine compli- controlled landfill shall place each well ance with § 60.752(b)(2)(ii)(A)(3), the or design component as specified in the owner or operator shall measure gauge approved design plan as provided in pressure in the gas collection header at § 60.752(b)(2)(i). Each well shall be in- each individual well, monthly. If a stalled no later than 60 days after the positive pressure exists, action shall be date on which the initial solid waste initiated to correct the exceedance has been in place for a period of: within 5 calendar days, except for the (1) 5 years or more if active; or three conditions allowed under (2) 2 years or more if closed or at § 60.753(b). If negative pressure cannot final grade. be achieved without excess air infiltra- (c) The following procedures shall be tion within 15 calendar days of the first used for compliance with the surface measurement, the gas collection sys- methane operational standard as pro- tem shall be expanded to correct the vided in § 60.753(d). exceedance within 120 days of the ini- (1) After installation of the collec- tial measurement of positive pressure. tion system, the owner or operator Any attempted corrective measure shall monitor surface concentrations of shall not cause exceedances of other methane along the entire perimeter of operational or performance standards. the collection area and along a pattern An alternative timeline for correcting that traverses the landfill at 30 meter the exceedance may be submitted to intervals (or a site-specific established the Administrator for approval. spacing) for each collection area on a (4) Owners or operators are not re- quarterly basis using an organic vapor quired to expand the system as re- analyzer, flame ionization detector, or quired in paragraph (a)(3) of this sec- other portable monitor meeting the tion during the first 180 days after gas specifications provided in paragraph (d) collection system startup. of this section. (5) For the purpose of identifying (2) The background concentration whether excess air infiltration into the shall be determined by moving the landfill is occurring, the owner or oper- probe inlet upwind and downwind out- ator shall monitor each well monthly side the boundary of the landfill at a for temperature and nitrogen or oxy- distance of at least 30 meters from the gen as provided in § 60.753(c). If a well perimeter wells. exceeds one of these operating param- (3) Surface emission monitoring shall eters, action shall be initiated to cor- be performed in accordance with sec- rect the exceedance within 5 calendar tion 4.3.1 of Method 21 of appendix A of days. If correction of the exceedance this part, except that the probe inlet cannot be achieved within 15 calendar shall be placed within 5 to 10 centi- days of the first measurement, the gas meters of the ground. Monitoring shall collection system shall be expanded to be performed during typical meteoro- correct the exceedance within 120 days logical conditions.

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(4) Any reading of 500 parts per mil- may be submitted to the Administrator lion or more above background at any for approval. location shall be recorded as a mon- (5) The owner or operator shall im- itored exceedance and the actions spec- plement a program to monitor for ified in paragraphs (c)(4) (i) through (v) cover integrity and implement cover of this section shall be taken. As long repairs as necessary on a monthly as the specified actions are taken, the basis. exceedance is not a violation of the (d) Each owner or operator seeking to operational requirements of § 60.753(d). comply with the provisions in para- (i) The location of each monitored graph (c) of this section shall comply exceedance shall be marked and the lo- with the following instrumentation cation recorded. specifications and procedures for sur- (ii) Cover maintenance or adjust- face emission monitoring devices: ments to the vacuum of the adjacent (1) The portable analyzer shall meet wells to increase the gas collection in the instrument specifications provided the vicinity of each exceedance shall be in section 3 of Method 21 of appendix A made and the location shall be re-mon- of this part, except that ‘‘methane’’ itored within 10 calendar days of de- shall replace all references to VOC. tecting the exceedance. (2) The calibration gas shall be meth- (iii) If the re-monitoring of the loca- ane, diluted to a nominal concentration shows a second exceedance, addition of 500 parts per million in air. tional corrective action shall be taken (3) To meet the performance evalua- and the location shall be monitored tion requirements in section 3.1.3 of again within 10 days of the second ex- Method 21 of appendix A of this part, ceedance. If the re-monitoring shows a the instrument evaluation procedures third exceedance for the same location, of section 4.4 of Method 21 of appendix the action specified in paragraph A of this part shall be used. (c)(4)(v) of this section shall be taken, (4) The calibration procedures pro- and no further monitoring of that loca- vided in section 4.2 of Method 21 of ap- tion is required until the action speci- pendix A of this part shall be followed fied in paragraph (c)(4)(v) has been immediately before commencing a sur- taken. face monitoring survey. (iv) Any location that initially (e) The provisions of this subpart showed an exceedance but has a meth- apply at all times, except during peri- ane concentration less than 500 ppm ods of start-up, shutdown, or malfunc- methane above background at the 10- tion, provided that the duration of day re-monitoring specified in para- start-up, shutdown, or malfunction graph (c)(4) (ii) or (iii) of this section shall not exceed 5 days for collection shall be re-monitored 1 month from the systems and shall not exceed 1 hour for initial exceedance. If the 1-month re- treatment or control devices. monitoring shows a concentration less than 500 parts per million above back- [61 FR 9919, Mar. 12, 1996, as amended at 63 ground, no further monitoring of that FR 32752, June 16, 1998] location is required until the next quarterly monitoring period. If the 1- § 60.756 Monitoring of operations. month remonitoring shows an exceed- Except as provided in ance, the actions specified in paragraph § 60.752(b)(2)(i)(B), (c)(4) (iii) or (v) shall be taken. (a) Each owner or operator seeking to (v) For any location where monitored comply with § 60.752(b)(2)(ii)(A) for an methane concentration equals or ex- active gas collection system shall in- ceeds 500 parts per million above back- stall a sampling port and a thermom- ground three times within a quarterly eter, other temperature measuring de- period, a new well or other collection vice, or an access port for temperature device shall be installed within 120 cal- measurements at each wellhead and: endar days of the initial exceedance. (1) Measure the gauge pressure in the An alternative remedy to the exceed- gas collection header on a monthly ance, such as upgrading the blower, basis as provided in § 60.755(a)(3); and header pipes or control device, and a (2) Monitor nitrogen or oxygen con- corresponding timeline for installation centration in the landfill gas on a

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monthly basis as provided in mechanism shall be performed at least § 60.755(a)(5); and once every month to ensure that the (3) Monitor temperature of the land- valve is maintained in the closed posi- fill gas on a monthly basis as provided tion and that the gas flow is not di- in § 60.755(a)(5). verted through the bypass line. (b) Each owner or operator seeking to (d) Each owner or operator seeking to comply with § 60.752(b)(2)(iii) using an demonstrate compliance with enclosed combustor shall calibrate, § 60.752(b)(2)(iii) using a device other maintain, and operate according to the than an open flare or an enclosed com- manufacturer’s specifications, the fol- bustor shall provide information satis- lowing equipment. factory to the Administrator as pro- (1) A temperature monitoring device vided in § 60.752(b)(2)(i)(B) describing equipped with a continuous recorder the operation of the control device, the and having a minimum accuracy of ±1 operating parameters that would indi- percent of the temperature being meas- cate proper performance, and appro- ured expressed in degrees Celsius or priate monitoring procedures. The Ad- ±0.5 degrees Celsius, whichever is great- ministrator shall review the informa- er. A temperature monitoring device is tion and either approve it, or request not required for boilers or process heat- that additional information be sub- ers with design heat input capacity mitted. The Administrator may specify equal to or greater than 44 megawatts. additional appropriate monitoring pro- (2) A device that records flow to or cedures. bypass of the control device. The owner (e) Each owner or operator seeking to or operator shall either: install a collection system that does (i) Install, calibrate, and maintain a not meet the specifications in § 60.759 gas flow rate measuring device that or seeking to monitor alternative pa- shall record the flow to the control de- rameters to those required by §§ 60.753 vice at least every 15 minutes; or through 60.756 shall provide informa- (ii) Secure the bypass line valve in tion satisfactory to the Administrator the closed position with a car-seal or a as provided in § 60.752(b)(2)(i) (B) and lock-and-key type configuration. A vis- (C) describing the design and operation ual inspection of the seal or closure of the collection system, the operating mechanism shall be performed at least parameters that would indicate proper once every month to ensure that the performance, and appropriate moni- valve is maintained in the closed posi- toring procedures. The Administrator tion and that the gas flow is not di- may specify additional appropriate verted through the bypass line. monitoring procedures. (c) Each owner or operator seeking to (f) Each owner or operator seeking to comply with § 60.752(b)(2)(iii) using an demonstrate compliance with open flare shall install, calibrate, § 60.755(c), shall monitor surface con- maintain, and operate according to the centrations of methane according to manufacturer’s specifications the fol- the instrument specifications and pro- lowing equipment: cedures provided in § 60.755(d). Any (1) A heat sensing device, such as an closed landfill that has no monitored ultraviolet beam sensor or thermo- exceedances of the operational stand- couple, at the pilot light or the flame ard in three consecutive quarterly itself to indicate the continuous pres- monitoring periods may skip to annual ence of a flame. monitoring. Any methane reading of (2) A device that records flow to or 500 ppm or more above background de- bypass of the flare. The owner or oper- tected during the annual monitoring ator shall either: returns the frequency for that landfill (i) Install, calibrate, and maintain a to quarterly monitoring. gas flow rate measuring device that [61 FR 9919, Mar. 12, 1996, as amended at 63 shall record the flow to the control de- FR 32752, June 16, 1998; 65 FR 18909, Apr. 10, vice at least every 15 minutes; or 2000] (ii) Secure the bypass line valve in the closed position with a car-seal or a § 60.757 Reporting requirements. lock-and-key type configuration. A vis- Except as provided in ual inspection of the seal or closure § 60.752(b)(2)(i)(B),

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(a) Each owner or operator subject to mitted volume of the landfill or an in- the requirements of this subpart shall crease in the density as documented in submit an initial design capacity re- the annual recalculation required in port to the Administrator. § 60.758(f). (1) The initial design capacity report (b) Each owner or operator subject to shall fulfill the requirements of the no- the requirements of this subpart shall tification of the date construction is submit an NMOC emission rate report commenced as required by § 60.7(a)(1) to the Administrator initially and an- and shall be submitted no later than: nually thereafter, except as provided (i) June 10, 1996, for landfills that for in paragraphs (b)(1)(ii) or (b)(3) of commenced construction, modifica- this section. The Administrator may tion, or reconstruction on or after May request such additional information as 30, 1991 but before March 12, 1996 or may be necessary to verify the re- (ii) Ninety days after the date of ported NMOC emission rate. commenced construction, modifica- (1) The NMOC emission rate report tion, or reconstruction for landfills shall contain an annual or 5-year esti- that commence construction, modifica- mate of the NMOC emission rate cal- tion, or reconstruction on or after culated using the formula and proce- March 12, 1996. dures provided in § 60.754(a) or (b), as (2) The initial design capacity report applicable. shall contain the following informa- (i) The initial NMOC emission rate tion: report may be combined with the ini- (i) A map or plot of the landfill, pro- tial design capacity report required in viding the size and location of the land- paragraph (a) of this section and shall fill, and identifying all areas where be submitted no later than indicated in solid waste may be landfilled according paragraphs (b)(1)(i)(A) and (B) of this to the permit issued by the State, section. Subsequent NMOC emission local, or tribal agency responsible for rate reports shall be submitted annu- regulating the landfill. ally thereafter, except as provided for (ii) The maximum design capacity of the landfill. Where the maximum de- in paragraphs (b)(1)(ii) and (b)(3) of this sign capacity is specified in the permit section. issued by the State, local, or tribal (A) June 10, 1996, for landfills that agency responsible for regulating the commenced construction, modifica- landfill, a copy of the permit specifying tion, or reconstruction on or after May the maximum design capacity may be 30, 1991, but before March 12, 1996, or submitted as part of the report. If the (B) Ninety days after the date of maximum design capacity of the land- commenced construction, modifica- fill is not specified in the permit, the tion, or reconstruction for landfills maximum design capacity shall be cal- that commence construction, modifica- culated using good engineering prac- tion, or reconstruction on or after tices. The calculations shall be pro- March 12, 1996. vided, along with the relevant param- (ii) If the estimated NMOC emission eters as part of the report. The State, rate as reported in the annual report to Tribal, local agency or Administrator the Administrator is less than 50 may request other reasonable informa- megagrams per year in each of the next tion as may be necessary to verify the 5 consecutive years, the owner or oper- maximum design capacity of the land- ator may elect to submit an estimate fill. of the NMOC emission rate for the next (3) An amended design capacity re- 5-year period in lieu of the annual report shall be submitted to the Adminis- port. This estimate shall include the trator providing notification of an in- current amount of solid waste-in-place crease in the design capacity of the and the estimated waste acceptance landfill, within 90 days of an increase rate for each year of the 5 years for in the maximum design capacity of the which an NMOC emission rate is esti- landfill to or above 2.5 million mated. All data and calculations upon megagrams and 2.5 million cubic me- which this estimate is based shall be ters. This increase in design capacity provided to the Administrator. This es- may result from an increase in the per- timate shall be revised at least once

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every 5 years. If the actual waste ac- porting shall be resumed. The resulting ceptance rate exceeds the estimated site-specific methane generation rate waste acceptance rate in any year re- constant (k) shall be used in the emis- ported in the 5-year estimate, a revised sion rate calculation until such time as 5-year estimate shall be submitted to the emissions rate calculation results the Administrator. The revised esti- in an exceedance. The revised NMOC mate shall cover the 5-year period be- emission rate report based on the pro- ginning with the year in which the ac- visions of § 60.754(a)(4) and the resulting tual waste acceptance rate exceeded site-specific methane generation rate the estimated waste acceptance rate. constant (k) shall be submitted to the (2) The NMOC emission rate report Administrator within 1 year of the first shall include all the data, calculations, calculated emission rate exceeding 50 sample reports and measurements used megagrams per year. to estimate the annual or 5-year emis- (d) Each owner or operator of a con- sions. trolled landfill shall submit a closure (3) Each owner or operator subject to report to the Administrator within 30 the requirements of this subpart is ex- days of waste acceptance cessation. empted from the requirements of para- The Administrator may request addi- graphs (b)(1) and (2) of this section, tional information as may be necessary after the installation of a collection to verify that permanent closure has and control system in compliance with taken place in accordance with the re- § 60.752(b)(2), during such time as the quirements of 40 CFR 258.60. If a clo- collection and control system is in op- sure report has been submitted to the eration and in compliance with §§ 60.753 Administrator, no additional wastes and 60.755. may be placed into the landfill without (c) Each owner or operator subject to filing a notification of modification as the provisions of § 60.752(b)(2)(i) shall described under § 60.7(a)(4). submit a collection and control system (e) Each owner or operator of a con- design plan to the Administrator with- trolled landfill shall submit an equip- in 1 year of the first report required ment removal report to the Adminis- under paragraph (b) of this section in trator 30 days prior to removal or ces- which the emission rate equals or ex- sation of operation of the control ceeds 50 megagrams per year, except as equipment. follows: (1) The equipment removal report (1) If the owner or operator elects to shall contain all of the following items: recalculate the NMOC emission rate (i) A copy of the closure report sub- after Tier 2 NMOC sampling and anal- mitted in accordance with paragraph ysis as provided in § 60.754(a)(3) and the (d) of this section; resulting rate is less than 50 (ii) A copy of the initial performance megagrams per year, annual periodic test report demonstrating that the 15 reporting shall be resumed, using the year minimum control period has ex- Tier 2 determined site-specific NMOC pired; and concentration, until the calculated (iii) Dated copies of three successive emission rate is equal to or greater NMOC emission rate reports dem- than 50 megagrams per year or the onstrating that the landfill is no longer landfill is closed. The revised NMOC producing 50 megagrams or greater of emission rate report, with the recal- NMOC per year. culated emission rate based on NMOC (2) The Administrator may request sampling and analysis, shall be sub- such additional information as may be mitted within 180 days of the first cal- necessary to verify that all of the con- culated exceedance of 50 megagrams ditions for removal in § 60.752(b)(2)(v) per year. have been met. (2) If the owner or operator elects to (f) Each owner or operator of a land- recalculate the NMOC emission rate fill seeking to comply with § 60.752(b)(2) after determining a site-specific meth- using an active collection system de- ane generation rate constant (k), as signed in accordance with provided in Tier 3 in § 60.754(a)(4), and § 60.752(b)(2)(ii) shall submit to the Ad- the resulting NMOC emission rate is ministrator annual reports of the re- less than 50 Mg/yr, annual periodic recorded information in (f)(1) through

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(f)(6) of this paragraph. The initial an- the presence of asbestos or nondegrad- nual report shall be submitted within able material; 180 days of installation and start-up of (4) The sum of the gas generation the collection and control system, and flow rates for all areas from which col- shall include the initial performance lection wells have been excluded based test report required under § 60.8. For on nonproductivity and the calcula- enclosed combustion devices and flares, tions of gas generation flow rate for reportable exceedances are defined each excluded area; and under § 60.758(c). (5) The provisions for increasing gas (1) Value and length of time for ex- mover equipment capacity with in- ceedance of applicable parameters creased gas generation flow rate, if the monitored under § 60.756(a), (b), (c), and present gas mover equipment is inad- (d). equate to move the maximum flow rate (2) Description and duration of all pe- expected over the life of the landfill; riods when the gas stream is diverted and from the control device through a by- (6) The provisions for the control of pass line or the indication of bypass off-site migration. flow as specified under § 60.756. [61 FR 9919, Mar. 12, 1996, as amended at 63 (3) Description and duration of all pe- FR 32752, June 16, 1998; 65 FR 18909, Apr. 10, riods when the control device was not 2000] operating for a period exceeding 1 hour and length of time the control device § 60.758 Recordkeeping requirements. was not operating. (a) Except as provided in (4) All periods when the collection § 60.752(b)(2)(i)(B), each owner or oper- system was not operating in excess of 5 ator of an MSW landfill subject to the days. provisions of § 60.752(b) shall keep for at (5) The location of each exceedance of least 5 years up-to-date, readily acces- the 500 parts per million methane con- sible, on-site records of the design ca- centration as provided in § 60.753(d) and pacity report which triggered the concentration recorded at each lo- § 60.752(b), the current amount of solid cation for which an exceedance was re- waste in-place, and the year-by-year corded in the previous month. waste acceptance rate. Off-site records (6) The date of installation and the may be maintained if they are retriev- location of each well or collection sys- able within 4 hours. Either paper copy tem expansion added pursuant to para- or electronic formats are acceptable. graphs (a)(3), (b), and (c)(4) of § 60.755. (b) Except as provided in (g) Each owner or operator seeking to § 60.752(b)(2)(i)(B), each owner or oper- comply with § 60.752(b)(2)(iii) shall in- ator of a controlled landfill shall keep clude the following information with up-to-date, readily accessible records the initial performance test report re- for the life of the control equipment of quired under § 60.8: the data listed in paragraphs (b)(1) (1) A diagram of the collection sys- through (b)(4) of this section as meas- tem showing collection system posi- ured during the initial performance tioning including all wells, horizontal test or compliance determination. collectors, surface collectors, or other Records of subsequent tests or moni- gas extraction devices, including the toring shall be maintained for a min- locations of any areas excluded from imum of 5 years. Records of the control collection and the proposed sites for device vendor specifications shall be the future collection system expansion; maintained until removal. (2) The data upon which the suffi- (1) Where an owner or operator sub- cient density of wells, horizontal col- ject to the provisions of this subpart lectors, surface collectors, or other gas seeks to demonstrate compliance with extraction devices and the gas mover § 60.752(b)(2)(ii): equipment sizing are based; (i) The maximum expected gas gen- (3) The documentation of the pres- eration flow rate as calculated in ence of asbestos or nondegradable ma- § 60.755(a)(1). The owner or operator terial for each area from which collec- may use another method to determine tion wells have been excluded based on the maximum gas generation flow rate,

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if the method has been approved by the which the parameter boundaries estab- Administrator. lished during the most recent perform- (ii) The density of wells, horizontal ance test are exceeded. collectors, surface collectors, or other (1) The following constitute gas extraction devices determined exceedances that shall be recorded and using the procedures specified in reported under § 60.757(f): § 60.759(a)(1). (i) For enclosed combustors except (2) Where an owner or operator sub- for boilers and process heaters with de- ject to the provisions of this subpart sign heat input capacity of 44 seeks to demonstrate compliance with megawatts (150 million British thermal § 60.752(b)(2)(iii) through use of an en- unit per hour) or greater, all 3-hour pe- closed combustion device other than a riods of operation during which the av- boiler or process heater with a design erage combustion temperature was heat input capacity equal to or greater more than 28 oC below the average than 44 megawatts: combustion temperature during the (i) The average combustion tempera- most recent performance test at which ture measured at least every 15 min- compliance with § 60.752(b)(2)(iii) was utes and averaged over the same time determined. period of the performance test. (ii) For boilers or process heaters, (ii) The percent reduction of NMOC whenever there is a change in the loca- determined as specified in tion at which the vent stream is intro- § 60.752(b)(2)(iii)(B) achieved by the con- duced into the flame zone as required trol device. under paragraph (b)(3) of this section. (3) Where an owner or operator sub- (2) Each owner or operator subject to ject to the provisions of this subpart the provisions of this subpart shall seeks to demonstrate compliance with keep up-to-date, readily accessible con- § 60.752(b)(2)(iii)(B)(1) through use of a tinuous records of the indication of boiler or process heater of any size: a flow to the control device or the indi- description of the location at which the cation of bypass flow or records of collected gas vent stream is introduced monthly inspections of car-seals or into the boiler or process heater over lock-and-key configurations used to the same time period of the perform- seal bypass lines, specified under ance testing. § 60.756. (4) Where an owner or operator sub- (3) Each owner or operator subject to ject to the provisions of this subpart the provisions of this subpart who uses seeks to demonstrate compliance with a boiler or process heater with a design § 60.752(b)(2)(iii)(A) through use of an heat input capacity of 44 megawatts or open flare, the flare type (i.e., steam- greater to comply with § 60.752(b)(2)(iii) assisted, air-assisted, or nonassisted), shall keep an up-to-date, readily acces- all visible emission readings, heat con- sible record of all periods of operation tent determination, flow rate or bypass of the boiler or process heater. (Exam- flow rate measurements, and exit ve- ples of such records could include locity determinations made during the records of steam use, fuel use, or moni- performance test as specified in § 60.18; toring data collected pursuant to other continuous records of the flare pilot State, local, Tribal, or Federal regu- flame or flare flame monitoring and latory requirements.) records of all periods of operations dur- (4) Each owner or operator seeking to ing which the pilot flame of the flare comply with the provisions of this sub- flame is absent. part by use of an open flare shall keep (c) Except as provided in up-to-date, readily accessible contin- § 60.752(b)(2)(i)(B), each owner or oper- uous records of the flame or flare pilot ator of a controlled landfill subject to flame monitoring specified under the provisions of this subpart shall § 60.756(c), and up-to-date, readily ac- keep for 5 years up-to-date, readily accessible records of all periods of oper- cessible continuous records of the ation in which the flame or flare pilot equipment operating parameters speci- flame is absent. fied to be monitored in § 60.756 as well (d) Except as provided in as up-to-date, readily accessible § 60.752(b)(2)(i)(B), each owner or oper- records for periods of operation during ator subject to the provisions of this

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subpart shall keep for the life of the traction devices at a sufficient density collection system an up-to-date, read- throughout all gas producing areas ily accessible plot map showing each using the following procedures unless existing and planned collector in the alternative procedures have been ap- system and providing a unique identi- proved by the Administrator as pro- fication location label for each col- vided in § 60.752(b)(2)(i)(C) and (D): lector. (1) The collection devices within the (1) Each owner or operator subject to interior and along the perimeter areas the provisions of this subpart shall shall be certified to achieve com- keep up-to-date, readily accessible prehensive control of surface gas emis- records of the installation date and lo- sions by a professional engineer. The cation of all newly installed collectors following issues shall be addressed in as specified under § 60.755(b). the design: depths of refuse, refuse gas (2) Each owner or operator subject to generation rates and flow characteris- the provisions of this subpart shall tics, cover properties, gas system keep readily accessible documentation expandibility, leachate and condensate of the nature, date of deposition, management, accessibility, compat- amount, and location of asbestos-con- ibility with filling operations, integra- taining or nondegradable waste ex- tion with closure end use, air intrusion cluded from collection as provided in control, corrosion resistance, fill set- § 60.759(a)(3)(i) as well as any non- tlement, and resistance to the refuse productive areas excluded from collec- decomposition heat. tion as provided in § 60.759(a)(3)(ii). (2) The sufficient density of gas col- (e) Except as provided in lection devices determined in para- § 60.752(b)(2)(i)(B), each owner or oper- graph (a)(1) of this section shall ad- ator subject to the provisions of this dress landfill gas migration issues and subpart shall keep for at least 5 years augmentation of the collection system up-to-date, readily accessible records through the use of active or passive of all collection and control system systems at the landfill perimeter or ex- exceedances of the operational stand- terior. ards in § 60.753, the reading in the sub- (3) The placement of gas collection sequent month whether or not the sec- devices determined in paragraph (a)(1) ond reading is an exceedance, and the of this section shall control all gas pro- location of each exceedance. ducing areas, except as provided by (f) Landfill owners or operators who paragraphs (a)(3)(i) and (a)(3)(ii) of this convert design capacity from volume section. to mass or mass to volume to dem- (i) Any segregated area of asbestos or onstrate that landfill design capacity nondegradable material may be ex- is less than 2.5 million megagrams or cluded from collection if documented 2.5 million cubic meters, as provided in as provided under § 60.758(d). The docu- the definition of ‘‘design capacity’’, mentation shall provide the nature, shall keep readily accessible, on-site date of deposition, location and records of the annual recalculation of amount of asbestos or nondegradable site-specific density, design capacity, material deposited in the area, and and the supporting documentation. Off- shall be provided to the Administrator site records may be maintained if they upon request. are retrievable within 4 hours. Either (ii) Any nonproductive area of the paper copy or electronic formats are landfill may be excluded from control, acceptable. provided that the total of all excluded [61 FR 9919, Mar. 12, 1996, as amended at 63 areas can be shown to contribute less FR 32752, June 16, 1998; 65 FR 18909, Apr. 10, than 1 percent of the total amount of 2000] NMOC emissions from the landfill. The amount, location, and age of the mate- § 60.759 Specifications for active col- rial shall be documented and provided lection systems. to the Administrator upon request. A (a) Each owner or operator seeking to separate NMOC emissions estimate comply with § 60.752(b)(2)(i) shall site shall be made for each section proposed active collection wells, horizontal col- for exclusion, and the sum of all such lectors, surface collectors, or other ex- sections shall be compared to the

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NMOC emissions estimate for the en- vices such as wells and horizontal col- tire landfill. Emissions from each sec- lectors shall be perforated to allow gas tion shall be computed using the fol- entry without head loss sufficient to lowing equation: impair performance across the in- kt ¥9 tended extent of control. Perforations Qi = 2 k Lo Mi (e- i) (CNMOC) (3.6 × 10 ) shall be situated with regard to the where, need to prevent excessive air infiltra- th Qi = NMOC emission rate from the i section. tion, megagrams per year (2) Vertical wells shall be placed so as k = methane generation rate constant, year¥1 not to endanger underlying liners and Lo = methane generation potential, cubic shall address the occurrence of water meters per megagram solid waste within the landfill. Holes and trenches Mi = mass of the degradable solid waste in constructed for piped wells and hori- the ith section, megagram zontal collectors shall be of sufficient th ti = age of the solid waste in the i section, cross-section so as to allow for their years proper construction and completion in- CNMOC = concentration of nonmethane organic compounds, parts per million by cluding, for example, centering of pipes volume and placement of gravel backfill. Col- 3.6 × 10¥9 = conversion factor lection devices shall be designed so as not to allow indirect short circuiting of (iii) The values for k and CNMOC determined in field testing shall be used if air into the cover or refuse into the field testing has been performed in de- collection system or gas into the air. termining the NMOC emission rate or Any gravel used around pipe perfora- the radii of influence (this distance tions should be of a dimension so as from the well center to a point in the not to penetrate or block perforations. landfill where the pressure gradient ap- (3) Collection devices may be con- plied by the blower or compressor ap- nected to the collection header pipes proaches zero). If field testing has not below or above the landfill surface. The been performed, the default values for connector assembly shall include a k, LO and CNMOC provided in positive closing throttle valve, any § 60.754(a)(1) or the alternative values necessary seals and couplings, access from § 60.754(a)(5) shall be used. The couplings and at least one sampling mass of nondegradable solid waste con- port. The collection devices shall be tained within the given section may be constructed of PVC, HDPE, fiberglass, subtracted from the total mass of the stainless steel, or other nonporous ma- section when estimating emissions pro- terial of suitable thickness. vided the nature, location, age, and (c) Each owner or operator seeking to amount of the nondegradable material comply with § 60.752(b)(2)(i)(A) shall is documented as provided in paragraph convey the landfill gas to a control sys- (a)(3)(i) of this section. tem in compliance with § 60.752(b)(2)(iii) (b) Each owner or operator seeking to through the collection header pipe(s). comply with § 60.752(b)(2)(i)(A) shall The gas mover equipment shall be sized construct the gas collection devices to handle the maximum gas generation using the following equipment or pro- flow rate expected over the intended cedures: use period of the gas moving equipment (1) The landfill gas extraction compo- using the following procedures: nents shall be constructed of polyvinyl (1) For existing collection systems, chloride (PVC), high density poly- the flow data shall be used to project ethylene (HDPE) pipe, fiberglass, stain- the maximum flow rate. If no flow data less steel, or other nonporous corrosion exists, the procedures in paragraph resistant material of suitable dimen- (c)(2) of this section shall be used. sions to: convey projected amounts of gases; withstand installation, static, (2) For new collection systems, the and settlement forces; and withstand maximum flow rate shall be in accord- planned overburden or traffic loads. ance with § 60.755(a)(1). The collection system shall extend as [61 FR 9919, Mar. 12, 1996, as amended at 63 necessary to comply with emission and FR 32753, June 16, 1998; 64 FR 9262, Feb. 24, migration standards. Collection de- 1999; 65 FR 18909, Apr. 10, 2000]

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Subpart XXX—Standards of Per- gas does not migrate between open and formance for Municipal Solid closed areas. Waste Landfills That Com- Closed landfill means a landfill in menced Construction, Recon- which solid waste is no longer being placed, and in which no additional solid struction, or Modification After wastes will be placed without first fil- July 17, 2014 ing a notification of modification as prescribed under § 60.7(a)(4). Once a no- SOURCE: 81 FR 59368, Aug. 29, 2016, unless tification of modification has been otherwise noted. filed, and additional solid waste is placed in the landfill, the landfill is no § 60.760 Applicability, designation of longer closed. affected source, and delegation of Closure means that point in time authority. when a landfill becomes a closed land- (a) The provisions of this subpart fill. apply to each municipal solid waste Commercial solid waste means all landfill that commenced construction, types of solid waste generated by reconstruction, or modification after stores, offices, restaurants, ware- July 17, 2014. Physical or operational houses, and other nonmanufacturing changes made to an MSW landfill sole- activities, excluding residential and in- ly to comply with subparts Cc, Cf, or dustrial wastes. WWW of this part are not considered Controlled landfill means any landfill construction, reconstruction, or modi- at which collection and control sys- fication for the purposes of this sec- tems are required under this subpart as tion. a result of the nonmethane organic (b) The following authorities are re- compounds emission rate. The landfill tained by the Administrator and are is considered controlled at the time a not transferred to the state: collection and control system design § 60.764(a)(5). plan is submitted in compliance with (c) Activities required by or con- § 60.762(b)(2)(i). ducted pursuant to a Comprehensive Corrective action analysis means a de- Environmental Response, Compensa- scription of all reasonable interim and tion, and Liability Act (CERCLA), Re- long-term measures, if any, that are source Conservation and Recovery Act available, and an explanation of why (RCRA), or state remedial action are the selected corrective action(s) is/are not considered construction, recon- the best alternative(s), including, but struction, or modification for purposes not limited to, considerations of cost of this subpart. effectiveness, technical feasibility, safety, and secondary impacts. § 60.761 Definitions. Design capacity means the maximum As used in this subpart, all terms not amount of solid waste a landfill can ac- defined herein have the meaning given cept, as indicated in terms of volume them in the Act or in subpart A of this or mass in the most recent permit part. issued by the state, local, or tribal Active collection system means a gas agency responsible for regulating the collection system that uses gas mover landfill, plus any in-place waste not ac- equipment. counted for in the most recent permit. Active landfill means a landfill in If the owner or operator chooses to which solid waste is being placed or a convert the design capacity from vol- landfill that is planned to accept waste ume to mass or from mass to volume to in the future. demonstrate its design capacity is less Closed area means a separately lined than 2.5 million megagrams or 2.5 mil- area of an MSW landfill in which solid lion cubic meters, the calculation must waste is no longer being placed. If addi- include a site-specific density, which tional solid waste is placed in that area must be recalculated annually. of the landfill, that landfill area is no Disposal facility means all contiguous longer closed. The area must be sepa- land and structures, other appur- rately lined to ensure that the landfill tenances, and improvements on the

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land used for the disposal of solid paper industry; rubber and miscella- waste. neous plastic products; stone, glass, Emission rate cutoff means the thresh- clay, and concrete products; textile old annual emission rate to which a manufacturing; transportation equip- landfill compares its estimated emis- ment; and water treatment. This term sion rate to determine if control under does not include mining waste or oil the regulation is required. and gas waste. Enclosed combustor means an enclosed Interior well means any well or simi- firebox which maintains a relatively lar collection component located inside constant limited peak temperature the perimeter of the landfill waste. A generally using a limited supply of perimeter well located outside the combustion air. An enclosed flare is landfilled waste is not an interior well. considered an enclosed combustor. Flare means an open combustor with- Landfill means an area of land or an out enclosure or shroud. excavation in which wastes are placed Gas mover equipment means the equip- for permanent disposal, and that is not ment (i.e., fan, blower, compressor) a land application unit, surface im- used to transport landfill gas through poundment, injection well, or waste the header system. pile as those terms are defined under Gust means the highest instanta- § 257.2 of this title. neous wind speed that occurs over a 3- Lateral expansion means a horizontal second running average. expansion of the waste boundaries of Household waste means any solid an existing MSW landfill. A lateral ex- waste (including garbage, trash, and pansion is not a modification unless it sanitary waste in septic tanks) derived results in an increase in the design ca- from households (including, but not pacity of the landfill. limited to, single and multiple resi- Leachate recirculation means the prac- dences, hotels and motels, bunkhouses, tice of taking the leachate collected ranger stations, crew quarters, camp- from the landfill and reapplying it to grounds, picnic grounds, and day-use the landfill by any of one of a variety recreation areas). Household waste of methods, including pre-wetting of does not include fully segregated yard the waste, direct discharge into the waste. Segregated yard waste means working face, spraying, infiltration vegetative matter resulting exclusively from the cutting of grass, the pruning ponds, vertical injection wells, hori- and/or removal of bushes, shrubs, and zontal gravity distribution systems, trees, the weeding of gardens, and and pressure distribution systems. other landscaping maintenance activi- Modification means an increase in the ties. Household waste does not include permitted volume design capacity of construction, renovation, or demoli- the landfill by either lateral or vertical tion wastes, even if originating from a expansion based on its permitted de- household. sign capacity as of July 17, 2014. Modi- Industrial solid waste means solid fication does not occur until the owner waste generated by manufacturing or or operator commences construction industrial processes that is not a haz- on the lateral or vertical expansion. ardous waste regulated under Subtitle Municipal solid waste landfill or MSW C of the Resource Conservation and Re- landfill means an entire disposal facil- covery Act, parts 264 and 265 of this ity in a contiguous geographical space chapter. Such waste may include, but where household waste is placed in or is not limited to, waste resulting from on land. An MSW landfill may also re- the following manufacturing processes: ceive other types of RCRA Subtitle D Electric power generation; fertilizer/ wastes (§ 257.2 of this title) such as agricultural chemicals; food and re- commercial solid waste, nonhazardous lated products/by-products; inorganic sludge, conditionally exempt small chemicals; iron and steel manufacturing; leather and leather products; quantity generator waste, and indus- nonferrous metals manufacturing/ trial solid waste. Portions of an MSW foundries; organic chemicals; plastics landfill may be separated by access and resins manufacturing; pulp and

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roads. An MSW landfill may be pub- Treated landfill gas means landfill gas licly or privately owned. An MSW land- processed in a treatment system as de- fill may be a new MSW landfill, an ex- fined in this subpart. isting MSW landfill, or a lateral expan- Treatment system means a system that sion. filters, de-waters, and compresses land- Municipal solid waste landfill emissions fill gas for sale or beneficial use. or MSW landfill emissions means gas Untreated landfill gas means any land- generated by the decomposition of or- fill gas that is not treated landfill gas. ganic waste deposited in an MSW landfill or derived from the evolution of or- § 60.762 Standards for air emissions ganic compounds in the waste. from municipal solid waste land- NMOC means nonmethane organic fills. compounds, as measured according to (a) Each owner or operator of an the provisions of § 60.764. MSW landfill having a design capacity Nondegradable waste means any waste less than 2.5 million megagrams by that does not decompose through mass or 2.5 million cubic meters by vol- chemical breakdown or microbiological ume must submit an initial design ca- activity. Examples are, but are not pacity report to the Administrator as limited to, concrete, municipal waste provided in § 60.767(a). The landfill may combustor ash, and metals. calculate design capacity in either Passive collection system means a gas megagrams or cubic meters for com- collection system that solely uses posi- parison with the exemption values. tive pressure within the landfill to Any density conversions must be docu- move the gas rather than using gas mented and submitted with the report. mover equipment. Submittal of the initial design capac- Root cause analysis means an assess- ity report fulfills the requirements of ment conducted through a process of this subpart except as provided for in investigation to determine the primary paragraphs (a)(1) and (2) of this section. cause, and any other contributing (1) The owner or operator must sub- causes, of positive pressure at a well- mit to the Administrator an amended head. design capacity report, as provided for Segregated yard waste means vegeta- in § 60.767(a)(3). tive matter resulting exclusively from (2) When an increase in the maximum the cutting of grass, the pruning and/or design capacity of a landfill exempted removal of bushes, shrubs, and trees, from the provisions of §§ 60.762(b) the weeding of gardens, and other land- through 60.769 on the basis of the de- scaping maintenance activities. sign capacity exemption in paragraph Sludge means the term sludge as de- (a) of this section results in a revised fined in 40 CFR 258.2. maximum design capacity equal to or Solid waste means the term solid greater than 2.5 million megagrams waste as defined in 40 CFR 258.2. and 2.5 million cubic meters, the owner Sufficient density means any number, or operator must comply with the pro- spacing, and combination of collection visions of paragraph (b) of this section. system components, including vertical (b) Each owner or operator of an wells, horizontal collectors, and sur- MSW landfill having a design capacity face collectors, necessary to maintain equal to or greater than 2.5 million emission and migration control as de- megagrams and 2.5 million cubic me- termined by measures of performance ters, must either comply with para- set forth in this part. graph (b)(2) of this section or calculate Sufficient extraction rate means a rate an NMOC emission rate for the landfill sufficient to maintain a negative pres- using the procedures specified in sure at all wellheads in the collection § 60.764. The NMOC emission rate must system without causing air infiltra- be recalculated annually, except as tion, including any wellheads con- provided in § 60.767(b)(1)(ii). The owner nected to the system as a result of ex- or operator of an MSW landfill subject pansion or excess surface emissions, for to this subpart with a design capacity the life of the blower. greater than or equal to 2.5 million

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megagrams and 2.5 million cubic me- ceeds 34 megagrams per year, unless ters is subject to part 70 or 71 permit- Tier 2 or Tier 3 sampling demonstrates ting requirements. that the NMOC emission rate is less (1) If the calculated NMOC emission than 34 megagrams per year, as speci- rate is less than 34 megagrams per fied in § 60.767(c)(4); or year, the owner or operator must: (B) The most recent NMOC emission (i) Submit an annual NMOC emission rate report in which the NMOC emis- rate emission report to the Adminis- sion rate equals or exceeds 34 trator, except as provided for in megagrams per year based on Tier 2, if § 60.767(b)(1)(ii); and the Tier 4 surface emissions moni- (ii) Recalculate the NMOC emission toring shows a surface methane emis- rate annually using the procedures sion concentration of 500 parts per mil- specified in § 60.764(a)(1) until such time lion methane or greater as specified in as the calculated NMOC emission rate § 60.767(c)(4)(iii). is equal to or greater than 34 (C) An active collection system must: megagrams per year, or the landfill is (1) Be designed to handle the max- closed. imum expected gas flow rate from the (A) If the calculated NMOC emission entire area of the landfill that war- rate, upon initial calculation or annual rants control over the intended use pe- recalculation required in paragraph (b) riod of the gas control system equip- of this section, is equal to or greater ment; than 34 megagrams per year, the owner (2) Collect gas from each area, cell, or operator must either: Comply with or group of cells in the landfill in paragraph (b)(2) of this section; cal- which the initial solid waste has been culate NMOC emissions using the next placed for a period of 5 years or more if higher tier in § 60.764; or conduct a sur- active; or 2 years or more if closed or face emission monitoring demonstra- at final grade. tion using the procedures specified in (3) Collect gas at a sufficient extrac- § 60.764(a)(6). tion rate; (B) If the landfill is permanently (4) Be designed to minimize off-site closed, a closure report must be sub- migration of subsurface gas. mitted to the Administrator as pro- (D) A passive collection system must: vided for in § 60.767(e). (1) Comply with the provisions speci- (2) If the calculated NMOC emission fied in paragraphs (b)(2)(ii)(C)(1), (2), rate is equal to or greater than 34 and (3) of this section. megagrams per year using Tier 1, 2, or (2) Be installed with liners on the 3 procedures, the owner or operator bottom and all sides in all areas in must either: which gas is to be collected. The liners (i) Calculated NMOC Emission Rate. must be installed as required under 40 Submit a collection and control system CFR 258.40. design plan prepared by a professional (iii) Control system. Route all the col- engineer to the Administrator within 1 lected gas to a control system that year as specified in § 60.767(c); calculate complies with the requirements in ei- NMOC emissions using the next higher ther paragraph (b)(2)(iii)(A), (B), or (C) tier in § 60.764; or conduct a surface of this section. emission monitoring demonstration (A) A non-enclosed flare designed and using the procedures specified in operated in accordance with the pa- § 60.764(a)(6). The collection and control rameters established in § 60.18 except as system must meet the requirements in noted in § 60.764(e); or paragraphs (b)(2)(ii) and (iii) of this (B) A control system designed and section. operated to reduce NMOC by 98 weight- (ii) Collection system. Install and start percent, or, when an enclosed combus- up a collection and control system that tion device is used for control, to ei- captures the gas generated within the ther reduce NMOC by 98 weight percent landfill as required by paragraphs or reduce the outlet NMOC concentra- (b)(2)(ii)(C) or (D) and (b)(2)(iii) of this tion to less than 20 parts per million by section within 30 months after: volume, dry basis as hexane at 3 per- (A) The first annual report in which cent oxygen. The reduction efficiency the NMOC emission rate equals or ex- or parts per million by volume must be

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established by an initial performance (v) Removal criteria. The collection test to be completed no later than 180 and control system may be capped, re- days after the initial startup of the ap- moved, or decommissioned if the fol- proved control system using the test lowing criteria are met: methods specified in § 60.764(d). The (A) The landfill is a closed landfill (as performance test is not required for defined in § 60.761). A closure report boilers and process heaters with design must be submitted to the Adminis- heat input capacities equal to or great- trator as provided in § 60.767(e). er than 44 megawatts that burn landfill (B) The collection and control system gas for compliance with this subpart. has been in operation a minimum of 15 (1) If a boiler or process heater is years or the landfill owner or operator used as the control device, the landfill demonstrates that the GCCS will be gas stream must be introduced into the unable to operate for 15 years due to flame zone. declining gas flow. (2) The control device must be oper- (C) Following the procedures speci- ated within the parameter ranges es- fied in § 60.764(b), the calculated NMOC tablished during the initial or most re- emission rate at the landfill is less cent performance test. The operating than 34 megagrams per year on three parameters to be monitored are speci- successive test dates. The test dates fied in § 60.766; must be no less than 90 days apart, and (C) Route the collected gas to a no more than 180 days apart. treatment system that processes the (c) For purposes of obtaining an oper- collected gas for subsequent sale or ating permit under title V of the Clean beneficial use such as fuel for combus- Air Act, the owner or operator of an tion, production of vehicle fuel, pro- MSW landfill subject to this subpart duction of high-Btu gas for pipeline in- with a design capacity less than 2.5 jection, or use as a raw material in a million megagrams or 2.5 million cubic chemical manufacturing process. Vent- meters is not subject to the require- ing of treated landfill gas to the ambi- ment to obtain an operating permit for ent air is not allowed. If the treated the landfill under part 70 or 71 of this landfill gas cannot be routed for subse- chapter, unless the landfill is otherwise quent sale or beneficial use, then the subject to either part 70 or 71. For pur- treated landfill gas must be controlled poses of submitting a timely applica- according to either paragraph tion for an operating permit under part (b)(2)(iii)(A) or (B) of this section. 70 or 71, the owner or operator of an (D) All emissions from any atmos- MSW landfill subject to this subpart pheric vent from the gas treatment with a design capacity greater than or system are subject to the requirements equal to 2.5 million megagrams and 2.5 of paragraph (b)(2)(iii)(A) or (B) of this million cubic meters, and not other- section. For purposes of this subpart, wise subject to either part 70 or 71, be- atmospheric vents located on the con- comes subject to the requirements of densate storage tank are not part of § 70.5(a)(1)(i) or § 71.5(a)(1)(i) of this the treatment system and are exempt chapter, regardless of when the design from the requirements of paragraph capacity report is actually submitted, (b)(2)(iii)(A) or (B) of this section. no later than: (iv) Operation. Operate the collection (1) November 28, 2016 for MSW land- and control device installed to comply fills that commenced construction, with this subpart in accordance with modification, or reconstruction after the provisions of §§ 60.763, 60.765, and July 17, 2014 but before August 29, 2016; 60.766; or the provisions of §§ 63.1958, (2) Ninety days after the date of com- 63.1960, and 63.1961 of this chapter. Once menced construction, modification, or the owner or operator begins to comply reconstruction for MSW landfills that with the provisions of §§ 63.1958, 63.1960, commence construction, modification, and 63.1961 of this chapter, the owner or or reconstruction after August 29, 2016. operator must continue to operate the (d) When an MSW landfill subject to collection and control device according this subpart is closed as defined in this to those provisions and cannot return subpart, the owner or operator is no to the provisions of §§ 60.763, 60.765, and longer subject to the requirement to 60.766. maintain an operating permit under

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part 70 or 71 of this chapter for the proval and must include supporting landfill if the landfill is not otherwise data demonstrating that the elevated subject to the requirements of either parameter neither causes fires nor sig- part 70 or 71 and if either of the fol- nificantly inhibits anaerobic decompo- lowing conditions are met: sition by killing methanogens. The (1) The landfill was never subject to demonstration must satisfy both cri- the requirement for a control system teria in order to be approved (i.e., nei- under paragraph (b)(2) of this section; ther causing fires nor killing or methanogens is acceptable). (2) The owner or operator meets the (d) Operate the collection system so conditions for control system removal that the methane concentration is less specified in paragraph (b)(2)(v) of this than 500 parts per million above back- section. ground at the surface of the landfill. To [81 FR 59368, Aug. 29, 2016, as amended at 85 determine if this level is exceeded, the FR 17261, Mar. 26, 2020] owner or operator must conduct surface testing using an organic vapor an- § 60.763 Operational standards for col- alyzer, flame ionization detector, or lection and control systems. other portable monitor meeting the Each owner or operator of an MSW specifications provided in § 60.765(d). landfill with a gas collection and con- The owner or operator must conduct trol system used to comply with the surface testing around the perimeter of provisions of § 60.762(b)(2) must: the collection area and along a pattern (a) Operate the collection system that traverses the landfill at no more such that gas is collected from each than 30-meter intervals and where vis- area, cell, or group of cells in the MSW ual observations indicate elevated con- landfill in which solid waste has been centrations of landfill gas, such as dis- in place for: tressed vegetation and cracks or seeps (1) 5 years or more if active; or in the cover and all cover penetrations. (2) 2 years or more if closed or at Thus, the owner or operator must mon- final grade; itor any openings that are within an (b) Operate the collection system area of the landfill where waste has with negative pressure at each well- been placed and a gas collection sys- head except under the following condi- tem is required. The owner or operator tions: may establish an alternative tra- (1) A fire or increased well tempera- versing pattern that ensures equivalent ture. The owner or operator must coverage. A surface monitoring design record instances when positive pressure plan must be developed that includes a occurs in efforts to avoid a fire. These records must be submitted with the an- topographical map with the monitoring nual reports as provided in § 60.767(g)(1); route and the rationale for any site- (2) Use of a geomembrane or syn- specific deviations from the 30-meter thetic cover. The owner or operator intervals. Areas with steep slopes or must develop acceptable pressure lim- other dangerous areas may be excluded its in the design plan; from the surface testing. (3) A decommissioned well. A well (e) Operate the system such that all may experience a static positive pres- collected gases are vented to a control sure after shut down to accommodate system designed and operated in com- for declining flows. All design changes pliance with § 60.762(b)(2)(iii). In the must be approved by the Administrator event the collection or control system as specified in § 60.767(c); is not operating, the gas mover system (c) Operate each interior wellhead in must be shut down and all valves in the the collection system with a landfill collection and control system contrib- gas temperature less than 55 degrees uting to venting of the gas to the at- Celsius (131 degrees Fahrenheit). The mosphere must be closed within 1 hour owner or operator may establish a of the collection or control system not higher operating temperature value at operating; and a particular well. A higher operating (f) Operate the control system at all value demonstration must be sub- times when the collected gas is routed mitted to the Administrator for ap- to the system.

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(g) If monitoring demonstrates that known, as specified in paragraph the operational requirements in para- (a)(1)(i) of this section, for part of the graphs (b), (c), or (d) of this section are life of the landfill and the actual year- not met, corrective action must be to-year solid waste acceptance rate is taken as specified in § 60.765(a)(3) and unknown, as specified in paragraph (5) or (c). If corrective actions are (a)(1)(ii) of this section, for part of the taken as specified in § 60.765, the mon- life of the landfill. The values to be itored exceedance is not a violation of used in both Equation 1 and Equation 2 the operational requirements in this are 0.05 per year for k, 170 cubic meters section. per megagram for Lo, and 4,000 parts § 60.764 Test methods and procedures. per million by volume as hexane for the C . For landfills located in geo- (a)(1) NMOC Emission Rate. The land- NMOC fill owner or operator must calculate graphical areas with a 30-year annual the NMOC emission rate using either average precipitation of less than 25 Equation 1 provided in paragraph inches, as measured at the nearest rep- (a)(1)(i) of this section or Equation 2 resentative official meteorologic site, provided in paragraph (a)(1)(ii) of this the k value to be used is 0.02 per year. section. Both Equation 1 and Equation (i)(A) Equation 1 must be used if the 2 may be used if the actual year-to- actual year-to-year solid waste accept- year solid waste acceptance rate is ance rate is known.

Where: 3.6 × 10¥9 = Conversion factor.

MNMOC = Total NMOC emission rate from the (B) The mass of nondegradable solid landfill, megagrams per year. waste may be subtracted from the total k = Methane generation rate constant, mass of solid waste in a particular sec- year¥1. tion of the landfill when calculating Lo = Methane generation potential, cubic meters per megagram solid waste. the value for Mi if documentation of th the nature and amount of such wastes Mi = Mass of solid waste in the i section, megagrams. is maintained. th ti = Age of the i section, years. (ii)(A) Equation 2 must be used if the CNMOC = Concentration of NMOC, parts per actual year-to-year solid waste accept- million by volume as hexane. ance rate is unknown.

Where: 3.6 × 10¥9 = Conversion factor. MNMOC = Mass emission rate of NMOC, (B) The mass of nondegradable solid megagrams per year. waste may be subtracted from the total Lo = Methane generation potential, cubic meters per megagram solid waste. mass of solid waste in a particular sec- R = Average annual acceptance rate, tion of the landfill when calculating megagrams per year. the value of R, if documentation of the k = Methane generation rate constant, nature and amount of such wastes is ¥ year 1. maintained. t = Age of landfill, years. (2) Tier 1. The owner or operator must CNMOC = Concentration of NMOC, parts per million by volume as hexane. compare the calculated NMOC mass c = Time since closure, years; for active emission rate to the standard of 34 landfill c = 0 and e¥kc = 1. megagrams per year.

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(i) If the NMOC emission rate cal- umes should not be less than one liter culated in paragraph (a)(1) of this sec- unless evidence can be provided to sub- tion is less than 34 megagrams per stantiate the accuracy of smaller vol- year, then the landfill owner or oper- umes. Terminate compositing before ator must submit an NMOC emission the cylinder approaches ambient pres- rate report according to § 60.767(b), and sure where measurement accuracy di- must recalculate the NMOC mass emis- minishes. If more than the required sion rate annually as required under number of samples are taken, all sam- § 60.762(b). ples must be used in the analysis. The (ii) If the calculated NMOC emission landfill owner or operator must divide rate as calculated in paragraph (a)(1) of the NMOC concentration from Method this section is equal to or greater than 25 or 25C of appendix A of this part by 34 megagrams per year, then the land- six to convert from CNMOC as carbon to fill owner must either: CNMOC as hexane. If the landfill has an (A) Submit a gas collection and con- active or passive gas removal system in trol system design plan within 1 year place, Method 25 or 25C samples may be as specified in § 60.767(c) and install and collected from these systems instead of operate a gas collection and control surface probes provided the removal system within 30 months according to system can be shown to provide sam- § 60.762(b)(2)(ii) and (iii); pling as representative as the two sam- (B) Determine a site-specific NMOC pling probe per hectare requirement. concentration and recalculate the For active collection systems, samples NMOC emission rate using the Tier 2 may be collected from the common procedures provided in paragraph (a)(3) header pipe. The sample location on of this section; or the common header pipe must be be- (C) Determine a site-specific methane fore any gas moving, condensate regeneration rate constant and recal- moval, or treatment system equip- culate the NMOC emission rate using ment. For active collection systems, a the Tier 3 procedures provided in para- minimum of three samples must be col- graph (a)(4) of this section. lected from the header pipe. (3) Tier 2. The landfill owner or oper- (i) Within 60 days after the date of ator must determine the site-specific completing each performance test (as NMOC concentration using the fol- defined in § 60.8), the owner or operator lowing sampling procedure. The land- must submit the results according to fill owner or operator must install at § 60.767(i)(1). least two sample probes per hectare, (ii) The landfill owner or operator evenly distributed over the landfill sur- must recalculate the NMOC mass emis- face that has retained waste for at sion rate using Equation 1 or Equation least 2 years. If the landfill is larger 2 provided in paragraph (a)(1)(i) or than 25 hectares in area, only 50 sam- (a)(1)(ii) of this section and using the ples are required. The probes should be average site-specific NMOC concentra- evenly distributed across the sample tion from the collected samples instead area. The sample probes should be lo- of the default value provided in para- cated to avoid known areas of non- graph (a)(1) of this section. degradable solid waste. The owner or (iii) If the resulting NMOC mass operator must collect and analyze one emission rate is less than 34 sample of landfill gas from each probe megagrams per year, then the owner or to determine the NMOC concentration operator must submit a periodic esti- using Method 25 or 25C of appendix A of mate of NMOC emissions in an NMOC this part. Taking composite samples emission rate report according to from different probes into a single cyl- § 60.767(b)(1), and must recalculate the inder is allowed; however, equal sample NMOC mass emission rate annually as volumes must be taken from each required under § 60.762(b). The site-spe- probe. For each composite, the sam- cific NMOC concentration must be re- pling rate, collection times, beginning tested every 5 years using the methods and ending cylinder vacuums, or alter- specified in this section. native volume measurements must be (iv) If the NMOC mass emission rate recorded to verify that composite vol- as calculated using the Tier 2 site-spe- umes are equal. Composite sample vol- cific NMOC concentration is equal to

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or greater than 34 megagrams per year, annually using Equation 1 or Equation the landfill owner or operator must ei- 2 in paragraph (a)(1) of this section and ther: using the site-specific Tier 2 NMOC (A) Submit a gas collection and con- concentration and Tier 3 methane gen- trol system design plan within 1 year eration rate constant and submit a as specified in § 60.767(c) and install and periodic NMOC emission rate report as operate a gas collection and control provided in § 60.767(b)(1). The calcula- system within 30 months according to tion of the methane generation rate § 60.762(b)(2)(ii) and (iii); constant is performed only once, and (B) Determine a site-specific meth- the value obtained from this test must ane generation rate constant and recal- be used in all subsequent annual NMOC culate the NMOC emission rate using emission rate calculations. the site-specific methane generation (5) Other methods. The owner or oper- rate using the Tier 3 procedures speci- ator may use other methods to deter- fied in paragraph (a)(4) of this section; mine the NMOC concentration or a or site-specific methane generation rate (C) Conduct a surface emission moni- constant as an alternative to the meth- toring demonstration using the Tier 4 ods required in paragraphs (a)(3) and (4) procedures specified in paragraph (a)(6) of this section if the method has been of this section. approved by the Administrator. (4) Tier 3. The site-specific methane (6) Tier 4. The landfill owner or oper- generation rate constant must be de- ator must demonstrate that surface termined using the procedures provided methane emissions are below 500 parts in Method 2E of appendix A of this per million. Surface emission moni- part. The landfill owner or operator toring must be conducted on a quar- must estimate the NMOC mass emis- terly basis using the following proce- sion rate using Equation 1 or Equation dures. Tier 4 is allowed only if the 2 in paragraph (a)(1)(i) or (ii) of this landfill owner or operator can dem- section and using a site-specific meth- onstrate that NMOC emissions are ane generation rate constant, and the greater than or equal to 34 Mg/yr but site-specific NMOC concentration as less than 50 Mg/yr using Tier 1 or Tier determined in paragraph (a)(3) of this 2. If both Tier 1 and Tier 2 indicate section instead of the default values NMOC emissions are 50 Mg/yr or great- provided in paragraph (a)(1) of this sec- er, then Tier 4 cannot be used. In addition. The landfill owner or operator tion, the landfill must meet the cri- must compare the resulting NMOC teria in paragraph (a)(6)(viii) of this mass emission rate to the standard of section. 34 megagrams per year. (i) The owner or operator must meas- (i) If the NMOC mass emission rate as ure surface concentrations of methane calculated using the Tier 2 site-specific along the entire perimeter of the land- NMOC concentration and Tier 3 site- fill and along a pattern that traverses specific methane generation rate is the landfill at no more than 30-meter equal to or greater than 34 megagrams intervals using an organic vapor ana- per year, the owner or operator must lyzer, flame ionization detector, or either: other portable monitor meeting the (A) Submit a gas collection and con- specifications provided in § 60.765(d). trol system design plan within 1 year (ii) The background concentration as specified in § 60.767(c) and install and must be determined by moving the operate a gas collection and control probe inlet upwind and downwind at system within 30 months according to least 30 meters from the waste mass § 60.762(b)(2)(ii) and (iii); or boundary of the landfill. (B) Conduct a surface emission moni- (iii) Surface emission monitoring toring demonstration using the Tier 4 must be performed in accordance with procedures specified in paragraph (a)(6) section 8.3.1 of Method 21 of appendix A of this section. of this part, except that the probe inlet (ii) If the NMOC mass emission rate must be placed no more than 5 centi- is less than 34 megagrams per year, meters above the landfill surface; the then the owner or operator must recal- constant measurement of distance culate the NMOC mass emission rate above the surface should be based on a

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mechanical device such as with a wheel which the NMOC emission rate equals on a pole, except as described in para- or exceeds 34 megagrams per year graph (a)(6)(iii)(A) of this section. based on Tier 2. (A) The owner or operator must use a (vi) If after four consecutive quar- wind barrier, similar to a funnel, when terly monitoring periods at a landfill, onsite average wind speed exceeds 4 other than a closed landfill, there is no miles per hour or 2 meters per second measured concentration of methane of or gust exceeding 10 miles per hour. 500 parts per million or greater from Average on-site wind speed must also the surface of the landfill, the owner or be determined in an open area at 5- operator must continue quarterly sur- minute intervals using an on-site ane- face emission monitoring using the mometer with a continuous recorder methods specified in this section. and data logger for the entire duration (vii) If after four consecutive quar- of the monitoring event. The wind bar- terly monitoring periods at a closed rier must surround the SEM monitor, landfill there is no measured con- and must be placed on the ground, to centration of methane of 500 parts per ensure wind turbulence is blocked. million or greater from the surface of SEM cannot be conducted if average the landfill, the owner or operator wind speed exceeds 25 miles per hour. must conduct annual surface emission (B) Landfill surface areas where vis- monitoring using the methods specified ual observations indicate elevated con- in this section. centrations of landfill gas, such as dis- (viii) If a landfill has installed and tressed vegetation and cracks or seeps operates a collection and control sys- in the cover, and all cover penetrations tem that is not required by this sub- must also be monitored using a device meeting the specifications provided in part, then the collection and control § 60.765(d). system must meet the following cri- (iv) Each owner or operator seeking teria: to comply with the Tier 4 provisions in (A) The gas collection and control paragraph (a)(6) of this section must system must have operated for 6,570 maintain records of surface emission out of 8,760 hours preceding the Tier 4 monitoring as provided in § 60.768(g) surface emissions monitoring dem- and submit a Tier 4 surface emissions onstration. report as provided in § 60.767(c)(4)(iii). (B) During the Tier 4 surface emis- (v) If there is any measured con- sions monitoring demonstration, the centration of methane of 500 parts per gas collection and control system must million or greater from the surface of operate as it normally would to collect the landfill, the owner or operator and control as much landfill gas as pos- must submit a gas collection and con- sible. trol system design plan within 1 year (b) After the installation and startup of the first measured concentration of of a collection and control system in methane of 500 parts per million or compliance with this subpart, the greater from the surface of the landfill owner or operator must calculate the according to § 60.767(c) and install and NMOC emission rate for purposes of de- operate a gas collection and control termining when the system can be system according to § 60.762(b)(2)(ii) and capped, removed or decommissioned as (iii) within 30 months of the most re- provided in § 60.762(b)(2)(v), using Equa- cent NMOC emission rate report in tion 3:

Where: CNMOC = NMOC concentration, parts per million by volume as hexane. MNMOC = Mass emission rate of NMOC, megagrams per year. (1) The flow rate of landfill gas, QLFG, QLFG = Flow rate of landfill gas, cubic meters must be determined by measuring the per minute.

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total landfill gas flow rate at the com- the Prevention of Significant Deterio- mon header pipe that leads to the con- ration major source and significance trol system using a gas flow measuring levels in §§ 51.166 or 52.21 of this chapter device calibrated according to the pro- using Compilation of Air Pollutant visions of section 10 of Method 2E of Emission Factors, Volume I: Sta- appendix A of this part. tionary Point and Area Sources (AP– (2) The average NMOC concentration, 42) or other approved measurement CNMOC, must be determined by col- procedures. lecting and analyzing landfill gas sam- (d) For the performance test required pled from the common header pipe be- in § 60.762(b)(2)(iii)(B), Method 25 or 25C fore the gas moving or condensate re- (Method 25C may be used at the inlet moval equipment using the procedures only) of appendix A of this part must in Method 25 or Method 25C. The sam- be used to determine compliance with ple location on the common header the 98 weight-percent efficiency or the pipe must be before any condensate re- 20 parts per million by volume outlet moval or other gas refining units. The concentration level, unless another landfill owner or operator must divide the NMOC concentration from Method method to demonstrate compliance has 25 or Method 25C of appendix A of this been approved by the Administrator as part by six to convert from C as provided by § 60.767(c)(2). Method 3, 3A, NMOC or 3C must be used to determine oxy- carbon to CNMOC as hexane. (3) The owner or operator may use gen for correcting the NMOC con- another method to determine landfill centration as hexane to 3 percent. In gas flow rate and NMOC concentration cases where the outlet concentration is if the method has been approved by the less than 50 ppm NMOC as carbon (8 Administrator. ppm NMOC as hexane), Method 25A (i) Within 60 days after the date of should be used in place of Method 25. completing each performance test (as Method 18 may be used in conjunction defined in § 60.8), the owner or operator with Method 25A on a limited basis must submit the results of the per- (compound specific, e.g., methane) or formance test, including any associ- Method 3C may be used to determine ated fuel analyses, according to methane. The methane as carbon § 60.767(i)(1). should be subtracted from the Method (ii) [Reserved] 25A total hydrocarbon value as carbon (c) When calculating emissions for to give NMOC concentration as carbon. Prevention of Significant Deteriora- The landowner or operator must divide tion purposes, the owner or operator of the NMOC concentration as carbon by 6 each MSW landfill subject to the provi- to convert from the CNMOC as carbon sions of this subpart must estimate the to CNMOC as hexane. Equation 4 must NMOC emission rate for comparison to be used to calculate efficiency:

Where: components, hydrogen, and carbon

NMOCin = Mass of NMOC entering control de- monoxide is not applicable. Method 3C vice. may be used to determine the landfill

NMOCout = Mass of NMOC exiting control degas molecular weight for calculating vice. the flare gas exit velocity under (e) For the performance test required § 60.18(f)(4). in § 60.762(b)(2)(iii)(A), the net heating (1) Within 60 days after the date of value of the combusted landfill gas as completing each performance test (as determined in § 60.18(f)(3) is calculated defined in § 60.8), the owner or operator from the concentration of methane in must submit the results of the per- the landfill gas as measured by Method formance tests, including any associ- 3C. A minimum of three 30-minute ated fuel analyses, required by Method 3C samples are determined. § 60.764(b) or (d) according to The measurement of other organic § 60.767(i)(1).

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(2) [Reserved] netic factors should be those published in the most recent Compilation of Air § 60.765 Compliance provisions. Pollutant Emission Factors (AP–42) or (a) Except as provided in § 60.767(c)(2), other site specific values demonstrated the specified methods in paragraphs to be appropriate and approved by the (a)(1) through (6) of this section must Administrator. If k has been deter- be used to determine whether the gas mined as specified in § 60.764(a)(4), the collection system is in compliance value of k determined from the test with § 60.762(b)(2)(ii). must be used. A value of no more than (1) For the purposes of calculating 15 years must be used for the intended the maximum expected gas generation use period of the gas mover equipment. flow rate from the landfill to deter- The active life of the landfill is the age mine compliance with § 60.762(b)(2)(ii)(C)(1), either Equation 5 of the landfill plus the estimated num- or Equation 6 must be used. The meth- ber of years until closure. ane generation rate constant (k) and (i) For sites with unknown year-to- year solid waste acceptance rate: methane generation potential (Lo) ki-

Where: intends to use the gas mover equipment

Qm = Maximum expected gas generation flow or active life of the landfill, whichever is rate, cubic meters per year. less. If the equipment is installed after Lo = Methane generation potential, cubic closure, t is the age of the landfill at in- meters per megagram solid waste. stallation, years. R = Average annual acceptance rate, c = Time since closure, years (for an active megagrams per year. landfill c = 0 and e¥kc = 1). k = Methane generation rate constant, year¥1. (ii) For sites with known year-to- t = Age of the landfill at equipment installa- year solid waste acceptance rate: tion plus the time the owner or operator

Where: rate, so calculations using Equation 5

QM = Maximum expected gas generation flow or Equation 6 in paragraphs (a)(1)(i) or rate, cubic meters per year. (ii) of this section or other methods k = Methane generation rate constant, must be used to predict the maximum year¥1. expected gas generation rate over the Lo = Methane generation potential, cubic meters per megagram solid waste. intended period of use of the gas con- th Mi = Mass of solid waste in the i section, trol system equipment. megagrams. (2) For the purposes of determining th ti = Age of the i section, years. sufficient density of gas collectors for (iii) If a collection and control sys- compliance with § 60.762(b)(2)(ii)(C)(2), tem has been installed, actual flow the owner or operator must design a data may be used to project the max- system of vertical wells, horizontal imum expected gas generation flow collectors, or other collection devices, rate instead of, or in conjunction with, satisfactory to the Administrator, ca- Equation 5 or Equation 6 in paragraphs pable of controlling and extracting gas (a)(1)(i) and (ii) of this section. If the from all portions of the landfill suffi- landfill is still accepting waste, the ac- cient to meet all operational and per- tual measured flow data will not equal formance standards. the maximum expected gas generation

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(3) For the purpose of demonstrating ating parameter for temperature, ac- whether the gas collection system flow tion must be initiated to correct the rate is sufficient to determine compli- exceedance within 5 calendar days. Any ance with § 60.762(b)(2)(ii)(C)(3), the attempted corrective measure must owner or operator must measure gauge not cause exceedances of other oper- pressure in the gas collection header ational or performance standards. applied to each individual well, month- (i) If a landfill gas temperature less ly. If a positive pressure exists, action than 55 degrees Celsius (131 degrees must be initiated to correct the ex- Fahrenheit) cannot be achieved within ceedance within 5 calendar days, except 15 calendar days of the first measure- for the three conditions allowed under ment of landfill gas temperature great- § 60.763(b). Any attempted corrective er than 55 degrees Celsius (131 degrees measure must not cause exceedances of Fahrenheit), the owner or operator other operational or performance must conduct a root cause analysis and standards. correct the exceedance as soon as prac- (i) If negative pressure cannot be ticable, but no later than 60 days after achieved without excess air infiltration a landfill gas temperature greater than within 15 calendar days of the first 55 degrees Celsius (131 degrees Fahr- measurement of positive pressure, the enheit) was first measured. The owner owner or operator must conduct a root or operator must keep records accord- cause analysis and correct the exceeding to § 60.768(e)(3). ance as soon as practicable, but no (ii) If corrective actions cannot be later than 60 days after positive pres- fully implemented within 60 days fol- sure was first measured. The owner or lowing the positive pressure or ele- operator must keep records according vated temperature measurement for to § 60.768(e)(3). which the root cause analysis was re- (ii) If corrective actions cannot be quired, the owner or operator must fully implemented within 60 days fol- also conduct a corrective action anal- lowing the positive pressure measure- ysis and develop an implementation ment for which the root cause analysis schedule to complete the corrective ac- was required, the owner or operator tion(s) as soon as practicable, but no must also conduct a corrective action more than 120 days following the meas- analysis and develop an implementa- urement of landfill gas temperature tion schedule to complete the correc- greater than 55 degrees Celsius (131 de- tive action(s) as soon as practicable, grees Fahrenheit) or positive pressure. but no more than 120 days following The owner or operator must submit the the positive pressure measurement. items listed in § 60.767(g)(7) as part of The owner or operator must submit the the next annual report. The owner or items listed in § 60.767(g)(7) as part of operator must keep records according the next annual report. The owner or to § 60.768(e)(4). operator must keep records according (iii) If corrective action is expected to § 60.768(e)(4). to take longer than 120 days to com- (iii) If corrective action is expected plete after the initial exceedance, the to take longer than 120 days to com- owner or operator must submit the plete after the initial exceedance, the root cause analysis, corrective action owner or operator must submit the analysis, and corresponding implemen- root cause analysis, corrective action tation timeline to the Administrator, analysis, and corresponding implemen- according to § 60.767(g)(7) and § 60.767(j). tation timeline to the Administrator, The owner or operator must keep according to § 60.767(g)(7) and § 60.767(j). records according to § 60.768(e)(5). The owner or operator must keep (6) An owner or operator seeking to records according to § 60.768(e)(5). demonstrate compliance with (4) [Reserved] § 60.762(b)(2)(ii)(C)(4) through the use of (5) For the purpose of identifying a collection system not conforming to whether excess air infiltration into the the specifications provided in § 60.769 landfill is occurring, the owner or oper- must provide information satisfactory ator must monitor each well monthly to the Administrator as specified in for temperature as provided in § 60.767(c)(3) demonstrating that off-site § 60.763(c). If a well exceeds the oper- migration is being controlled.

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(b) For purposes of compliance with the vicinity of each exceedance must § 60.763(a), each owner or operator of a be made and the location must be re- controlled landfill must place each well monitored within 10 calendar days of or design component as specified in the detecting the exceedance. approved design plan as provided in (iii) If the re-monitoring of the loca- § 60.767(c). Each well must be installed tion shows a second exceedance, addi- no later than 60 days after the date on tional corrective action must be taken which the initial solid waste has been and the location must be monitored in place for a period of: again within 10 days of the second ex- (1) Five (5) years or more if active; or ceedance. If the re-monitoring shows a (2) Two (2) years or more if closed or third exceedance for the same location, at final grade. the action specified in paragraph (c) The following procedures must be (c)(4)(v) of this section must be taken, used for compliance with the surface and no further monitoring of that loca- methane operational standard as pro- tion is required until the action speci- vided in § 60.763(d). fied in paragraph (c)(4)(v) of this sec- (1) After installation and startup of tion has been taken. the gas collection system, the owner or (iv) Any location that initially operator must monitor surface con- showed an exceedance but has a meth- centrations of methane along the en- ane concentration less than 500 ppm tire perimeter of the collection area methane above background at the 10- and along a pattern that traverses the day re-monitoring specified in para- landfill at 30 meter intervals (or a site- graph (c)(4)(ii) or (iii) of this section specific established spacing) for each must be re-monitored 1 month from the collection area on a quarterly basis initial exceedance. If the 1-month re- using an organic vapor analyzer, flame monitoring shows a concentration less ionization detector, or other portable than 500 parts per million above back- monitor meeting the specifications ground, no further monitoring of that provided in paragraph (d) of this sec- location is required until the next tion. quarterly monitoring period. If the 1- (2) The background concentration month re-monitoring shows an exceed- must be determined by moving the ance, the actions specified in paragraph probe inlet upwind and downwind out- (c)(4)(iii) or (v) of this section must be side the boundary of the landfill at a taken. distance of at least 30 meters from the (v) For any location where monitored perimeter wells. methane concentration equals or ex- (3) Surface emission monitoring must ceeds 500 parts per million above back- be performed in accordance with sec- ground three times within a quarterly tion 8.3.1 of Method 21 of appendix A of period, a new well or other collection this part, except that the probe inlet device must be installed within 120 cal- must be placed within 5 to 10 centi- endar days of the initial exceedance. meters of the ground. Monitoring must An alternative remedy to the exceed- be performed during typical meteoro- ance, such as upgrading the blower, logical conditions. header pipes or control device, and a (4) Any reading of 500 parts per mil- corresponding timeline for installation lion or more above background at any may be submitted to the Administrator location must be recorded as a mon- for approval. itored exceedance and the actions spec- (5) The owner or operator must im- ified in paragraphs (c)(4)(i) through (v) plement a program to monitor for of this section must be taken. As long cover integrity and implement cover as the specified actions are taken, the repairs as necessary on a monthly exceedance is not a violation of the basis. operational requirements of § 60.763(d). (d) Each owner or operator seeking to (i) The location of each monitored comply with the provisions in para- exceedance must be marked and the lo- graph (c) of this section or § 60.764(a)(6) cation and concentration recorded. must comply with the following instru- (ii) Cover maintenance or adjust- mentation specifications and proce- ments to the vacuum of the adjacent dures for surface emission monitoring wells to increase the gas collection in devices:

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(1) The portable analyzer must meet (A) The span must be set between 10 the instrument specifications provided and 12 percent oxygen; in section 6 of Method 21 of appendix A (B) A data recorder is not required; of this part, except that ‘‘methane’’ re- (C) Only two calibration gases are re- places all references to ‘‘VOC’’. quired, a zero and span; (2) The calibration gas must be meth- (D) A calibration error check is not ane, diluted to a nominal concentra- required; tion of 500 parts per million in air. (E) The allowable sample bias, zero (3) To meet the performance evalua- drift, and calibration drift are ±10 per- tion requirements in section 8.1 of cent. Method 21 of appendix A of this part, (iii) A portable gas composition ana- the instrument evaluation procedures lyzer may be used to monitor the oxy- of section 8.1 of Method 21 of appendix gen levels provided: A of this part must be used. (4) The calibration procedures pro- (A) The analyzer is calibrated; and vided in sections 8 and 10 of Method 21 (B) The analyzer meets all quality as- of appendix A of this part must be fol- surance and quality control require- lowed immediately before commencing ments for Method 3A or ASTM D6522–11 a surface monitoring survey. (incorporated by reference, see § 60.17). (e) The provisions of this subpart (3) Monitor temperature of the land- apply at all times, including periods of fill gas on a monthly basis as provided startup, shutdown or malfunction. Dur- in § 60.765(a)(5). The temperature meas- ing periods of startup, shutdown, and uring device must be calibrated annu- malfunction, you must comply with ally using the procedure in 40 CFR part the work practice specified in § 60.763(e) 60, appendix A–1, Method 2, Section in lieu of the compliance provisions in 10.3. § 60.765. (b) Each owner or operator seeking to comply with § 60.762(b)(2)(iii) using an [81 FR 59368, Aug. 29, 2016, as amended at 85 FR 17261, Mar. 26, 2020] enclosed combustor must calibrate, maintain, and operate according to the § 60.766 Monitoring of operations. manufacturer’s specifications, the fol- Except as provided in § 60.767(c)(2): lowing equipment: (a) Each owner or operator seeking to (1) A temperature monitoring device comply with § 60.762(b)(2)(ii)(C) for an equipped with a continuous recorder ± active gas collection system must in- and having a minimum accuracy of 1 stall a sampling port and a thermom- percent of the temperature being meas- eter, other temperature measuring de- ured expressed in degrees Celsius or ± vice, or an access port for temperature 0.5 degrees Celsius, whichever is great- measurements at each wellhead and: er. A temperature monitoring device is (1) Measure the gauge pressure in the not required for boilers or process heat- gas collection header on a monthly ers with design heat input capacity basis as provided in § 60.765(a)(3); and equal to or greater than 44 megawatts. (2) Monitor nitrogen or oxygen con- (2) A device that records flow to the centration in the landfill gas on a control device and bypass of the con- monthly basis as follows: trol device (if applicable). The owner or (i) The nitrogen level must be deter- operator must: mined using Method 3C, unless an al- (i) Install, calibrate, and maintain a ternative test method is established as gas flow rate measuring device that allowed by § 60.767(c)(2). must record the flow to the control de- (ii) Unless an alternative test method vice at least every 15 minutes; and is established as allowed by (ii) Secure the bypass line valve in § 60.767(c)(2), the oxygen level must be the closed position with a car-seal or a determined by an oxygen meter using lock-and-key type configuration. A vis- Method 3A, 3C, or ASTM D6522–11 (in- ual inspection of the seal or closure corporated by reference, see § 60.17). De- mechanism must be performed at least termine the oxygen level by an oxygen once every month to ensure that the meter using Method 3A, 3C, or ASTM valve is maintained in the closed posi- D6522–11 (if sample location is prior to tion and that the gas flow is not di- combustion) except that: verted through the bypass line.

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(c) Each owner or operator seeking to (f) Each owner or operator seeking to comply with § 60.762(b)(2)(iii) using a demonstrate compliance with the 500 non-enclosed flare must install, cali- parts per million surface methane brate, maintain, and operate according operational standard in § 60.763(d) must to the manufacturer’s specifications monitor surface concentrations of the following equipment: methane according to the procedures in (1) A heat sensing device, such as an § 60.765(c) and the instrument specifica- ultraviolet beam sensor or thermo- tions in § 60.765(d). Any closed landfill couple, at the pilot light or the flame that has no monitored exceedances of itself to indicate the continuous pres- the operational standard in three con- ence of a flame. secutive quarterly monitoring periods (2) A device that records flow to the may skip to annual monitoring. Any flare and bypass of the flare (if applica- methane reading of 500 ppm or more ble). The owner or operator must: above background detected during the (i) Install, calibrate, and maintain a annual monitoring returns the fre- gas flow rate measuring device that quency for that landfill to quarterly records the flow to the control device monitoring. at least every 15 minutes; and (g) Each owner or operator seeking to (ii) Secure the bypass line valve in demonstrate compliance with the closed position with a car-seal or a § 60.762(b)(2)(iii) using a landfill gas lock-and-key type configuration. A vis- treatment system must maintain and ual inspection of the seal or closure operate all monitoring systems associ- mechanism must be performed at least ated with the treatment system in ac- once every month to ensure that the cordance with the site-specific treat- valve is maintained in the closed posi- ment system monitoring plan required tion and that the gas flow is not di- in § 60.768(b)(5)(ii) and must calibrate, verted through the bypass line. maintain, and operate according to the (d) Each owner or operator seeking to manufacturer’s specifications a device demonstrate compliance with that records flow to the treatment sys- § 60.762(b)(2)(iii) using a device other tem and bypass of the treatment sys- than a non-enclosed flare or an en- tem (if applicable). The owner or oper- closed combustor or a treatment sys- ator must: tem must provide information satisfac- (1) Install, calibrate, and maintain a tory to the Administrator as provided gas flow rate measuring device that in § 60.767(c)(2) describing the operation records the flow to the treatment sys- of the control device, the operating pa- tem at least every 15 minutes; and rameters that would indicate proper (2) Secure the bypass line valve in performance, and appropriate moni- the closed position with a car-seal or a toring procedures. The Administrator lock-and-key type configuration. A vis- must review the information and either ual inspection of the seal or closure approve it, or request that additional mechanism must be performed at least information be submitted. The Admin- once every month to ensure that the istrator may specify additional appro- valve is maintained in the closed posi- priate monitoring procedures. tion and that the gas flow is not di- (e) Each owner or operator seeking to verted through the bypass line. install a collection system that does (h) The monitoring requirements of not meet the specifications in § 60.769 paragraphs (b), (c) (d) and (g) of this or seeking to monitor alternative pa- section apply at all times the affected rameters to those required by §§ 60.763 source is operating, except for periods through 60.766 must provide informa- of monitoring system malfunctions, re- tion satisfactory to the Administrator pairs associated with monitoring sys- as provided in § 60.767(c)(2) and (3) de- tem malfunctions, and required moni- scribing the design and operation of toring system quality assurance or the collection system, the operating quality control activities. A moni- parameters that would indicate proper toring system malfunction is any sud- performance, and appropriate moni- den, infrequent, not reasonably pre- toring procedures. The Administrator ventable failure of the monitoring sys- may specify additional appropriate tem to provide valid data. Monitoring monitoring procedures. system failures that are caused in part

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by poor maintenance or careless oper- vert the design capacity from volume ation are not malfunctions. You are re- to mass or from mass to volume to quired to complete monitoring system demonstrate its design capacity is less repairs in response to monitoring sys- than 2.5 million megagrams or 2.5 mil- tem malfunctions and to return the lion cubic meters, the calculation must monitoring system to operation as ex- include a site-specific density, which peditiously as practicable. must be recalculated annually. Any density conversions must be docu- § 60.767 Reporting requirements. mented and submitted with the design (a) Design capacity report. Each owner capacity report. The state, tribal, local or operator subject to the requirements agency or Administrator may request of this subpart must submit an initial other reasonable information as may design capacity report to the Adminis- be necessary to verify the maximum trator. design capacity of the landfill. (1) Submission. The initial design ca- (3) Amended design capacity report. An pacity report fulfills the requirements amended design capacity report must of the notification of the date con- be submitted to the Administrator pro- struction is commenced as required by viding notification of an increase in § 60.7(a)(1) and must be submitted no the design capacity of the landfill, later than: within 90 days of an increase in the (i) November 28, 2016, for landfills maximum design capacity of the land- that commenced construction, modi- fill to meet or exceed 2.5 million fication, or reconstruction after July megagrams and 2.5 million cubic me- 17, 2014 but before August 29, 2016; or ters. This increase in design capacity (ii) Ninety days after the date of may result from an increase in the per- commenced construction, modifica- mitted volume of the landfill or an in- tion, or reconstruction for landfills crease in the density as documented in that commence construction, modifica- the annual recalculation required in tion, or reconstruction after August 29, § 60.768(f). 2016. (b) NMOC emission rate report. Each (2) Initial design capacity report. The owner or operator subject to the re- initial design capacity report must quirements of this subpart must sub- contain the following information: (i) A map or plot of the landfill, pro- mit an NMOC emission rate report fol- viding the size and location of the land- lowing the procedure specified in para- fill, and identifying all areas where graph (i)(2) of this section to the Ad- solid waste may be landfilled according ministrator initially and annually to the permit issued by the state, local, thereafter, except as provided for in or tribal agency responsible for regu- paragraph (b)(1)(ii) of this section. The lating the landfill. Administrator may request such addi- (ii) The maximum design capacity of tional information as may be necessary the landfill. Where the maximum de- to verify the reported NMOC emission sign capacity is specified in the permit rate. issued by the state, local, or tribal (1) The NMOC emission rate report agency responsible for regulating the must contain an annual or 5-year esti- landfill, a copy of the permit specifying mate of the NMOC emission rate cal- the maximum design capacity may be culated using the formula and proce- submitted as part of the report. If the dures provided in § 60.764(a) or (b), as maximum design capacity of the land- applicable. fill is not specified in the permit, the (i) The initial NMOC emission rate maximum design capacity must be cal- report may be combined with the ini- culated using good engineering prac- tial design capacity report required in tices. The calculations must be pro- paragraph (a) of this section and must vided, along with the relevant param- be submitted no later than indicated in eters as part of the report. The landfill paragraphs (b)(1)(i)(A) and (B) of this may calculate design capacity in either section. Subsequent NMOC emission megagrams or cubic meters for com- rate reports must be submitted annu- parison with the exemption values. If ally thereafter, except as provided for the owner or operator chooses to con- in paragraph (b)(1)(ii) of this section.

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(A) November 28, 2016, for landfills proval according to the schedule in that commenced construction, modi- paragraph (c)(4) of this section. The fication, or reconstruction after July collection and control system design 17, 2014, but before August 29, 2016, or plan must be prepared and approved by (B) Ninety days after the date of a professional engineer and must meet commenced construction, modifica- the following requirements: tion, or reconstruction for landfills (1) The collection and control system that commence construction, modifica- as described in the design plan must tion, or reconstruction after August 29, meet the design requirements in 2016. § 60.762(b)(2). (ii) If the estimated NMOC emission (2) The collection and control system rate as reported in the annual report to design plan must include any alter- the Administrator is less than 34 natives to the operational standards, megagrams per year in each of the next test methods, procedures, compliance 5 consecutive years, the owner or operator may elect to submit, following the measures, monitoring, recordkeeping procedure specified in paragraph (i)(2) or reporting provisions of §§ 60.763 of this section, an estimate of the through 60.768 proposed by the owner or NMOC emission rate for the next 5-year operator. period in lieu of the annual report. (3) The collection and control system This estimate must include the current design plan must either conform with amount of solid waste-in-place and the specifications for active collection sys- estimated waste acceptance rate for tems in § 60.769 or include a demonstra- each year of the 5 years for which an tion to the Administrator’s satisfac- NMOC emission rate is estimated. All tion of the sufficiency of the alter- data and calculations upon which this native provisions to § 60.769. estimate is based must be provided to (4) Each owner or operator of an the Administrator. This estimate must MSW landfill having a design capacity be revised at least once every 5 years. equal to or greater than 2.5 million If the actual waste acceptance rate ex- megagrams and 2.5 million cubic me- ceeds the estimated waste acceptance ters must submit a collection and con- rate in any year reported in the 5-year trol system design plan to the Admin- estimate, a revised 5-year estimate istrator for approval within 1 year of must be submitted to the Adminis- the first NMOC emission rate report in trator. The revised estimate must which the NMOC emission rate equals cover the 5-year period beginning with or exceeds 34 megagrams per year, ex- the year in which the actual waste accept as follows: ceptance rate exceeded the estimated (i) If the owner or operator elects to waste acceptance rate. recalculate the NMOC emission rate (2) The NMOC emission rate report after Tier 2 NMOC sampling and anal- must include all the data, calculations, sample reports and measurements used ysis as provided in § 60.764(a)(3) and the to estimate the annual or 5-year emis- resulting rate is less than 34 sions. megagrams per year, annual periodic (3) Each owner or operator subject to reporting must be resumed, using the the requirements of this subpart is ex- Tier 2 determined site-specific NMOC empted from the requirements to sub- concentration, until the calculated mit an NMOC emission rate report, emission rate is equal to or greater after installing a collection and con- than 34 megagrams per year or the trol system that complies with landfill is closed. The revised NMOC § 60.762(b)(2), during such time as the emission rate report, with the recal- collection and control system is in op- culated emission rate based on NMOC eration and in compliance with §§ 60.763 sampling and analysis, must be sub- and 60.765. mitted, following the procedures in (c) Collection and control system design paragraph (i)(2) of this section, within plan. Each owner or operator subject to 180 days of the first calculated exceed- the provisions of § 60.762(b)(2) must sub- ance of 34 megagrams per year. mit a collection and control system de- (ii) If the owner or operator elects to sign plan to the Administrator for ap- recalculate the NMOC emission rate

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after determining a site-specific meth- verify that the landfill does not exceed ane generation rate constant k, as pro- 50 Mg/yr of NMOC. vided in Tier 3 in § 60.764(a)(4), and the (A) The initial Tier 4 surface emis- resulting NMOC emission rate is less sions report must be submitted annu- than 34 Mg/yr, annual periodic report- ally, starting within 30 days of com- ing must be resumed. The resulting pleting the fourth quarter of Tier 4 sur- site-specific methane generation rate face emissions monitoring that dem- constant k must be used in the emis- onstrates that site-specific surface sion rate calculation until such time as methane emissions are below 500 parts the emissions rate calculation results per million methane, and following the in an exceedance. The revised NMOC procedure specified in paragraph (i)(2) emission rate report based on the proof this section. visions of § 60.764(a)(4) and the resulting (B) The Tier 4 surface emissions re- site-specific methane generation rate port must be submitted within 1 year constant k must be submitted, fol- of the first measured surface exceed- lowing the procedure specified in para- ance of 500 parts per million methane, graph (i)(2) of this section, to the Ad- following the procedure specified in ministrator within 1 year of the first paragraph (i)(2) of this section. calculated emission rate equaling or (5) The landfill owner or operator exceeding 34 megagrams per year. must notify the Administrator that the (iii) If the owner or operator elects to design plan is completed and submit a demonstrate that site-specific surface copy of the plan’s signature page. The methane emissions are below 500 parts Administrator has 90 days to decide per million methane, based on the pro- whether the design plan should be sub- visions of § 60.764(a)(6), then the owner or operator must submit annually a mitted for review. If the Administrator Tier 4 surface emissions report as spec- chooses to review the plan, the ap- ified in this paragraph following the proval process continues as described procedure specified in paragraph (i)(2) in paragraph (c)(6) of this section. How- of this section until a surface emis- ever, if the Administrator indicates sions readings of 500 parts per million that submission is not required or does methane or greater is found. If the Tier not respond within 90 days, the landfill 4 surface emissions report shows no owner or operator can continue to im- surface emissions readings of 500 parts plement the plan with the recognition per million methane or greater for four that the owner or operator is pro- consecutive quarters at a closed land- ceeding at their own risk. In the event fill, then the landfill owner or operator that the design plan is required to be may reduce Tier 4 monitoring from a modified to obtain approval, the owner quarterly to an annual frequency. The or operator must take any steps nec- Administrator may request such addi- essary to conform any prior actions to tional information as may be necessary the approved design plan and any fail- to verify the reported instantaneous ure to do so could result in an enforce- surface emission readings. The Tier 4 ment action. surface emissions report must clearly (6) Upon receipt of an initial or re- identify the location, date and time (to vised design plan, the Administrator nearest second), average wind speeds must review the information submitted including wind gusts, and reading (in under paragraphs (c)(1) through (3) of parts per million) of any value 500 this section and either approve it, dis- parts per million methane or greater, approve it, or request that additional other than non-repeatable, momentary information be submitted. Because of readings. For location, you must deter- the many site-specific factors involved mine the latitude and longitude coordi- with landfill gas system design, alter- nates using an instrument with an ac- native systems may be necessary. A curacy of at least 4 meters. The coordi- wide variety of system designs are pos- nates must be in decimal degrees with sible, such as vertical wells, combina- at least five decimal places. The Tier 4 tion horizontal and vertical collection surface emission report must also in- systems, or horizontal trenches only, clude the results of the most recent leachate collection components, and Tier 1 and Tier 2 results in order to passive systems. If the Administrator

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does not approve or disapprove the de- year minimum control period has ex- sign plan, or does not request that ad- pired, unless the report of the results ditional information be submitted of the performance test has been sub- within 90 days of receipt, then the mitted to the EPA via the EPA’s CDX, owner or operator may continue with or information that demonstrates that implementation of the design plan, rec- the GCCS will be unable to operate for ognizing they would be proceeding at 15 years due to declining gas flows. In their own risk. the equipment removal report, the (7) If the owner or operator chooses process unit(s) tested, the pollutant(s) to demonstrate compliance with the tested, and the date that such perform- emission control requirements of this ance test was conducted may be sub- subpart using a treatment system as mitted in lieu of the performance test defined in this subpart, then the owner report if the report has been previously or operator must prepare a site-specific submitted to the EPA’s CDX; and treatment system monitoring plan as (iii) Dated copies of three successive specified in § 60.768(b)(5). NMOC emission rate reports dem- (d) Revised design plan. The owner or onstrating that the landfill is no longer operator who has already been required producing 34 megagrams or greater of to submit a design plan under para- NMOC per year, unless the NMOC emis- graph (c) of this section must submit a sion rate reports have been submitted revised design plan to the Adminis- to the EPA via the EPA’s CDX. If the trator for approval as follows: NMOC emission rate reports have been (1) At least 90 days before expanding previously submitted to the EPA’s operations to an area not covered by CDX, a statement that the NMOC emis- the previously approved design plan. sion rate reports have been submitted (2) Prior to installing or expanding electronically and the dates that the the gas collection system in a way that reports were submitted to the EPA’s is not consistent with the design plan CDX may be submitted in the equip- that was submitted to the Adminis- ment removal report in lieu of the trator according to paragraph (c) of NMOC emission rate reports. this section. (2) The Administrator may request (e) Closure report. Each owner or oper- such additional information as may be ator of a controlled landfill must sub- necessary to verify that all of the con- mit a closure report to the Adminis- ditions for removal in § 60.762(b)(2)(v) trator within 30 days of waste accept- have been met. ance cessation. The Administrator may (g) Annual report. The owner or oper- request additional information as may ator of a landfill seeking to comply be necessary to verify that permanent with § 60.762(b)(2) using an active col- closure has taken place in accordance lection system designed in accordance with the requirements of 40 CFR 258.60. with § 60.762(b)(2)(ii) must submit to the If a closure report has been submitted Administrator, following the procedure to the Administrator, no additional specified in paragraph (i)(2) of this sec- wastes may be placed into the landfill tion, annual reports of the recorded in- without filing a notification of modi- formation in paragraphs (g)(1) through fication as described under § 60.7(a)(4). (7) of this section. The initial annual (f) Equipment removal report. Each report must be submitted within 180 owner or operator of a controlled land- days of installation and startup of the fill must submit an equipment removal collection and control system and must report to the Administrator 30 days include the initial performance test re- prior to removal or cessation of oper- port required under § 60.8, as applicable, ation of the control equipment. unless the report of the results of the (1) The equipment removal report performance test has been submitted to must contain all of the following the EPA via the EPA’s CDX. In the ini- items: tial annual report, the process unit(s) (i) A copy of the closure report sub- tested, the pollutant(s) tested, and the mitted in accordance with paragraph date that such performance test was (e) of this section; conducted may be submitted in lieu of (ii) A copy of the initial performance the performance test report if the retest report demonstrating that the 15- port has been previously submitted to

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the EPA’s CDX. For enclosed combus- with § 60.762(b)(2)(iii) must include the tion devices and flares, reportable following information with the initial exceedances are defined under performance test report required under § 60.768(c). If complying with the oper- § 60.8: ational provisions of §§ 63.1958, 63.1960, (1) A diagram of the collection sys- and 63.1961 of this chapter, as allowed tem showing collection system posi- at § 60.762(b)(2)(iv), the owner or oper- tioning including all wells, horizontal ator must follow the semi-annual re- collectors, surface collectors, or other porting requirements in § 63.1981(h) of gas extraction devices, including the this chapter in lieu of this paragraph. locations of any areas excluded from (1) Value and length of time for ex- collection and the proposed sites for ceedance of applicable parameters the future collection system expansion; monitored under § 60.766(a), (b), (c), (d), (2) The data upon which the suffi- and (g). cient density of wells, horizontal col- (2) Description and duration of all pe- lectors, surface collectors, or other gas riods when the gas stream was diverted extraction devices and the gas mover from the control device or treatment equipment sizing are based; system through a bypass line or the in- (3) The documentation of the pres- dication of bypass flow as specified ence of asbestos or nondegradable ma- under § 60.766. terial for each area from which collec- (3) Description and duration of all pe- tion wells have been excluded based on riods when the control device or treat- the presence of asbestos or nondegrad- ment system was not operating and able material; length of time the control device or (4) The sum of the gas generation treatment system was not operating. flow rates for all areas from which col- (4) All periods when the collection lection wells have been excluded based system was not operating. on nonproductivity and the calcula- (5) The location of each exceedance of tions of gas generation flow rate for the 500 parts per million methane con- each excluded area; and centration as provided in § 60.763(d) and (5) The provisions for increasing gas the concentration recorded at each lo- mover equipment capacity with in- cation for which an exceedance was re- creased gas generation flow rate, if the corded in the previous month. For loca- present gas mover equipment is inad- tion, you must determine the latitude equate to move the maximum flow rate and longitude coordinates using an in- expected over the life of the landfill; strument with an accuracy of at least and 4 meters. The coordinates must be in (6) The provisions for the control of decimal degrees with at least five dec- off-site migration. imal places. (i) Electronic reporting. The owner or (6) The date of installation and the operator must submit reports elec- location of each well or collection sys- tronically according to paragraphs tem expansion added pursuant to (i)(1) and (2) of this section. § 60.765(a)(3), (a)(5), (b), and (c)(4). (1) Within 60 days after the date of (7) For any corrective action analysis completing each performance test (as for which corrective actions are re- defined in § 60.8), the owner or operator quired in § 60.765(a)(3) or (5) and that must submit the results of each per- take more than 60 days to correct the formance test according to the fol- exceedance, the root cause analysis lowing procedures: conducted, including a description of (i) For data collected using test the recommended corrective action(s), methods supported by the EPA’s Elec- the date for corrective action(s) al- tronic Reporting Tool (ERT) as listed ready completed following the positive on the EPA’s ERT Web site (https:// pressure or elevated temperature read- www3.epa.gov/ttn/chief/ert/ ing, and, for action(s) not already com- ertllinfo.html) at the time of the test, pleted, a schedule for implementation, you must submit the results of the per- including proposed commencement and formance test to the EPA via the Com- completion dates. pliance and Emissions Data Reporting (h) Initial performance test report. Each Interface (CEDRI). CEDRI can be owner or operator seeking to comply accessed through the EPA’s Central

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Data Exchange (CDX) (https:// be submitted by the deadlines specified cdx.epa.gov/). Performance test data in this subpart, regardless of the meth- must be submitted in a file format gen- od in which the reports are submitted. erated through the use of the EPA’s (j) Corrective action and the cor- ERT or an alternative file format con- responding timeline. The owner or oper- sistent with the extensible markup lan- ator must submit according to para- guage (XML) schema listed on the graphs (j)(1) and (2) of this section. If EPA’s ERT Web site, once the XML complying with the operational provi- schema is available. If you claim that sions of §§ 63.1958, 63.1960, and 63.1961 of some of the performance test informa- this chapter, as allowed at tion being submitted is confidential § 60.762(b)(2)(iv), the owner or operator business information (CBI), you must must follow the corrective action and submit a complete file generated the corresponding timeline require- through the use of the EPA’s ERT or ments in § 63.1981(j) of this chapter in an alternate electronic file consistent lieu of this paragraph. with the XML schema listed on the (1) For corrective action that is re- EPA’s ERT Web site, including infor- quired according to § 60.765(a)(3)(iii) or mation claimed to be CBI, on a com- (a)(5)(iii) and is expected to take longer pact disc, flash drive or other com- than 120 days after the initial exceed- monly used electronic storage media to ance to complete, you must submit the the EPA. The electronic media must be root cause analysis, corrective action clearly marked as CBI and mailed to analysis, and corresponding implemen- U.S. EPA/OAQPS/CORE CBI Office, At- tation timeline to the Administrator tention: Group Leader, Measurement as soon as practicable but no later than Policy Group, MD C404–02, 4930 Old 75 days after the first measurement of Page Rd., Durham, NC 27703. The same positive pressure or temperature moni- ERT or alternate file with the CBI toring value of 55 degrees Celsius (131 omitted must be submitted to the EPA degrees Fahrenheit). The Adminis- via the EPA’s CDX as described earlier trator must approve the plan for cor- in this paragraph. rective action and the corresponding (ii) For data collected using test timeline. methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT (2) For corrective action that is re- Web site at the time of the test, you quired according to § 60.765(a)(3)(iii) or must submit the results of the per- (a)(5)(iii) and is not completed within formance test to the Administrator at 60 days after the initial exceedance, the appropriate address listed in § 60.4. you must submit a notification to the (2) Each owner or operator required Administrator as soon as practicable to submit reports following the proce- but no later than 75 days after the first dure specified in this paragraph must measurement of positive pressure or submit reports to the EPA via the temperature exceedance. CEDRI. (CEDRI can be accessed (k) Liquids addition. The owner or op- through the EPA’s CDX.) The owner or erator of an affected landfill with a de- operator must use the appropriate elec- sign capacity equal to or greater than tronic report in CEDRI for this subpart 2.5 million megagrams and 2.5 million or an alternate electronic file format cubic meters that has employed leach- consistent with the XML schema listed ate recirculation or added liquids based on the CEDRI Web site (https:// on a Research, Development, and Dem- www3.epa.gov/ttn/chief/cedri/index.html). onstration permit (issued through Re- If the reporting form specific to this source Conservation and Recovery Act, subpart is not available in CEDRI at subtitle D, part 258) within the last 10 the time that the report is due, the years must submit to the Adminis- owner or operator must submit the re- trator, annually, following the proce- port to the Administrator at the appro- dure specified in paragraph (i)(2) of this priate address listed in § 60.4. Once the section, the following information: form has been available in CEDRI for (1) Volume of leachate recirculated 90 calendar days, the owner or operator (gallons per year) and the reported must begin submitting all subsequent basis of those estimates (records or en- reports via CEDRI. The reports must gineering estimates).

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(2) Total volume of all other liquids than 2.5 million megagrams and 2.5 added (gallons per year) and the re- million cubic meters must provide a ported basis of those estimates (records notification of the date(s) upon which or engineering estimates). it intends to demonstrate site-specific (3) Surface area (acres) over which surface methane emissions are below the leachate is recirculated (or other- 500 parts per million methane, based on wise applied). the Tier 4 provisions of § 60.764(a)(6). (4) Surface area (acres) over which The landfill must also include a de- any other liquids are applied. scription of the wind barrier to be used (5) The total waste disposed during the SEM in the notification. No- (megagrams) in the areas with recir- tification must be postmarked not less culated leachate and/or added liquids than 30 days prior to such date. based on on-site records to the extent (2) If there is a delay to the scheduled data are available, or engineering esti- Tier 4 SEM date due to weather condi- mates and the reported basis of those tions, including not meeting the wind estimates. requirements in § 60.764(a)(6)(iii)(A), the (6) The annual waste acceptance owner or operator of a landfill shall no- rates (megagrams per year) in the tify the Administrator by email or areas with recirculated leachate and/or telephone no later than 48 hours before added liquids, based on on-site records any delay or cancellation in the origi- to the extent data are available, or en- nal test date, and arrange an updated gineering estimates. date with the Administrator by mutual (7) The initial report must contain agreement. items in paragraph (k)(1) through (6) of (m) Each owner or operator that this section per year for the initial an- chooses to comply with the provisions nual reporting period as well as for in §§ 63.1958, 63.1960, and 63.1961, as al- each of the previous 10 years, to the ex- lowed at § 60.762(b)(2)(iv), must submit tent historical data are available in on- the 24-hour high temperature report site records, and the report must be according to § 63.1981(k) of this chapter. submitted no later than: (i) September 27, 2017, for landfills [81 FR 59368, Aug. 29, 2016, as amended at 85 that commenced construction, modi- FR 17261, Mar. 26, 2020] fication, or reconstruction after July § 60.768 Recordkeeping requirements. 17, 2014 but before August 29, 2016 containing data for the first 12 months (a) Except as provided in § 60.767(c)(2), after August 29, 2016; or each owner or operator of an MSW (ii) Thirteen (13) months after the landfill subject to the provisions of date of commenced construction, modi- § 60.762(b)(2)(ii) and (iii) must keep for fication, or reconstruction for landfills at least 5 years up-to-date, readily ac- that commence construction, modifica- cessible, on-site records of the design tion, or reconstruction after August 29, capacity report that triggered 2016 containing data for the first 12 § 60.762(b), the current amount of solid months after August 29, 2016. waste in-place, and the year-by-year (8) Subsequent annual reports must waste acceptance rate. Off-site records contain items in paragraph (k)(1) may be maintained if they are retriev- through (6) of this section for the 365- able within 4 hours. Either paper copy day period following the 365-day period or electronic formats are acceptable. included in the previous annual report, (b) Except as provided in § 60.767(c)(2), and the report must be submitted no each owner or operator of a controlled later than 365 days after the date the landfill must keep up-to-date, readily previous report was submitted. accessible records for the life of the (9) Landfills may cease annual re- control system equipment of the data porting of items in paragraphs (k)(1) listed in paragraphs (b)(1) through (5) through (7) of this section once they of this section as measured during the have submitted the closure report in initial performance test or compliance paragraph (e) of this section. determination. Records of subsequent (l) Tier 4 notification. (1) The owner or tests or monitoring must be main- operator of an affected landfill with a tained for a minimum of 5 years. design capacity equal to or greater Records of the control device vendor

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specifications must be maintained during which the pilot flame of the until removal. flare flame is absent. (1) Where an owner or operator sub- (5) Where an owner or operator subject to the provisions of this subpart ject to the provisions of this subpart seeks to demonstrate compliance with seeks to demonstrate compliance with § 60.762(b)(2)(ii): § 60.762(b)(2)(iii) through use of a land- (i) The maximum expected gas gen- fill gas treatment system: eration flow rate as calculated in (i) Bypass records. Records of the flow § 60.765(a)(1). The owner or operator of landfill gas to, and bypass of, the may use another method to determine treatment system. the maximum gas generation flow rate, (ii) Site-specific treatment monitoring if the method has been approved by the plan, to include: Administrator. (A) Monitoring records of parameters (ii) The density of wells, horizontal that are identified in the treatment collectors, surface collectors, or other system monitoring plan and that en- gas extraction devices determined sure the treatment system is operating using the procedures specified in properly for each intended end use of § 60.769(a)(1). the treated landfill gas. At a minimum, records should include records of filtra- (2) Where an owner or operator sub- tion, de-watering, and compression pa- ject to the provisions of this subpart rameters that ensure the treatment seeks to demonstrate compliance with system is operating properly for each § 60.762(b)(2)(iii) through use of an en- intended end use of the treated landfill closed combustion device other than a gas. boiler or process heater with a design (B) Monitoring methods, frequencies, heat input capacity equal to or greater and operating ranges for each mon- than 44 megawatts: itored operating parameter based on (i) The average temperature meas- manufacturer’s recommendations or ured at least every 15 minutes and engineering analysis for each intended averaged over the same time period of end use of the treated landfill gas. the performance test. (C) Documentation of the monitoring (ii) The percent reduction of NMOC methods and ranges, along with jus- determined as specified in tification for their use. § 60.762(b)(2)(iii)(B) achieved by the con- (D) Identify who is responsible (by trol device. job title) for data collection. (3) Where an owner or operator sub- (E) Processes and methods used to ject to the provisions of this subpart collect the necessary data. seeks to demonstrate compliance with (F) Description of the procedures and § 60.762(b)(2)(iii)(B)(1) through use of a methods that are used for quality as- boiler or process heater of any size: A surance, maintenance, and repair of all description of the location at which the continuous monitoring systems. collected gas vent stream is introduced (c) Except as provided in § 60.767(c)(2), into the boiler or process heater over each owner or operator of a controlled the same time period of the perform- landfill subject to the provisions of this ance testing. subpart must keep for 5 years up-to- (4) Where an owner or operator sub- date, readily accessible continuous ject to the provisions of this subpart records of the equipment operating pa- seeks to demonstrate compliance with rameters specified to be monitored in § 60.762(b)(2)(iii)(A) through use of a § 60.766 as well as up-to-date, readily ac- non-enclosed flare, the flare type (i.e., cessible records for periods of oper- steam-assisted, air-assisted, or non- ation during which the parameter assisted), all visible emission readings, boundaries established during the most heat content determination, flow rate recent performance test are exceeded. or bypass flow rate measurements, and (1) The following constitute exit velocity determinations made dur- exceedances that must be recorded and ing the performance test as specified in reported under § 60.767(g): § 60.18; continuous records of the flare (i) For enclosed combustors except pilot flame or flare flame monitoring for boilers and process heaters with de- and records of all periods of operations sign heat input capacity of 44

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megawatts (150 million British thermal showing each existing and planned col- units per hour) or greater, all 3-hour lector in the system and providing a periods of operation during which the unique identification location label for average temperature was more than 28 each collector. degrees Celsius (82 degrees Fahrenheit) (1) Each owner or operator subject to below the average combustion tem- the provisions of this subpart must perature during the most recent per- keep up-to-date, readily accessible formance test at which compliance records of the installation date and lo- with § 60.762(b)(2)(iii) was determined. cation of all newly installed collectors (ii) For boilers or process heaters, as specified under § 60.765(b). whenever there is a change in the loca- (2) Each owner or operator subject to tion at which the vent stream is intro- the provisions of this subpart must duced into the flame zone as required keep readily accessible documentation under paragraph (b)(3) of this section. of the nature, date of deposition, (2) Each owner or operator subject to amount, and location of asbestos-con- the provisions of this subpart must taining or nondegradable waste ex- keep up-to-date, readily accessible con- cluded from collection as provided in tinuous records of the indication of § 60.769(a)(3)(i) as well as any non- flow to the control system and the in- productive areas excluded from collec- dication of bypass flow or records of tion as provided in § 60.769(a)(3)(ii). monthly inspections of car-seals or (e) Except as provided in § 60.767(c)(2), lock-and-key configurations used to each owner or operator subject to the seal bypass lines, specified under provisions of this subpart must keep § 60.766. for at least 5 years up-to-date, readily (3) Each owner or operator subject to accessible records of the items in para- the provisions of this subpart who uses graphs (e)(1) through (5) of this section. a boiler or process heater with a design Each owner or operator that chooses to heat input capacity of 44 megawatts or comply with the provisions in §§ 63.1958, greater to comply with § 60.762(b)(2)(iii) 63.1960, and 63.1961 of this chapter, as must keep an up-to-date, readily acces- allowed at § 60.762(b)(2)(iv), must keep sible record of all periods of operation the records in paragraph (e)(6) of this of the boiler or process heater. (Exam- section and must keep records accord- ples of such records could include ing to §§ 63.1983(e)(1) through (5) of this records of steam use, fuel use, or moni- chapter in lieu of paragraphs (e)(1) toring data collected pursuant to other through (5) of this section. state, local, tribal, or federal regu- (1) All collection and control system latory requirements.) exceedances of the operational stand- (4) Each owner or operator seeking to ards in § 60.763, the reading in the sub- comply with the provisions of this subsequent month whether or not the sec- part by use of a non-enclosed flare ond reading is an exceedance, and the must keep up-to-date, readily acces- location of each exceedance. sible continuous records of the flame or (2) Each owner or operator subject to flare pilot flame monitoring specified the provisions of this subpart must under § 60.766(c), and up-to-date, readily also keep records of each wellhead tem- accessible records of all periods of op- perature monitoring value of 55 degrees eration in which the flame or flare Celsius (131 degrees Fahrenheit) or pilot flame is absent. above, each wellhead nitrogen level at (5) Each owner or operator of a land- or above 20 percent, and each wellhead fill seeking to comply with § 60.762(b)(2) oxygen level at or above 5 percent. using an active collection system de- (3) For any root cause analysis for signed in accordance with which corrective actions are required § 60.762(b)(2)(ii) must keep records of pe- in § 60.765(a)(3)(i) or (a)(5)(i), keep a riods when the collection system or record of the root cause analysis con- control device is not operating. ducted, including a description of the (d) Except as provided in § 60.767(c)(2), recommended corrective action(s) each owner or operator subject to the taken, and the date(s) the corrective provisions of this subpart must keep action(s) were completed. for the life of the collection system an (4) For any root cause analysis for up-to-date, readily accessible plot map which corrective actions are required

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in § 60.765(a)(3)(ii) or (a)(5)(ii), keep a ducted according to sections 8 and 10 of record of the root cause analysis con- Method 21 of appendix A of this part, ducted, the corrective action analysis, including all of the following items: the date for corrective action(s) al- (1) Calibration records: ready completed following the positive (i) Date of calibration and initials of pressure reading or high temperature operator performing the calibration. reading, and, for action(s) not already (ii) Calibration gas cylinder identi- completed, a schedule for implementa- fication, certification date, and cer- tion, including proposed commence- tified concentration. ment and completion dates. (iii) Instrument scale(s) used. (5) For any root cause analysis for (iv) A description of any corrective which corrective actions are required action taken if the meter readout could in § 60.765(a)(3)(iii) or (a)(5)(iii), keep a not be adjusted to correspond to the record of the root cause analysis con- calibration gas value. ducted, the corrective action analysis, (v) If an owner or operator makes the date for corrective action(s) al- their own calibration gas, a description ready completed following the positive of the procedure used. pressure reading or high temperature (2) Digital photographs of the instru- reading, for action(s) not already comment setup, including the wind barrier. pleted, a schedule for implementation, The photographs must be time and including proposed commencement and date-stamped and taken at the first completion dates, and a copy of any sampling location prior to sampling comments or final approval on the cor- and at the last sampling location after rective action analysis or schedule sampling at the end of each sampling from the regulatory agency. day, for the duration of the Tier 4 mon- (6) Each owner or operator that itoring demonstration. chooses to comply with the provisions (3) Timestamp of each surface scan in §§ 63.1958, 63.1960, and 63.1961 of this reading: chapter, as allowed at § 60.762(b)(2)(iv), must keep records of the date upon (i) Timestamp should be detailed to which the owner or operator started the nearest second, based on when the complying with the provisions in sample collection begins. §§ 63.1958, 63.1960, and 63.1961. (ii) A log for the length of time each (f) Landfill owners or operators who sample was taken using a stopwatch convert design capacity from volume (e.g., the time the probe was held over to mass or mass to volume to dem- the area). onstrate that landfill design capacity (4) Location of each surface scan is less than 2.5 million megagrams or reading. The owner or operator must 2.5 million cubic meters, as provided in determine the coordinates using an in- the definition of ‘‘design capacity’’, strument with an accuracy of at least must keep readily accessible, on-site 4 meters. Coordinates must be in dec- records of the annual recalculation of imal degrees with at least five decimal site-specific density, design capacity, places. and the supporting documentation. Off- (5) Monitored methane concentration site records may be maintained if they (parts per million) of each reading. are retrievable within 4 hours. Either (6) Background methane concentra- paper copy or electronic formats are tion (parts per million) after each in- acceptable. strument calibration test. (g) Landfill owners or operators seek- (7) Adjusted methane concentration ing to demonstrate that site-specific using most recent calibration (parts surface methane emissions are below per million). 500 parts per million by conducting sur- (8) For readings taken at each surface emission monitoring under the face penetration, the unique identifica- Tier 4 procedures specified in tion location label matching the label § 60.764(a)(6) must keep for at least 5 specified in paragraph (d) of this sec- years up-to-date, readily accessible tion. records of all surface emissions moni- (9) Records of the operating hours of toring and information related to mon- the gas collection system for each de- itoring instrument calibrations construction device.

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(h) Except as provided in § 60.767(c)(2), tion with closure end use, air intrusion each owner or operator subject to the control, corrosion resistance, fill set- provisions of this subpart must keep tlement, resistance to the refuse de- for at least 5 years up-to-date, readily composition heat, and ability to isolate accessible records of all collection and individual components or sections for control system monitoring data for pa- repair or troubleshooting without shut- rameters measured in § 60.766(a)(1), (2), ting down entire collection system. and (3). (2) The sufficient density of gas col- (i) Any records required to be main- lection devices determined in para- tained by this subpart that are sub- graph (a)(1) of this section must ad- mitted electronically via the EPA’s dress landfill gas migration issues and CDX may be maintained in electronic augmentation of the collection system format. through the use of active or passive (j) For each owner or operator report- systems at the landfill perimeter or ex- ing leachate or other liquids addition terior. under § 60.767(k), keep records of any (3) The placement of gas collection engineering calculations or company devices determined in paragraph (a)(1) records used to estimate the quantities of leachate or liquids added, the sur- of this section must control all gas pro- face areas for which the leachate or liq- ducing areas, except as provided by uids were applied, and the estimates of paragraphs (a)(3)(i) and (ii) of this sec- annual waste acceptance or total waste tion. in place in the areas where leachate or (i) Any segregated area of asbestos or liquids were applied. nondegradable material may be excluded from collection if documented [81 FR 59368, Aug. 29, 2016, as amended at 85 as provided under § 60.768(d). The docu- FR 17261, Mar. 26, 2020] mentation must provide the nature, § 60.769 Specifications for active col- date of deposition, location and lection systems. amount of asbestos or nondegradable (a) Each owner or operator seeking to material deposited in the area, and comply with § 60.762(b)(2)(i) must site must be provided to the Administrator active collection wells, horizontal col- upon request. lectors, surface collectors, or other ex- (ii) Any nonproductive area of the traction devices at a sufficient density landfill may be excluded from control, throughout all gas producing areas provided that the total of all excluded using the following procedures unless areas can be shown to contribute less alternative procedures have been ap- than 1 percent of the total amount of proved by the Administrator as pro- NMOC emissions from the landfill. The vided in § 60.767(c)(2) and (3): amount, location, and age of the mate- (1) The collection devices within the rial must be documented and provided interior must be certified to achieve to the Administrator upon request. A comprehensive control of surface gas separate NMOC emissions estimate emissions by a professional engineer. must be made for each section proposed The following issues must be addressed for exclusion, and the sum of all such in the design: Depths of refuse, refuse sections must be compared to the gas generation rates and flow charac- NMOC emissions estimate for the en- teristics, cover properties, gas system tire landfill. expandability, leachate and condensate (A) The NMOC emissions from each management, accessibility, compat- section proposed for exclusion must be ibility with filling operations, integra- computed using Equation 7:

Where: k = Methane generation rate constant, ¥ th year 1. Qi = NMOC emission rate from the i section, megagrams per year.

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Lo = Methane generation potential, cubic entry without head loss sufficient to meters per megagram solid waste. impair performance across the in- Mi = Mass of the degradable solid waste in tended extent of control. Perforations the ith section, megagram. th must be situated with regard to the ti = Age of the solid waste in the i section, years. need to prevent excessive air infiltra- CNMOC = Concentration of nonmethane or- tion. ganic compounds, parts per million by (2) Vertical wells must be placed so volume. as not to endanger underlying liners 3.6 × 10¥9 = Conversion factor. and must address the occurrence of (B) If the owner/operator is proposing water within the landfill. Holes and to exclude, or cease gas collection and trenches constructed for piped wells control from, nonproductive physically and horizontal collectors must be of separated (e.g., separately lined) closed sufficient cross-section so as to allow areas that already have gas collection for their proper construction and com- systems, NMOC emissions from each physically separated closed area must pletion including, for example, cen- be computed using either Equation 3 in tering of pipes and placement of gravel § 60.764(b) or Equation 7 in paragraph backfill. Collection devices must be de- (a)(3)(ii)(A) of this section. signed so as not to allow indirect short circuiting of air into the cover or (iii) The values for k and CNMOC determined in field testing must be used if refuse into the collection system or gas field testing has been performed in de- into the air. Any gravel used around termining the NMOC emission rate or pipe perforations should be of a dimen- the radii of influence (this distance sion so as not to penetrate or block from the well center to a point in the perforations. landfill where the pressure gradient ap- (3) Collection devices may be con- plied by the blower or compressor ap- nected to the collection header pipes proaches zero). If field testing has not below or above the landfill surface. The been performed, the default values for connector assembly must include a k, Lo and CNMOC provided in § 60.764(a)(1) positive closing throttle valve, any or the alternative values from necessary seals and couplings, access § 60.764(a)(5) must be used. The mass of couplings and at least one sampling nondegradable solid waste contained port. The collection devices must be within the given section may be sub- constructed of PVC, HDPE, fiberglass, tracted from the total mass of the sec- stainless steel, or other nonporous mation when estimating emissions pro- terial of suitable thickness. vided the nature, location, age, and amount of the nondegradable material (c) Each owner or operator seeking to is documented as provided in paragraph comply with § 60.762(b)(2)(iii) must con- (a)(3)(i) of this section. vey the landfill gas to a control system (b) Each owner or operator seeking to in compliance with § 60.762(b)(2)(iii) comply with § 60.762(b)(2)(ii)(A) con- through the collection header pipe(s). struct the gas collection devices using The gas mover equipment must be the following equipment or procedures: sized to handle the maximum gas gen- (1) The landfill gas extraction compo- eration flow rate expected over the in- nents must be constructed of polyvinyl tended use period of the gas moving chloride (PVC), high density poly- equipment using the following proce- ethylene (HDPE) pipe, fiberglass, stain- dures: less steel, or other nonporous corrosion (1) For existing collection systems, resistant material of suitable dimen- the flow data must be used to project sions to: Convey projected amounts of the maximum flow rate. If no flow data gases; withstand installation, static, exists, the procedures in paragraph and settlement forces; and withstand (c)(2) of this section must be used. planned overburden or traffic loads. (2) For new collection systems, the The collection system must extend as maximum flow rate must be in accord- necessary to comply with emission and migration standards. Collection de- ance with § 60.765(a)(1). vices such as wells and horizontal collectors must be perforated to allow gas Subparts YYY–ZZZ [Reserved]

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Subpart AAAA—Standards of Per- (1) Commenced construction after formance for Small Municipal August 30, 1999. Waste Combustion Units for (2) Commenced reconstruction or modification after June 6, 2001. Which Construction is Com- (b) This subpart does not apply to menced After August 30, 1999 your municipal waste combustion unit or for Which Modification or if you make physical or operational Reconstruction is Com- changes to an existing municipal waste menced After June 6, 2001 combustion unit primarily to comply with the emission guidelines in subpart SOURCE: 65 FR 76355, Dec. 6, 2000, unless BBBB of this part. Such changes do not otherwise noted. qualify as reconstruction or modification under this subpart. INTRODUCTION § 60.1020 Does this subpart allow any § 60.1000 What does this subpart do? exemptions? This subpart establishes new source (a) Small municipal waste combustion performance standards for new small units that combust less than 11 tons per municipal waste combustion units. day. You are exempt from this subpart if you meet four requirements: § 60.1005 When does this subpart be- (1) Your municipal waste combustion come effective? unit is subject to a federally enforce- This subpart takes effect June 6, 2001. able permit limiting the amount of Some of the requirements in this sub- municipal solid waste combusted to part apply to municipal waste combus- less than 11 tons per day. tion unit planning and must be com- (2) You notify the Administrator that pleted before construction is com- the unit qualifies for the exemption. menced on the municipal waste com- (3) You provide the Administrator bustion unit. In particular, the with a copy of the federally enforceable preconstruction requirements in permit. §§ 60.1050 through 60.1150 must be com- (4) You keep daily records of the pleted prior to commencing construc- amount of municipal solid waste com- tion. Other requirements (such as the busted. emission limits) apply when the munic- (b) Small power production facilities. ipal waste combustion unit begins op- You are exempt from this subpart if eration. you meet four requirements: (1) Your unit qualifies as a small APPLICABILITY power production facility under section 3(17)(C) of the Federal Power Act (16 § 60.1010 Does this subpart apply to U.S.C. 796(17)(C)). my municipal waste combustion (2) Your unit combusts homogeneous unit? waste (excluding refuse-derived fuel) to Yes, if your municipal waste combus- produce electricity. tion unit meets two criteria: (3) You notify the Administrator that (a) Your municipal waste combustion the unit qualifies for the exemption. unit is a new municipal waste combus- (4) You provide the Administrator tion unit. with documentation that the unit (b) Your municipal waste combustion qualifies for the exemption. unit has the capacity to combust at (c) Cogeneration facilities. You are ex- least 35 tons per day but no more than empt from this subpart if you meet 250 tons per day of municipal solid four requirements: waste or refuse-derived fuel. (1) Your unit qualifies as a cogeneration facility under section 3(18)(B) of § 60.1015 What is a new municipal the Federal Power Act (16 U.S.C. waste combustion unit? 796(18)(B)). (a) A new municipal waste combus- (2) Your unit combusts homogeneous tion unit is a municipal waste combus- waste (excluding refuse-derived fuel) to tion unit that meets either of two cri- produce electricity and steam or other teria: forms of energy used for industrial,

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commercial, heating, or cooling pur- marketed from chemical plants and pe- poses. troleum refineries. (3) You notify the Administrator that (4) You keep the name and address of the unit qualifies for the exemption. the purchaser of those feed stocks. (4) You provide the Administrator (i) Units that combust fuels made from with documentation that the unit products of plastics/rubber recycling qualifies for the exemption. plants. You are exempt from this sub- (d) Municipal waste combustion units part if you meet two requirements: that combust only tires. You are exempt (1) Your unit combusts gasoline, die- from this subpart if you meet three re- sel fuel, jet fuel, fuel oils, residual oil, quirements: refinery gas, petroleum coke, liquified (1) Your municipal waste combustion petroleum gas, propane, or butane pro- unit combusts a single-item waste duced by chemical plants or petroleum stream of tires and no other municipal refineries that use feedstocks produced waste (the unit can co-fire coal, fuel by plastics/rubber recycling units. oil, natural gas, or other nonmunicipal (2) Your unit does not combust any solid waste). other municipal solid waste. (2) You notify the Administrator that (j) Cement kilns. You are exempt from the unit qualifies for the exemption. this subpart if your cement kiln com- (3) You provide the Administrator busts municipal solid waste. with documentation that the unit (k) Air curtain incinerators. If your air qualifies for the exemption. curtain incinerator (see § 60.1465 for def- (e) Hazardous waste combustion units. inition) combusts 100 percent yard You are exempt from this subpart if waste, you must meet only the require- you get a permit for your unit under ments under ‘‘Air Curtain Incinerators section 3005 of the Solid Waste Disposal That Burn 100 Percent Yard Waste’’ Act. (§§ 60.1435 through 60.1455). (f) Materials recovery units. You are exempt from this subpart if your unit § 60.1025 Do subpart E new source performance standards also apply to combusts waste mainly to recover met- my municipal waste combustion als. Primary and secondary smelters unit? qualify for the exemption. If this subpart AAAA applies to your (g) Co-fired combustors. You are ex- municipal waste combustion unit, then empt from this subpart if you meet subpart E of this part does not apply to four requirements: your municipal waste combustion unit. (1) Your unit has a federally enforceable permit limiting the combustion of § 60.1030 Can the Administrator dele- municipal solid waste to 30 percent of gate authority to enforce these Fed- the total fuel input by weight. eral new source performance stand- (2) You notify the Administrator that ards to a State agency? the unit qualifies for the exemption. Yes, the Administrator can delegate (3) You provide the Administrator all authorities in all sections of this with a copy of the federally enforceable subpart to the State for direct State permit. enforcement. (4) You record the weights, each quarter, of municipal solid waste and § 60.1035 How are these new source of all other fuels combusted. performance standards structured? (h) Plastics/rubber recycling units. You These new source performance stand- are exempt from this subpart if you ards contain five major components: meet four requirements: (a) Preconstruction requirements. (1) Your pyrolysis/combustion unit is (1) Materials separation plan. an integrated part of a plastics/rubber (2) Siting analysis. recycling unit as defined under ‘‘Defi- (b) Good combustion practices. nitions’’ (§ 60.1465). (1) Operator training. (2) You record the weights, each (2) Operator certification. quarter, of plastics, rubber, and rubber (3) Operating requirements. tires processed. (c) Emission limits. (3) You record the weights, each (d) Monitoring and stack testing. quarter, of feed stocks produced and (e) Recordkeeping and reporting.

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§ 60.1040 Do all five components of PRECONSTRUCTION REQUIREMENTS: these new source performance MATERIALS SEPARATION PLAN standards apply at the same time? No, you must meet the § 60.1050 Who must submit a materials preconstruction requirements before separation plan? you commence construction of the mu- (a) You must prepare a materials sep- nicipal waste combustion unit. After aration plan for your municipal waste the municipal waste combustion unit combustion unit if you commence con- begins operation, you must meet all of struction of a new small municipal the good combustion practices, emis- waste combustion unit after December sion limits, monitoring, stack testing, 6, 2000. and most recordkeeping and reporting (b) If you commence construction of requirements. your municipal waste combustion unit after August 30, 1999 but before Decem- § 60.1045 Are there different subcat- ber 6, 2000, you are not required to pre- egories of small municipal waste pare the materials separation plan combustion units within this sub- specified in this subpart. part? (c) You must prepare a materials sep- (a) Yes, this subpart subcategorizes aration plan if you are required to sub- small municipal waste combustion mit an initial application for a con- units into two groups based on the ag- struction permit, under 40 CFR part 51, gregate capacity of the municipal subpart I, or part 52, as applicable, for waste combustion plant as follows: the reconstruction or modification of (1) Class I Units. Class I units are your municipal waste combustion unit. small municipal waste combustion units that are located at municipal § 60.1055 What is a materials separa- waste combustion plants with an ag- tion plan? gregate plant combustion capacity The plan identifies a goal and an ap- greater than 250 tons per day of munic- proach for separating certain compo- ipal solid waste. (See the definition of nents of municipal solid waste for a ‘‘municipal waste combustion plant ca- given service area prior to waste com- pacity’’ in § 60.1465 for specification of bustion and making them available for which units at a plant are included in recycling. the aggregate capacity calculation.) (2) Class II Units. Class II units are § 60.1060 What steps must I complete small municipal waste combustion for my materials separation plan? units that are located at municipal (a) For your materials separation waste combustion plants with an ag- plan, you must complete nine steps: gregate plant combustion capacity less than or equal to 250 tons per day of mu- (1) Prepare a draft materials separa- nicipal solid waste. (See the definition tion plan. of ‘‘municipal waste combustion plant (2) Make your draft plan available to capacity’’ in § 60.1465 for specification the public. of which units at a plant are included (3) Hold a public meeting on your in the aggregate capacity calculation.) draft plan. (b) The requirements for Class I and (4) Prepare responses to public com- Class II units are identical except for ments received during the public com- two items: ment period on your draft plan. (1) Class I units have a nitrogen ox- (5) Prepare a revised materials sepa- ides emission limit. Class II units do ration plan. not have a nitrogen oxides emission (6) Discuss the revised plan at the limit (see table 1 of this subpart). Addi- public meeting for review of the siting tionally, Class I units have continuous analysis. emission monitoring, recordkeeping, (7) Prepare responses to public com- and reporting requirements for nitro- ments received on your revised plan. gen oxides. (8) Prepare a final materials separa- (2) Class II units are eligible for the tion plan. reduced testing option provided in (9) Submit the final materials separa- § 60.1305. tion plan.

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(b) You may use analyses conducted (5) An agenda of the topics that will under the requirements of 40 CFR part be discussed at the public meeting. 51, subpart I, or part 52, to comply with (6) The beginning and ending dates of some of the materials separation re- the public comment period on your quirements of this subpart. draft materials separation plan.

§ 60.1065 What must I include in my § 60.1075 When must I accept com- draft materials separation plan? ments on the materials separation (a) You must prepare and submit a plan? draft materials separation plan for (a) You must accept verbal comments your municipal waste combustion unit at the public meeting. and its service area. (b) You must accept written com- (b) Your draft materials separation ments anytime during the period that plan must identify a goal and an ap- begins on the date the document is dis- proach for separating certain compo- tributed to the main public libraries nents of municipal solid waste for a and ends 30 days after the date of the given service area prior to waste com- public meeting. bustion and making them available for recycling. A materials separation plan § 60.1080 Where and when must I hold may include such elements as dropoff a public meeting on my draft materials separation plan? facilities, buy-back or deposit-return incentives, programs for curbside pick- (a) You must hold a public meeting up, and centralized systems for me- and accept comments on your draft chanical separation. materials separation plan. (c) Your materials separation plan (b) You must hold the public meeting may include different goals or ap- in the county where you will construct proaches for different subareas in the the municipal waste combustion unit. service area. (c) You must schedule the public (d) Your materials separation plan meeting to occur at least 30 days after may exclude materials separation ac- you make your draft materials separa- tivities for certain subareas or, if war- tion plan available to the public. ranted, the entire service area. (d) You may combine the public meeting with any other public meeting § 60.1070 How do I make my draft ma- required as part of any other Federal, terials separation plan available to State, or local permit review. However, the public? you may not combine it with the pub- (a) Distribute your draft materials lic meeting required for the siting separation plan to the main public li- analysis under ‘‘Preconstruction Re- braries in the area where you will con- quirements: Siting Analysis’’ (§ 60.1140). struct the municipal waste combustion (e) You are encouraged to address unit. eight topics at the public meeting for (b) Publish a notice of a public meet- your draft materials separation plan: ing in the main newspapers that serve (1) Expected size of the service area two areas: for your municipal waste combustion (1) The area where you will construct unit. the municipal waste combustion unit. (2) Amount of waste you will collect (2) The areas where the waste that in the service area. your municipal waste combustion unit (3) Types and estimated amounts of combusts will be collected. materials proposed for separation. (c) Include six items in your notice of (4) Methods proposed for materials the public meeting: separation. (1) The date of the public meeting. (5) Amount of residual waste for dis- (2) The time of the public meeting. posal. (3) The location of the public meet- (6) Alternate disposal methods for ing. handling the residual waste. (4) The location of the public librar- (7) Where your responses to public ies where the public can find your ma- comments on the draft materials sepa- terials separation plan. Include the ration plan will be available for inspec- normal business hours of each library. tion.

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(8) Where your revised materials sep- ment period on your draft materials aration plan will be available for in- separation plan. spection. (b) Make your revised materials sepa- (f) You must prepare a transcript of ration plan available to the public as the public meeting on your draft mate- part of the siting analysis procedures rials separation plan. under ‘‘Preconstruction Requirements: Siting Analysis’’ (§ 60.1130). § 60.1085 What must I do with any public comments I receive during the § 60.1095 What must I include in the public comment period on my draft materials separation plan? public meeting on my revised materials separation plan? You must do three steps: As part of the public meeting for re- (a) Prepare written responses to any public comments you received during view of the siting analysis, as specified the public comment period. Summarize under ‘‘Preconstruction Requirements: the responses to public comments in a Siting Analysis’’ (§ 60.1140), you must document that is separate from your discuss two areas: revised materials separation plan. (a) Differences between your revised (b) Make the comment response doc- materials separation plan and your ument available to the public in the draft materials separation plan dis- service area where you will construct cussed at the first public meeting your municipal waste combustion unit. (§ 60.1080). You must distribute the document at (b) Questions about your revised ma- least to the main public libraries used terials separation plan. to announce the public meeting. (c) Prepare a revised materials sepa- § 60.1100 What must I do with any pub- ration plan for the municipal waste lic comments I receive on my re- combustion unit that includes, as ap- vised materials separation plan? propriate, changes made in response to (a) Prepare written responses to any any public comments you received dur- public comments and include them in ing the public comment period. the document that summarizes your responses to public comments on the § 60.1090 What must I do with my re- siting analysis. vised materials separation plan? (b) Prepare a final materials separa- You must do two tasks: tion plan that includes, as appropriate, (a) As specified under ‘‘Reporting’’ changes made in response to any public (§ 60.1375), submit five items to the Ad- comments you received on your revised ministrator by the date you submit the materials separation plan. application for a construction permit under 40 CFR part 51, subpart I, or part § 60.1105 How do I submit my final ma- 52. (If you are not required to submit terials separation plan? an application for a construction permit under 40 CFR part 51, subpart I, or As specified under ‘‘Reporting’’ part 52, submit five items to the Ad- (§ 60.1380), submit your final materials ministrator by the date of your notice separation plan to the Administrator of construction under § 60.1380): as part of the notice of construction for (1) Your draft materials separation the municipal waste combustion unit. plan. (2) Your revised materials separation PRECONSTRUCTION REQUIREMENTS: plan. SITING ANALYSIS (3) Your notice of the public meeting § 60.1110 Who must submit a siting for your draft materials separation analysis? plan. (4) A transcript of the public meeting (a) You must prepare a siting anal- on your draft materials separation ysis if you commence construction of a plan. small municipal waste combustion unit (5) The document that summarizes after December 6, 2000. your responses to the public comments (b) If you commence construction on you received during the public com- your municipal waste combustion unit

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after August 30, 1999, but before Decem- § 60.1130 How do I make my siting ber 6, 2000, you are not required to pre- analysis available to the public? pare the siting analysis specified in (a) Distribute your siting analysis this subpart. and revised materials separation plan (c) You must prepare a siting anal- to the main public libraries in the area ysis if you are required to submit an where you will construct your munic- initial application for a construction ipal waste combustion unit. permit, under 40 CFR part 51, subpart I, (b) Publish a notice of a public meet- or part 52, as applicable, for the recon- ing in the main newspapers that serve struction or modification of your mu- two areas: nicipal waste combustion unit. (1) The area where you will construct § 60.1115 What is a siting analysis? your municipal waste combustion unit. (2) The areas where the waste that The siting analysis addresses how your municipal waste combustion unit your municipal waste combustion unit combusts will be collected. affects ambient air quality, visibility, (c) Include six items in your notice of soils, vegetation, and other relevant the public meeting: factors. The analysis can be used to de- (1) The date of the public meeting. termine whether the benefits of your (2) The time of the public meeting. proposed facility significantly out- weigh the environmental and social (3) The location of the public meet- costs resulting from its location and ing. construction. The analysis must also (4) The location of the public librar- consider other major industrial facili- ies where the public can find your ties near the proposed site. siting analysis and revised materials separation plan. Include the normal § 60.1120 What steps must I complete business hours of each library. for my siting analysis? (5) An agenda of the topics that will (a) For your siting analysis, you be discussed at the public meeting. must complete five steps: (6) The beginning and ending dates of (1) Prepare an analysis. the public comment period on your siting analysis and revised materials (2) Make your analysis available to separation plan. the public. (3) Hold a public meeting on your § 60.1135 When must I accept com- analysis. ments on the siting analysis and re- (4) Prepare responses to public com- vised materials separation plan? ments received on your analysis. (a) You must accept verbal comments (5) Submit your analysis. at the public meeting. (b) You may use analyses conducted (b) You must accept written com- under the requirements of 40 CFR part ments anytime during the period that 51, subpart I, or part 52, to comply with begins on the date the document is dis- some of the siting analysis require- tributed to the main public libraries ments of this subpart. and ends 30 days after the date of the public meeting. § 60.1125 What must I include in my siting analysis? § 60.1140 Where and when must I hold (a) Include an analysis of how your a public meeting on the siting anal- municipal waste combustion unit af- ysis? fects four areas: (a) You must hold a public meeting (1) Ambient air quality. to discuss and accept comments on (2) Visibility. your siting analysis and your revised (3) Soils. materials separation plan. (4) Vegetation. (b) You must hold the public meeting (b) Include an analysis of alter- in the county where you will construct natives for controlling air pollution your municipal waste combustion unit. that minimize potential risks to the (c) You must schedule the public public health and the environment. meeting to occur at least 30 days after

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you make your siting analysis and re- U.S. Environmental Protection Agency vised materials separation plan avail- (EPA) or a State-approved training able to the public. course. (d) You must prepare a transcript of (b) Training of plant personnel using the public meeting on your siting anal- a plant-specific training course. ysis. § 60.1160 Who must complete the oper- § 60.1145 What must I do with any pub- ator training course? By when? lic comments I receive during the public comment period on my siting (a) Three types of employees must analysis? complete the EPA or State-approved operator training course: You must do three things: (a) Prepare written responses to any (1) Chief facility operators. public comments on your siting anal- (2) Shift supervisors. ysis and the revised materials separa- (3) Control room operators. tion plan you received during the pub- (b) Those employees must complete lic comment period. Summarize the re- the operator training course by the sponses to public comments in a docu- later of three dates: ment that is separate from your mate- (1) Six months after your municipal rials separation plan and siting anal- waste combustion unit initial startup. ysis. (2) December 6, 2001. (b) Make the comment response doc- (3) The date before an employee as- ument available to the public in the sumes responsibilities that affect oper- service area where you will construct ation of the municipal waste combus- your municipal waste combustion unit. tion unit. You must distribute the document at least to the main public libraries used § 60.1165 Who must complete the to announce the public meeting for the plant-specific training course? siting analysis. All employees with responsibilities (c) Prepare a revised siting analysis that affect how a municipal waste com- for the municipal waste combustion bustion unit operates must complete unit that includes, as appropriate, the plant-specific training course. In- changes made in response to any public clude at least six types of employees: comments you received during the pub- (a) Chief facility operators. lic comment period. (b) Shift supervisors. (c) Control room operators. § 60.1150 How do I submit my siting (d) Ash handlers. analysis? (e) Maintenance personnel. As specified under ‘‘Reporting’’ (f) Crane or load handlers. (§ 60.1380), submit four items as part of the notice of construction: § 60.1170 What plant-specific training (a) Your siting analysis. must I provide? (b) Your notice of the public meeting For plant-specific training, you must on your siting analysis. do four things: (c) A transcript of the public meeting (a) For training at a particular plant, on your siting analysis. develop a specific operating manual for (d) The document that summarizes that plant by the later of two dates: your responses to the public comments (1) Six months after your municipal you received during the public com- waste combustion unit initial startup. ment period. (2) December 6, 2001. GOOD COMBUSTION PRACTICES: (b) Establish a program to review the OPERATOR TRAINING plant-specific operating manual with people whose responsibilities affect the § 60.1155 What types of training must I operation of your municipal waste do? combustion unit. Complete the initial There are two types of required review by the later of three dates: training: (1) Six months after your municipal (a) Training of operators of munic- waste combustion unit initial startup. ipal waste combustion units using the (2) December 6, 2001.

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(3) The date before an employee as- GOOD COMBUSTION PRACTICES: sumes responsibilities that affect oper- OPERATOR CERTIFICATION ation of the municipal waste combustion unit. § 60.1185 What types of operator cer- (c) Update your manual annually. tification must the chief facility operator and shift supervisor obtain (d) Review your manual with staff and by when must they obtain it? annually. (a) Each chief facility operator and § 60.1175 What information must I in- shift supervisor must obtain and keep a clude in the plant-specific oper- current provisional operator certifi- ating manual? cation from the American Society of You must include 11 items in the op- Mechanical Engineers (QRO–1–1994) (in- erating manual for your plant: corporated by reference in § 60.17(h)(1)) (a) A summary of all applicable re- or a current provisional operator cer- quirements in this subpart. tification from your State certification (b) A description of the basic combus- program. tion principles that apply to municipal (b) Each chief facility operator and waste combustion units. shift supervisor must obtain a provi- (c) Procedures for receiving, han- sional certification by the later of dling, and feeding municipal solid three dates: waste. (1) Six months after the municipal (d) Procedures to be followed during waste combustion unit initial startup. periods of startup, shutdown, and mal- (2) December 6, 2001. function of the municipal waste com- (3) Six months after they transfer to bustion unit. the municipal waste combustion unit (e) Procedures for maintaining a or 6 months after they are hired to proper level of combustion air supply. work at the municipal waste combus- (f) Procedures for operating the mu- tion unit. nicipal waste combustion unit in com- (c) Each chief facility operator and pliance with the requirements con- shift supervisor must take one of three tained in this subpart. actions: (g) Procedures for responding to peri- (1) Obtain a full certification from odic upset or off-specification condi- the American Society of Mechanical tions. Engineers or a State certification pro- (h) Procedures for minimizing carry- gram in your State. over of particulate matter. (2) Schedule a full certification exam (i) Procedures for handling ash. with the American Society of Mechan- (j) Procedures for monitoring emis- ical Engineers (QRO–1–1994) (incor- sions from the municipal waste com- porated by reference in § 60.17(h)(1)). bustion unit. (3) Schedule a full certification exam (k) Procedures for recordkeeping and with your State certification program. reporting. (d) The chief facility operator and shift supervisor must obtain the full § 60.1180 Where must I keep the plant- certification or be scheduled to take specific operating manual? the certification exam by the later of You must keep your operating man- three dates: ual in an easily accessible location at (1) Six months after the municipal your plant. It must be available for re- waste combustion unit initial startup. view or inspection by all employees (2) December 6, 2001. who must review it and by the Admin- (3) Six months after they transfer to istrator. the municipal waste combustion unit or 6 months after they are hired to work at the municipal waste combustion unit.

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§ 60.1190 After the required date for ties without notice to, or approval by, operator certification, who may op- the Administrator. However, you must erate the municipal waste combus- take two actions: tion unit? (1) Notify the Administrator in writ- After the required date for full or ing. In the notice, state what caused provisional certifications, you must the absence and what you are doing to not operate your municipal waste com- ensure that a certified chief facility op- bustion unit unless one of four employ- erator or certified shift supervisor is ees is on duty: onsite. (a) A fully certified chief facility op- (2) Submit a status report and correc- erator. tive action summary to the Adminis- (b) A provisionally certified chief fa- trator every 4 weeks following the ini- cility operator who is scheduled to tial notification. If the Administrator take the full certification exam. notifies you that your status report or (c) A fully certified shift supervisor. corrective action summary is dis- (d) A provisionally certified shift su- approved, the municipal waste combus- pervisor who is scheduled to take the tion unit may continue operation for 90 full certification exam. days, but then must cease operation. If corrective actions are taken in the 90- § 60.1195 What if all the certified oper- day period such that the Administrator ators must be temporarily offsite? withdraws the disapproval, municipal If the certified chief facility operator waste combustion unit operation may and certified shift supervisor both are continue. unavailable, a provisionally certified GOOD COMBUSTION PRACTICES: control room operator at the municipal OPERATING REQUIREMENTS waste combustion unit may fulfill the certified operator requirement. De- § 60.1200 What are the operating prac- pending on the length of time that a tice requirements for my municipal certified chief facility operator and waste combustion unit? certified shift supervisor are away, you (a) You must not operate your mu- must meet one of three criteria: nicipal waste combustion unit at loads (a) When the certified chief facility greater than 110 percent of the max- operator and certified shift supervisor imum demonstrated load of the munic- are both offsite for 12 hours or less, and ipal waste combustion unit (4-hour no other certified operator is onsite, block average), as specified under the provisionally certified control ‘‘Definitions’’ (§ 60.1465). room operator may perform those du- (b) You must not operate your mu- ties without notice to, or approval by, nicipal waste combustion unit so that the Administrator. the temperature at the inlet of the par- (b) When the certified chief facility ticulate matter control device exceeds operator and certified shift supervisor 17 °C above the maximum dem- are offsite for more than 12 hours, but onstrated temperature of the particu- for 2 weeks or less, and no other cer- late matter control device (4-hour tified operator is onsite, the provision- block average), as specified under ally certified control room operator ‘‘Definitions’’ (§ 60.1465). may perform those duties without no- (c) If your municipal waste combus- tice to, or approval by, the Adminis- tion unit uses activated carbon to con- trator. However, you must record the trol dioxins/furans or mercury emis- period when the certified chief facility sions, you must maintain an 8-hour operator and certified shift supervisor block average carbon feed rate at or are offsite and include that informa- above the highest average level estab- tion in the annual report as specified lished during the most recent dioxins/ under § 60.1410(l). furans or mercury test. (c) When the certified chief facility (d) If your municipal waste combus- operator and certified shift supervisor tion unit uses activated carbon to con- are offsite for more than 2 weeks, and trol dioxins/furans or mercury emis- no other certified operator is onsite, sions, you must evaluate total carbon the provisionally certified control usage for each calendar quarter. The room operator may perform those du- total amount of carbon purchased and

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delivered to your municipal waste com- EMISSION LIMITS bustion plant must be at or above the required quarterly usage of carbon. At § 60.1210 What pollutants are regu- your option, you may choose to evalu- lated by this subpart? ate required quarterly carbon usage on Eleven pollutants, in four groupings, a municipal waste combustion unit are regulated: basis for each individual municipal (a) Organics. Dioxins/furans. waste combustion unit at your plant. (b) Metals. (1) Cadmium. Calculate the required quarterly usage (2) Lead. of carbon using equation 4 or 5 in (3) Mercury. § 60.1460(f). (4) Opacity. (e) Your municipal waste combustion (5) Particulate matter. unit is exempt from limits on load (c) Acid gases. (1) Hydrogen chloride. level, temperature at the inlet of the (2) Nitrogen oxides. particulate matter control device, and (3) Sulfur dioxide. carbon feed rate during any of five sit- (d) Other. (1) Carbon monoxide. (2) Fugitive ash. uations: (1) During your annual tests for § 60.1215 What emission limits must I dioxins/furans. meet? By when? (2) During your annual mercury tests You must meet the emission limits (for carbon feed rate requirements specified in tables 1 and 2 of this sub- only). part. You must meet the limits 60 days (3) During the 2 weeks preceding your after your municipal waste combustion annual tests for dioxins/furans. unit reaches the maximum load level (4) During the 2 weeks preceding your but no later than 180 days after its ini- annual mercury tests (for carbon feed tial startup. rate requirements only). (5) Whenever the Administrator or § 60.1220 What happens to the emis- delegated State authority permits you sion limits during periods of startup, shutdown, and malfunction? to do any of five activities: (i) Evaluate system performance. (a) The emission limits of this subpart apply at all times except during (ii) Test new technology or control periods of municipal waste combustion technologies. unit startup, shutdown, or malfunc- (iii) Perform diagnostic testing. tion. (iv) Perform other activities to im- (b) Each startup, shutdown, or mal- prove the performance of your munic- function must not last for longer than ipal waste combustion unit. 3 hours. (v) Perform other activities to ad- (c) A maximum of 3 hours of test vance the state of the art for emission data can be dismissed from compliance controls for your municipal waste com- calculations during periods of startup, bustion unit. shutdown, or malfunction. (d) During startup, shutdown, or mal- § 60.1205 What happens to the oper- function periods longer than 3 hours, ating requirements during periods emissions data cannot be discarded of startup, shutdown, and malfunc- from compliance calculations and all tion? provisions under § 60.11(d) apply. (a) The operating requirements of this subpart apply at all times except CONTINUOUS EMISSION MONITORING during periods of municipal waste com- § 60.1225 What types of continuous bustion unit startup, shutdown, or mal- emission monitoring must I per- function. form? (b) Each startup, shutdown, or mal- To continuously monitor emissions, function must not last for longer than you must perform four tasks: 3 hours. (a) Install continuous emission monitoring systems for certain gaseous pollutants.

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(b) Make sure your continuous emis- use an alternative monitoring method sion monitoring systems are operating under § 60.13(i). correctly. (c) Make sure you obtain the min- § 60.1235 How are the data from the imum amount of monitoring data. continuous emission monitoring systems used? (d) Install a continuous opacity monitoring system. You must use data from the continuous emission monitoring systems for § 60.1230 What continuous emission sulfur dioxide, nitrogen oxides, and monitoring systems must I install carbon monoxide to demonstrate con- for gaseous pollutants? tinuous compliance with the emission (a) You must install, calibrate, main- limits specified in tables 1 and 2 of this tain, and operate continuous emission subpart. To demonstrate compliance monitoring systems for oxygen (or car- for dioxins/furans, cadmium, lead, mer- bon dioxide), sulfur dioxide, and carbon cury, particulate matter, opacity, hy- monoxide. If you operate a Class I mu- drogen chloride, and fugitive ash, see nicipal waste combustion unit, you § 60.1290. must also install, calibrate, maintain, § 60.1240 How do I make sure my con- and operate a continuous emission tinuous emission monitoring sys- monitoring system for nitrogen oxides. tems are operating correctly? Install the continuous emission moni- (a) Conduct initial, daily, quarterly, toring systems for sulfur dioxide, ni- and annual evaluations of your contin- trogen oxides, and oxygen (or carbon uous emission monitoring systems that dioxide) at the outlet of the air pollu- measure oxygen (or carbon dioxide), tion control device. sulfur dioxide, nitrogen oxides (Class I (b) You must install, evaluate, and municipal waste combustion units operate each continuous emission mon- only), and carbon monoxide. itoring system according to the ‘‘Mon- (b) Complete your initial evaluation itoring Requirements’’ in § 60.13. of the continuous emission monitoring (c) You must monitor the oxygen (or systems within 60 days after your mu- carbon dioxide) concentration at each nicipal waste combustion unit reaches location where you monitor sulfur di- the maximum load level at which it oxide and carbon monoxide. Addition- will operate, but no later than 180 days ally, if you operate a Class I municipal after its initial startup. waste combustion unit, you must also (c) For initial and annual evalua- monitor the oxygen (or carbon dioxide) tions, collect data concurrently (or concentration at the location where within 30 to 60 minutes) using your ox- you monitor nitrogen oxides. ygen (or carbon dioxide) continuous (d) You may choose to monitor car- emission monitoring system, your sul- bon dioxide instead of oxygen as a dil- fur dioxide, nitrogen oxides, or carbon uent gas. If you choose to monitor car- monoxide continuous emission moni- bon dioxide, then an oxygen monitor is toring systems, as appropriate, and the not required, and you must follow the appropriate test methods specified in requirements in § 60.1255. table 3 of this subpart. Collect the data (e) If you choose to demonstrate com- during each initial and annual evalua- pliance by monitoring the percent re- tion of your continuous emission moni- duction of sulfur dioxide, you must toring systems following the applicable also install continuous emission moni- performance specifications in appendix toring systems for sulfur dioxide and B of this part. table 4 of this subpart oxygen (or carbon dioxide) at the inlet shows the performance specifications of the air pollution control device. that apply to each continuous emission (f) If you prefer to use an alternative monitoring system. sulfur dioxide monitoring method, such (d) Follow the quality assurance pro- as parametric monitoring, or cannot cedures in Procedure 1 of appendix F of monitor emissions at the inlet of the this part for each continuous emission air pollution control device to deter- monitoring system. The procedures in- mine percent reduction, you can apply clude daily calibration drift and quar- to the Administrator for approval to terly accuracy determinations.

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§ 60.1245 Am I exempt from any appen- § 60.1260 What is the minimum amount dix B or appendix F requirements of monitoring data I must collect to evaluate continuous emission with my continuous emission moni- monitoring systems? toring systems and is the data collection requirement enforceable? Yes, the accuracy tests for your sulfur dioxide continuous emission moni- (a) Where continuous emission monitoring system require you to also toring systems are required, obtain 1- evaluate your oxygen (or carbon diox- hour arithmetic averages. Make sure the averages for sulfur dioxide, nitro- ide) continuous emission monitoring gen oxides, and carbon monoxide are in system. Therefore, your oxygen (or car- parts per million by dry volume at 7 bon dioxide) continuous emission mon- percent oxygen (or the equivalent car- itoring system is exempt from two re- bon dioxide level). Use the 1-hour aver- quirements: ages of oxygen (or carbon dioxide) data (a) Section 2.3 of Performance Speci- from your continuous emission moni- fication 3 in appendix B of this part toring system to determine the actual (relative accuracy requirement). oxygen (or carbon dioxide) level and to (b) Section 5.1.1 of appendix F of this calculate emissions at 7 percent oxygen part (relative accuracy test audit). (or the equivalent carbon dioxide level). § 60.1250 What is my schedule for eval- (b) Obtain at least two data points uating continuous emission moni- per hour in order to calculate a valid 1- toring systems? hour arithmetic average. Section (a) Conduct annual evaluations of 60.13(e)(2) requires your continuous your continuous emission monitoring emission monitoring systems to com- systems no more than 13 months after plete at least one cycle of operation the previous evaluation was conducted. (sampling, analyzing, and data record- (b) Evaluate your continuous emis- ing) for each 15-minute period. sion monitoring systems daily and (c) Obtain valid 1-hour averages for 75 quarterly as specified in appendix F of percent of the operating hours per day for 90 percent of the operating days per this part. calendar quarter. An operating day is § 60.1255 What must I do if I choose to any day the unit combusts any munic- monitor carbon dioxide instead of ipal solid waste or refuse-derived fuel. oxygen as a diluent gas? (d) If you do not obtain the minimum data required in paragraphs (a) through You must establish the relationship (c) of this section, you are in violation between oxygen and carbon dioxide of the data collection requirement re- during the initial evaluation of your gardless of the emission level mon- continuous emission monitoring sys- itored, and you must notify the Admin- tems. You may reestablish the rela- istrator according to § 60.1410(e). tionship during annual evaluations. To (e) If you do not obtain the minimum establish the relationship use three data required in paragraphs (a) through procedures: (c) of this section, you must still use (a) Use EPA Reference Method 3A or all valid data from the continuous 3B in appendix A of this part to deter- emission monitoring systems in calcu- mine oxygen concentration at the loca- lating emission concentrations and tion of your carbon dioxide monitor. percent reductions in accordance with (b) Conduct at least three test runs § 60.1265. for oxygen. Make sure each test run § 60.1265 How do I convert my 1-hour represents a 1-hour average and that arithmetic averages into the appro- sampling continues for at least 30 min- priate averaging times and units? utes in each hour. (a) Use the equation in § 60.1460(a) to (c) Use the fuel-factor equation in calculate emissions at 7 percent oxy- EPA Reference Method 3B in appendix gen. A of this part to determine the rela- (b) Use EPA Reference Method 19 in tionship between oxygen and carbon di- appendix A of this part, section 4.3, to oxide. calculate the daily geometric average

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concentrations of sulfur dioxide emis- § 60.1280 What must I do if any of my sions. If you are monitoring the per- continuous emission monitoring cent reduction of sulfur dioxide, use systems are temporarily unavail- EPA Reference Method 19 in appendix able to meet the data collection re- A of this part, section 5.4, to determine quirements? the daily geometric average percent re- Refer to table 4 of this subpart. It duction of potential sulfur dioxide shows alternate methods for collecting emissions. data when systems malfunction or (c) If you operate a Class I municipal when repairs, calibration checks, or waste combustion unit, use EPA Ref- zero and span checks keep you from erence Method 19 in appendix A of this collecting the minimum amount of part, section 4.1, to calculate the daily data. arithmetic average for concentrations of nitrogen oxides. STACK TESTING (d) Use EPA Reference Method 19 in appendix A of this part, section 4.1, to § 60.1285 What types of stack tests calculate the 4-hour or 24-hour daily must I conduct? block averages (as applicable) for con- Conduct initial and annual stack centrations of carbon monoxide. tests to measure the emission levels of dioxins/furans, cadmium, lead, mer- § 60.1270 What is required for my con- cury, particulate matter, opacity, hy- tinuous opacity monitoring system drogen chloride, and fugitive ash. and how are the data used? (a) Install, calibrate, maintain, and § 60.1290 How are the stack test data operate a continuous opacity moni- used? toring system. You must use results of stack tests (b) Install, evaluate, and operate for dioxins/furans, cadmium, lead, mer- each continuous opacity monitoring cury, particulate matter, opacity, hy- system according to § 60.13. drogen chloride, and fugitive ash to (c) Complete an initial evaluation of demonstrate compliance with the emis- your continuous opacity monitoring sion limits in table 1 of this subpart. system according to Performance Spec- To demonstrate compliance for carbon ification 1 in appendix B of this part. monoxide, nitrogen oxides, and sulfur Complete the evaluation within 60 days dioxide, see § 60.1235. after your municipal waste combustion unit reaches the maximum load level § 60.1295 What schedule must I follow at which it will operate, but no more for the stack testing? than 180 days after its initial startup. (d) Complete each annual evaluation (a) Conduct initial stack tests for the of your continuous opacity monitoring pollutants listed in § 60.1285 within 60 system no more than 13 months after days after your municipal waste com- the previous evaluation. bustion unit reaches the maximum (e) Use tests conducted according to load level at which it will operate, but EPA Reference Method 9 in appendix A no later than 180 days after its initial of this part, as specified in § 60.1300, to startup. determine compliance with the opacity (b) Conduct annual stack tests for limit in table 1 of this subpart. The the same pollutants after the initial data obtained from your continuous stack test. Conduct each annual stack opacity monitoring system are not test no later than 13 months after the used to determine compliance with the previous stack test. opacity limit. § 60.1300 What test methods must I use to stack test? § 60.1275 What additional requirements must I meet for the operation (a) Follow table 5 of this subpart to of my continuous emission moni- establish the sampling location and to toring systems and continuous determine pollutant concentrations, opacity monitoring system? number of traverse points, individual Use the required span values and ap- test methods, and other specific testing plicable performance specifications in requirements for the different pollut- table 4 of this subpart. ants.

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(b) Make sure that stack tests for all ant. The provision applies to all pollut- the pollutants consist of at least three ants subject to stack testing require- test runs, as specified in § 60.8. Use the ments: dioxins/furans, cadmium, lead, average of the pollutant emission con- mercury, particulate matter, opacity, centrations from the three test runs to hydrogen chloride, and fugitive ash. determine compliance with the emis- (b) You can test less often for sion limits in table 1 of this subpart. dioxins/furans emissions if you own or (c) Obtain an oxygen (or carbon diox- operate a municipal waste combustion ide) measurement at the same time as plant that meets two conditions. First, your pollutant measurements to deter- you have multiple municipal waste mine diluent gas levels, as specified in combustion units onsite that are sub- § 60.1230. ject to this subpart. Second, all those (d) Use the equations in § 60.1460(a) to municipal waste combustion units have calculate emission levels at 7 percent demonstrated levels of dioxins/furans oxygen (or an equivalent carbon diox- emissions less than or equal to 7 ide basis), the percent reduction in po- nanograms per dry standard cubic tential hydrogen chloride emissions, meter (total mass) for 2 consecutive and the reduction efficiency for mer- years. In that case, you may choose to cury emissions. See the individual test conduct annual stack tests on only one methods in table 5 of this subpart for municipal waste combustion unit per other required equations. year at your plant. The provision only (e) You can apply to the Adminis- applies to stack testing for dioxins/ trator for approval under § 60.8(b) to furans emissions. use a reference method with minor (1) Conduct the stack test no more changes in methodology, use an equiva- than 13 months following a stack test lent method, use an alternative method on any municipal waste combustion the results of which the Administrator unit subject to this subpart at your has determined are adequate for dem- plant. Each year, test a different mu- onstrating compliance, waive the re- nicipal waste combustion unit subject quirement for a performance test be- to this subpart and test all municipal cause you have demonstrated by other waste combustion units subject to this means that you are in compliance, or use a shorter sampling time or smaller subpart in a sequence that you deter- sampling volume. mine. Once you determine a testing sequence, it must not be changed without § 60.1305 May I conduct stack testing approval by the Administrator. less often? (2) If each annual stack test shows (a) You may test less often if you levels of dioxins/furans emissions less own or operate a Class II municipal than or equal to 7 nanograms per dry waste combustion unit and if all stack standard cubic meter (total mass), you tests for a given pollutant over 3 con- may continue stack tests on only one secutive years show you comply with municipal waste combustion unit sub- the emission limit. In that case, you ject to this subpart per year. are not required to conduct a stack (3) If any annual stack test indicates test for that pollutant for the next 2 levels of dioxins/furans emissions years. However, you must conduct an- greater than 7 nanograms per dry other stack test within 36 months of standard cubic meter (total mass), con- the anniversary date of the third conduct subsequent annual stack tests on secutive stack test that shows you all municipal waste combustion units comply with the emission limit. There- subject to this subpart at your plant. after, you must perform stack tests You may return to testing one munic- every 3rd year but no later than 36 ipal waste combustion unit subject to months following the previous stack this subpart per year if you can dem- tests. If a stack test shows noncompli- onstrate dioxins/furans emission levels ance with an emission limit, you must less than or equal to 7 nanograms per conduct annual stack tests for that dry standard cubic meter (total mass) pollutant until all stack tests over 3 for all municipal waste combustion consecutive years show compliance units at your plant subject to this sub- with the emission limit for that pollut- part for 2 consecutive years.

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§ 60.1310 May I deviate from the 13- ters,’’ 6th Edition (1971), chapter 4 (in- month testing schedule if unfore- corporated by reference in § 60.17(h)(3)). seen circumstances arise? (5) Before each dioxins/furans stack You may not deviate from the 13- test, or at least once a year, calibrate month testing schedules specified in all signal conversion elements associ- §§ 60.1295(b) and 60.1305(b)(1) unless you ated with steam (or feed water) flow apply to the Administrator for an al- measurements according to the manu- ternative schedule, and the Adminis- facturer instructions. trator approves your request for alter- (b) If your municipal waste combus- nate scheduling prior to the date on tion unit does not generate steam, or, which you would otherwise have been if your municipal waste combustion required to conduct the next stack units have shared steam systems and test. steam load cannot be estimated per unit, you must determine, to the satis- OTHER MONITORING REQUIREMENTS faction of the Administrator, one or more operating parameters that can be § 60.1315 Must I meet other require- used to continuously estimate load ments for continuous monitoring? level (for example, the feed rate of mu- You must also monitor three oper- nicipal solid waste or refuse-derived ating parameters: fuel). You must continuously monitor (a) Load level of each municipal the selected parameters. waste combustion unit. (b) Temperature of flue gases at the § 60.1325 How do I monitor the tem- inlet of your particulate matter air perature of flue gases at the inlet of pollution control device. my particulate matter control device? (c) Carbon feed rate if activated carbon is used to control dioxins/furans or You must install, calibrate, main- mercury emissions. tain, and operate a device to continuously measure the temperature of the § 60.1320 How do I monitor the load of flue gas stream at the inlet of each par- my municipal waste combustion ticulate matter control device. unit? (a) If your municipal waste combus- § 60.1330 How do I monitor the injection rate of activated carbon? tion unit generates steam, you must install, calibrate, maintain, and oper- If your municipal waste combustion ate a steam flowmeter or a feed water unit uses activated carbon to control flowmeter and meet five requirements: dioxins/furans or mercury emissions, (1) Continuously measure and record you must meet three requirements: the measurements of steam (or feed (a) Select a carbon injection system water) in kilograms (or pounds) per operating parameter that can be used hour. to calculate carbon feed rate (for exam- (2) Calculate your steam (or feed ple, screw feeder speed). water) flow in 4-hour block averages. (b) During each dioxins/furans and (3) Calculate the steam (or feed mercury stack test, determine the av- water) flow rate using the method in erage carbon feed rate in kilograms (or ‘‘American Society of Mechanical En- pounds) per hour. Also, determine the gineers Power Test Codes: Test Code average operating parameter level that for Steam Generating Units, Power correlates to the carbon feed rate. Es- Test Code 4.1—1964 (R1991),’’ section 4 tablish a relationship between the op- (incorporated by reference in erating parameter and the carbon feed § 60.17(h)(2)). rate in order to calculate the carbon (4) Design, construct, install, cali- feed rate based on the operating pa- brate, and use nozzles or orifices for rameter level. flow rate measurements, using the rec- (c) Continuously monitor the se- ommendations in ‘‘American Society lected operating parameter during all of Mechanical Engineers Interim Sup- periods when the municipal waste com- plement 19.5 on Instruments and Appa- bustion unit is operating and com- ratus: Application, part II of Fluid Me- busting waste, and calculate the 8-hour

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block average carbon feed rate in kilo- § 60.1345 Where must I keep my grams (or pounds) per hour, based on records and for how long? the selected operating parameter. (a) Keep all records onsite in paper When calculating the 8-hour block av- copy or electronic format unless the erage, do two things: Administrator approves another for- (1) Exclude hours when the municipal mat. waste combustion unit is not oper- (b) Keep all records on each munic- ating. ipal waste combustion unit for at least (2) Include hours when the municipal 5 years. waste combustion unit is operating but (c) Make all records available for the carbon feed system is not working submittal to the Administrator, or for correctly. onsite review by an inspector.

§ 60.1335 What is the minimum amount § 60.1350 What records must I keep for of monitoring data I must collect the materials separation plan and with my continuous parameter siting analysis? monitoring systems and is the data collection requirement enforceable? You must keep records of five items: (a) The date of each record. (a) Where continuous parameter (b) The final materials separation monitoring systems are used, obtain 1- plan. hour arithmetic averages for three pa- (c) The siting analysis. rameters: (d) A record of the location and date (1) Load level of the municipal waste of the public meetings. combustion unit. (e) Your responses to the public com- (2) Temperature of the flue gases at ments received during the public com- the inlet of your particulate matter ment periods. control device. (3) Carbon feed rate if activated car- § 60.1355 What records must I keep for bon is used to control dioxins/furans or operator training and certification? mercury emissions. You must keep records of six items: (b) Obtain at least two data points (a) Records of provisional certifications. per hour in order to calculate a valid 1- Include three items: hour arithmetic average. (1) For your municipal waste combus- (c) Obtain valid 1-hour averages for tion plant, names of the chief facility at least 75 percent of the operating operator, shift supervisors, and control hours per day for 90 percent of the op- room operators who are provisionally erating days per calendar quarter. An certified by the American Society of operating day is any day the unit com- Mechanical Engineers or an equivalent busts any municipal solid waste or State-approved certification program. refuse-derived fuel. (2) Dates of the initial provisional (d) If you do not obtain the minimum certifications. data required in paragraphs (a) through (3) Documentation showing current (c) of this section, you are in violation provisional certifications. of the data collection requirement and (b) Records of full certifications. In- you must notify the Administrator ac- clude three items: cording to § 60.1410(e). (1) For your municipal waste combustion plant, names of the chief facility RECORDKEEPING operator, shift supervisors, and control room operators who are fully certified § 60.1340 What records must I keep? by the American Society of Mechanical You must keep five types of records: Engineers or an equivalent State-ap- (a) Materials separation plan and proved certification program. siting analysis. (2) Dates of initial and renewal full (b) Operator training and certifi- certifications. cation. (3) Documentation showing current (c) Stack tests. full certifications. (d) Continuously monitored pollut- (c) Records showing completion of the ants and parameters. operator training course. Include three (e) Carbon feed rate. items:

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(1) For your municipal waste combus- (1) Dioxins/furans. tion plant, names of the chief facility (2) Cadmium. operator, shift supervisors, and control (3) Lead. room operators who have completed (4) Mercury. the EPA or State municipal waste (5) Opacity. combustion operator training course. (6) Particulate matter. (2) Dates of completion of the oper- (7) Hydrogen chloride. ator training course. (8) Fugitive ash. (3) Documentation showing comple- (b) Test reports including supporting tion of the operator training course. calculations that document the results (d) Records of reviews for plant-specific of all stack tests. operating manuals. Include three items: (c) The maximum demonstrated load (1) Names of persons who have re- of your municipal waste combustion viewed the operating manual. units and maximum temperature at (2) Date of the initial review. the inlet of your particulate matter (3) Dates of subsequent annual re- control device during all stack tests for views. dioxins/furans emissions. (e) Records of when a certified operator (d) The calendar date of each record. is temporarily offsite. Include two main items: § 60.1365 What records must I keep for (1) If the certified chief facility oper- continuously monitored pollutants ator and certified shift supervisor are or parameters? offsite for more than 12 hours, but for You must keep records of eight 2 weeks or less, and no other certified items: operator is onsite, record the dates (a) Records of monitoring data. Docu- that the certified chief facility oper- ment six parameters measured using ator and certified shift supervisor were continuous monitoring systems: offsite. (1) All 6-minute average levels of (2) When the certified chief facility opacity. operator and certified shift supervisor (2) All 1-hour average concentrations are offsite for more than 2 weeks and of sulfur dioxide emissions. no other certified operator is onsite, (3) For Class I municipal waste com- keep records of four items: bustion units only, all 1-hour average (i) Your notice that all certified per- concentrations of nitrogen oxides emis- sons are offsite. sions. (ii) The conditions that cause those (4) All 1-hour average concentrations people to be offsite. of carbon monoxide emissions. (iii) The corrective actions you are (5) All 1-hour average load levels of taking to ensure a certified chief facil- your municipal waste combustion unit. ity operator or certified shift super- (6) All 1-hour average flue gas tem- visor is onsite. peratures at the inlet of the particu- (iv) Copies of the written reports sub- late matter control device. mitted every 4 weeks that summarize (b) Records of average concentrations the actions taken to ensure that a cer- and percent reductions. Document five tified chief facility operator or cer- parameters: tified shift supervisor will be onsite. (1) All 24-hour daily block geometric (f) Records of calendar dates. Include average concentrations of sulfur diox- the calendar date on each record. ide emissions or average percent reductions of sulfur dioxide emissions. § 60.1360 What records must I keep for (2) For Class I municipal waste com- stack tests? bustion units only, all 24-hour daily For stack tests required under arithmetic average concentrations of § 60.1285, you must keep records of four nitrogen oxides emissions. items: (3) All 4-hour block or 24-hour daily (a) The results of the stack tests for block arithmetic average concentra- eight pollutants or parameters re- tions of carbon monoxide emissions. corded in the appropriate units of (4) All 4-hour block arithmetic aver- measure specified in table 1 of this sub- age load levels of your municipal waste part: combustion unit.

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(5) All 4-hour block arithmetic aver- minations according to Procedure 1 of age flue gas temperatures at the inlet appendix F of this part. Keep the of the particulate matter control de- records for the sulfur dioxide, nitrogen vice. oxides (Class I municipal waste com- (c) Records of exceedances. Document bustion units only), and carbon mon- three items: oxide continuous emissions monitoring (1) Calendar dates whenever any of systems. the five pollutant or parameter levels (g) Records of the relationship between recorded in paragraph (b) of this sec- oxygen and carbon dioxide. If you choose tion or the opacity level recorded in to monitor carbon dioxide instead of paragraph (a)(1) of this section did not oxygen as a diluent gas, document the meet the emission limits or operating relationship between oxygen and car- levels specified in this subpart. bon dioxide, as specified in § 60.1255. (2) Reasons you exceeded the applica- (h) Records of calendar dates. Include ble emission limits or operating levels. the calendar date on each record. (3) Corrective actions you took, or are taking, to meet the emission limits § 60.1370 What records must I keep for or operating levels. municipal waste combustion units (d) Records of minimum data. Docu- that use activated carbon? ment three items: For municipal waste combustion (1) Calendar dates for which you did units that use activated carbon to con- not collect the minimum amount of trol dioxins/furans or mercury emis- data required under §§ 60.1260 and sions, you must keep records of five 60.1335. Record the dates for five types items: of pollutants and parameters: (a) Records of average carbon feed rate. (i) Sulfur dioxide emissions. Document five items: (ii) For Class I municipal waste combustion units only, nitrogen oxides (1) Average carbon feed rate in kilo- emissions. grams (or pounds) per hour during all (iii) Carbon monoxide emissions. stack tests for dioxins/furans and mer- (iv) Load levels of your municipal cury emissions. Include supporting cal- waste combustion unit. culations in the records. (v) Temperatures of the flue gases at (2) For the operating parameter cho- the inlet of the particulate matter con- sen to monitor carbon feed rate, aver- trol device. age operating level during all stack (2) Reasons you did not collect the tests for dioxins/furans and mercury minimum data. emissions. Include supporting data (3) Corrective actions you took, or that document the relationship be- are taking, to obtain the required tween the operating parameter and the amount of data. carbon feed rate. (e) Records of exclusions. Document (3) All 8-hour block average carbon each time you have excluded data from feed rates in kilograms (or pounds) per your calculation of averages for any of hour calculated from the monitored op- the following five pollutants or param- erating parameter. eters and the reasons the data were ex- (4) Total carbon purchased and deliv- cluded: ered to the municipal waste combus- (1) Sulfur dioxide emissions. tion plant for each calendar quarter. If (2) For Class I municipal waste com- you choose to evaluate total carbon bustion units only, nitrogen oxides purchased and delivered on a municipal emissions. waste combustion unit basis, record (3) Carbon monoxide emissions. the total carbon purchased and deliv- (4) Load levels of your municipal ered for each individual municipal waste combustion unit. waste combustion unit at your plant. (5) Temperatures of the flue gases at Include supporting documentation. the inlet of the particulate matter con- (5) Required quarterly usage of car- trol device. bon for the municipal waste combus- (f) Records of drift and accuracy. Docu- tion plant, calculated using equation 4 ment the results of your daily drift or 5 in § 60.1460(f). If you choose to tests and quarterly accuracy deter- evaluate required quarterly usage for

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carbon on a municipal waste combus- you received during the initial public tion unit basis, record the required comment period, as specified in quarterly usage for each municipal § 60.1085(a). waste combustion unit at your plant. (b) If you are not required to submit Include supporting calculations. an application for a construction per- (b) Records of low carbon feed rates. mit under 40 CFR part 51, subpart I, or Document three items: 40 CFR part 52, you must submit the (1) The calendar dates when the aver- items in paragraph (a) of this section age carbon feed rate over an 8-hour with your notice of construction. block was less than the average carbon feed rates determined during the most § 60.1380 What must I include in my recent stack test for dioxins/furans or notice of construction? mercury emissions (whichever has a (a) Include ten items: higher feed rate). (1) A statement of your intent to con- (2) Reasons for the low carbon feed struct the municipal waste combustion rates. unit. (3) Corrective actions you took or are taking to meet the 8-hour average car- (2) The planned initial startup date of bon feed rate requirement. your municipal waste combustion unit. (c) Records of minimum carbon feed rate (3) The types of fuels you plan to data. Document three items: combust in your municipal waste com- (1) Calendar dates for which you did bustion unit. not collect the minimum amount of (4) The capacity of your municipal carbon feed rate data required under waste combustion unit including sup- § 60.1335. porting capacity calculations, as speci- (2) Reasons you did not collect the fied in § 60.1460(d) and (e). minimum data. (5) Your siting analysis, as specified (3) Corrective actions you took or are in § 60.1125. taking to get the required amount of (6) Your final materials separation data. plan, as specified in § 60.1100(b). (d) Records of exclusions. Document (7) Your notice of the second public each time you have excluded data from meeting (siting analysis meeting), as your calculation of average carbon feed specified in § 60.1130(b). rates and the reasons the data were ex- (8) A transcript of the second public cluded. meeting, as specified in § 60.1140(d). (e) Records of calendar dates. Include (9) A copy of the document that sum- the calendar date on each record. marizes your responses to the public comments you received during the sec- REPORTING ond public comment period, as speci- § 60.1375 What reports must I submit fied in § 60.1145(a). before I submit my notice of con- (10) Your final siting analysis, as struction? specified in § 60.1145(c). (a) If you are required to submit an (b) Submit your notice of construc- application for a construction permit tion no later than 30 days after you under 40 CFR part 51, subpart I, or 40 commence construction, reconstruc- CFR part 52, you must submit five tion, or modification of your municipal items by the date you submit your ap- waste combustion unit. plication. (1) Your draft materials separation § 60.1385 What reports must I submit plan, as specified in § 60.1065. after I submit my notice of construction and in what form? (2) Your revised materials separation plan, as specified in § 60.1085(c). (a) Submit an initial report and an- (3) Your notice of the initial public nual reports, plus semiannual reports meeting for your draft materials sepa- for any emission or parameter level ration plan, as specified in § 60.1070(b). that does not meet the limits specified (4) A transcript of the initial public in this subpart. meeting, as specified in § 60.1080(f). (b) Submit all reports on paper, post- (5) The document that summarizes marked on or before the submittal your responses to the public comments dates in §§ 60.1395, 60.1405, and 60.1420. If

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the Administrator agrees, you may (8) Fugitive ash. submit electronic reports. (c) The test report that documents (c) Keep a copy of all reports required the initial stack tests including sup- by §§ 60.1400, 60.1410, and 60.1425 onsite porting calculations. for 5 years. (d) The initial performance evaluation of your continuous emissions mon- § 60.1390 What are the appropriate itoring systems. Use the applicable per- units of measurement for reporting formance specifications in appendix B my data? of this part in conducting the evalua- See tables 1 and 2 of this subpart for tion. appropriate units of measurement. (e) The maximum demonstrated load of your municipal waste combustion § 60.1395 When must I submit the ini- unit and the maximum demonstrated tial report? temperature of the flue gases at the As specified in § 60.7(c), submit your inlet of the particulate matter control initial report within 60 days after your device. Use values established during municipal waste combustion unit your initial stack test for dioxins/ reaches the maximum load level at furans emissions and include sup- which it will operate, but no later than porting calculations. 180 days after its initial startup. (f) If your municipal waste combustion unit uses activated carbon to con- § 60.1400 What must I include in my trol dioxins/furans or mercury emis- initial report? sions, the average carbon feed rates You must include seven items: that you recorded during the initial (a) The emission levels measured on stack tests for dioxins/furans and mer- the date of the initial evaluation of cury emissions. Include supporting cal- your continuous emission monitoring culations as specified in § 60.1370(a)(1) systems for all of the following five and (2). pollutants or parameters as recorded in (g) If you choose to monitor carbon accordance with § 60.1365(b). dioxide instead of oxygen as a diluent (1) The 24-hour daily geometric aver- gas, documentation of the relationship age concentration of sulfur dioxide between oxygen and carbon dioxide, as emissions or the 24-hour daily geo- specified in § 60.1255. metric percent reduction of sulfur dioxide emissions. § 60.1405 When must I submit the an- (2) For Class I municipal waste com- nual report? bustion units only, the 24-hour daily Submit the annual report no later arithmetic average concentration of than February 1 of each year that fol- nitrogen oxides emissions. lows the calendar year in which you (3) The 4-hour block or 24-hour daily collected the data. If you have an oper- arithmetic average concentration of ating permit for any unit under title V carbon monoxide emissions. of the Clean Air Act (CAA), the permit (4) The 4-hour block arithmetic aver- may require you to submit semiannual age load level of your municipal waste reports. Parts 70 and 71 of this chapter combustion unit. contain program requirements for per- (5) The 4-hour block arithmetic aver- mits. age flue gas temperature at the inlet of the particulate matter control device. § 60.1410 What must I include in my (b) The results of the initial stack annual report? tests for eight pollutants or param- Summarize data collected for all pol- eters (use appropriate units as specified lutants and parameters regulated in table 2 of this subpart): under this subpart. Your summary (1) Dioxins/furans. must include twelve items: (2) Cadmium. (a) The results of the annual stack (3) Lead. test, using appropriate units, for eight (4) Mercury. pollutants, as recorded under (5) Opacity. § 60.1360(a): (6) Particulate matter. (1) Dioxins/furans. (7) Hydrogen chloride. (2) Cadmium.

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(3) Lead. tions that you have taken to obtain the (4) Mercury. data in the future. Include data on: (5) Particulate matter. (1) Sulfur dioxide emissions. (6) Opacity. (2) For Class I municipal waste com- (7) Hydrogen chloride. bustion units only, nitrogen oxides (8) Fugitive ash. emissions. (b) A list of the highest average lev- (3) Carbon monoxide emissions. els recorded, in the appropriate units. (4) Load level of the municipal waste List the values for five pollutants or combustion unit. parameters: (5) Temperature of the flue gases at (1) Sulfur dioxide emissions. the inlet of the particulate matter air (2) For Class I municipal waste com- pollution control device. bustion units only, nitrogen oxides (6) Carbon feed rate. emissions. (f) The number of hours you have ex- (3) Carbon monoxide emissions. cluded data from the calculation of av- (4) Load level of the municipal waste erage levels (include the reasons for ex- combustion unit. cluding it). Include data for six pollut- (5) Temperature of the flue gases at ants or parameters: the inlet of the particulate matter air (1) Sulfur dioxide emissions. pollution control device (4-hour block (2) For Class I municipal waste com- average). bustion units only, nitrogen oxides (c) The highest 6-minute opacity emissions. level measured. Base the value on all 6- (3) Carbon monoxide emissions. minute average opacity levels recorded (4) Load level of the municipal waste by your continuous opacity monitoring combustion unit. system (§ 60.1365(a)(1)). (5) Temperature of the flue gases at (d) For municipal waste combustion the inlet of the particulate matter air units that use activated carbon for pollution control device. controlling dioxins/furans or mercury (6) Carbon feed rate. emissions, include four records: (g) A notice of your intent to begin a (1) The average carbon feed rates re- reduced stack testing schedule for corded during the most recent dioxins/ dioxins/furans emissions during the fol- furans and mercury stack tests. lowing calendar year, if you are eligi- (2) The lowest 8-hour block average ble for alternative scheduling carbon feed rate recorded during the (§ 60.1305(a) or (b)). year. (h) A notice of your intent to begin a (3) The total carbon purchased and reduced stack testing schedule for delivered to the municipal waste com- other pollutants during the following bustion plant for each calendar quar- calendar year if you are eligible for alter. If you choose to evaluate total car- ternative scheduling (§ 60.1305(a)). bon purchased and delivered on a mu- (i) A summary of any emission or pa- nicipal waste combustion unit basis, rameter level that did not meet the record the total carbon purchased and limits specified in this subpart. delivered for each individual municipal (j) A summary of the data in para- waste combustion unit at your plant. graphs (a) through (d) of this section (4) The required quarterly carbon from the year preceding the reporting usage of your municipal waste combus- year which gives the Administrator a tion plant calculated using equation 4 summary of the performance of the or 5 in § 60.1460(f). If you choose to municipal waste combustion unit over evaluate required quarterly usage for a 2-year period. carbon on a municipal waste combus- (k) If you choose to monitor carbon tion unit basis, record the required dioxide instead of oxygen as a diluent quarterly usage for each municipal gas, documentation of the relationship waste combustion unit at your plant. between oxygen and carbon dioxide, as (e) The total number of days that you specified in § 60.1255. did not obtain the minimum number of (l) Documentation of periods when all hours of data for six pollutants or pa- certified chief facility operators and rameters. Include the reasons you did certified shift supervisors are offsite not obtain the data and corrective ac- for more than 12 hours.

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§ 60.1415 What must I do if I am out of (c) For municipal waste combustion compliance with the requirements units that apply activated carbon to of this subpart? control dioxins/furans or mercury You must submit a semiannual re- emissions, include two items: port on any recorded emission or pa- (1) Documentation of all dates when rameter level that does not meet the the 8-hour block average carbon feed requirements specified in this subpart. rate (calculated from the carbon injection system operating parameter) is § 60.1420 If a semiannual report is re- less than the highest carbon feed rate quired, when must I submit it? established during the most recent (a) For data collected during the first mercury and dioxins/furans stack test half of a calendar year, submit your (as specified in § 60.1370(a)(1)). Include semiannual report by August 1 of that four items: year. (i) Eight-hour average carbon feed (b) For data you collected during the rate. second half of the calendar year, sub- (ii) Reasons for occurrences of low mit your semiannual report by Feb- carbon feed rates. ruary 1 of the following year. (iii) The corrective actions you have taken to meet the carbon feed rate re- § 60.1425 What must I include in the quirement. semiannual out-of-compliance re- (iv) The calendar date. ports? (2) Documentation of each quarter You must include three items in the when total carbon purchased and deliv- semiannual report: ered to the municipal waste combus- (a) For any of the following six pol- tion plant is less than the total re- lutants or parameters that exceeded quired quarterly usage of carbon. If the limits specified in this subpart, in- you choose to evaluate total carbon clude the calendar date they exceeded purchased and delivered on a municipal the limits, the averaged and recorded waste combustion unit basis, record data for that date, the reasons for ex- the total carbon purchased and deliv- ceeding the limits, and your corrective ered for each individual municipal waste combustion unit at your plant. actions: Include five items: (1) Concentration or percent reduc- (i) Amount of carbon purchased and tion of sulfur dioxide emissions. delivered to the plant. (2) For Class I municipal waste com- (ii) Required quarterly usage of car- bustion units only, concentration of ni- bon. trogen oxides emissions. (iii) Reasons for not meeting the re- (3) Concentration of carbon monoxide quired quarterly usage of carbon. emissions. (iv) The corrective actions you have (4) Load level of your municipal taken to meet the required quarterly waste combustion unit. usage of carbon. (5) Temperature of the flue gases at (v) The calendar date. the inlet of your particulate matter air pollution control device. § 60.1430 Can reporting dates be (6) Average 6-minute opacity level. changed? The data obtained from your contin- (a) If the Administrator agrees, you uous opacity monitoring system are may change the semiannual or annual not used to determine compliance with reporting dates. the limit on opacity emissions. (b) See § 60.19(c) for procedures to (b) If the results of your annual stack seek approval to change your reporting tests (as recorded in § 60.1360(a)) show date. emissions above the limits specified in table 1 of this subpart for dioxins/ AIR CURTAIN INCINERATORS THAT BURN furans, cadmium, lead, mercury, par- 100 PERCENT YARD WASTE ticulate matter, opacity, hydrogen chloride, and fugitive ash, include a § 60.1435 What is an air curtain incin- copy of the test report that documents erator? the emission levels and your corrective An air curtain incinerator operates actions. by forcefully projecting a curtain of air

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across an open chamber or open pit in (c) After the initial test for opacity, which combustion occurs. Incinerators conduct annual tests no more than 13 of that type can be constructed above calendar months following the date of or below ground and with or without your previous test. refractory walls and floor. § 60.1455 What are the recordkeeping § 60.1440 What is yard waste? and reporting requirements for air curtain incinerators that burn 100 Yard waste is grass, grass clippings, percent yard waste? bushes, shrubs, and clippings from (a) Provide a notice of construction bushes and shrubs. They come from that includes four items: residential, commercial/retail, institu- (1) Your intent to construct the air tional, or industrial sources as part of curtain incinerator. maintaining yards or other private or (2) Your planned initial startup date. public lands. Yard waste does not in- (3) Types of fuels you plan to com- clude two items: bust in your air curtain incinerator. (a) Construction, renovation, and (4) The capacity of your incinerator, demolition wastes that are exempt including supporting capacity calcula- from the definition of ‘‘municipal solid tions, as specified in § 60.1460(d) and (e). waste’’ in § 60.1465. (b) Keep records of results of all opac- (b) Clean wood that is exempt from ity tests onsite in either paper copy or the definition of ‘‘municipal solid electronic format unless the Adminis- waste’’ in § 60.1465. trator approves another format. (c) Keep all records for each inciner- § 60.1445 What are the emission limits ator for at least 5 years. for air curtain incinerators that (d) Make all records available for burn 100 percent yard waste? submittal to the Administrator or for If your air curtain incinerator com- onsite review by an inspector. busts 100 percent yard waste, you must (e) Submit the results (each 6-minute meet only the emission limits in this average) of the opacity tests by Feb- section. ruary 1 of the year following the year (a) Within 60 days after your air cur- of the opacity emission test. tain incinerator reaches the maximum (f) Submit reports as a paper copy on load level at which it will operate, but or before the applicable submittal date. no later than 180 days after its initial If the Administrator agrees, you may startup, you must meet two limits: submit reports on electronic media. (g) If the Administrator agrees, you (1) The opacity limit is 10 percent (6- may change the annual reporting dates minute average) for air curtain incin- (see § 60.19(c)). erators that can combust at least 35 (h) Keep a copy of all reports onsite tons per day of municipal solid waste for a period of 5 years. and no more than 250 tons per day of municipal solid waste. EQUATIONS (2) The opacity limit is 35 percent (6- minute average) during the startup pe- § 60.1460 What equations must I use? riod that is within the first 30 minutes (a) Concentration correction to 7 per- of operation. cent oxygen. Correct any pollutant con- (b) Except during malfunctions, the centration to 7 percent oxygen using requirements of this subpart apply at equation 1 of this section: all times. Each malfunction must not ¥ exceed 3 hours. C7% = Cunc * (13.9) * (1/(20.9 CO2)) (Eq.1) Where:

§ 60.1450 How must I monitor opacity C7% = concentration corrected to 7 percent for air curtain incinerators that oxygen. burn 100 percent yard waste? Cunc = uncorrected pollutant concentration. (a) Use EPA Reference Method 9 in CO2 = concentration of oxygen (percent). appendix A of this part to determine (b) Percent reduction in potential mer- compliance with the opacity limit. cury emissions. Calculate the percent re- (b) Conduct an initial test for opacity duction in potential mercury emissions as specified in § 60.8. (%PHg) using equation 2 of this section: 302

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%PHg = (Ei¥o) * (100/Ei) (Eq. 2) (e) Capacity of a batch municipal waste combustion unit. Calculate the capacity Where: of a batch municipal waste combustion %PHg = percent reduction of potential mercury emissions unit as the maximum design amount of municipal solid waste they can charge Ei = mercury emission concentration as measured at the air pollution control de- per batch multiplied by the maximum vice inlet, corrected to 7 percent oxygen, number of batches they can process in dry basis 24 hours. Calculate the maximum num- Eo = mercury emission concentration as ber of batches by dividing 24 by the measured at the air pollution control de- number of hours needed to process one vice outlet, corrected to 7 percent oxygen, dry basis batch. Retain fractional batches in the calculation. For example, if one batch (c) Percent reduction in potential hy- requires 16 hours, the municipal waste drogen chloride emissions. Calculate the combustion unit can combust 24/16, or percent reduction in potential hydro- 1.5 batches, in 24 hours. gen chloride emissions (%P ) using HC1 (f) Quarterly carbon usage. If you use equation 3 of this section: activated carbon to comply with the %PHC1 = (Ei¥o) * (100/Ei) (Eq. 3) dioxins/furans or mercury limits, cal- Where: culate the required quarterly usage of carbon using equation 4 of this section %PHC1 = percent reduction of the potential hydrogen chloride emissions for plant basis or equation 5 of this sec- EI = hydrogen chloride emission concentration for unit basis: tion as measured at the air pollution (1) Plant basis. control device inlet, corrected to 7 percent oxygen, dry basis n EO = hydrogen chloride emission concentra- CfhEq=∗∑ ( . 4) tion as measured at the air pollution ii = control device outlet, corrected to 7 per- i 1 cent oxygen, dry basis Where: (d) Capacity of a municipal waste com- C = required quarterly carbon usage for the bustion unit. For a municipal waste plant in kilograms (or pounds). f = required carbon feed rate for the munic- combustion unit that can operate con- i ipal waste combustion unit in kilograms tinuously for 24-hour periods, calculate (or pounds) per hour. That is the average the municipal waste combustion unit carbon feed rate during the most recent capacity based on 24 hours of operation mercury or dioxins/furans stack tests at the maximum charge rate. To deter- (whichever has a higher feed rate).

mine the maximum charge rate, use hi = number of hours the municipal waste one of two methods: combustion unit was in operation during (1) For municipal waste combustion the calendar quarter (hours). units with a design based on heat input n = number of municipal waste combustion capacity, calculate the maximum units, i, located at your plant. charging rate based on the maximum (2) Unit basis. heat input capacity and one of two heating values: Cfh=∗ (Eq. 5) (i) If your municipal waste combustion unit combusts refuse-derived fuel, Where: use a heating value of 12,800 kilojoules C = required quarterly carbon usage for the per kilogram (5,500 British thermal unit in kilograms (or pounds). units per pound). f = required carbon feed rate for the munic- (ii) If your municipal waste combus- ipal waste combustion unit in kilograms tion unit combusts municipal solid (or pounds) per hour. That is the average waste, use a heating value of 10,500 carbon feed rate during the most recent kilojoules per kilogram (4,500 British mercury or dioxins/furans stack tests (whichever has a higher feed rate). thermal units per pound). h = number of hours the municipal waste (2) For municipal waste combustion combustion unit was in operation during units with a design not based on heat the calendar quarter (hours). input capacity, use the maximum designed charging rate.

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DEFINITIONS gregate plant combustion capacity less than or equal to 250 tons per day of mu- § 60.1465 What definitions must I nicipal solid waste. See the definition know? in this section of ‘‘municipal waste Terms used but not defined in this combustion plant capacity’’ for speci- section are defined in the CAA and in fication of which units at a plant site subparts A and B of this part. are included in the aggregate capacity Administrator means the Adminis- calculation. trator of the U.S. Environmental Pro- Clean wood means untreated wood or tection Agency or his/her authorized untreated wood products including representative or the Administrator of clean untreated lumber, tree stumps a State Air Pollution Control Agency. (whole or chipped), and tree limbs Air curtain incinerator means an in- (whole or chipped). Clean wood does cinerator that operates by forcefully not include two items: projecting a curtain of air across an (1) ‘‘Yard waste,’’ which is defined open chamber or pit in which combus- elsewhere in this section. tion occurs. Incinerators of that type (2) Construction, renovation, or dem- can be constructed above or below olition wastes (for example, railroad ground and with or without refractory ties and telephone poles) that are ex- walls and floor. empt from the definition of ‘‘municipal Batch municipal waste combustion unit solid waste’’ in this section. means a municipal waste combustion Co-fired combustion unit means a unit unit designed so it cannot combust mu- that combusts municipal solid waste nicipal solid waste continuously 24 with nonmunicipal solid waste fuel (for hours per day because the design does example, coal, industrial process not allow waste to be fed to the unit or waste). To be considered a co-fired ash to be removed during combustion. combustion unit, the unit must be sub- Calendar quarter means three con- ject to a federally enforceable permit secutive months (nonoverlapping) be- that limits it to combusting a fuel feed ginning on: January 1, April 1, July 1, stream which is 30 percent or less (by or October 1. weight) municipal solid waste as meas- Calendar year means 365 (or 366 con- ured each calendar quarter. secutive days for leap years) consecu- Continuous burning means the contin- tive days starting on January 1 and uous, semicontinuous, or batch feeding ending on December 31. of municipal solid waste to dispose of Chief facility operator means the per- the waste, produce energy, or provide son in direct charge and control of the heat to the combustion system in prep- operation of a municipal waste com- aration for waste disposal or energy bustion unit. That person is respon- production. Continuous burning does sible for daily onsite supervision, tech- not mean the use of municipal solid nical direction, management, and over- waste solely to thermally protect the all performance of the municipal waste grate or hearth during the startup pe- combustion unit. riod when municipal solid waste is not Class I units mean small municipal fed to the grate or hearth. waste combustion units subject to this Continuous emission monitoring system subpart that are located at municipal means a monitoring system that con- waste combustion plants with an ag- tinuously measures the emissions of a gregate plant combustion capacity pollutant from a municipal waste com- greater than 250 tons per day of munic- bustion unit. ipal solid waste. See the definition in Dioxins/furans mean tetra- through this section of ‘‘municipal waste com- octachlorinated dibenzo-p-dioxins and bustion plant capacity’’ for specifica- dibenzofurans. tion of which units at a plant site are Eight-hour block average means the included in the aggregate capacity cal- average of all hourly emission con- culation. centrations or parameter levels when Class II units mean small municipal the municipal waste combustion unit waste combustion units subject to this operates and combusts municipal solid subpart that are located at municipal waste measured over any of three 8- waste combustion plants with an ag- hour periods of time:

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(1) 12:00 midnight to 8:00 a.m. separated materials available for recy- (2) 8:00 a.m. to 4:00 p.m. cling. A materials separation plan may (3) 4:00 p.m. to 12:00 midnight. include three items: Federally enforceable means all limits (1) Elements such as dropoff facili- and conditions the Administrator can ties, buy-back or deposit-return incen- enforce (including the requirements of tives, curbside pickup programs, or 40 CFR parts 60, 61, and 63), require- centralized mechanical separation sys- ments in a State’s implementation tems. plan, and any permit requirements es- (2) Different goals or approaches for tablished under 40 CFR 52.21 or under 40 different subareas in the service area. CFR 51.18 and 40 CFR 51.24. (3) No materials separation activities First calendar half means the period for certain subareas or, if warranted, that starts on January 1 and ends on the entire service area. June 30 in any year. Maximum demonstrated load of a mu- Fluidized bed combustion unit means a nicipal waste combustion unit means the unit where municipal waste is com- highest 4-hour block arithmetic aver- busted in a fluidized bed of material. age municipal waste combustion unit The fluidized bed material may remain load achieved during 4 consecutive in the primary combustion zone or may hours in the course of the most recent be carried out of the primary combus- dioxins/furans stack test that dem- tion zone and returned through a recir- onstrates compliance with the applica- culation loop. ble emission limit for dioxins/furans Four-hour block average or 4-hour specified in this subpart. block average means the average of all Maximum demonstrated temperature of hourly emission concentrations or pa- the particulate matter control device rameter levels when the municipal means the highest 4-hour block arith- waste combustion unit operates and metic average flue gas temperature combusts municipal solid waste meas- measured at the inlet of the particu- ured over any of six 4-hour periods: late matter control device during 4 (1) 12:00 midnight to 4:00 a.m. consecutive hours in the course of the (2) 4:00 a.m. to 8:00 a.m. most recent stack test for dioxins/ (3) 8:00 a.m. to 12:00 noon. furans emissions that demonstrates (4) 12:00 noon to 4:00 p.m. compliance with the limits specified in (5) 4:00 p.m. to 8:00 p.m. this subpart. (6) 8:00 p.m. to 12:00 midnight. Medical/infectious waste means any Mass burn refractory municipal waste waste meeting the definition of ‘‘med- combustion unit means a field-erected ical/infectious waste’’ in § 60.51c of sub- municipal waste combustion unit that part E, of this part. combusts municipal solid waste in a re- Mixed fuel-fired (pulverized coal/refuse- fractory wall furnace. Unless otherwise derived fuel) combustion unit means a specified, that includes municipal combustion unit that combusts coal waste combustion units with a cylin- and refuse-derived fuel simultaneously, drical rotary refractory wall furnace. in which pulverized coal is introduced Mass burn rotary waterwall municipal into an air stream that carries the coal waste combustion unit means a field- to the combustion chamber of the unit erected municipal waste combustion where it is combusted in suspension. unit that combusts municipal solid That includes both conventional pul- waste in a cylindrical rotary waterwall verized coal and micropulverized coal. furnace. Modification or modified municipal Mass burn waterwall municipal waste waste combustion unit means a munic- combustion unit means a field-erected ipal waste combustion unit you have municipal waste combustion unit that changed after June 6, 2001 and that combusts municipal solid waste in a meets one of two criteria: waterwall furnace. (1) The cumulative cost of the Materials separation plan means a changes over the life of the unit ex- plan that identifies a goal and an ap- ceeds 50 percent of the original cost of proach for separating certain compo- building and installing the unit (not in- nents of municipal solid waste for a cluding the cost of land) updated to given service area in order to make the current costs.

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(2) Any physical change in the mu- and telephone poles); clean wood; in- nicipal waste combustion unit or dustrial process or manufacturing change in the method of operating it wastes; medical waste; or motor vehi- that increases the emission level of any cles (including motor vehicle parts or air pollutant for which new source per- vehicle fluff). formance standards have been estab- Municipal waste combustion plant lished under section 129 or section 111 means one or more municipal waste of the CAA. Increases in the emission combustion units at the same location level of any air pollutant are deter- as specified under Applicability mined when the municipal waste com- (§ 60.1015(a)and (b)). bustion unit operates at 100 percent of Municipal waste combustion plant ca- its physical load capability and are pacity means the aggregate municipal measured downstream of all air pollu- waste combustion capacity of all mu- tion control devices. Load restrictions nicipal waste combustion units at the based on permits or other nonphysical plant that are subject to subparts Ea or operational restrictions cannot be con- Eb of this part, or this subpart. sidered in the determination. Municipal waste combustion unit Modular excess-air municipal waste means any setting or equipment that combustion unit means a municipal combusts solid, liquid, or gasified mu- waste combustion unit that combusts nicipal solid waste including, but not municipal solid waste, is not field- limited to, field-erected combustion erected, and has multiple combustion units (with or without heat recovery), chambers, all of which are designed to modular combustion units (starved-air operate at conditions with combustion or excess-air), boilers (for example, air amounts in excess of theoretical air steam generating units), furnaces requirements. (whether suspension-fired, grate-fired, Modular starved-air municipal waste mass-fired, air curtain incinerators, or combustion unit means a municipal fluidized bed-fired), and pyrolysis/com- waste combustion unit that combusts bustion units. Two criteria further de- municipal solid waste, is not field- erected, and has multiple combustion fine municipal waste combustion units: chambers in which the primary com- (1) Municipal waste combustion units bustion chamber is designed to operate do not include pyrolysis or combustion at substoichiometric conditions. units located at a plastics or rubber re- Municipal solid waste or municipal- cycling unit as specified under Applica- type solid waste means household, com- bility (§ 60.1020(h) and (i)). Municipal mercial/retail, or institutional waste. waste combustion units also do not in- Household waste includes material dis- clude cement kilns that combust mu- carded by residential dwellings, hotels, nicipal solid waste as specified under motels, and other similar permanent or Applicability (§ 60.1020(j)). Municipal temporary housing. Commercial/retail waste combustion units also do not in- waste includes material discarded by clude internal combustion engines, gas stores, offices, restaurants, ware- turbines, or other combustion devices houses, nonmanufacturing activities at that combust landfill gases collected industrial facilities, and other similar by landfill gas collection systems. establishments or facilities. Institu- (2) The boundaries of a municipal tional waste includes materials dis- waste combustion unit are defined as carded by schools, by hospitals (non- follows. The municipal waste combus- medical), by nonmanufacturing activi- tion unit includes, but is not limited ties at prisons and government facili- to, the municipal solid waste fuel feed ties, and other similar establishments system, grate system, flue gas system, or facilities. Household, commercial/re- bottom ash system, and the combus- tail, and institutional waste does in- tion unit water system. The municipal clude yard waste and refuse-derived waste combustion unit does not include fuel. Household, commercial/retail, and air pollution control equipment, the institutional waste does not include stack, water treatment equipment, or used oil; sewage sludge; wood pallets; the turbine-generator set. The munic- construction, renovation, and demoli- ipal waste combustion unit boundary tion wastes (which include railroad ties starts at the municipal solid waste pit

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or hopper and extends through three would occur from combusting munic- areas: ipal solid waste without emission con- (i) The combustion unit flue gas sys- trols for acid gases. tem, which ends immediately after the Potential mercury emissions means the heat recovery equipment or, if there is level of emissions from a municipal no heat recovery equipment, imme- waste combustion unit that would diately after the combustion chamber. occur from combusting municipal solid (ii) The combustion unit bottom ash waste without controls for mercury system, which ends at the truck load- emissions. ing station or similar equipment that Potential sulfur dioxide emissions transfers the ash to final disposal. It means the level of emissions from a includes all ash handling systems con- municipal waste combustion unit that nected to the bottom ash handling sys- would occur from combusting munic- tem. ipal solid waste without emission con- (iii) The combustion unit water sys- trols for acid gases. tem, which starts at the feed water Pyrolysis/combustion unit means a unit pump and ends at the piping that exits that produces gases, liquids, or solids the steam drum or superheater. by heating municipal solid waste. The Particulate matter means total partic- gases, liquids, or solids produced are ulate matter emitted from municipal combusted and the emissions vented to waste combustion units as measured the atmosphere. using EPA Reference Method 5 in ap- Reconstruction means rebuilding a pendix A of this part and the proce- municipal waste combustion unit and dures specified in § 60.1300. meeting two criteria: Plastics or rubber recycling unit means (1) The reconstruction begins after an integrated processing unit for which June 6, 2001. plastics, rubber, or rubber tires are the (2) The cumulative cost of the con- only feed materials (incidental construction over the life of the unit ex- taminants may be in the feed mate- ceeds 50 percent of the original cost of rials). The feed materials are processed building and installing the municipal and marketed to become input feed waste combustion unit (not including stock for chemical plants or petroleum land) updated to current costs (current refineries. The following three criteria dollars). To determine what systems further define a plastics or rubber recy- are within the boundary of the munic- cling unit: ipal waste combustion unit used to cal- (1) Each calendar quarter, the com- culate those costs, see the definition in bined weight of the feed stock that a this section of ‘‘municipal waste com- plastics or rubber recycling unit pro- bustion unit.’’ duces must be more than 70 percent of Refractory unit or refractory wall fur- the combined weight of the plastics, nace means a municipal waste combus- rubber, and rubber tires that recycling tion unit that has no energy recovery unit processes. (such as through a waterwall) in the (2) The plastics, rubber, or rubber furnace of the municipal waste com- tires fed to the recycling unit may bustion unit. originate from separating or diverting Refuse-derived fuel means a type of plastics, rubber, or rubber tires from municipal solid waste produced by municipal or industrial solid waste. processing municipal solid waste The feed materials may include manu- through shredding and size classifica- facturing scraps, trimmings, and off- tion. That includes all classes of specification plastics, rubber, and rub- refuse-derived fuel including two fuels: ber tire discards. (1) Low-density fluff refuse-derived (3) The plastics, rubber, and rubber fuel through densified refuse-derived tires fed to the recycling unit may con- fuel. tain incidental contaminants (for ex- (2) Pelletized refuse-derived fuel. ample, paper labels on plastic bottles Same location means the same or con- or metal rings on plastic bottle caps). tiguous properties under common own- Potential hydrogen chloride emissions ership or control, including those sepa- means the level of emissions from a rated only by a street, road, highway, municipal waste combustion unit that or other public right-of-way. Common

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ownership or control includes prop- semisuspension combusting mode, erties that are owned, leased, or oper- using air-fed distributors. ated by the same entity, parent entity, Total mass dioxins/furans or total mass subsidiary, subdivision, or any com- means the total mass of tetra-through bination thereof. Entities may include octachlorinated dibenzo-p-dioxins and a municipality, other governmental dibenzofurans as determined using EPA unit, or any quasi-governmental au- Reference Method 23 in appendix A of thority (for example, a public utility this part and the procedures specified district or regional authority for waste in § 60.1300. disposal). Twenty-four hour daily average or 24- Second calendar half means the period hour daily average means either the that starts on July 1 and ends on De- arithmetic mean or geometric mean cember 31 in any year. (as specified) of all hourly emission Shift supervisor means the person who concentrations when the municipal is in direct charge and control of oper- waste combustion unit operates and ating a municipal waste combustion combusts municipal solid waste meas- unit and who is responsible for onsite ured during the 24 hours between 12:00 supervision, technical direction, man- midnight and the following midnight. agement, and overall performance of Untreated lumber means wood or wood the municipal waste combustion unit products that have been cut or shaped during an assigned shift. and include wet, air-dried, and kiln- Spreader stoker, mixed fuel-fired (coal/ dried wood products. Untreated lumber refuse-derived fuel) combustion unit does not include wood products that means a municipal waste combustion have been painted, pigment-stained, or unit that combusts coal and refuse-de- pressure-treated by compounds such as rived fuel simultaneously, in which chromate copper arsenate, coal is introduced to the combustion pentachlorophenol, and creosote. zone by a mechanism that throws the Waterwall furnace means a municipal fuel onto a grate from above. Combus- waste combustion unit that has energy tion takes place both in suspension and (heat) recovery in the furnace (for ex- on the grate. ample, radiant heat transfer section) of Standard conditions when referring to the combustion unit. units of measure mean a temperature Yard waste means grass, grass clip- of 20 °C and a pressure of 101.3 pings, bushes, shrubs, and clippings kilopascals. from bushes and shrubs. They come Startup period means the period when from residential, commercial/retail, in- a municipal waste combustion unit be- stitutional, or industrial sources as gins the continuous combustion of mu- part of maintaining yards or other pri- nicipal solid waste. It does not include vate or public lands. Yard waste does any warmup period during which the not include two items: municipal waste combustion unit com- (1) Construction, renovation, and busts fossil fuel or other solid waste demolition wastes that are exempt fuel but receives no municipal solid from the definition of ‘‘municipal solid waste. waste’’ in this section. Stoker (refuse-derived fuel) combustion (2) Clean wood that is exempt from unit means a steam generating unit the definition of ‘‘municipal solid that combusts refuse-derived fuel in a waste’’ in this section.

TABLE 1 TO SUBPART AAAA OF PART 60—EMISSION LIMITS FOR NEW SMALL MUNICIPAL WASTE COMBUSTION UNITS

For the following pollutants You must meet the Using the following And determine compliance by the following emission limits a averaging times following methods

1. Organics Dioxins/Furans (total mass 13 nanograms per dry 3-run average (minimum Stack test. basis). standard cubic meter. run duration is 4 hours). 2. Metals:

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For the following pollutants You must meet the Using the following And determine compliance by the following emission limits a averaging times following methods

Cadmium ...... 0.020 milligrams per dry 3-run average (run dura- Stack test. standard cubic meter. tion specified in test method). Lead ...... 0.20 milligrams per dry 3-run average (run dura- Stack test. standard cubic meter. tion specified in test method). Mercury ...... 0.080 milligrams per dry 3-run average (run dura- Stack test. standard cubic meter or tion specified in test 85 percent reduction of method). potential mercury emissions. Opacity ...... 10 percent ...... Thirty 6-minute averages Stack test. Particulate Matter ...... 24 milligrams per dry 3-run average (run dura- Stack test. standard cubic meter. tion specified in test method). 3. Acid Gases: Hydrogen Chloride ...... 25 parts per million by dry 3-run average (minimum Stack test volume or 95 percent run duration is 1 hour). reduction of potential hydrogen chloride emissions. Nitrogen Oxides (Class I 150 (180 for 1st year of 24-hour daily block arith- Continuous emission monitoring sys- units) b. operation) parts per mil- metic average con- tem. lion by dry volume. centration. Nitrogen Oxides (Class II 500 parts per million by See footnote d ...... See footnote d units) c. dry volume. Sulfur Dioxide ...... 30 parts per million by dry 24-hour daily block geo- Continuous monitoring emission sys- volume or 80 percent metric average con- tem. reduction of potential centration or percent re- sulfur dioxide emissions. duction. 4. Other: Fugitive Ash ...... Visible emissions for no Three 1-hour observation Visible emission test. more than 5 percent of periods. hourly observation period.

a All emission limits (except for opacity) are measured at 7 percent oxygen. b Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions. c Class II units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity no more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions. d No monitoring, testing, recordkeeping, or reporting is required to demonstrate compliance with the nitrogen oxides limit for Class II units.

TABLE 2 TO SUBPART AAAA OF PART 60—CARBON MONOXIDE EMISSION LIMITS FOR NEW SMALL MUNICIPAL WASTE COMBUSTION UNITS

For the following municipal waste combustion You must meet the following Using the following averaging units carbon monoxide limits a times b

1. Fluidized-bed ...... 100 parts per million by dry volume ...... 4-hour. 2. Fluidized bed, mixed fuel, (wood/refuse-de- 200 parts per million by dry volume ...... 24-hour. c rived fuel). 3. Mass burn rotary refractory ...... 100 parts per million by dry volume ...... 4-hour. 4. Mass burn rotary waterwall ...... 100 parts per million by dry volume ...... 24-hour. 5. Mass burn waterwall and refractory ...... 100 parts per million by dry volume ...... 4-hour. 6. Mixed fuel-fired (pulverized coal/refuse-de- 150 parts per million by dry volume ...... 4-hour. rived fuel). 7. Modular starved-air and excess air ...... 50 parts per million by dry volume ...... 4-hour. 8. Spreader stoker, mixed fuel-fired (coal/ 150 parts per million by dry volume ...... 24-hour daily. refuse-derived fuel). 9. Stoker, refuse-derived fuel ...... 150 parts per million by dry volume ...... 24-hour daily.

a All limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous emission monitoring systems. b Block averages, arithmetic mean. See § 60.1465 for definitions. c 24-hour block average, geometric mean. See § 60.1465 for definitions.

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TABLE 3 TO SUBPART AAAA OF PART 60—REQUIREMENTS FOR VALIDATING CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

Use the following methods in appendix A Use the following methods in appendix For the following continuous emission of this part to validate pollutant concentra- A of this part to measure oxygen (or monitoring systems tion levels carbon dioxide)

1. Nitrogen Oxides (Class I units only) a .... Method 7, 7A, 7B, 7C, 7D, or 7E ...... Method 3 or 3A. 2. Sulfur Dioxide ...... Method 6 or 6C ...... Method 3 or 3A. 3. Carbon Monoxide ...... Method 10, 10A, or 10B ...... Method 3 or 3A. a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions.

TABLE 4 TO SUBPART AAAA OF PART 60—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

Use the following per- If needed to meet minimum formance specifica- data requirements, use the For the following pollutants Use the following span values for your tions in appendix B of following alternate methods CEMS this part for your in appendix A of this part CEMS to collect data

1. Opacity ...... 100 percent opacity ...... P.S. 1 Method 9. 2. Nitrogen Oxides (Class I Control device outlet: 125 percent of the P.S. 2 Method 7E. units only) a. maximum expected hourly potential nitrogen oxides emissions of the municipal waste combustion unit. 3. Sulfur Dioxide ...... Inlet to control device: 125 percent of the P.S. 2 Method 6C. maximum expected sulfur dioxide emissions of the municipal waste combustion unit. Control device outlet: 50 percent of the maximum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit. 4. Carbon Monoxide...... 125 percent of the maximum expected P.S. 4A Method 10 alternative inter- hourly potential carbon with monoxide ference trap. emissions of the municipal waste combustion unit. 5. Oxygen or Carbon Diox- 25 percent oxygen or 25 percent carbon di- P.S. 3 Method 3A or 3B. ide. oxide. a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity more than 250 tons per day of municipal solid waste. See § 60.1465 for definitions.

TABLE 5 TO SUBPART AAAA OF PART 60—REQUIREMENTS FOR STACK TESTS

Use the following meth- Use the methods in ap- To measure the fol- ods in appendix A of pendix A of this part to lowing pollutants this part to determine measure pollutant con- Also note the following additional information the sampling location centration

1. Organics: Dioxins/Furans ...... Method 1 ...... Method 23 a ...... The minimum sampling time must be 4 hours per test run while the municipal waste combustion unit is operating at full load. 2. Metals: Cadmium ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Lead ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Mercury ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Opacity ...... Method 9 ...... Method 9 ...... Use Method 9 to determine compliance with opacity limit. 3-hour observation period (thirty 6-minute averages). Particulate Matter ... Method 1 ...... Method 5 a ...... The minimum sample Matter volume must be 1.0 cubic meters. The probe and filter holder heating systems in the sample train must be set to provide a gas temperature no greater than 160 ±14 °C. The minimum sampling time is 1 hour.

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3. Acid Gases: b Hydrogen Chloride Method 1 ...... Method 26 or 26A a ...... Test runs must be at least 1 hour long while the municipal waste combustion unit is operating at full load. 4. Other: b Fugitive Ash ...... Not applicable ...... Method 22 (visible The three 1-hour observation period must in- emissions). clude periods when the facility transfers fugitive ash from the municipal waste combustion unit to the area where the fugitive ash is stored or loaded into containers or trucks. a Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part. b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for quality assurance requirements in appendix F of this part.

Subpart BBBB—Emission Guide- § 60.1510 Is a State plan required for lines and Compliance Times all States? for Small Municipal Waste No, you are not required to submit a Combustion Units Constructed State plan if there are no existing small municipal waste combustion on or Before August 30, 1999 units in your State and you submit a negative declaration letter in place of SOURCE: 65 FR 76384, Dec. 6, 2000, unless the State plan. otherwise noted. § 60.1515 What must I include in my INTRODUCTION State plan? (a) Include nine items: § 60.1500 What is the purpose of this (1) Inventory of affected municipal subpart? waste combustion units, including This subpart establishes emission those that have ceased operation but guidelines and compliance schedules have not been dismantled. for the control of emissions from exist- (2) Inventory of emissions from af- ing small municipal waste combustion fected municipal waste combustion units. The pollutants addressed by the units in your State. emission guidelines are listed in tables (3) Compliance schedules for each af- 2, 3, 4, and 5 of this subpart. The emis- fected municipal waste combustion sion guidelines are developed in accord- unit. ance with sections 111(d) and 129 of the (4) Good combustion practices and emission limits for affected municipal Clean Air Act (CAA) and subpart B of waste ombustion units that are at least this part. as protective as the emission guide- § 60.1505 Am I affected by this sub- lines contained in this subpart. part? (5) Stack testing, continuous emission monitoring, recordkeeping, and re- (a) If you are the Administrator of an porting requirements. air quality program in a State or (6) Certification that the hearing on United States protectorate with one or the State plan was held, a list of wit- more existing small municipal waste nesses and their organizational affili- combustion units that commenced con- ations, if any, appearing at the hear- struction on or before August 30, 1999, ing, and a brief written summary of you must submit a State plan to the each presentation or written submis- U.S. Environmental Protection Agency sion. (EPA) that implements the emission (7) Provision for State progress re- guidelines contained in this subpart. ports to EPA. (b) You must submit the State plan (8) Identification of enforceable State to EPA by December 6, 2001. mechanisms that you selected for implementing the emission guidelines of this subpart.

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(9) Demonstration of your State’s § 60.1535 What compliance schedule legal authority to carry out the CAA must I include in my State plan? sections 111(d) and 129 State plan. (a) Your State plan must include (b) Your State plan can deviate from compliance schedules that require the format and content of the emission small municipal waste combustion guidelines contained in this subpart. units to achieve final compliance or However, if your State plan does devi- cease operation as expeditiously as ate, you must demonstrate that your practicable but not later than the ear- State plan is as protective as the emis- lier of two dates: sion guidelines contained in this sub- (1) December 6, 2005. part. Your State plan must address (2) Three years after the effective regulatory applicability, increments of date of State plan approval. progress for retrofit, operator training (b) For compliance schedules longer and certification, operating practice, than 1 year after the effective date of emission limits, continuous emission State plan approval, State plans must monitoring, stack testing, record- include two items: keeping, reporting, and air curtain in- (1) Dates for enforceable increments cinerator requirements. of progress as specified in § 60.1590. (c) Follow the requirements of sub- (2) For Class I units (see definition in part B of this part in your State plan. § 60.1940), dioxins/furans stack test results for at least one test conducted § 60.1520 Is there an approval process during or after 1990. The stack tests for my State plan? must have been conducted according to The EPA will review your State plan the procedures specified under § 60.1790. according to § 60.27. (c) Class I units that commenced construction after June 26, 1987 must com- § 60.1525 What if my State plan is not ply with the dioxins/furans and mer- approvable? cury limits specified in tables 2 and 3 of If you do not submit an approvable this subpart by the later of two dates: State plan (or a negative declaration (1) One year after the effective date letter), EPA will develop a Federal of State plan approval. plan, according to § 60.27 to implement (2) One year following the issuance of the emission guidelines contained in a revised construction or operation this subpart. Owners and operators of permit, if a permit modification is re- municipal waste combustion units not quired. covered by an approved and currently effective State plan must comply with § 60.1540 Are there any State plan re- the Federal plan. The Federal plan is quirements for this subpart that su- an interim action and, by its own persede the requirements specified terms, will cease to apply when your in subpart B? State plan is approved and becomes ef- Subpart B of this part establishes fective. general requirements for developing and processing CAA section 111(d) § 60.1530 Is there an approval process plans. This subpart applies instead of for a negative declaration letter? the requirements in subpart B of this No, the EPA has no formal review part, for two items: process for negative declaration let- (a) Option for case-by-case less strin- ters. Once your negative declaration gent emission standards and longer com- letter has been received, EPA will pliance schedules. State plans developed place a copy in the public docket and to implement this subpart must be as publish a notice in the FEDERAL REG- protective as the emission guidelines ISTER. If, at a later date, an existing contained in this subpart. State plans small municipal waste combustion unit must require all municipal waste com- is identified in your State, the Federal bustion units to comply no later than plan implementing the emission guide- December 6, 2005. That requirement ap- lines contained in this subpart will plies instead of the option for case-by- automatically apply to that municipal case less stringent emission standards waste combustion unit until your and longer compliance schedules in State plan is approved. § 60.24(f).

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(b) Increments of progress requirements. (2) The municipal waste combustion For Class II units (see definition in unit commenced construction on or be- § 60.1940), a State plan must include at fore August 30, 1999. least two increments of progress for (b) If an owner or operator of a mu- the affected municipal waste combus- nicipal waste combustion unit makes tion units. The two minimum incre- changes that meet the definition of ments are the final control plan sub- modification or reconstruction after mittal date and final compliance date June 6, 2001 for subpart AAAA of this in § 60.21(h)(1) and (5). That require- part, the municipal waste combustion ment applies instead of the require- unit becomes subject to subpart AAAA ment of § 60.24(e)(1) that would require of this part and the State plan no a State plan to include all five incre- longer applies to that unit. ments of progress for all municipal (c) If an owner or operator of a mu- waste combustion units. For Class I nicipal waste combustion unit makes units under this subpart, the final con- physical or operational changes to an trol plan must contain the five incre- existing municipal waste combustion ments of progress in § 60.24(e)(1). unit primarily to comply with your State plan, subpart AAAA of this part § 60.1545 Does this subpart directly af- (New Source Performance Standards fect municipal waste combustion for New Small Municipal Waste Com- unit owners and operators in my bustion Units) does not apply to that State? unit. Such changes do not constitute (a) No, this subpart does not directly modifications or reconstructions under affect municipal waste combustion subpart AAAA of this part. unit owners and operators in your State. However, municipal waste com- § 60.1555 Are any small municipal bustion unit owners and operators waste combustion units exempt must comply with the State plan you from my State plan? developed to implement the emission (a) Small municipal waste combustion guidelines contained in this subpart. units that combust less than 11 tons per Some States may incorporate the emis- day. Units are exempt from your State sion guidelines contained in this sub- plan if four requirements are met: part into their State plans by direct in- (1) The municipal waste combustion corporation by reference. Others may unit is subject to a federally enforce- include the model rule text directly in able permit limiting the amount of their State plan. municipal solid waste combusted to (b) All municipal waste combustion less than 11 tons per day. units must be in compliance with the (2) You are notified by the owner or requirements established in this sub- operator that the unit qualifies for the part by December 6, 2005, whether the exemption. municipal waste combustion unit is (3) You receive from the owner or op- regulated under a State or Federal erator of the unit a copy of the feder- plan. ally enforceable permit. (4) The owner or operator of the unit APPLICABILITY OF STATE PLANS keeps daily records of the amount of municipal solid waste combusted. § 60.1550 What municipal waste com- (b) Small power production units. Units bustion units must I address in my are exempt from your State plan if four State plan? requirements are met: (a) Your State plan must address all (1) The unit qualifies as a small existing small municipal waste com- power production facility under section bustion units in your State that meet 3(17)(C) of the Federal Power Act (16 two criteria: U.S.C. 796(17)(C)). (1) The municipal waste combustion (2) The unit combusts homogeneous unit has the capacity to combust at waste (excluding refuse-derived fuel) to least 35 tons per day of municipal solid produce electricity. waste but no more than 250 tons per (3) You are notified by the owner or day of municipal solid waste or refuse- operator that the unit qualifies for the derived fuel. exemption.

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(4) You receive documentation from (3) You receive from the owner or op- the owner or operator that the unit erator of the unit a copy of the feder- qualifies for the exemption. ally enforceable permit. (c) Cogeneration units. Units are ex- (4) The owner or operator records the empt from your State plan if four re- weights, each quarter, of municipal quirements are met: solid waste and of all other fuels com- (1) The unit qualifies as a cogenera- busted. tion facility under section 3(18)(B) of (h) Plastics/rubber recycling units. the Federal Power Act (16 U.S.C. Units are exempt from your State plan 796(18)(B)). if four requirements are met: (2) The unit combusts homogeneous (1) The pyrolysis/combustion unit is waste (excluding refuse-derived fuel) to an integrated part of a plastics/rubber produce electricity and steam or other recycling unit as defined under ‘‘Defi- forms of energy used for industrial, nitions’’ (§ 60.1940). commercial, heating, or cooling pur- (2) The owner or operator of the unit records the weight, each quarter, of poses. plastics, rubber, and rubber tires proc- (3) You are notified by the owner or essed. operator that the unit qualifies for the (3) The owner or operator of the unit exemption. records the weight, each quarter, of (4) You receive documentation from feed stocks produced and marketed the owner or operator that the unit from chemical plants and petroleum qualifies for the exemption. refineries. (d) Municipal waste combustion units (4) The owner or operator of the unit that combust only tires. Units are ex- keeps the name and address of the pur- empt from your State plan if three re- chaser of the feed stocks. quirements are met: (i) Units that combust fuels made from (1) The municipal waste combustion products of plastics/rubber recycling unit combusts a single-item waste plants. Units are exempt from your stream of tires and no other municipal State plan if two requirements are waste (the unit can co-fire coal, fuel met: oil, natural gas, or other nonmunicipal (1) The unit combusts gasoline, diesel solid waste). fuel, jet fuel, fuel oils, residual oil, re- (2) You are notified by the owner or finery gas, petroleum coke, liquified operator that the unit qualifies for the petroleum gas, propane, or butane pro- exemption. duced by chemical plants or petroleum (3) You receive documentation from refineries that use feed stocks produced the owner or operator that the unit by plastics/rubber recycling units. qualifies for the exemption. (2) The unit does not combust any (e) Hazardous waste combustion units. other municipal solid waste. Units are exempt from your State plan (j) Cement kilns. Cement kilns that if the units have received a permit combust municipal solid waste are ex- under section 3005 of the Solid Waste empt from your State plan. Disposal Act. (k) Air curtain incinerators. If an air (f) Materials recovery units. Units are curtain incinerator (see § 60.1940 for def- exempt from your State plan if the inition) combusts 100 percent yard units combust waste mainly to recover waste, then those units must only meet metals. Primary and secondary smelt- the requirements under ‘‘Model Rule— ers may qualify for the exemption. Air Curtain Incinerators That Burn 100 Percent Yard Waste’’ (§§ 60.1910 through (g) Co-fired units. Units are exempt 60.1930). from your State plan if four requirements are met: § 60.1560 Can an affected municipal (1) The unit has a federally enforce- waste combustion unit reduce its able permit limiting municipal solid capacity to less than 35 tons per waste combustion to 30 percent of the day rather than comply with my total fuel input by weight. State plan? (2) You are notified by the owner or (a) Yes, an owner or operator of an operator that the unit qualifies for the affected municipal waste combustion exemption. unit may choose to reduce, by your

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final compliance date, the maximum of which units at a plant are included combustion capacity of the unit to less in the aggregate capacity calculation.) than 35 tons per day of municipal solid waste rather than comply with your USE OF MODEL RULE State plan. They must submit a final control plan and the notifications of § 60.1570 What is the ‘‘model rule’’ in this subpart? achievement of increments of progress as specified in § 60.1610. (a) The model rule is the portion of (b) The final control plan must, at a the emission guidelines (§§ 60.1585 minimum, include two items: through 60.1905) that addresses the reg- (1) A description of the physical ulatory requirements applicable to changes that will be made to accom- small municipal waste combustion plish the reduction. units. The model rule provides the re- (2) Calculations of the current max- quirements in a regulation format. imum combustion capacity and the (b) In the model rule, ‘‘you’’ means planned maximum combustion capac- the owner or operator of a small mu- ity after the reduction. Use the equa- nicipal waste combustion unit. tions specified under § 60.1935(d) and (e) § 60.1575 How does the model rule re- to calculate the combustion capacity late to the required elements of my of a municipal waste combustion unit. State plan? (c) A permit restriction or a change The model rule may be used to sat- in the method of operation does not isfy the State plan requirements speci- qualify as a reduction in capacity. Use fied in § 60.1515(a)(4) and (5). Alternative the equations specified under language may be used in your State § 60.1935(d) and (e) to calculate the com- plan, but only if you can demonstrate bustion capacity of a municipal waste that the alternative language is as pro- combustion unit. tective as the model rule.

§ 60.1565 What subcategories of small § 60.1580 What are the principal com- municipal waste combustion units ponents of the model rule? must I include in my State plan? The model rule contains five major This subpart specifies different re- components: quirements for different subcategories (a) Increments of progress toward of municipal waste combustion units. compliance. You must use those same two subcat- (b) Good combustion practices: egories in your State plan. Those two (1) Operator training. subcategories are based on the aggre- (2) Operator certification. gate capacity of the municipal waste (3) Operating requirements. combustion plant as follows: (c) Emission limits. (a) Class I units. Class I units are (d) Monitoring and stack testing. small municipal waste combustion (e) Recordkeeping and reporting. units that are located at municipal waste combustion plants with an ag- MODEL RULE—INCREMENTS OF gregate plant combustion capacity PROGRESS greater than 250 tons per day of municipal solid waste. (See the definition of § 60.1585 What are my requirements ‘‘municipal waste combustion plant ca- for meeting increments of progress pacity’’ in § 60.1940 for specification of and achieving final compliance? which units at a plant are included in (a) Class I units. If you plan to the aggregate capacity calculation.) achieve compliance more than 1 year (b) Class II units. Class II units are following the effective date of State small municipal waste combustion plan approval and a permit modifica- units that are located at municipal tion is not required, or more than 1 waste combustion plants with an ag- year following the date of issuance of a gregate plant combustion capacity less revised construction or operation per- than or equal to 250 tons per day of mu- mit if a permit modification is re- nicipal solid waste. (See the definition quired, you must meet five increments of ‘‘municipal waste combustion plant of progress: capacity’’ in § 60.1940 for specification (1) Submit a final control plan.

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(2) Submit a notification of retrofit tification an explanation of why the in- contract award. crement of progress was not met and (3) Initiate onsite construction. your plan for meeting the increment as (4) Complete onsite construction. expeditiously as possible. You must (5) Achieve final compliance. continue to submit reports each subse- (b) Class II units. If you plan to quent month until the increment of achieve compliance more than 1 year progress is met. following the effective date of State plan approval and a permit modifica- § 60.1610 How do I comply with the in- tion is not required, or more than 1 crement of progress for submittal of year following the date of issuance of a a control plan? revised construction or operation permit if a permit modification is re- For your control plan increment of quired, you must meet two increments progress, you must complete two of progress: items: (1) Submit a final control plan. (a) Submit the final control plan, in- (2) Achieve final compliance. cluding a description of the devices for air pollution control and process § 60.1590 When must I complete each changes that you will use to comply increment of progress? with the emission limits and other re- Table 1 of this subpart specifies com- quirements of this subpart. pliance dates for each of the incre- (b) You must maintain an onsite ments of progress for Class I and II copy of the final control plan. units. (See § 60.1940 for definitions of classes.) § 60.1615 How do I comply with the increment of progress for awarding § 60.1595 What must I include in the contracts? notifications of achievement of my increments of progress? You must submit a signed copy of the Your notification of achievement of contracts awarded to initiate onsite increments of progress must include construction, initiate onsite installa- three items: tion of emission control equipment, (a) Notification that the increment of and incorporate process changes. Sub- progress has been achieved. mit the copy of the contracts with the (b) Any items required to be sub- notification that the increment of mitted with the increment of progress progress has been achieved. You do not (§§ 60.1610 through 60.1630). need to include documents incor- (c) The notification must be signed porated by reference or the attach- by the owner or operator of the munic- ments to the contracts. ipal waste combustion unit. § 60.1620 How do I comply with the in- § 60.1600 When must I submit the noti- crement of progress for initiating fications of achievement of incre- onsite construction? ments of progress? You must initiate onsite construc- Notifications of the achievement of increments of progress must be post- tion and installation of emission con- marked no later than 10 days after the trol equipment and initiate the process compliance date for the increment. changes outlined in the final control plan. § 60.1605 What if I do not meet an increment of progress? § 60.1625 How do I comply with the in- If you fail to meet an increment of crement of progress for completing progress, you must submit a notifica- onsite construction? tion to the Administrator postmarked You must complete onsite construc- within 10 business days after the speci- tion and installation of emission con- fied date in table 1 of this subpart for trol equipment and complete process achieving that increment of progress. changes outlined in the final control The notification must inform the Ad- plan. ministrator that you did not meet the increment. You must include in the no-

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§ 60.1630 How do I comply with the in- MODEL RULE—GOOD COMBUSTION crement of progress for achieving PRACTICES: OPERATOR TRAINING final compliance? § 60.1645 What types of training must I For the final compliance increment do? of progress, you must complete two items: There are two types of required training: (a) Complete all process changes and (a) Training of operators of munic- complete retrofit construction as spec- ipal waste combustion units using the ified in the final control plan. EPA or a State-approved training (b) Connect the air pollution control course. equipment with the municipal waste (b) Training of plant personnel using combustion unit identified in the final a plant-specific training course. control plan and complete process changes to the municipal waste com- § 60.1650 Who must complete the oper- bustion unit so that if the affected mu- ator training course? By when? nicipal waste combustion unit is (a) Three types of employees must brought online, all necessary process complete the EPA or State-approved changes and air pollution control operator training course: equipment are operating as designed. (1) Chief facility operators. (2) Shift supervisors. § 60.1635 What must I do if I close my (3) Control room operators. municipal waste combustion unit and then restart my municipal (b) Those employees must complete waste combustion unit? the operator training course by the later of three dates: (a) If you close your municipal waste (1) One year after the effective date combustion unit but will reopen it of State plan approval. prior to the final compliance date in (2) Six months after your municipal your State plan, you must meet the in- waste combustion unit starts up. crements of progress specified in (3) The date before an employee as- § 60.1585. sumes responsibilities that affect oper- (b) If you close your municipal waste ation of the municipal waste combus- combustion unit but will restart it tion unit. after your final compliance date, you (c) The requirement in paragraph (a) must complete emission control ret- of this section does not apply to chief rofit and meet the emission limits and facility operators, shift supervisors, good combustion practices on the date and control room operators who have your municipal waste combustion unit obtained full certification from the restarts operation. American Society of Mechanical Engi- neers on or before the effective date of § 60.1640 What must I do if I plan to State plan approval. permanently close my municipal (d) You may request that the EPA waste combustion unit and not re- Administrator waive the requirement start it? in paragraph (a) of this section for (a) If you plan to close your munic- chief facility operators, shift super- ipal waste combustion unit rather than visors, and control room operators who comply with the State plan, you must have obtained provisional certification submit a closure notification, includ- from the American Society of Mechan- ing the date of closure, to the Adminis- ical Engineers on or before the effec- trator by the date your final control tive date of State plan approval. plan is due. (b) If the closure date is later than 1 § 60.1655 Who must complete the year after the effective date of State plant-specific training course? plan approval, you must enter into a All employees with responsibilities legally binding closure agreement with that affect how a municipal waste com- the Administrator by the date your bustion unit operates must complete final control plan is due. The agree- the plant-specific training course. In- ment must specify the date by which clude at least six types of employees: operation will cease. (a) Chief facility operators.

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(b) Shift supervisors. (g) Procedures for responding to peri- (c) Control room operators. odic upset or off-specification condi- (d) Ash handlers. tions. (e) Maintenance personnel. (h) Procedures for minimizing carry- (f) Crane or load handlers. over of particulate matter. (i) Procedures for handling ash. § 60.1660 What plant-specific training (j) Procedures for monitoring emis- must I provide? sions from the municipal waste combustion unit. For plant-specific training, you must (k) Procedures for recordkeeping and do four things: reporting. (a) For training at a particular plant, develop a specific operating manual for § 60.1670 Where must I keep the plant- that plant by the later of two dates: specific operating manual? (1) Six months after your municipal You must keep your operating man- waste combustion unit starts up. ual in an easily accessible location at (2) One year after the effective date your plant. It must be available for re- of State plan approval. view or inspection by all employees (b) Establish a program to review the who must review it and by the Admin- plant-specific operating manual with istrator. people whose responsibilities affect the operation of your municipal waste MODEL RULE—GOOD COMBUSTION combustion unit. Complete the initial PRACTICES: OPERATOR CERTIFICATION review by the later of three dates: (1) One year after the effective date § 60.1675 What types of operator cer- of State plan approval. tification must the chief facility operator and shift supervisor obtain (2) Six months after your municipal and by when must they obtain it? waste combustion unit starts up. (a) Each chief facility operator and (3) The date before an employee as- shift supervisor must obtain and keep a sumes responsibilities that affect oper- current provisional operator certifi- ation of the municipal waste combus- cation from the American Society of tion unit. Mechanical Engineers (QRO–1–1994) (in- (c) Update your manual annually. corporated by reference in § 60.17(h)(1)) (d) Review your manual with staff or a current provisional operator cer- annually. tification from your State certification program. § 60.1665 What information must I include in the plant-specific oper- (b) Each chief facility operator and ating manual? shift supervisor must obtain a provisional certification by the later of You must include 11 items in the op- three dates: erating manual for your plant: (1) For Class I units, 12 months after (a) A summary of all applicable re- the effective date of State plan ap- quirements in this subpart. proval. For Class II units, 18 months (b) A description of the basic combus- after the effective date of State plan tion principles that apply to municipal approval. waste combustion units. (2) Six months after the municipal (c) Procedures for receiving, han- waste combustion unit starts up. dling, and feeding municipal solid (3) Six months after they transfer to waste. the municipal waste combustion unit (d) Procedures to be followed during or 6 months after they are hired to periods of startup, shutdown, and mal- work at the municipal waste combus- function of the municipal waste com- tion unit. bustion unit. (c) Each chief facility operator and (e) Procedures for maintaining a shift supervisor must take one of three proper level of combustion air supply. actions: (f) Procedures for operating the mu- (1) Obtain a full certification from nicipal waste combustion unit in com- the American Society of Mechanical pliance with the requirements con- Engineers or a State certification pro- tained in this subpart. gram in your State.

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(2) Schedule a full certification exam room operator may perform those du- with the American Society of Mechan- ties without notice to, or approval by, ical Engineers (QRO–1–1994) (incor- the Administrator. porated by reference in § 60.17(h)(1)). (b) When the certified chief facility (3) Schedule a full certification exam operator and certified shift supervisor with your State certification program. are offsite for more than 12 hours, but (d) The chief facility operator and for 2 weeks or less, and no other cer- shift supervisor must obtain the full tified operator is onsite, the provision- certification or be scheduled to take ally certified control room operator the certification exam by the later of may perform those duties without no- the following dates: tice to, or approval by, the Adminis- (1) For Class I units, 12 months after trator. However, you must record the the effective date of State plan ap- periods when the certified chief facility proval. For Class II units, 18 months operator and certified shift supervisor after the effective date of State plan are offsite and include the information approval. in the annual report as specified under (2) Six months after the municipal § 60.1885(l). waste combustion unit starts up. (c) When the certified chief facility (3) Six months after they transfer to operator and certified shift supervisor the municipal waste combustion unit are offsite for more than 2 weeks, and or 6 months after they are hired to no other certified operator is onsite, work at the municipal waste combus- the provisionally certified control tion unit. room operator may perform those duties without notice to, or approval by, § 60.1680 After the required date for the Administrator. However, you must operator certification, who may op- take two actions: erate the municipal waste combus- (1) Notify the Administrator in writ- tion unit? ing. In the notice, state what caused After the required date for full or the absence and what you are doing to provisional certification, you must not ensure that a certified chief facility op- operate your municipal waste combus- erator or certified shift supervisor is tion unit unless one of four employees onsite. is on duty: (2) Submit a status report and correc- (a) A fully certified chief facility op- tive action summary to the Adminis- erator. trator every 4 weeks following the ini- (b) A provisionally certified chief fa- tial notification. If the Administrator cility operator who is scheduled to notifies you that your status report or take the full certification exam. corrective action summary is dis- (c) A fully certified shift supervisor. approved, the municipal waste combus- (d) A provisionally certified shift su- tion unit may continue operation for 90 pervisor who is scheduled to take the days, but then must cease operation. If full certification exam. corrective actions are taken in the 90- day period such that the Administrator § 60.1685 What if all the certified operators must be temporarily offsite? withdraws the disapproval, municipal waste combustion unit operation may If the certified chief facility operator continue. and certified shift supervisor both are unavailable, a provisionally certified MODEL RULE—GOOD COMBUSTION control room operator at the municipal PRACTICES: OPERATING REQUIREMENTS waste combustion unit may fulfill the certified operator requirement. De- § 60.1690 What are the operating prac- pending on the length of time that a tice requirements for my municipal certified chief facility operator and waste combustion unit? certified shift supervisor are away, you (a) You must not operate your mu- must meet one of three criteria: nicipal waste combustion unit at loads (a) When the certified chief facility greater than 110 percent of the max- operator and certified shift supervisor imum demonstrated load of the munic- are both offsite for 12 hours or less and ipal waste combustion unit (4-hour no other certified operator is onsite, block average), as specified under the provisionally certified control ‘‘Definitions’’ (§ 60.1940).

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(b) You must not operate your mu- (iv) Perform other activities to im- nicipal waste combustion unit so that prove the performance of your munic- the temperature at the inlet of the par- ipal waste combustion unit. ticulate matter control device exceeds (v) Perform other activities to ad- 17 °C above the maximum dem- vance the state of the art for emission onstrated temperature of the particu- controls for your municipal waste com- late matter control device (4-hour bustion unit. block average), as specified under ‘‘Definitions’’ (§ 60.1940). § 60.1695 What happens to the operating requirements during periods (c) If your municipal waste combus- of startup, shutdown, and malfunction unit uses activated carbon to con- tion? trol dioxins/furans or mercury emis- (a) The operating requirements of sions, you must maintain an 8-hour this subpart apply at all times except block average carbon feed rate at or during periods of municipal waste com- above the highest average level estab- bustion unit startup, shutdown, or mal- lished during the most recent dioxins/ function. furans or mercury test. (b) Each startup, shutdown, or mal- (d) If your municipal waste combus- function must not last for longer than tion unit uses activated carbon to con- 3 hours. trol dioxins/furans or mercury emissions, you must evaluate total carbon MODEL RULE—EMISSION LIMITS usage for each calendar quarter. The total amount of carbon purchased and § 60.1700 What pollutants are regulated by this subpart? delivered to your municipal waste combustion plant must be at or above the Eleven pollutants, in four groupings, required quarterly usage of carbon. At are regulated: your option, you may choose to evalu- (a) Organics. Dioxins/furans. ate required quarterly carbon usage on (b) Metals. (1) Cadmium. (2) Lead. a municipal waste combustion unit (3) Mercury. basis for each individual municipal (4) Opacity. waste combustion unit at your plant. (5) Particulate matter. Calculate the required quarterly usage (c) Acid gases. (1) Hydrogen chloride. of carbon using equation 4 or 5 in (2) Nitrogen oxides. § 60.1935(f). (3) Sulfur dioxide. (e) Your municipal waste combustion (d) Other. (1) Carbon monoxide. unit is exempt from limits on load (2) Fugitive ash. level, temperature at the inlet of the particulate matter control device, and § 60.1705 What emission limits must I carbon feed rate during any of five sit- meet? By when? uations: (a) After the date the initial stack (1) During your annual tests for test and continuous emission moni- dioxins/furans. toring system evaluation are required (2) During your annual mercury tests or completed (whichever is earlier), (for carbon feed rate requirements you must meet the applicable emission only). limits specified in the four tables of (3) During the 2 weeks preceding your this subpart: annual tests for dioxins/furans. (1) For Class I units, see tables 2 and 3 of this subpart. (4) During the 2 weeks preceding your (2) For Class II units, see table 4 of annual mercury tests (for carbon feed this subpart. rate requirements only). (3) For carbon monoxide emission (5) Whenever the Administrator or limits for both classes of units, see delegated State authority permits you table 5 of this subpart. to do any of five activities: (b) If your Class I municipal waste (i) Evaluate system performance. combustion unit began construction, (ii) Test new technology or control reconstruction, or modification after technologies. June 26, 1987, then you must comply (iii) Perform diagnostic testing. with the dioxins/furans and mercury

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emission limits specified in table 2 of monitoring systems for oxygen (or car- this subpart as applicable by the later bon dioxide), sulfur dioxide, and carbon of the following two dates: monoxide. If you operate a Class I mu- (1) One year after the effective date nicipal waste combustion unit, also in- of State plan approval. stall, calibrate, maintain, and operate (2) One year after the issuance of a a continuous emission monitoring sys- revised construction or operating per- tem for nitrogen oxides. Install the mit, if a permit modification is re- continuous emission monitoring sys- quired. Final compliance with the tems for sulfur dioxide, nitrogen ox- dioxins/furans limits must be achieved ides, and oxygen (or carbon dioxide) at no later than December 6, 2005, even if the outlet of the air pollution control the date 1 year after the issuance of a device. revised construction or operation per- (b) You must install, evaluate, and mit is later than December 6, 2005. operate each continuous emission mon- § 60.1710 What happens to the emis- itoring system according to the ‘‘Mon- sion limits during periods of start- itoring Requirements’’ in § 60.13. up, shutdown, and malfunction? (c) You must monitor the oxygen (or (a) The emission limits of this sub- carbon dioxide) concentration at each part apply at all times except during location where you monitor sulfur di- periods of municipal waste combustion oxide and carbon monoxide. Addition- unit startup, shutdown, or malfunc- ally, if you operate a Class I municipal tion. waste combustion unit, you must also (b) Each startup, shutdown, or mal- monitor the oxygen (or carbon dioxide) function must not last for longer than concentration at the location where 3 hours. you monitor nitrogen oxides. (c) A maximum of 3 hours of test (d) You may choose to monitor car- data can be dismissed from compliance bon dioxide instead of oxygen as a dil- calculations during periods of startup, uent gas. If you choose to monitor car- shutdown, or malfunction. bon dioxide, then an oxygen monitor is (d) During startup, shutdown, or mal- not required and you must follow the function periods longer than 3 hours, requirements in § 60.1745. emissions data cannot be discarded (e) If you choose to demonstrate com- from compliance calculations and all pliance by monitoring the percent re- provisions under § 60.11(d) apply. duction of sulfur dioxide, you must also install continuous emission moni- MODEL RULE—CONTINUOUS EMISSION toring systems for sulfur dioxide and MONITORING oxygen (or carbon dioxide) at the inlet of the air pollution control device. § 60.1715 What types of continuous emission monitoring must I per- (f) If you prefer to use an alternative form? sulfur dioxide monitoring method, such To continuously monitor emissions, as parametric monitoring, or cannot you must perform four tasks: monitor emissions at the inlet of the (a) Install continuous emission moni- air pollution control device to deter- toring systems for certain gaseous pol- mine percent reduction, you can apply lutants. to the Administrator for approval to (b) Make sure your continuous emis- use an alternative monitoring method sion monitoring systems are operating under § 60.13(i). correctly. (c) Make sure you obtain the min- § 60.1725 How are the data from the continuous emission monitoring imum amount of monitoring data. systems used? (d) Install a continuous opacity monitoring system. You must use data from the continuous emission monitoring systems for § 60.1720 What continuous emission sulfur dioxide, nitrogen oxides, and monitoring systems must I install carbon monoxide to demonstrate con- for gaseous pollutants? tinuous compliance with the applicable (a) You must install, calibrate, main- emission limits specified in tables 2, 3, tain, and operate continuous emission 4, and 5 of this subpart. To demonstrate

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compliance for dioxins/furans, cad- (b) Section 5.1.1 of appendix F of this mium, lead, mercury, particulate mat- part (relative accuracy test audit). ter, opacity, hydrogen chloride, and fugitive ash, see § 60.1780. § 60.1740 What is my schedule for evaluating continuous emission moni- § 60.1730 How do I make sure my con- toring systems? tinuous emission monitoring sys- (a) Conduct annual evaluations of tems are operating correctly? your continuous emission monitoring (a) Conduct initial, daily, quarterly, systems no more than 13 months after and annual evaluations of your contin- the previous evaluation was conducted. uous emission monitoring systems that (b) Evaluate your continuous emis- measure oxygen (or carbon dioxide), sion monitoring systems daily and sulfur dioxide, nitrogen oxides (Class I quarterly as specified in appendix F of municipal waste combustion units this part. only), and carbon monoxide. (b) Complete your initial evaluation § 60.1745 What must I do if I choose to of the continuous emission monitoring monitor carbon dioxide instead of systems within 180 days after your oxygen as a diluent gas? final compliance date. You must establish the relationship (c) For initial and annual evalua- between oxygen and carbon dioxide tions, collect data concurrently (or during the initial evaluation of your within 30 to 60 minutes) using your ox- continuous emission monitoring sys- ygen (or carbon dioxide) continuous tems. You may reestablish the rela- emission monitoring system, your sul- tionship during annual evaluations. To fur dioxide, nitrogen oxides, or carbon establish the relationship use three monoxide continuous emission moni- procedures: toring systems, as appropriate, and the (a) Use EPA Reference Method 3A or appropriate test methods specified in 3B in appendix A of this part to deter- table 6 of this subpart. Collect the data mine oxygen concentration at the loca- during each initial and annual evaluation of your carbon dioxide monitor. tion of your continuous emission moni- (b) Conduct at least three test runs toring systems following the applicable for oxygen. Make sure each test run performance specifications in appendix represents a 1-hour average and that B of this part. table 7 of this subpart sampling continues for at least 30 min- shows the performance specifications utes in each hour. that apply to each continuous emission (c) Use the fuel-factor equation in monitoring system. EPA Reference Method 3B in appendix (d) Follow the quality assurance pro- A of this part to determine the rela- cedures in Procedure 1 of appendix F of tionship between oxygen and carbon di- this part for each continuous emission oxide. monitoring system. The procedures include daily calibration drift and quar- § 60.1750 What is the minimum amount terly accuracy determinations. of monitoring data I must collect with my continuous emission moni- § 60.1735 Am I exempt from any appen- toring systems and is the data col- dix B or appendix F requirements lection requirement enforceable? to evaluate continuous emission (a) Where continuous emission moni- monitoring systems? toring systems are required, obtain 1- Yes, the accuracy tests for your sul- hour arithmetic averages. Make sure fur dioxide continuous emission moni- the averages for sulfur dioxide, nitro- toring system require you to also gen oxides (Class I municipal waste evaluate your oxygen (or carbon diox- combustion units only), and carbon ide) continuous emission monitoring monoxide are in parts per million by system. Therefore, your oxygen (or car- dry volume at 7 percent oxygen (or the bon dioxide) continuous emission mon- equivalent carbon dioxide level). Use itoring system is exempt from two re- the 1-hour averages of oxygen (or car- quirements: bon dioxide) data from your continuous (a) Section 2.3 of Performance Speci- emission monitoring system to deter- fication 3 in appendix B of this part mine the actual oxygen (or carbon di- (relative accuracy requirement). oxide) level and to calculate emissions

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at 7 percent oxygen (or the equivalent block averages (as applicable) for con- carbon dioxide level). centrations of carbon monoxide. (b) Obtain at least two data points per hour in order to calculate a valid 1- § 60.1760 What is required for my con- hour arithmetic average. Section tinuous opacity monitoring system and how are the data used? 60.13(e)(2) requires your continuous emission monitoring systems to com- (a) Install, calibrate, maintain, and plete at least one cycle of operation operate a continuous opacity moni- (sampling, analyzing, and data record- toring system. ing) for each 15-minute period. (b) Install, evaluate, and operate (c) Obtain valid 1-hour averages for 75 each continuous opacity monitoring percent of the operating hours per day system according to § 60.13. for 90 percent of the operating days per (c) Complete an initial evaluation of calendar quarter. An operating day is your continuous opacity monitoring any day the unit combusts any munic- system according to Performance Spec- ipal solid waste or refuse-derived fuel. ification 1 in appendix B of this part. Complete the evaluation by 180 days (d) If you do not obtain the minimum after your final compliance date. data required in paragraphs (a) through (d) Complete each annual evaluation (c) of this section, you are in violation of your continuous opacity monitoring of the data collection requirement re- system no more than 13 months after gardless of the emission level mon- the previous evaluation. itored, and you must notify the Admin- (e) Use tests conducted according to istrator according to § 60.1885(e). EPA Reference Method 9 in appendix A (e) If you do not obtain the minimum of this part, as specified in § 60.1790, to data required in paragraphs (a) through determine compliance with the opacity (c) of this section, you must still use limit in table 2 or 4 of this subpart. The all valid data from the continuous data obtained from your continuous emission monitoring systems in calcu- opacity monitoring system are not lating emission concentrations and used to determine compliance with the percent reductions in accordance with opacity limit. § 60.1755. § 60.1765 What additional require- § 60.1755 How do I convert my 1-hour ments must I meet for the operation arithmetic averages into appro- of my continuous emission moni- priate averaging times and units? toring systems and continuous opacity monitoring system? (a) Use the equation in § 60.1935(a) to calculate emissions at 7 percent oxy- Use the required span values and ap- gen. plicable performance specifications in (b) Use EPA Reference Method 19 in table 8 of this subpart. appendix A of this part, section 4.3, to calculate the daily geometric average § 60.1770 What must I do if any of my continuous emission monitoring concentrations of sulfur dioxide emis- systems are temporarily unavail- sions. If you are monitoring the per- able to meet the data collection recent reduction of sulfur dioxide, use quirements? EPA Reference Method 19 in appendix Refer to table 8 of this subpart. It A of this part, section 5.4, to determine shows alternate methods for collecting the daily geometric average percent re- data when systems malfunction or duction of potential sulfur dioxide when repairs, calibration checks, or emissions. zero and span checks keep you from (c) If you operate a Class I municipal collecting the minimum amount of waste combustion unit, use EPA Ref- data. erence Method 19 in appendix A of this part, section 4.1, to calculate the daily MODEL RULE—STACK TESTING arithmetic average for concentrations of nitrogen oxides. § 60.1775 What types of stack tests (d) Use EPA Reference Method 19 in must I conduct? appendix A of this part, section 4.1, to Conduct initial and annual stack calculate the 4-hour or 24-hour daily tests to measure the emission levels of

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dioxins/furans, cadmium, lead, mer- (e) You can apply to the Adminis- cury, particulate matter, opacity, hy- trator for approval under § 60.8(b) to drogen chloride, and fugitive ash. use a reference method with minor changes in methodology, use an equiva- § 60.1780 How are the stack test data lent method, use an alternative method used? the results of which the Administrator You must use results of stack tests has determined are adequate for dem- for dioxins/furans, cadmium, lead, mer- onstrating compliance, waive the re- cury, particulate matter, opacity, hy- quirement for a performance test be- drogen chloride, and fugitive ash to cause you have demonstrated by other demonstrate compliance with the ap- means that you are in compliance, or plicable emission limits in tables 2 and use a shorter sampling time or smaller 4 of this subpart. To demonstrate com- sampling volume. pliance for carbon monoxide, nitrogen § 60.1795 May I conduct stack testing oxides, and sulfur dioxide, see § 60.1725. less often? § 60.1785 What schedule must I follow (a) You may test less often if you for the stack testing? own or operate a Class II municipal waste combustion unit and if all stack (a) Conduct initial stack tests for the tests for a given pollutant over 3 con- pollutants listed in § 60.1775 by 180 days secutive years show you comply with after your final compliance date. the emission limit. In that case, you (b) Conduct annual stack tests for are not required to conduct a stack the same pollutants after the initial test for that pollutant for the next 2 stack test. Conduct each annual stack years. However, you must conduct an- test no later than 13 months after the other stack test within 36 months of previous stack test. the anniversary date of the third consecutive stack test that shows you § 60.1790 What test methods must I use to stack test? comply with the emission limit. There- after, you must perform stack tests (a) Follow table 8 of this subpart to every 3rd year but no later than 36 establish the sampling location and to months following the previous stack determine pollutant concentrations, tests. If a stack test shows noncompli- number of traverse points, individual ance with an emission limit, you must test methods, and other specific testing conduct annual stack tests for that requirements for the different pollut- pollutant until all stack tests over 3 ants. consecutive years show compliance (b) Make sure that stack tests for all with the emission limit for that pollut- the pollutants consist of at least three ant. The provision applies to all pollut- test runs, as specified in § 60.8. Use the ants subject to stack testing require- average of the pollutant emission con- ments: dioxins/furans, cadmium, lead, centrations from the three test runs to mercury, particulate matter, opacity, determine compliance with the appli- hydrogen chloride, and fugitive ash. cable emission limits in tables 2 and 4 (b) You can test less often for of this subpart. dioxins/furans emissions if you own or (c) Obtain an oxygen (or carbon diox- operate a municipal waste combustion ide) measurement at the same time as plant that meets two conditions. First, your pollutant measurements to deter- you have multiple municipal waste mine diluent gas levels, as specified in combustion units onsite that are sub- § 60.1720. ject to this subpart. Second, all those (d) Use the equations in § 60.1935(a) to municipal waste combustion units have calculate emission levels at 7 percent demonstrated levels of dioxins/furans oxygen (or an equivalent carbon diox- emissions less than or equal to 15 ide basis), the percent reduction in po- nanograms per dry standard cubic tential hydrogen chloride emissions, meter (total mass) for Class I units, or and the reduction efficiency for mer- 30 nanograms per dry standard cubic cury emissions. See the individual test meter (total mass) for Class II units, methods in table 6 of this subpart for for 2 consecutive years. In that case, other required equations. you may choose to conduct annual

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stack tests on only one municipal which you would otherwise have been waste combustion unit per year at your required to conduct the next stack plant. The provision only applies to test. stack testing for dioxins/furans emissions. MODEL RULE—OTHER MONITORING (1) Conduct the stack test no more REQUIREMENTS than 13 months following a stack test § 60.1805 Must I meet other require- on any municipal waste combustion ments for continuous monitoring? unit subject to this subpart at your plant. Each year, test a different mu- You must also monitor three oper- nicipal waste combustion unit subject ating parameters: to this subpart and test all municipal (a) Load level of each municipal waste combustion units subject to this waste combustion unit. subpart in a sequence that you deter- (b) Temperature of flue gases at the mine. Once you determine a testing se- inlet of your particulate matter air pollution control device. quence, it must not be changed without (c) Carbon feed rate if activated car- approval by the Administrator. bon is used to control dioxins/furans or (2) If each annual stack test shows mercury emissions. levels of dioxins/furans emissions less than or equal to 15 nanograms per dry § 60.1810 How do I monitor the load of standard cubic meter (total mass) for my municipal waste combustion Class I units, or 30 nanograms per dry unit? standard cubic meter (total mass) for (a) If your municipal waste combus- Class II units, you may continue stack tion unit generates steam, you must tests on only one municipal waste com- install, calibrate, maintain, and oper- bustion unit subject to this subpart per ate a steam flowmeter or a feed water year. flowmeter and meet five requirements: (3) If any annual stack test indicates (1) Continuously measure and record levels of dioxins/furans emissions the measurements of steam (or feed greater than 15 nanograms per dry water) in kilograms (or pounds) per standard cubic meter (total mass) for hour. Class I units, or 30 nanograms per dry (2) Calculate your steam (or feed standard cubic meter (total mass) for water) flow in 4-hour block averages. Class II units, conduct subsequent an- (3) Calculate the steam (or feed nual stack tests on all municipal waste water) flow rate using the method in combustion units subject to this sub- ‘‘American Society of Mechanical En- part at your plant. You may return to gineers Power Test Codes: Test Code testing one municipal waste combus- for Steam Generating Units, Power tion unit subject to this subpart per Test Code 4.1—1964 (R1991),’’ section 4 year if you can demonstrate dioxins/ (incorporated by reference in furans emissions levels less than or § 60.17(h)(2)). equal to 15 nanograms per dry standard (4) Design, construct, install, cali- cubic meter (total mass) for Class I brate, and use nozzles or orifices for units, or 30 nanograms per dry stand- flow rate measurements, using the rec- ard cubic meter (total mass) for Class ommendations in ‘‘American Society II units, for all municipal waste com- of Mechanical Engineers Interim Sup- bustion units at your plant subject to plement 19.5 on Instruments and Appa- this subpart for 2 consecutive years. ratus: Application, part II of Fluid Me- ters,’’ 6th Edition (1971), chapter 4 (in- § 60.1800 May I deviate from the 13- corporated by reference in § 60.17(h)(3)). month testing schedule if unfore- (5) Before each dioxins/furans stack seen circumstances arise? test, or at least once a year, calibrate You may not deviate from the 13- all signal conversion elements associ- month testing schedules specified in ated with steam (or feed water) flow §§ 60.1785(b) and 60.1795(b)(1) unless you measurements according to the manu- apply to the Administrator for an al- facturer instructions. ternative schedule, and the Adminis- (b) If your municipal waste combus- trator approves your request for alter- tion units do not generate steam, or, if nate scheduling prior to the date on your municipal waste combustion units

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have shared steam systems and steam § 60.1825 What is the minimum amount load cannot be estimated per unit, you of monitoring data I must collect must determine, to the satisfaction of with my continuous parameter the Administrator, one or more oper- monitoring systems and is the data ating parameters that can be used to collection requirement enforceable? continuously estimate load level (for (a) Where continuous parameter example, the feed rate of municipal monitoring systems are used, obtain 1- solid waste or refuse-derived fuel). You hour arithmetic averages for three pa- must continuously monitor the se- rameters: lected parameters. (1) Load level of the municipal waste combustion unit. § 60.1815 How do I monitor the temperature of flue gases at the inlet of (2) Temperature of the flue gases at my particulate matter control de- the inlet of your particulate matter vice? control device. You must install, calibrate, main- (3) Carbon feed rate if activated car- tain, and operate a device to continu- bon is used to control dioxins/furans or ously measure the temperature of the mercury emissions. flue gas stream at the inlet of each par- (b) Obtain at least two data points ticulate matter control device. per hour in order to calculate a valid 1- hour arithmetic average. § 60.1820 How do I monitor the injec- (c) Obtain valid 1-hour averages for tion rate of activated carbon? at least 75 percent of the operating If your municipal waste combustion hours per day for 90 percent of the op- unit uses activated carbon to control erating days per calendar quarter. An dioxins/furans or mercury emissions, operating day is any day the unit com- you must meet three requirements: busts any municipal solid waste or (a) Select a carbon injection system refuse-derived fuel. operating parameter that can be used (d) If you do not obtain the minimum to calculate carbon feed rate (for exam- data required in paragraphs (a) through ple, screw feeder speed). (c) of this section, you are in violation (b) During each dioxins/furans and of the data collection requirement, and mercury stack test, determine the av- you must notify the Administrator ac- erage carbon feed rate in kilograms (or cording to § 60.1885(e). pounds) per hour. Also, determine the average operating parameter level that MODEL RULE—RECORDKEEPING correlates to the carbon feed rate. Es- tablish a relationship between the op- § 60.1830 What records must I keep? erating parameter and the carbon feed You must keep four types of records: rate in order to calculate the carbon (a) Operator training and certifi- feed rate based on the operating pa- cation. rameter level. (b) Stack tests. (c) Continuously monitor the se- (c) Continuously monitored pollut- lected operating parameter during all ants and parameters. periods when the municipal waste combustion unit is operating and com- (d) Carbon feed rate. busting waste and calculate the 8-hour § 60.1835 Where must I keep my block average carbon feed rate in kilo- records and for how long? grams (or pounds) per hour, based on the selected operating parameter. (a) Keep all records onsite in paper When calculating the 8-hour block av- copy or electronic format unless the erage, do two things: Administrator approves another for- (1) Exclude hours when the municipal mat. waste combustion unit is not oper- (b) Keep all records on each munic- ating. ipal waste combustion unit for at least (2) Include hours when the municipal 5 years. waste combustion unit is operating but (c) Make all records available for the carbon feed system is not working submittal to the Administrator, or for correctly. onsite review by an inspector.

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§ 60.1840 What records must I keep for ator and certified shift supervisor were operator training and certification? offsite. You must keep records of six items: (2) When all certified chief facility operators and certified shift super- (a) Records of provisional certifications. visors are offsite for more than 2 weeks Include three items: and no other certified operator is on- (1) For your municipal waste combus- site, keep records of four items: tion plant, names of the chief facility (i) Your notice that all certified per- operator, shift supervisors, and control sons are offsite. room operators who are provisionally (ii) The conditions that cause those certified by the American Society of people to be offsite. Mechanical Engineers or an equivalent (iii) The corrective actions you are State-approved certification program. taking to ensure a certified chief facil- (2) Dates of the initial provisional ity operator or certified shift super- certifications. visor is onsite. (3) Documentation showing current (iv) Copies of the written reports sub- provisional certifications. mitted every 4 weeks that summarize (b) Records of full certifications. In- the actions taken to ensure that a cer- clude three items: tified chief facility operator or cer- (1) For your municipal waste combus- tified shift supervisor will be onsite. tion plant, names of the chief facility (f) Records of calendar dates. Include operator, shift supervisors, and control the calendar date on each record. room operators who are fully certified by the American Society of Mechanical § 60.1845 What records must I keep for Engineers or an equivalent State-ap- stack tests? proved certification program. For stack tests required under (2) Dates of initial and renewal full § 60.1775, you must keep records of four certifications. items: (3) Documentation showing current (a) The results of the stack tests for full certifications. eight pollutants or parameters re- (c) Records showing completion of the corded in the appropriate units of operator training course. Include three measure specified in table 2 or 4 of this items: subpart: (1) For your municipal waste combus- (1) Dioxins/furans. tion plant, names of the chief facility (2) Cadmium. operator, shift supervisors, and control (3) Lead. room operators who have completed (4) Mercury. the EPA or State municipal waste (5) Opacity. combustion operator training course. (6) Particulate matter. (2) Dates of completion of the oper- (7) Hydrogen chloride. ator training course. (8) Fugitive ash. (b) Test reports including supporting (3) Documentation showing comple- calculations that document the results tion of operator training course. of all stack tests. (d) Records of reviews for plant-specific (c) The maximum demonstrated load operating manuals. Include three items: of your municipal waste combustion (1) Names of persons who have re- units and maximum temperature at viewed the operating manual. the inlet of your particulate matter (2) Date of the initial review. control device during all stack tests for (3) Dates of subsequent annual re- dioxins/furans emissions. views. (d) The calendar date of each record. (e) Records of when a certified operator is temporarily offsite. Include two main § 60.1850 What records must I keep for items: continuously monitored pollutants (1) If the certified chief facility oper- or parameters? ator and certified shift supervisor are You must keep records of eight offsite for more than 12 hours, but for items. 2 weeks or less, and no other certified (a) Records of monitoring data. Docu- operator is onsite, record the dates ment six parameters measured using that the certified chief facility oper- continuous monitoring systems:

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(1) All 6-minute average levels of (ii) For Class I municipal waste com- opacity. bustion units only, nitrogen oxides (2) All 1-hour average concentrations emissions. of sulfur dioxide emissions. (iii) Carbon monoxide emissions. (3) For Class I municipal waste com- (iv) Load levels of your municipal bustion units only, all 1-hour average waste combustion unit. concentrations of nitrogen oxides emis- (v) Temperatures of the flue gases at sions. the inlet of the particulate matter con- (4) All 1-hour average concentrations trol device. of carbon monoxide emissions. (2) Reasons you did not collect the (5) All 1-hour average load levels of minimum data. your municipal waste combustion unit. (3) Corrective actions you took or are (6) All 1-hour average flue gas tem- taking to obtain the required amount peratures at the inlet of the particu- of data. late matter control device. (e) Records of exclusions. Document (b) Records of average concentrations each time you have excluded data from and percent reductions. Document five your calculation of averages for any of parameters: the following five pollutants or param- (1) All 24-hour daily block geometric eters and the reasons the data were ex- average concentrations of sulfur diox- cluded: ide emissions or average percent reduc- (1) Sulfur dioxide emissions. tions of sulfur dioxide emissions. (2) For Class I municipal waste com- (2) For Class I municipal waste combustion units only, nitrogen oxides bustion units only, all 24-hour daily emissions. arithmetic average concentrations of (3) Carbon monoxide emissions. nitrogen oxides emissions. (4) Load levels of your municipal (3) All 4-hour block or 24-hour daily waste combustion unit. block arithmetic average concentra- (5) Temperatures of the flue gases at tions of carbon monoxide emissions. the inlet of the particulate matter con- (4) All 4-hour block arithmetic aver- trol device. age load levels of your municipal waste (f) Records of drift and accuracy. Docu- combustion unit. ment the results of your daily drift tests and quarterly accuracy deter- (5) All 4-hour block arithmetic aver- minations according to Procedure 1 of age flue gas temperatures at the inlet appendix F of this part. Keep those of the particulate matter control de- records for the sulfur dioxide, nitrogen vice. oxides (Class I municipal waste com- (c) Document Records of exceedances. bustion units only), and carbon mon- three items: oxide continuous emissions monitoring (1) Calendar dates whenever any of systems. the five pollutant or parameter levels (g) Records of the relationship between recorded in paragraph (b) of this sec- oxygen and carbon dioxide. If you choose tion or the opacity level recorded in to monitor carbon dioxide instead of paragraph (a)(1) of this section did not oxygen as a diluent gas, document the meet the emission limits or operating relationship between oxygen and car- levels specified in this subpart. bon dioxide, as specified in § 60.1745. (2) Reasons you exceeded the applica- (h) Records of calendar dates. Include ble emission limits or operating levels. the calendar date on each record. (3) Corrective actions you took, or are taking, to meet the emission limits § 60.1855 What records must I keep for or operating levels. municipal waste combustion units (d) Records of minimum data. Docu- that use activated carbon? ment three items: For municipal waste combustion (1) Calendar dates for which you did units that use activated carbon to con- not collect the minimum amount of trol dioxins/furans or mercury emis- data required under §§ 60.1750 and sions, you must keep records of five 60.1825. Record those dates for five items: types of pollutants and parameters: (a) Records of average carbon feed rate. (i) Sulfur dioxide emissions. Document five items:

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(1) Average carbon feed rate in kilo- (3) Corrective actions you took or are grams (or pounds) per hour during all taking to get the required amount of stack tests for dioxins/furans and mer- data. cury emissions. Include supporting cal- (d) Records of exclusions. Document culations in the records. each time you have excluded data from (2) For the operating parameter cho- your calculation of average carbon feed sen to monitor carbon feed rate, aver- rates and the reasons the data were ex- age operating level during all stack cluded. tests for dioxins/furans and mercury (e) Records of calendar dates. Include emissions. Include supporting data the calendar date on each record. that document the relationship between the operating parameter and the MODEL RULE—REPORTING carbon feed rate. (3) All 8-hour block average carbon § 60.1860 What reports must I submit feed rates in kilograms (or pounds) per and in what form? hour calculated from the monitored op- (a) Submit an initial report and an- erating parameter. nual reports, plus semiannual reports (4) Total carbon purchased and deliv- for any emission or parameter level ered to the municipal waste combus- that does not meet the limits specified tion plant for each calendar quarter. If in this subpart. you choose to evaluate total carbon (b) Submit all reports on paper, post- purchased and delivered on a municipal marked on or before the submittal waste combustion unit basis, record dates in §§ 60.1870, 60.1880, and 60.1895. If the total carbon purchased and deliv- the Administrator agrees, you may ered for each individual municipal submit electronic reports. waste combustion unit at your plant. (c) Keep a copy of all reports required Include supporting documentation. by §§ 60.1875, 60.1885, and 60.1900 onsite (5) Required quarterly usage of car- for 5 years. bon for the municipal waste combustion plant, calculated using equation 4 § 60.1865 What are the appropriate or 5 in § 60.1935(f). If you choose to units of measurement for reporting evaluate required quarterly usage for my data? carbon on a municipal waste combus- See tables 2, 3, 4 and 5 of this subpart tion unit basis, record the required for appropriate units of measurement. quarterly usage for each municipal waste combustion unit at your plant. § 60.1870 When must I submit the ini- Include supporting calculations. tial report? (b) Records of low carbon feed rates. As specified in § 60.7(c), submit your Document three items: initial report by 180 days after your (1) The calendar dates when the aver- final compliance date. age carbon feed rate over an 8-hour block was less than the average carbon § 60.1875 What must I include in my feed rates determined during the most initial report? recent stack test for dioxins/furans or You must include seven items: mercury emissions (whichever has a (a) The emission levels measured on higher feed rate). the date of the initial evaluation of (2) Reasons for the low carbon feed your continuous emission monitoring rates. systems for all of the following five (3) Corrective actions you took or are pollutants or parameters as recorded in taking to meet the 8-hour average car- accordance with § 60.1850(b). bon feed rate requirement. (1) The 24-hour daily geometric aver- (c) Records of minimum carbon feed rate age concentration of sulfur dioxide data. Document three items: emissions or the 24-hour daily geo- (1) Calendar dates for which you did metric percent reduction of sulfur di- not collect the minimum amount of oxide emissions. carbon feed rate data required under (2) For Class I municipal waste com- § 60.1825. bustion units only, the 24-hour daily (2) Reasons you did not collect the arithmetic average concentration of minimum data. nitrogen oxides emissions.

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(3) The 4-hour block or 24-hour daily collected the data. If you have an oper- arithmetic average concentration of ating permit for any unit under title V carbon monoxide emissions. of the CAA, the permit may require (4) The 4-hour block arithmetic aver- you to submit semiannual reports. age load level of your municipal waste Parts 70 and 71 of this chapter contain combustion unit. program requirements for permits. (5) The 4-hour block arithmetic average flue gas temperature at the inlet of § 60.1885 What must I include in my the particulate matter control device. annual report? (b) The results of the initial stack Summarize data collected for all pol- tests for eight pollutants or param- lutants and parameters regulated eters (use appropriate units as specified under this subpart. Your summary in table 2 or 4 of this subpart): (1) Dioxins/furans. must include twelve items: (2) Cadmium. (a) The results of the annual stack (3) Lead. test, using appropriate units, for eight (4) Mercury. pollutants, as recorded under (5) Opacity. § 60.1845(a): (6) Particulate matter. (1) Dioxins/furans. (7) Hydrogen chloride. (2) Cadmium. (8) Fugitive ash. (3) Lead (c) The test report that documents (4) Mercury. the initial stack tests including sup- (5) Opacity. porting calculations. (6) Particulate matter. (d) The initial performance evalua- (7) Hydrogen chloride. tion of your continuous emissions mon- (8) Fugitive ash. itoring systems. Use the applicable performance specifications in appendix B (b) A list of the highest average lev- of this part in conducting the evalua- els recorded, in the appropriate units. tion. List those values for five pollutants or (e) The maximum demonstrated load parameters: of your municipal waste combustion (1) Sulfur dioxide emissions. unit and the maximum demonstrated (2) For Class I municipal waste com- temperature of the flue gases at the bustion units only, nitrogen oxides inlet of the particulate matter control emissions. device. Use values established during (3) Carbon monoxide emissions. your initial stack test for dioxins/ (4) Load level of the municipal waste furans emissions and include sup- combustion unit. porting calculations. (5) Temperature of the flue gases at (f) If your municipal waste combus- the inlet of the particulate matter air tion unit uses activated carbon to con- pollution control device (4-hour block trol dioxins/furans or mercury emis- average). sions, the average carbon feed rates (c) The highest 6-minute opacity that you recorded during the initial stack tests for dioxins/furans and mer- level measured. Base the value on all 6- cury emissions. Include supporting cal- minute average opacity levels recorded culations as specified in § 60.1855(a)(1) by your continuous opacity monitoring and (2). system (§ 60.1850(a)(1)). (g) If you choose to monitor carbon (d) For municipal waste combustion dioxide instead of oxygen as a diluent units that use activated carbon for gas, documentation of the relationship controlling dioxins/furans or mercury between oxygen and carbon dioxide, as emissions, include four records: specified in § 60.1745. (1) The average carbon feed rates recorded during the most recent dioxins/ § 60.1880 When must I submit the an- furans and mercury stack tests. nual report? (2) The lowest 8-hour block average Submit the annual report no later carbon feed rate recorded during the than February 1 of each year that fol- year. lows the calendar year in which you

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(3) The total carbon purchased and (h) A notice of your intent to begin a delivered to the municipal waste com- reduced stack testing schedule for bustion plant for each calendar quar- other pollutants during the following ter. If you choose to evaluate total car- calendar year if you are eligible for al- bon purchased and delivered on a mu- ternative scheduling (§ 60.1795(a)). nicipal waste combustion unit basis, (i) A summary of any emission or pa- record the total carbon purchased and rameter level that did not meet the delivered for each individual municipal limits specified in this subpart. waste combustion unit at your plant. (j) A summary of the data in para- (4) The required quarterly carbon graphs (a) through (d) of this section usage of your municipal waste combus- from the year preceding the reporting tion plant calculated using equation 4 year which gives the Administrator a or 5 in § 60.1935(f). If you choose to summary of the performance of the evaluate required quarterly usage for municipal waste combustion unit over carbon on a municipal waste combus- a 2-year period. tion unit basis, record the required (k) If you choose to monitor carbon quarterly usage for each municipal dioxide instead of oxygen as a diluent waste combustion unit at your plant. gas, documentation of the relationship (e) The total number of days that you between oxygen and carbon dioxide, as did not obtain the minimum number of specified in § 60.1745. hours of data for six pollutants or pa- (l) Documentation of periods when all rameters. Include the reasons you did certified chief facility operators and not obtain the data and corrective ac- certified shift supervisors are offsite tions that you have taken to obtain the for more than 12 hours. data in the future. Include data on: (1) Sulfur dioxide emissions. § 60.1890 What must I do if I am out of (2) For Class I municipal waste com- compliance with the requirements of this subpart? bustion units only, nitrogen oxides emissions. You must submit a semiannual re- (3) Carbon monoxide emissions. port on any recorded emission or pa- (4) Load level of the municipal waste rameter level that does not meet the combustion unit. requirements specified in this subpart. (5) Temperature of the flue gases at § 60.1895 If a semiannual report is re- the inlet of the particulate matter air quired, when must I submit it? pollution control device. (a) For data collected during the first (6) Carbon feed rate. half of a calendar year, submit your (f) The number of hours you have ex- semiannual report by August 1 of that cluded data from the calculation of av- year. erage levels (include the reasons for ex- (b) For data you collected during the cluding it). Include data for six pollut- second half of the calendar year, sub- ants or parameters: mit your semiannual report by Feb- (1) Sulfur dioxide emissions. ruary 1 of the following year. (2) For Class I municipal waste combustion units only, nitrogen oxides § 60.1900 What must I include in the emissions. semiannual out-of-compliance re- (3) Carbon monoxide emissions. ports? (4) Load level of the municipal waste You must include three items in the combustion unit. semiannual report: (5) Temperature of the flue gases at (a) For any of the following six pol- the inlet of the particulate matter air lutants or parameters that exceeded pollution control device. the limits specified in this subpart, in- (6) Carbon feed rate. clude the calendar date they exceeded (g) A notice of your intent to begin a the limits, the averaged and recorded reduced stack testing schedule for data for that date, the reasons for ex- dioxins/furans emissions during the fol- ceeding the limits, and your corrective lowing calendar year if you are eligible actions: for alternative scheduling (§ 60.1795(a) (1) Concentration or percent reduc- or (b)). tion of sulfur dioxide emissions.

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(2) For Class I municipal waste com- (i) Amount of carbon purchased and bustion units only, concentration of ni- delivered to the plant. trogen oxides emissions. (ii) Required quarterly usage of car- (3) Concentration of carbon monoxide bon. emissions. (iii) Reasons for not meeting the re- (4) Load level of your municipal quired quarterly usage of carbon. waste combustion unit. (iv) The corrective actions you have (5) Temperature of the flue gases at taken to meet the required quarterly the inlet of your particulate matter air usage of carbon. pollution control device. (v) The calendar date. (6) Average 6-minute opacity level. The data obtained from your contin- § 60.1905 Can reporting dates be uous opacity monitoring system are changed? not used to determine compliance with (a) If the Administrator agrees, you the limit on opacity emissions. may change the semiannual or annual (b) If the results of your annual stack reporting dates. tests (as recorded in § 60.1845(a)) show (b) See § 60.19(c) for procedures to emissions above the limits specified in seek approval to change your reporting table 2 or 4 of this subpart as applica- date. ble for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, MODEL RULE—AIR CURTAIN INCINER- hydrogen chloride, and fugitive ash, in- ATORS THAT BURN 100 PERCENT YARD clude a copy of the test report that WASTE documents the emission levels and your corrective actions. § 60.1910 What is an air curtain incin- (c) For municipal waste combustion erator? units that apply activated carbon to An air curtain incinerator operates control dioxins/furans or mercury by forcefully projecting a curtain of air emissions, include two items: across an open chamber or open pit in (1) Documentation of all dates when which combustion occurs. Incinerators the 8-hour block average carbon feed of that type can be constructed above rate (calculated from the carbon injec- or below ground and with or without tion system operating parameter) is refractory walls and floor. less than the highest carbon feed rate established during the most recent § 60.1915 What is yard waste? mercury and dioxins/furans stack test Yard waste is grass, grass clippings, (as specified in § 60.1855(a)(1)). Include bushes, shrubs, and clippings from four items: bushes and shrubs. They come from (i) Eight-hour average carbon feed residential, commercial/retail, institu- rate. tional, or industrial sources as part of (ii) Reasons for occurrences of low maintaining yards or other private or carbon feed rates. public lands. Yard waste does not in- (iii) The corrective actions you have clude two items: taken to meet the carbon feed rate re- (a) Construction, renovation, and quirement. demolition wastes that are exempt (iv) The calendar date. from the definition of ‘‘municipal solid (2) Documentation of each quarter waste’’ in § 60.1940. when total carbon purchased and deliv- (b) Clean wood that is exempt from ered to the municipal waste combus- the definition of ‘‘municipal solid tion plant is less than the total re- waste’’ in § 60.1940. quired quarterly usage of carbon. If you choose to evaluate total carbon § 60.1920 What are the emission limits purchased and delivered on a municipal for air curtain incinerators that waste combustion unit basis, record burn 100 percent yard waste? the total carbon purchased and deliv- If your air curtain incinerator com- ered for each individual municipal busts 100 percent yard waste, you must waste combustion unit at your plant. only meet the emission limits in this Include five items: section.

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(a) By 180 days after your final com- (1) Your intent to construct the air pliance date, you must meet two lim- curtain incinerator. its: (2) Your planned initial startup date. (1) The opacity limit is 10 percent (6- (3) Types of fuels you plan to com- minute average) for air curtain incin- bust in your air curtain incinerator. erators that can combust at least 35 (4) The capacity of your incinerator, tons per day of municipal solid waste including supporting capacity calcula- and no more than 250 tons per day of tions, as specified in § 60.1935(d) and (e). municipal solid waste. (b) Keep records of results of all opac- (2) The opacity limit is 35 percent (6- ity tests onsite in either paper copy or minute average) during the startup pe- electronic format unless the Adminis- riod that is within the first 30 minutes trator approves another format. of operation. (c) Keep all records for each incinerator for at least 5 years. (b) Except during malfunctions, the (d) Make all records available for requirements of this subpart apply at submittal to the Administrator or for all times. Each malfunction must not onsite review by an inspector. exceed 3 hours. (e) Submit the results (each 6-minute average) of the opacity tests by Feb- § 60.1925 How must I monitor opacity for air curtain incinerators that ruary 1 of the year following the year burn 100 percent yard waste? of the opacity emission test. (f) Submit reports as a paper copy on (a) Use EPA Reference Method 9 in or before the applicable submittal date. appendix A of this part to determine If the Administrator agrees, you may compliance with the opacity limit. submit reports on electronic media. (b) Conduct an initial test for opacity (g) If the Administrator agrees, you as specified in § 60.8. may change the annual reporting dates (c) After the initial test for opacity, (see § 60.19(c)). conduct annual tests no more than 13 (h) Keep a copy of all reports onsite calendar months following the date of for a period of 5 years. your previous test. EQUATIONS § 60.1930 What are the recordkeeping and reporting requirements for air § 60.1935 What equations must I use? curtain incinerators that burn 100 (a) Concentration correction to 7 per- percent yard waste? cent oxygen. Correct any pollutant con- (a) Provide a notice of construction centration to 7 percent oxygen using that includes four items: equation 1 of this section:

=∗()∗− CC7%unc 13. 9() 1 /() 20 . 9 CO 2 (Eq. 1)

Where: (b) Percent reduction in potential mer-

C7% = concentration corrected to 7 percent cury emissions. Calculate the percent re- oxygen. duction in potential mercury emissions Cunc = uncorrected pollutant concentration. (%PHg) using equation 2 of this section: CO2 = concentration of oxygen (percent).

=−∗ %/PEEHg() i o()100 E i (Eq. 2)

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Where: vice outlet, corrected to 7 percent oxy-

%PHg = percent reduction of potential mer- gen, dry basis cury emissions (c) Percent reduction in potential hy- Ei = mercury emission concentration as measured at the air pollution control de- drogen chloride emissions. Calculate the vice inlet, corrected to 7 percent oxygen, percent reduction in potential hydro- dry basis gen chloride emissions (%PHC1) using Eo = mercury emission concentration as equation 3 of this section: measured at the air pollution control de-

=−∗ %/(.)PEEHCl() i o()100 E i Eq 3

Where: per batch multiplied by the maximum

%PHC1 = percent reduction of the potential number of batches they can process in hydrogen chloride emissions 24 hours. Calculate the maximum num- Ei = hydrogen chloride emission concentra- ber of batches by dividing 24 by the tion as measured at the air pollution number of hours needed to process one control device inlet, corrected to 7 per- batch. Retain fractional batches in the cent oxygen, dry basis calculation. For example, if one batch Eo = hydrogen chloride emission concentration as measured at the air pollution requires 16 hours, the municipal waste control device outlet, corrected to 7 per- combustion unit can combust 24/16, or cent oxygen, dry basis 1.5 batches, in 24 hours. (f) Quarterly carbon usage. If you use (d) Capacity of a municipal waste com- activated carbon to comply with the bustion unit. For a municipal waste dioxins/furans or mercury limits, cal- combustion unit that can operate con- culate the required quarterly usage of tinuously for 24-hour periods, calculate carbon using equation 4 of this section the municipal waste combustion unit for plant basis or equation 5 of this sec- capacity based on 24 hours of operation tion for unit basis: at the maximum charge rate. To deter- (1) Plant basis. mine the maximum charge rate, use one of two methods: n (1) For municipal waste combustion =∗ Cfh∑ ii (Eq. 4) units with a design based on heat input i=1 capacity, calculate the maximum Where: charging rate based on the maximum C = required quarterly carbon usage for the heat input capacity and one of two plant in kilograms (or pounds). heating values: fi = required carbon feed rate for the munic- (i) If your municipal waste combus- ipal waste combustion unit in kilograms tion unit combusts refuse-derived fuel, (or pounds) per hour. That is the average use a heating value of 12,800 kilojoules carbon feed rate during the most recent per kilogram (5,500 British thermal mercury or dioxins/furans stack tests units per pound). (whichever has a higher feed rate). hi = number of hours the municipal waste (ii) If your municipal waste combus- combustion unit was in operation during tion unit combusts municipal solid the calendar quarter (hours). waste, use a heating value of 10,500 n = number of municipal waste combustion kilojoules per kilogram (4,500 British units, i, located at your plant. thermal units per pound). (2) Unit basis. (2) For municipal waste combustion units with a design not based on heat Cfh=∗ (Eq. 5) input capacity, use the maximum de- Where: signed charging rate. (e) Capacity of a batch municipal waste C = required quarterly carbon usage for the unit in kilograms (or pounds). combustion unit. Calculate the capacity f = required carbon feed rate for the munic- of a batch municipal waste combustion ipal waste combustion unit in kilograms unit as the maximum design amount of (or pounds) per hour. That is the average municipal solid waste they can charge carbon feed rate during the most recent

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mercury or dioxins/furans stack tests included in the aggregate capacity cal- (whichever has a higher feed rate). culation. h = number of hours the municipal waste Class II units mean small municipal combustion unit was in operation during combustion units subject to this sub- the calendar quarter (hours). part that are located at municipal DEFINITIONS waste combustion plants with aggregate plant combustion capacity less § 60.1940 What definitions must I than or equal to 250 tons per day of mu- know? nicipal solid waste. See the definition Terms used but not defined in this in this section of ‘‘municipal waste section are defined in the CAA and in combustion plant capacity’’ for speci- subparts A and B of this part. fication of which units at a plant site Administrator means the Adminis- are included in the aggregate capacity trator of the U.S. Environmental Pro- calculation. tection Agency or his/her authorized Clean wood means untreated wood or representative or the Administrator of untreated wood products including a State Air Pollution Control Agency. clean untreated lumber, tree stumps Air curtain incinerator means an in- (whole or chipped), and tree limbs cinerator that operates by forcefully (whole or chipped). Clean wood does projecting a curtain of air across an not include two items: open chamber or pit in which combus- (1) ‘‘Yard waste,’’ which is defined tion occurs. Incinerators of that type elsewhere in this section. can be constructed above or below (2) Construction, renovation, or dem- ground and with or without refractory olition wastes (for example, railroad walls and floor. ties and telephone poles) that are ex- Batch municipal waste combustion unit empt from the definition of ‘‘municipal means a municipal waste combustion solid waste’’ in this section. unit designed so it cannot combust mu- Co-fired combustion unit means a unit nicipal solid waste continuously 24 that combusts municipal solid waste hours per day because the design does with nonmunicipal solid waste fuel (for not allow waste to be fed to the unit or example, coal, industrial process ash to be removed during combustion. waste). To be considered a co-fired Calendar quarter means three con- combustion unit, the unit must be sub- secutive months (nonoverlapping) be- ject to a federally enforceable permit ginning on: January 1, April 1, July 1, that limits it to combusting a fuel feed or October 1. stream which is 30 percent or less (by Calendar year means 365 (or 366 con- weight) municipal solid waste as meas- secutive days in leap years) consecu- ured each calendar quarter. tive days starting on January 1 and Continuous burning means the contin- ending on December 31. uous, semicontinuous, or batch feeding Chief facility operator means the per- of municipal solid waste to dispose of son in direct charge and control of the the waste, produce energy, or provide operation of a municipal waste com- heat to the combustion system in prep- bustion unit. That person is respon- aration for waste disposal or energy sible for daily onsite supervision, tech- production. Continuous burning does nical direction, management, and over- not mean the use of municipal solid all performance of the municipal waste waste solely to thermally protect the combustion unit. grate or hearth during the startup pe- Class I units mean small municipal riod when municipal solid waste is not waste combustion units subject to this fed to the grate or hearth. subpart that are located at municipal Continuous emission monitoring system waste combustion plants with an ag- means a monitoring system that con- gregate plant combustion capacity tinuously measures the emissions of a greater than 250 tons per day of munic- pollutant from a municipal waste com- ipal solid waste. See the definition in bustion unit. this section of ‘‘municipal waste com- Dioxins/furans mean tetra-through bustion plant capacity’’ for specifica- octachlorinated dibenzo-p-dioxins and tion of which units at a plant site are dibenzofurans.

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Effective date of State plan approval unit that combusts municipal solid means the effective date that the EPA waste in a cylindrical rotary waterwall approves the State plan. The FEDERAL furnace. REGISTER specifies the date in the no- Mass burn waterwall municipal waste tice that announces EPA’s approval of combustion unit means a field-erected the State plan. municipal waste combustion unit that Eight-hour block average means the combusts municipal solid waste in a average of all hourly emission con- waterwall furnace. centrations or parameter levels when Maximum demonstrated load of a mu- the municipal waste combustion unit nicipal waste combustion unit means the operates and combusts municipal solid highest 4-hour block arithmetic aver- waste measured over any of three 8- age municipal waste combustion unit hour periods of time: load achieved during 4 consecutive (1) 12:00 midnight to 8:00 a.m. hours in the course of the most recent (2) 8:00 a.m. to 4:00 p.m. (3) 4:00 p.m. to 12:00 midnight. dioxins/furans stack test that dem- Federally enforceable means all limits onstrates compliance with the applica- and conditions the Administrator can ble emission limit for dioxins/furans enforce (including the requirements of specified in this subpart. 40 CFR parts 60, 61, and 63), require- Maximum demonstrated temperature of ments in a State’s implementation the particulate matter control device plan, and any permit requirements es- means the highest 4-hour block arith- tablished under 40 CFR 52.21 or under 40 metic average flue gas temperature CFR 51.18 and 40 CFR 51.24. measured at the inlet of the particu- First calendar half means the period late matter control device during 4 that starts on January 1 and ends on consecutive hours in the course of the June 30 in any year. most recent stack test for dioxins/ Fluidized bed combustion unit means a furans emissions that demonstrates unit where municipal waste is com- compliance with the limits specified in busted in a fluidized bed of material. this subpart. The fluidized bed material may remain Medical/infectious waste means any in the primary combustion zone or may waste meeting the definition of ‘‘med- be carried out of the primary combus- ical/infectious waste’’ in § 60.51c. tion zone and returned through a recir- Mixed fuel-fired (pulverized coal/refuse- culation loop. derived fuel) combustion unit means a Four-hour block average or 4-hour combustion unit that combusts coal block average means the average of all and refuse-derived fuel simultaneously, hourly emission concentrations or pa- in which pulverized coal is introduced rameter levels when the municipal into an air stream that carries the coal waste combustion unit operates and to the combustion chamber of the unit combusts municipal solid waste meas- where it is combusted in suspension. ured over any of six 4-hour periods: That includes both conventional pul- (1) 12:00 midnight to 4:00 a.m. verized coal and micropulverized coal. (2) 4:00 a.m. to 8:00 a.m. (3) 8:00 a.m. to 12:00 noon. Modification or modified municipal (4) 12:00 noon to 4:00 p.m. waste combustion unit means a munic- (5) 4:00 p.m. to 8:00 p.m. ipal waste combustion unit you have (6) 8:00 p.m. to 12:00 midnight. changed after June 6, 2001 and that Mass burn refractory municipal waste meets one of two criteria: combustion unit means a field-erected (1) The cumulative cost of the municipal waste combustion unit that changes over the life of the unit ex- combusts municipal solid waste in a re- ceeds 50 percent of the original cost of fractory wall furnace. Unless otherwise building and installing the unit (not in- specified, that includes municipal cluding the cost of land) updated to waste combustion units with a cylin- current costs. drical rotary refractory wall furnace. (2) Any physical change in the mu- Mass burn rotary waterwall municipal nicipal waste combustion unit or waste combustion unit means a field- change in the method of operating it erected municipal waste combustion that increases the emission level of any

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air pollutant for which new source per- cles (including motor vehicle parts or formance standards have been estab- vehicle fluff). lished under section 129 or section 111 Municipal waste combustion plant of the CAA. Increases in the emission means one or more municipal waste level of any air pollutant are deter- combustion units at the same location mined when the municipal waste com- as specified under Applicability of bustion unit operates at 100 percent of State Plans (§ 60.1550(a)). its physical load capability and are Municipal waste combustion plant ca- measured downstream of all air pollu- pacity means the aggregate municipal tion control devices. Load restrictions waste combustion capacity of all mu- based on permits or other nonphysical nicipal waste combustion units at the operational restrictions cannot be con- plant that are not subject to subparts sidered in the determination. Ea, Eb, or AAAA of this part. Modular excess-air municipal waste Municipal waste combustion unit combustion unit means a municipal means any setting or equipment that waste combustion unit that combusts combusts solid, liquid, or gasified mu- municipal solid waste, is not field- nicipal solid waste including, but not erected, and has multiple combustion limited to, field-erected combustion chambers, all of which are designed to units (with or without heat recovery), operate at conditions with combustion modular combustion units (starved-air air amounts in excess of theoretical air or excess-air), boilers (for example, requirements. steam generating units), furnaces Modular starved-air municipal waste (whether suspension-fired, grate-fired, combustion unit means a municipal mass-fired, air curtain incinerators, or waste combustion unit that combusts fluidized bed-fired), and pyrolysis/com- municipal solid waste, is not field- bustion units. Two criteria further de- erected, and has multiple combustion fine municipal waste combustion units: chambers in which the primary com- (1) Municipal waste combustion units bustion chamber is designed to operate do not include pyrolysis or combustion at substoichiometric conditions. units located at a plastics or rubber re- Municipal solid waste or municipal- cycling unit as specified under Applica- type solid waste means household, com- bility of State Plans (§ 60.1555(h) and mercial/retail, or institutional waste. (i)). Municipal waste combustion units Household waste includes material dis- do not include cement kilns that com- carded by residential dwellings, hotels, bust municipal solid waste as specified motels, and other similar permanent or under Applicability of State Plans temporary housing. Commercial/retail (§ 60.1555(j)). Municipal waste combus- waste includes material discarded by tion units also do not include internal stores, offices, restaurants, ware- combustion engines, gas turbines, or houses, nonmanufacturing activities at other combustion devices that combust industrial facilities, and other similar landfill gases collected by landfill gas establishments or facilities. Institu- collection systems. tional waste includes materials dis- (2) The boundaries of a municipal carded by schools, by hospitals (non- waste combustion unit are defined as medical), by nonmanufacturing activi- follows. The municipal waste combus- ties at prisons and government facili- tion unit includes, but is not limited ties, and other similar establishments to, the municipal solid waste fuel feed or facilities. Household, commercial/re- system, grate system, flue gas system, tail, and institutional waste does in- bottom ash system, and the combus- clude yard waste and refuse-derived tion unit water system. The municipal fuel. Household, commercial/retail, and waste combustion unit does not include institutional waste does not include air pollution control equipment, the used oil; sewage sludge; wood pallets; stack, water treatment equipment, or construction, renovation, and demoli- the turbine-generator set. The munic- tion wastes (which include railroad ties ipal waste combustion unit boundary and telephone poles); clean wood; in- starts at the municipal solid waste pit dustrial process or manufacturing or hopper and extends through three wastes; medical waste; or motor vehi- areas:

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(i) The combustion unit flue gas sys- ipal solid waste without emission con- tem, which ends immediately after the trols for acid gases. heat recovery equipment or, if there is Potential mercury emissions means the no heat recovery equipment, imme- level of emissions from a municipal diately after the combustion chamber. waste combustion unit that would (ii) The combustion unit bottom ash occur from combusting municipal solid system, which ends at the truck load- waste without controls for mercury ing station or similar equipment that emissions. transfers the ash to final disposal. It Potential sulfur dioxide emissions includes all ash handling systems con- means the level of emissions from a nected to the bottom ash handling sys- municipal waste combustion unit that tem. would occur from combusting munic- (iii) The combustion unit water sys- ipal solid waste without emission con- tem, which starts at the feed water trols for acid gases. pump and ends at the piping that exits Pyrolysis/combustion unit means a unit the steam drum or superheater. that produces gases, liquids, or solids Particulate matter means total partic- by heating municipal solid waste. The ulate matter emitted from municipal gases, liquids, or solids produced are waste combustion units as measured combusted and the emissions vented to using EPA Reference Method 5 in ap- the atmosphere. pendix A of this part and the proce- Reconstruction means rebuilding a dures specified in § 60.1790. municipal waste combustion unit and Plastics or rubber recycling unit means meeting two criteria: an integrated processing unit for which (1) The reconstruction begins after plastics, rubber, or rubber tires are the June 6, 2001. only feed materials (incidental con- (2) The cumulative cost of the contaminants may be in the feed mate- struction over the life of the unit ex- rials). The feed materials are processed ceeds 50 percent of the original cost of and marketed to become input feed building and installing the municipal stock for chemical plants or petroleum waste combustion unit (not including refineries. The following three criteria land) updated to current costs (current further define a plastics or rubber recy- dollars). To determine what systems cling unit: are within the boundary of the munic- (1) Each calendar quarter, the com- ipal waste combustion unit used to cal- bined weight of the feed stock that a culate the costs, see the definition in plastics or rubber recycling unit pro- this section of ‘‘municipal waste com- duces must be more than 70 percent of bustion unit.’’ the combined weight of the plastics, Refractory unit or refractory wall fur- rubber, and rubber tires that recycling nace means a municipal waste combus- unit processes. tion unit that has no energy recovery (2) The plastics, rubber, or rubber (such as through a waterwall) in the tires fed to the recycling unit may furnace of the municipal waste com- originate from separating or diverting bustion unit. plastics, rubber, or rubber tires from Refuse-derived fuel means a type of municipal or industrial solid waste. municipal solid waste produced by The feed materials may include manu- processing municipal solid waste facturing scraps, trimmings, and off- through shredding and size classifica- specification plastics, rubber, and rub- tion. That includes all classes of ber tire discards. refuse-derived fuel including two fuels: (3) The plastics, rubber, and rubber (1) Low-density fluff refuse-derived tires fed to the recycling unit may con- fuel through densified refuse-derived tain incidental contaminants (for ex- fuel. ample, paper labels on plastic bottles (2) Pelletized refuse-derived fuel. or metal rings on plastic bottle caps). Same location means the same or con- Potential hydrogen chloride emissions tiguous properties under common own- means the level of emissions from a ership or control, including those sepa- municipal waste combustion unit that rated only by a street, road, highway, would occur from combusting munic- or other public right-of-way. Common

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ownership or control includes prop- Stoker (refuse-derived fuel) combustion erties that are owned, leased, or oper- unit means a steam generating unit ated by the same entity, parent entity, that combusts refuse-derived fuel in a subsidiary, subdivision, or any com- semisuspension combusting mode, bination thereof. Entities may include using air-fed distributors. a municipality, other governmental Total mass dioxins/furans or total mass unit, or any quasi-governmental au- means the total mass of tetra-through thority (for example, a public utility octachlorinated dibenzo-p-dioxins and district or regional authority for waste dibenzofurans as determined using EPA disposal). Reference Method 23 in appendix A of Second calendar half means the period this part and the procedures specified that starts on July 1 and ends on De- in § 60.1790. cember 31 in any year. Twenty-four hour daily average or 24- Shift supervisor means the person who is in direct charge and control of oper- hour daily average means either the ating a municipal waste combustion arithmetic mean or geometric mean unit and who is responsible for onsite (as specified) of all hourly emission supervision, technical direction, man- concentrations when the municipal agement, and overall performance of waste combustion unit operates and the municipal waste combustion unit combusts municipal solid waste meas- during an assigned shift. ured during the 24 hours between 12:00 Spreader stoker, mixed fuel-fired (coal/ midnight and the following midnight. refuse-derived fuel) combustion unit Untreated lumber means wood or wood means a municipal waste combustion products that have been cut or shaped unit that combusts coal and refuse-de- and include wet, air-dried, and kiln- rived fuel simultaneously, in which dried wood products. Untreated lumber coal is introduced to the combustion does not include wood products that zone by a mechanism that throws the have been painted, pigment-stained, or fuel onto a grate from above. Combus- pressure-treated by compounds such as tion takes place both in suspension and chromate copper arsenate, on the grate. pentachlorophenol, and creosote. Standard conditions when referring to Waterwall furnace means a municipal units of measure mean a temperature waste combustion unit that has energy ° of 20 C and a pressure of 101.3 (heat) recovery in the furnace (for ex- kilopascals. ample, radiant heat transfer section) of Startup period means the period when the combustion unit. a municipal waste combustion unit be- Yard waste means grass, grass clip- gins the continuous combustion of municipal solid waste. It does not include pings, bushes, shrubs, and clippings any warmup period during which the from bushes and shrubs. They come municipal waste combustion unit com- from residential, commercial/retail, in- busts fossil fuel or other solid waste stitutional, or industrial sources as fuel but receives no municipal solid part of maintaining yards or other pri- waste. vate or public lands. Yard waste does State means any of the 50 United not include two items: States and the protectorates of the (1) Construction, renovation, and United States. demolition wastes that are exempt State plan means a plan submitted from the definition of ‘‘municipal solid pursuant to sections 111(d) and 129(b)(2) waste’’ in this section. of the CAA and subpart B of this part, (2) Clean wood that is exempt from that implements and enforces this sub- the definition of ‘‘municipal solid part. waste’’ in this section.

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TABLE 1 TO SUBPART BBBB OF PART 60—MODEL RULE—COMPLIANCE SCHEDULES AND INCREMENTS OF PROGRESS

Increment 1 (Sub- Increment 4 (Com- Affected units mit final control Increment 2 Increment 3 (Begin plete onsite con- Increment 5 (Final plan) (Award contracts) onsite construction) struction) compliance)

1. All Class I (Dates to be speci- (Dates to be speci- (Dates to be speci- (Dates to be speci- (Dates to be speci- units ab fied in State fied in State fied in State fied in State fied in State plan). plan). plan). plan). plan). cd 2. All Class II (Dates to be speci- Not applicable ...... Not applicable ...... Not applicable ...... (Dates to be speci- units ae. fied in State fied in State plan). plan). c a Plant specific schedules can be used at the discretion of the State. b Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions. c The date can be no later than 3 years after the effective date of State plan approval or December 6, 2005. d For Class I units that began construction, reconstruction, or modification after June 26, 1987, comply with the dioxins/furans and mercury limits by the later of two dates: 1. One year after the effective date of State plan approval. 2. One year after the issuance of a revised construction or operation permit, if a permit modification is required. 3. Final compliance with the dioxins/furans limits must be achieved no later than December 6, 2005, even if the date one year after the issuance of a revised construction or operation permit is after December 6, 2005. e Class II units mean all small municipal combustion units subject to this subpart that are located at municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See § 60.1940 for definitions.

TABLE 2 TO SUBPART BBBB OF PART 60—MODEL RULE—CLASS I EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE COMBUSTION UNITS A

For the following pollut- Using the following And determine com- You must meet the following emission limits b pliance by the fol- ants averaging times lowing methods

1. Organics: Dioxins/Furans (total 30 nanograms per dry standard cubic meter for 3-run average (minimum Stack test. mass basis). municipal waste combustion units that do not run duration is 4 employ an electrostatic precipitator-based hours). emission control system -or-. 60 nanograms per dry standard cubic meter for municipal waste combustion units that employ an electrostatic precipitator-based emission control system. 2. Metals: Cadmium ...... 0.040 milligrams per dry standard cubic meter .... 3-run average (run dura- Stack test. tion specified in test method). Lead ...... 0.490 milligrams per dry standard cubic meter .... 3-run average (run dura- Stack test. tion specified in test method). Mercury ...... 0.080 milligrams per dry standard cubic meter .... 3-run average (run dura- Stack test. tion specified in test method). 85 percent reduction of potential mercury emissions. Opacity ...... 10 percent ...... Thirty 6-minute aver- Stack test. ages. Particulate Matter .... 27 milligrams per dry standard cubic meter ...... 3-run average (run dura- Stack test. tion specified in test method). 3. Acid Gases: Hydrogen Chloride .. 31 parts per million by dry volume 95 percent re- 3-run average (minimum Stack test. duction of potential hydrogen chloride emis- run duration is 1 hour). sions. Sulfur Dioxide ...... 31 parts per million by dry volume 75 percent re- 24-hour daily block geo- Continuous emission duction of potential sulfur dioxide emissions. metric average con- monitoring system. centration percent reduction. 4. Other: Fugitive Ash ...... Visible emissions for no more than 5 percent of Three 1-hour observa- Visible emission test. hourly observation period. tion periods. a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions. b All emission limits (except for opacity) are measured at 7 percent oxygen.

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TABLE 3 TO SUBPART BBBB OF PART 60—MODEL RULE—CLASS I NITROGEN OXIDES EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE COMBUSTION UNITS ABC

Municipal waste combustion technology Limits for class I municipal waste combustion units

1. Mass burn waterwall ...... 200 parts per million by dry volume. 2. Mass burn rotary waterwall ...... 170 parts per million by dry volume. 3. Refuse-derived fuel ...... 250 parts per million by dry volume. 4. Fluidized bed ...... 220 parts per million by dry volume. 5. Mass burn refractory ...... 350 parts per million by dry volume. 6. Modular excess air ...... 190 parts per million by dry volume. 7. Modular starved air ...... 380 parts per million by dry volume.

a Class I units mean small municipal waste combustion units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions. b Nitrogen oxides limits are measured at 7 percent oxygen. c All limits are 24-hour daily block arithmetic average concentration. Compliance is determined for Class I units by continuous emission monitoring systems.

TABLE 4 TO SUBPART BBBB OF PART 60—MODEL RULE—CLASS II EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE COMBUSTION UNIT A

You must meet the fol- Using the following And determine compli- For the following pollutants lowing emission fol- averaging times ance by the following lowing determine limits b methods

1. Organics: Dioxins/Furans (total mass basis) ...... 125 nanorgrams per dry 3-run average (min- Stack test. standard cubic meter. imum run duration is 4 hours). 2. Metals: Cadmium ...... 0.10 milligrams per dry 3-run average (run du- Stack test. standard cubic meter. ration specified in test method). Lead ...... 1.6 milligrams per dry 3-run average (run du- Stack test. standard cubic meter. ration specified in test method). Mercury ...... 0.080 milligrams per dry 3-run average (run du- Stack test. standard cubic meter. ration specified in test method). 85 percent reduction of potential mercury emissions. Opacity ...... 10 percent ...... Thirty 6-minute average Stack test. Particulate Matter ...... 70 milligrams per dry 3-run average (run du- Stack test. standard cubic meter. ration specified in test method). 3. Acid Gases: Hydrogen Chloride ...... 250 parts per million by 3-run average (min- Stack test. volume -or-. imum run duration is 1 hour). 50 percent reduction of potential hydrogen chloride emissions. Sulfur Dioxide ...... 77 parts per million by 24-hour daily block geo- Continuous emission dry volume -or-. metric average con- monitoring system. 50 percent reduction of centration -or- per- potential sulfur diox- cent reduction. ides emissions. 4. Other: Fugitive Ash ...... Visible emissions for no Three 1-hour observa- Visible emission test. more than 5 percent tion periods. of hourly observation period.

a Class II units mean all small municipal combustion units subject to this subpart that are located at municipal waste combustion plants with aggregate plant combustion capacity less than or equal to 250 tons per day of municipal solid waste. See § 60.1940 for definitions. b All emission limits (except for opacity) are measured at 7 percent oxygen. c No monitoring, testing, recordkeeping or reporting is required to demonstrate compliance with the nitrogen oxides limit for Class II units.

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TABLE 5 TO SUBPART BBBB OF PART 60—MODEL RULE—CARBON MONOXIDE EMISSION LIMITS FOR EXISTING SMALL MUNICIPAL WASTE COMBUSTION UNITS

For the following municipal waste combustion You must meet the following carbon monoxide Using the following units limits a averaging times b

1. Fluidized bed ...... 100 parts per million by dry volume ...... 4-hour. 2. Fluidized bed, mixed fuel, (wood/refuse-derived 200 parts per million by dry volume ...... 24-hour c. fuel). 3. Mass burn rotary refractory ...... 100 parts per million by dry volume ...... 4-hour. 4. Mass burn rotary waterwall ...... 250 parts per million by dry volume ...... 24-hour. 5. Mass burn waterwall and refractory ...... 100 parts per million by dry volume ...... 4-hour. 6. Mixed fuel-fired, (pulverized coal/refuse-derived 150 parts per million by dry volume ...... 4-hour. fuel). 7. Modular starved-air and excess air ...... 50 parts per million by dry volume ...... 4-hour. 8. Spreader stoker, mixed fuel-fired (coal/refuse- 200 parts per million by dry volume ...... 24-hour daily. derived fuel). 9. Stoker, refuse-derived fuel ...... 200 parts per million by dry volume ...... 24-hour daily. a All emission limits (except for opacity) are measured at 7 percent oxygen. Compliance is determined by continuous emission monitoring systems. b Block averages, arithmetic mean. See § 60.1940 for definitions. c 24-hour block average, geometric mean.

TABLE 6 TO SUBPART BBBB OF PART 60—MODEL RULE—REQUIREMENTS FOR VALIDATING CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

Use the following Use the following Use the following Use the following For the following methods in appen- methods in appen- For the following methods in appen- methods in appen- continuous emis- dix A of this part to dix A of this part to continuous emis- dix A of this part to dix A of this part to sion monitoring validate poollutant measure oxygen sion monitoring validate poollutant measure oxygen systems concentratin levels (or carbon dioxide) systems concentratin levels (or carbon dioxide)

1. Nitrogen Oxides Method 7, 7A, Method 3 or 3A. 3. Carbon Mon- Method 10, 10A, Method 3 or 3A. (Class I units 7B,7C, 7D, or oxide. or 10B. only) a. 7E. a Class I units mean small municipal waste combustion 2. Sulfur Dioxide ... Method 6 or 6C .... Method 3 or 3A. units subject to this subpart that are located at municipal waste combustion plants with an aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste. See § 60.1940 for definitions.

TABLE 7 TO SUBPART BBBB OF PART 60—MODEL RULE—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

If needed to meet min- Use the following per- imum data require- For the following pollut- formance specifications ments, use the following ants Use the following span values for CEMS in appendix B of this alternate methods in part for your CEMS appendix A of this part to collect data

1. Opacity ...... 100 percent opacity ...... P.S. 1 ...... Method 9. 2. Nitrogen Oxides Control device outlet: 125 percent of the max- P.S. 2 ...... Method 7E. (Class I units only). imum expected hourly potential nitrogen oxides emissions of the municipal waste combustion unit. 3. Sulfur Dioxide ...... Inlet to control device: 125 percent of the max- P.S. 2 ...... Method 6C. imum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit. Control device outlet: 50 percent of the maximum expected hourly potential sulfur dioxide emissions of the municipal waste combustion unit. 4. Carbon Monoxide ...... 125 percent of the maximum expected hourly P.S. 4A ...... Method 10 with alter- potential carbon monoxide emissions of the native interference municipal waste combustion unit. trap. 5. Oxygen or Carbon Di- 25 percent oxygen or 25 percent carbon dioxide P.S. 3 ...... Method 3A or 3B. oxide.

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TABLE 8 TO SUBPART BBBB OF PART 60—MODEL RULE—REQUIREMENTS FOR STACK TESTS

Use the following meth- Use the following meth- To measure the fol- ods in appendix A of ods in appendix A of lowing pollutants this part to determine this part to measure Also note the following additional information the sampling location pollutant concentration

1. Organics Dioxins/Furans ...... Method 1 ...... Method 23 a ...... The minimum sampling time must be 4 hours per test run while the municipal waste combustion unit is operating at full load. 2. Metals Cadmium ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Lead ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Mercury ...... Method 1 ...... Method 29 a ...... Compliance testing must be performed while the municipal waste combustion unit is operating at full load. Opacity ...... Method 9 ...... Method 9 ...... Use Method 9 to determine compliance with opacity limits. 3-hour observation period (thirty 6-minute averages). Particulate Matter ... Method 1 ...... Method 5 or 29 ...... The minimum sample volume must be 1.0 cubic meters. The probe and filter holder heating systems in the sample train must be set to provide a gas temperature no greater than 160 ±14 °C. The minimum sampling time is 1 hour. 3. Acid Gases b Hydrogen Chloride Method 1 ...... Method 26 or 26Aa ...... Test runs must be at least 1 hour long while the municipal waste combustion unit is operating at full load. 4. Other b Fugitive Ash ...... Not applicable ...... Method 22 (visible The three 1-hour observation period must in- emissions). clude periods when the facility transfers fugitive ash from the municipal waste combustion unit to the area where the fugitive ash is stored or loaded into containers or trucks. a Must simultaneously measure oxygen (or carbon dioxide) using Method 3A or 3B in appendix A of this part. b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for quality assurance requirements in appendix F of this part.

Subpart CCCC—Standards of Per- CISWI or ACI (i.e., the preconstruction formance for Commercial requirements in §§ 60.2045 and 60.2050). and Industrial Solid Waste In- Other requirements such as the emis- cineration Units sion limitations and operating limits apply after the CISWI or ACI begins operation. SOURCE: 84 FR 15853, Apr. 16, 2019, unless otherwise noted. APPLICABILITY

INTRODUCTION § 60.2010 Does this subpart apply to my incineration unit? § 60.2000 What does this subpart do? This subpart establishes new source Yes, this subpart applies if your in- performance standards for commercial cineration unit meets all the require- and industrial solid waste incineration ments specified in paragraphs (a) units (CISWIs) and air curtain inciner- through (c) of this section: ators (ACIs). (a) Your incineration unit is a new incineration unit as defined in § 60.2015; § 60.2005 When did this subpart be- (b) Your incineration unit is a CISWI come effective? as defined in § 60.2265, or an ACI as de- This subpart became effective on Au- fined in § 60.2265; and gust 7, 2013. Some of the requirements (c) Your incineration unit is not ex- in this subpart apply to planning the empt under § 60.2020.

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§ 60.2015 What is a new incineration (2) Keep records on a calendar quar- unit? ter basis of the weight of pathological (a) A new incineration unit is an in- waste, low-level radioactive waste, and/ cineration unit that meets any of the or chemotherapeutic waste burned, and criteria specified in paragraphs (a)(1) the weight of all other fuels and wastes through (3) of this section: burned in the unit. (1) A CISWI or ACI that commenced (b) Municipal waste combustion units. construction after June 4, 2010; Incineration units that are subject to (2) A CISWI or ACI that commenced subpart Ea of this part (Standards of reconstruction or modification after Performance for Municipal Waste Com- August 7, 2013; and bustors); subpart Eb of this part (3) Incinerators and ACIs, as defined (Standards of Performance for Large in this subpart, that commenced con- Municipal Waste Combustors); subpart struction after November 30, 1999, but Cb of this part (Emission Guidelines no later than June 4, 2010, or that com- and Compliance Time for Large Munic- menced reconstruction or modification ipal Combustors); subpart AAAA of on or after June 1, 2001, but no later this part (Standards of Performance for than August 7, 2013, are considered new Small Municipal Waste Combustion incineration units and remain subject Units); or subpart BBBB of this part to the applicable requirements of this (Emission Guidelines for Small Munic- subpart until the units become subject ipal Waste Combustion Units). to the requirements of an approved (c) Medical waste incineration units. state plan or federal plan that imple- Incineration units regulated under sub- ments subpart DDDD of this part part Ec of this part (Standards of Per- (Emission Guidelines and Compliance formance for Hospital/Medical/Infec- Times for Commercial and Industrial tious Waste Incinerators for Which Solid Waste Incineration Units). Construction is Commenced After June (b) This subpart does not affect your 20, 1996) or subpart Ce of this part CISWI or ACI if you make physical or (Emission Guidelines and Compliance operational changes to your inciner- Times for Hospital/Medical/Infectious ation unit primarily to comply with Waste Incinerators). subpart DDDD of this part (Emission (d) Small power production facilities. Guidelines and Compliance Times for Units that meet the four requirements Commercial and Industrial Solid Waste specified in paragraphs (d)(1) through Incineration Units). Such changes do (4) of this section: not qualify as reconstruction or modi- (1) The unit qualifies as a small fication under this subpart. power-production facility under section 3(17)(C) of the Federal Power Act § 60.2020 What combustion units are (16 U.S.C. 796(17)(C)); exempt from this subpart? (2) The unit burns homogeneous This subpart exempts the types of waste (not including refuse-derived units described in paragraphs (a) fuel) to produce electricity; through (j) of this section, but some (3) You submit documentation to the units are required to provide notifica- Administrator notifying the EPA that tions. the qualifying small power production (a) Pathological waste incineration facility is combusting homogenous units. Incineration units burning 90 waste; and percent or more by weight (on a cal- (4) You maintain the records speci- endar quarter basis and excluding the fied in § 60.2175(w). weight of auxiliary fuel and combus- (e) Cogeneration facilities. Units that tion air) of pathological waste, low- meet the four requirements specified in level radioactive waste, and/or paragraphs (e)(1) through (4) of this chemotherapeutic waste as defined in section: § 60.2265 are not subject to this subpart (1) The unit qualifies as a cogenera- if you meet the two requirements spection facility under section 3(18)(B) of ified in paragraphs (a)(1) and (2) of this the Federal Power Act (16 U.S.C. section: 796(18)(B)); (1) Notify the Administrator that the (2) The unit burns homogeneous unit meets these criteria; and waste (not including refuse-derived

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fuel) to produce electricity and steam that agency (as well as EPA) has the or other forms of energy used for indus- authority to implement and enforce trial, commercial, heating, or cooling this subpart. You should contact your purposes; EPA Regional Office to find out if this (3) You submit documentation to the subpart is delegated to your state, Administrator notifying the Agency local, or tribal agency. that the qualifying cogeneration facil- (b) In delegating implementation and ity is combusting homogenous waste; enforcement authority of this subpart and to a state, local, or tribal agency, the (4) You maintain the records speci- authorities contained in paragraph (c) fied in § 60.2175(x). of this section are retained by the EPA (f) Hazardous waste combustion units. Administrator and are not transferred Units for which you are required to get to the state, local, or tribal agency. a permit under section 3005 of the Solid (c) The authorities that will not be Waste Disposal Act. delegated to state, local, or tribal (g) Materials recovery units. Units that agencies are specified in paragraphs combust waste for the primary purpose (c)(1) through (9) of this section: of recovering metals, such as primary (1) Approval of alternatives to the and secondary smelters. emission limitations in tables 1, 5, 6, 7, (h) Sewage treatment plants. Inciner- and 8 of this subpart and operating lim- ation units regulated under subpart O its established under § 60.2110; of this part (Standards of Performance (2) Approval of major alternatives to for Sewage Treatment Plants). test methods; (i) Sewage sludge incineration units. In- (3) Approval of major alternatives to cineration units combusting sewage monitoring; sludge for the purpose of reducing the (4) Approval of major alternatives to volume of the sewage sludge by remov- recordkeeping and reporting; ing combustible matter that are sub- (5) The requirements in § 60.2115; ject to subpart LLLL of this part (6) The requirements in § 60.2100(b)(2); (Standards of Performance for New (7) Approval of alternative opacity Sewage Sludge Incineration Units) or emission limits in § 60.2105 under subpart MMMM of this part (Emission § 60.11(e)(6) through (8); Guidelines and Compliance Times for (8) Performance test and data reduc- Existing Sewage Sludge Incineration tion waivers under § 60.8(b)(4) and (5); Units). (9) Approval of an alternative to any (j) Other solid waste incineration units. electronic reporting to the EPA re- Incineration units that are subject to quired by this subpart. subpart EEEE of this part (Standards of Performance for Other Solid Waste § 60.2035 How are these new source Incineration Units for Which Construc- performance standards structured? tion is Commenced After December 9, 2004, or for Which Modification or Re- These new source performance stand- construction is Commenced on or After ards contain the eleven major compo- June 16, 2006) or subpart FFFF of this nents listed in paragraphs (a) through part (Emission Guidelines and Compli- (k) of this section: ance Times for Other Solid Waste In- (a) Preconstruction siting analysis; cineration Units That Commenced Con- (b) Waste management plan; struction On or Before December 9, (c) Operator training and qualifica- 2004). tion; (d) Emission limitations and oper- § 60.2030 Who implements and en- ating limits; forces this subpart? (e) Performance testing; (a) This subpart can be implemented (f) Initial compliance requirements; and enforced by the U.S. Environ- (g) Continuous compliance require- mental Protection Agency (EPA), or a ments; delegated authority such as your state, (h) Monitoring; local, or tribal agency. If the EPA Ad- (i) Recordkeeping and reporting; ministrator has delegated authority to (j) Definitions; and your state, local, or tribal agency, then (k) Tables.

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§ 60.2040 Do all eleven components of as required under § 60.2190(c) prior to these new source performance commencing construction. standards apply at the same time? WASTE MANAGEMENT PLAN No. You must meet the preconstruction siting analysis and § 60.2055 What is a waste management waste management plan requirements plan? before you commence construction of the CISWI. The operator training and A waste management plan is a writ- qualification, emission limitations, op- ten plan that identifies both the feasi- erating limits, performance testing and bility and the methods used to reduce compliance, monitoring, and most rec- or separate certain components of solid ordkeeping and reporting requirements waste from the waste stream in order are met after the CISWI begins oper- to reduce or eliminate toxic emissions ation. from incinerated waste. § 60.2060 When must I submit my PRECONSTRUCTION SITING ANALYSIS waste management plan? § 60.2045 Who must prepare a siting (a) You must submit a waste manage- analysis? ment plan prior to commencing con- (a) You must prepare a siting anal- struction. ysis if you plan to commence construc- (b) For CISWIs that commence recon- tion of an incinerator after December struction or modification after August 1, 2000. 7, 2013, you must submit a waste man- (b) You must prepare a siting anal- agement plan prior to the commence- ysis for CISWIs that commenced con- ment of modification or reconstruc- struction after June 4, 2010, or that tion. commenced reconstruction or modi- § 60.2065 What should I include in my fication after August 7, 2013. waste management plan? (c) You must prepare a siting analysis if you are required to submit an A waste management plan must in- initial application for a construction clude consideration of the reduction or permit under 40 CFR part 51, subpart I, separation of waste-stream elements or 40 CFR part 52, as applicable, for the such as paper, cardboard, plastics, reconstruction or modification of your glass, batteries, or metals; or the use of CISWI. recyclable materials. The plan must identify any additional waste manage- § 60.2050 What is a siting analysis? ment measures and implement those measures the source considers prac- (a) The siting analysis must consider tical and feasible, considering the ef- air pollution control alternatives that fectiveness of waste management minimize, on a site-specific basis, to measures already in place, the costs of the maximum extent practicable, po- additional measures, the emissions re- tential risks to public health or the en- ductions expected to be achieved, and vironment. In considering such alter- any other environmental or energy im- natives, the analysis may consider pacts they might have. costs, energy impacts, nonair environmental impacts, or any other factors OPERATOR TRAINING AND QUALIFICATION related to the practicability of the alternatives. § 60.2070 What are the operator train- (b) Analyses of your CISWI’s impacts ing and qualification requirements? that are prepared to comply with state, (a) No CISWI can be operated unless local, or other federal regulatory re- a fully trained and qualified CISWI op- quirements may be used to satisfy the erator is accessible, either at the facil- requirements of this section, provided ity or can be at the facility within 1 they include the consideration of air hour. The trained and qualified CISWI pollution control alternatives specified operator may operate the CISWI di- in paragraph (a) of this section. rectly or be the direct supervisor of one (c) You must complete and submit or more other plant personnel who op- the siting requirements of this section erate the unit. If all qualified CISWI

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operators are temporarily not acces- (b) December 3, 2001; and sible, you must follow the procedures (c) The date before an employee as- in § 60.2100. sumes responsibility for operating the (b) Operator training and qualifica- CISWI or assumes responsibility for su- tion must be obtained through a state- pervising the operation of the CISWI. approved program or by completing the requirements included in paragraph (c) § 60.2080 How do I obtain my operator of this section. qualification? (c) Training must be obtained by (a) You must obtain operator quali- completing an incinerator operator fication by completing a training training course that includes, at a min- course that satisfies the criteria under imum, the three elements described in § 60.2070(b). paragraphs (c)(1) through (3) of this (b) Qualification is valid from the section: date on which the training course is (1) Training on the eleven subjects completed and the operator success- listed in paragraphs (c)(1)(i) through fully passes the examination required (xi) of this section; under § 60.2070(c)(2). (i) Environmental concerns, including types of emissions; § 60.2085 How do I maintain my oper- (ii) Basic combustion principles, in- ator qualification? cluding products of combustion; To maintain qualification, you must (iii) Operation of the specific type of complete an annual review or refresher incinerator to be used by the operator, course covering, at a minimum, the including proper startup, waste charg- five topics described in paragraphs (a) ing, and shutdown procedures; through (e) of this section: (iv) Combustion controls and moni- (a) Update of regulations; toring; (b) Incinerator operation, including (v) Operation of air pollution control startup and shutdown procedures, equipment and factors affecting per- waste charging, and ash handling; formance (if applicable); (vi) Inspection and maintenance of (c) Inspection and maintenance; the incinerator and air pollution con- (d) Prevention and correction of mal- trol devices; functions or conditions that may lead (vii) Actions to prevent and correct to malfunction; and malfunctions or to prevent conditions (e) Discussion of operating problems that may lead to malfunctions; encountered by attendees. (viii) Bottom and fly ash characteris- § 60.2090 How do I renew my lapsed tics and handling procedures; operator qualification? (ix) Applicable federal, state, and local regulations, including Occupa- You must renew a lapsed operator tional Safety and Health Administra- qualification by one of the two meth- tion workplace standards; ods specified in paragraphs (a) and (b) (x) Pollution prevention; and of this section: (xi) Waste management practices. (a) For a lapse of less than 3 years, (2) An examination designed and ad- you must complete a standard annual ministered by the instructor. refresher course described in § 60.2085; (3) Written material covering the and training course topics that may serve (b) For a lapse of 3 years or more, as reference material following comple- you must repeat the initial qualification of the course. tion requirements in § 60.2080(a).

§ 60.2075 When must the operator § 60.2095 What site-specific docu- training course be completed? mentation is required? The operator training course must be (a) Documentation must be available completed by the later of the three at the facility and readily accessible dates specified in paragraphs (a) for all CISWI operators that addresses through (c) of this section: the ten topics described in paragraphs (a) Six months after your CISWI (a)(1) through (10) of this section. You startup; must maintain this information and

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the training records required by para- under § 60.2085 or § 60.2090. Records must graph (c) of this section in a manner include documentation of training, the that they can be readily accessed and dates of the initial and refresher train- are suitable for inspection upon re- ing, and the dates of their qualification quest: and all subsequent renewals of such (1) Summary of the applicable stand- qualifications; and ards under this subpart; (3) For each qualified operator, the (2) Procedures for receiving, han- phone and/or pager number at which dling, and charging waste; they can be reached during operating (3) Incinerator startup, shutdown, hours. and malfunction procedures; (4) Procedures for maintaining proper § 60.2100 What if all the qualified oper- combustion air supply levels; ators are temporarily not acces- (5) Procedures for operating the in- sible? cinerator and associated air pollution If all qualified operators are tempo- control systems within the standards rarily not accessible (i.e., not at the fa- established under this subpart; cility and not able to be at the facility (6) Monitoring procedures for dem- within 1 hour), you must meet one of onstrating compliance with the incin- the two criteria specified in paragraphs erator operating limits; (a) and (b) of this section, depending on (7) Reporting and recordkeeping pro- the length of time that a qualified op- cedures; erator is not accessible: (8) The waste management plan re- (a) When all qualified operators are quired under §§ 60.2055 through 60.2065; not accessible for more than 8 hours, (9) Procedures for handling ash; and but less than 2 weeks, the CISWI may (10) A list of the wastes burned dur- be operated by other plant personnel ing the performance test. familiar with the operation of the (b) You must establish a program for CISWI who have completed a review of reviewing the information listed in the information specified in § 60.2095(a) paragraph (a) of this section with each within the past 12 months. However, incinerator operator: you must record the period when all (1) The initial review of the informa- qualified operators were not accessible tion listed in paragraph (a) of this sec- and include this deviation in the an- tion must be conducted within 6 months after the effective date of this nual report as specified under § 60.2210; subpart or prior to an employee’s as- and sumption of responsibilities for oper- (b) When all qualified operators are ation of the CISWI, whichever date is not accessible for 2 weeks or more, you later; and must take the two actions that are de- (2) Subsequent annual reviews of the scribed in paragraphs (b)(1) and (2) of information listed in paragraph (a) of this section: this section must be conducted no later (1) Notify the Administrator of this than 12 months following the previous deviation in writing within 10 days. In review. the notice, state what caused this devi- (c) You must also maintain the infor- ation, what you are doing to ensure mation specified in paragraphs (c)(1) that a qualified operator is accessible, through (3) of this section: and when you anticipate that a quali- (1) Records showing the names of fied operator will be accessible; and CISWI operators who have completed (2) Submit a status report to the Ad- review of the information in § 60.2095(a) ministrator every 4 weeks outlining as required by § 60.2095(b), including the what you are doing to ensure that a date of the initial review and all subse- qualified operator is accessible, stating quent annual reviews; when you anticipate that a qualified (2) Records showing the names of the operator will be accessible and request- CISWI operators who have completed ing approval from the Administrator to the operator training requirements continue operation of the CISWI. You under § 60.2070, met the criteria for must submit the first status report 4 qualification under § 60.2080, and main- weeks after you notify the Adminis- tained or renewed their qualification trator of the deviation under paragraph

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(b)(1) of this section. If the Adminis- (i) For continuous and intermittent trator notifies you that your request to units, maximum charge rate is 110 per- continue operation of the CISWI is dis- cent of the average charge rate meas- approved, the CISWI may continue op- ured during the most recent perform- eration for 90 days, then must cease op- ance test demonstrating compliance eration. Operation of the unit may re- with all applicable emission limita- sume if you meet the two requirements tions; and in paragraphs (b)(2)(i) and (ii) of this (ii) For batch units, maximum charge section: rate is 110 percent of the daily charge (i) A qualified operator is accessible rate measured during the most recent as required under § 60.2070(a); and performance test demonstrating com- (ii) You notify the Administrator pliance with all applicable emission that a qualified operator is accessible limitations. and that you are resuming operation. (2) Minimum pressure drop across the wet particulate matter scrubber, which EMISSION LIMITATIONS AND OPERATING is calculated as the lowest 1-hour aver- LIMITS age pressure drop across the wet scrubber measured during the most recent § 60.2105 What emission limitations performance test demonstrating com- must I meet and by when? pliance with the particulate matter (a) You must meet the emission limi- emission limitations; or minimum am- tations for each CISWI, including by- perage to the wet scrubber, which is pass stack or vent, specified in table 1 calculated as the lowest 1-hour average of this subpart or tables 5 through 8 of amperage to the wet scrubber meas- this subpart by the applicable date in ured during the most recent perform- § 60.2140. You must be in compliance ance test demonstrating compliance with the emission limitations of this with the particulate matter emission subpart that apply to you at all times. limitations; (b) A CISWI or ACI that commenced (3) Minimum scrubber liquid flow construction after November 30, 1999, rate, which is calculated as the lowest but no later than June 4, 2010, or that 1-hour average liquid flow rate at the commenced reconstruction or modi- inlet to the wet acid gas or particulate fication on or after June 1, 2001 but no matter scrubber measured during the later than August 7, 2013, must con- most recent performance test dem- tinue to meet the emission limits in onstrating compliance with all applica- table 1 of this subpart for units in the ble emission limitations; and incinerator subcategory and § 60.2250 (4) Minimum scrubber liquor pH, for ACIs until the units become subject which is calculated as the lowest 1- to the requirements of an approved hour average liquor pH at the inlet to state plan or federal plan that imple- the wet acid gas scrubber measured ments subpart DDDD of this part during the most recent performance (Emission Guidelines and Compliance test demonstrating compliance with Times for Commercial and Industrial the hydrogen chloride (HCl) emission Solid Waste Incineration Units). limitation. (b) You must meet the operating lim- § 60.2110 What operating limits must I its established during the initial per- meet and by when? formance test 60 days after your CISWI (a) If you use a wet scrubber(s) to reaches the charge rate at which it will comply with the emission limitations, operate, but no later than 180 days you must establish operating limits for after its initial startup. up to four operating parameters (as (c) If you use a fabric filter to comply specified in table 2 of this subpart) as with the emission limitations and you described in paragraphs (a)(1) through do not use a particulate matter (PM) (4) of this section during the initial continuous parameter monitoring sys- performance test: tem (CPMS) for monitoring PM com- (1) Maximum charge rate, calculated pliance, you must operate each fabric using one of the two different proce- filter system such that the bag leak de- dures in paragraph (a)(1)(i) or (ii) of tection system alarm does not sound this section, as appropriate: more than 5 percent of the operating

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time during a 6-month period. In calcu- age charge rate, lower secondary cham- lating this operating time percentage, ber temperature, and lowest reagent if inspection of the fabric filter dem- flow rate measured during the most re- onstrates that no corrective action is cent performance test demonstrating required, no alarm time is counted. If compliance with the nitrogen oxides corrective action is required, each emission limitations. alarm shall be counted as a minimum (g) If you use a dry scrubber to com- of 1 hour. If you take longer than 1 ply with the emission limitations, you hour to initiate corrective action, the must measure the injection rate of alarm time shall be counted as the ac- each sorbent during the performance tual amount of time taken by you to testing. The operating limit for the in- initiate corrective action. jection rate of each sorbent is cal- (d) If you use an electrostatic precipitator to comply with the emission lim- culated as the lowest 1-hour average itations and you do not use a PM injection rate for each sorbent meas- CPMS for monitoring PM compliance, ured during the most recent perform- you must measure the (secondary) ance test demonstrating compliance voltage and amperage of the electro- with the hydrogen chloride emission static precipitator collection plates limitations. For energy recovery units, during the particulate matter perform- when your unit operates at lower loads, ance test. Calculate the average elec- multiply your sorbent injection rate by tric power value (secondary voltage × the load fraction, as defined in this secondary current = secondary electric subpart, to determine the required in- power) for each test run. The operating jection rate (e.g., for 50 percent load, limit for the electrostatic precipitator multiply the injection rate operating is calculated as the lowest 1-hour aver- limit by 0.5). age secondary electric power measured (h) If you do not use a wet scrubber, during the most recent performance electrostatic precipitator, or fabric fil- test demonstrating compliance with ter to comply with the emission limita- the particulate matter emission limi- tions, and if you do not determine com- tations. pliance with your particulate matter (e) If you use activated carbon sor- emission limitation with either a par- bent injection to comply with the ticulate matter CEMS or a particulate emission limitations, you must meas- matter CPMS, you must maintain ure the sorbent flow rate during the opacity to less than or equal to 10 per- performance testing. The operating limit for the carbon sorbent injection cent opacity (1-hour block average). is calculated as the lowest 1-hour aver- (i) If you use a PM CPMS to dem- age sorbent flow rate measured during onstrate compliance, you must estab- the most recent performance test dem- lish your PM CPMS operating limit onstrating compliance with the mer- and determine compliance with it ac- cury emission limitations. For energy cording to paragraphs (i)(1) through (5) recovery units, when your unit oper- of this section: ates at lower loads, multiply your sor- (1) Determine your operating limit as bent injection rate by the load frac- the average PM CPMS output value re- tion, as defined in this subpart, to de- corded during the performance test or termine the required injection rate at a PM CPMS output value cor- (e.g., for 50 percent load, multiply the responding to 75 percent of the emis- injection rate operating limit by 0.5). sion limit if your PM performance test (f) If you use selective noncatalytic demonstrates compliance below 75 per- reduction to comply with the emission cent of the emission limit. You must limitations, you must measure the verify an existing or establish a new charge rate, the secondary chamber operating limit after each repeated temperature (if applicable to your performance test. You must repeat the CISWI), and the reagent flow rate dur- performance test annually and reassess ing the nitrogen oxides performance and adjust the site-specific operating testing. The operating limits for the selective noncatalytic reduction are limit in accordance with the results of calculated as the highest 1-hour aver- the performance test:

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(i) Your PM CPMS must provide a 4– centration from the Method 5 or per- 20 milliamp output, or digital equiva- formance test with the procedures in lent, and the establishment of its rela- (i)(1) through (5) of this section: tionship to manual reference method (i) Determine your instrument zero measurements must be determined in output with one of the following proce- units of milliamps; dures: (ii) Your PM CPMS operating range (A) Zero point data for in-situ instru- must be capable of reading PM con- ments should be obtained by removing centrations from zero to a level equiva- the instrument from the stack and lent to at least two times your allow- monitoring ambient air on a test able emission limit. If your PM CPMS bench; is an auto-ranging instrument capable (B) Zero point data for extractive in- of multiple scales, the primary range struments should be obtained by re- of the instrument must be capable of moving the extractive probe from the reading PM concentration from zero to stack and drawing in clean ambient a level equivalent to two times your al- air; lowable emission limit; and (iii) During the initial performance (C) The zero point can also can be es- test or any such subsequent perform- tablished obtained by performing man- ance test that demonstrates compli- ual reference method measurements ance with the PM limit, record and av- when the flue gas is free of PM emis- erage all milliamp output values, or sions or contains very low PM con- their digital equivalent, from the PM centrations (e.g., when your process is CPMS for the periods corresponding to not operating, but the fans are oper- the compliance test runs (e.g., average ating or your source is combusting all your PM CPMS output values for only natural gas) and plotting these three corresponding 2-hour Method 5I with the compliance data to find the test runs). zero intercept; and (2) If the average of your three PM (D) If none of the steps in paragraphs performance test runs are below 75 per- (i)(2)(i)(A) through (C) of this section cent of your PM emission limit, you are possible, you must use a zero out- must calculate an operating limit by put value provided by the manufac- establishing a relationship of PM turer. CPMS signal to PM concentration (ii) Determine your PM CPMS instru- using the PM CPMS instrument zero, ment average in milliamps, or the dig- the average PM CPMS output values ital equivalent, and the average of your corresponding to the three compliance corresponding three PM compliance test runs, and the average PM con- test runs, using equation 1:

Where: CPMS milliamp value, or its digital

X1 = the PM CPMS output data points for equivalent, and your three run average the three runs constituting the performance PM concentration from your three test, compliance tests, determine a relation- Y1 = the PM concentration value for the ship of mg/dscm per milliamp or digital three runs constituting the performance signal equivalent with equation 2: test, and n = the number of data points. (iii) With your instrument zero expressed in milliamps, or the digital equivalent, your three run average PM

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Where: (iv) Determine your source specific R = the relative mg/dscm per milliamp or 30-day rolling average operating limit digital equivalent for your PM CPMS, using the mg/dscm per milliamp or dig- Y1 = the three run average mg/dscm PM con- ital value from equation 2 in equation centration, 3, below. This sets your operating limit X1 = the three run average milliamp or digital signal output from you PM CPMS, at the PM CPMS output value cor- and responding to 75 percent of your emis- z = the milliamp or digital signal equivalent sion limit: of your instrument zero determined from paragraph (2)(i) of this section.

Where: (3) If the average of your three PM

Ol = the operating limit for your PM CPMS compliance test runs is at or above 75 on a 30-day rolling average, in milliamps percent of your PM emission limit you or their digital signal equivalent, must determine your operating limit L = your source emission limit expressed in by averaging the PM CPMS milliamp mg/dscm, or digital signal output corresponding z = your instrument zero in milliamps or the to your three PM performance test digital equivalent, determined from runs that demonstrate compliance with paragraph (2)(i) of this secction, and the emission limit using equation 4 and R = the relative mg/dscm per milliamp or you must submit all compliance test digital signal output equivalent for your and PM CPMS data according to the PM CPMS, from equation 2. reporting requirements in paragraph (i)(5) of this section:

Where: process is operating and the PM CPMS

X1 = the PM CPMS data points for all runs i, is not out-of-control. You must dem- n = the number of data points, and onstrate continuous compliance by Oh = your site specific operating limit, in using all quality-assured hourly aver- milliamps or digital signal equivalent. age data collected by the PM CPMS for (4) To determine continuous compli- all operating hours to calculate the ance, you must record the PM CPMS arithmetic average operating param- output data for all periods when the eter in units of the operating limit

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(e.g., milliamps or digital signal bits, (c) A discussion of how you will es- PM concentration, raw data signal) on tablish the upper and/or lower values a 30-day rolling average basis. for these parameters which will estab- (5) For PM performance test reports lish the operating limits on these pa- used to set a PM CPMS operating rameters; limit, the electronic submission of the (d) A discussion identifying the test report must also include the make methods you will use to measure and and model of the PM CPMS instru- the instruments you will use to mon- ment, serial number of the instrument, itor these parameters, as well as the analytical principle of the instrument relative accuracy and precision of (e.g., beta attenuation), span of the in- these methods and instruments; and struments primary analytical range, (e) A discussion identifying the fre- milliamp or digital signal value equiv- quency and methods for recalibrating alent to the instrument zero output, the instruments you will use for moni- technique by which this zero value was toring these parameters. determined, and the average milliamp or digital signals corresponding to each PERFORMANCE TESTING PM compliance test run. § 60.2125 How do I conduct the initial § 60.2115 What if I do not use a wet and annual performance test? scrubber, fabric filter, activated carbon injection, selective noncata- (a) All performance tests must con- lytic reduction, an electrostatic pre- sist of a minimum of three test runs cipitator, or a dry scrubber to com- conducted under conditions representa- ply with the emission limitations? tive of normal operations. If you use an air pollution control de- (b) You must document that the vice other than a wet scrubber, acti- waste burned during the performance vated carbon injection, selective non- test is representative of the waste catalytic reduction, fabric filter, an burned under normal operating condi- electrostatic precipitator, or a dry tions by maintaining a log of the quan- scrubber or limit emissions in some tity of waste burned (as required in other manner, including material bal- § 60.2175(b)(1)) and the types of waste ances, to comply with the emission burned during the performance test. limitations under § 60.2105, you must (c) All performance tests must be petition the EPA Administrator for conducted using the minimum run du- specific operating limits to be estab- ration specified in table 1 of this sub- lished during the initial performance part or tables 5 through 8 of this sub- test and continuously monitored there- part. after. You must submit the petition at least sixty days before the performance (d) Method 1 of appendix A of this test is scheduled to begin. Your peti- part must be used to select the sam- tion must include the five items listed pling location and number of traverse in paragraphs (a) through (e) of this points. section: (e) Method 3A or 3B of appendix A of (a) Identification of the specific pa- this part must be used for gas composi- rameters you propose to use as addition analysis, including measurement tional operating limits; of oxygen concentration. Method 3A or (b) A discussion of the relationship 3B of appendix A of this part must be between these parameters and emis- used simultaneously with each method sions of regulated pollutants, identi- (except when using Method 9 and Meth- fying how emissions of regulated pol- od 22). lutants change with changes in these (f) All pollutant concentrations, ex- parameters and how limits on these pa- cept for opacity, must be adjusted to 7 rameters will serve to limit emissions percent oxygen using equation 5 of this of regulated pollutants; section:

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Where: blocks consisting of ten 6-minute aver-

Cadj = pollutant concentration adjusted to 7 age opacity values, unless you are re- percent oxygen; quired to install a continuous opacity Cmeas = pollutant concentration measured on monitoring system, consistent with a dry basis; §§ 60.2145 and 60.2165. ¥ (20.9–7) = 20.9 percent oxygen 7 percent oxy- (j) You must determine dioxins/ gen (defined oxygen correction basis); 20.9 = oxygen concentration in air, percent; furans total mass basis by following and the procedures in paragraphs (j)(1) %O2 = oxygen concentration measured on a through (3) of this section: dry basis, percent. (1) Measure the concentration of each dioxin/furan tetra-through octa- (g) You must determine dioxins/ chlorinated isomer emitted using EPA furans toxic equivalency by following Method 23 at 40 CFR part 60, appendix the procedures in paragraphs (g)(1) A–7; through (4) of this section: (2) Quantify isomers meeting identi- (1) Measure the concentration of each fication criteria 2, 3, 4, and 5 in Section dioxin/furan tetra-through octa- 5.3.2.5 of Method 23, regardless of chlorinated isomer emitted using EPA whether the isomers meet identifica- Method 23 at 40 CFR part 60, appendix tion criteria 1 and 7. You must quan- A–7; tify the isomers per Section 9.0 of (2) Quantify isomers meeting identi- Method 23. (Note: You may reanalyze fication criteria 2, 3, 4, and 5 in Section the sample aliquot or split to reduce 5.3.2.5 of Method 23, regardless of the number of isomers not meeting whether the isomers meet identifica- identification criteria 1 or 7 of Section tion criteria 1 and 7. You must quan- 5.3.2.5.); and tify the isomers per Section 9.0 of (3) Sum the quantities measured in Method 23. (Note: You may reanalyze accordance with paragraphs (j)(1) and the sample aliquot or split to reduce (2) of this section to obtain the total the number of isomers not meeting concentration of dioxins/furans emitted identification criteria 1 or 7 of Section in terms of total mass basis. 5.3.2.5.); (3) For each dioxin/furan (tetra- § 60.2130 How are the performance through octa-chlorinated) isomer test data used? measured in accordance with para- You use results of performance tests graphs (g)(1) and (2) of this section, to demonstrate compliance with the multiply the isomer concentration by emission limitations in table 1 of this its corresponding toxic equivalency subpart or tables 5 through 8 of this factor specified in table 3 of this sub- subpart. part; and (4) Sum the products calculated in INITIAL COMPLIANCE REQUIREMENTS accordance with paragraph (g)(3) of this section to obtain the total con- § 60.2135 How do I demonstrate initial centration of dioxins/furans emitted in compliance with the emission limi- terms of toxic equivalency. tations and establish the operating (h) Method 22 at 40 CFR part 60, ap- limits? pendix A–7 of this part must be used to (a) You must conduct a performance determine compliance with the fugitive test, as required under §§ 60.2125 and ash emission limit in table 1 of this 60.2105to determine compliance with subpart or tables 5 through 8 of this the emission limitations in table 1 of subpart. this subpart or tables 5 through 8 of (i) If you have an applicable opacity this subpart, to establish compliance operating limit, you must determine with any opacity operating limit in compliance with the opacity limit § 60.2110, to establish the kiln-specific using Method 9 at 40 CFR part 60, ap- emission limit in § 60.2145(y), as appli- pendix A–4, based on three 1-hour cable, and to establish operating limits

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using the procedures in § 60.2110 or § 60.2141 By what date must I conduct § 60.2115. The performance test must be the initial air pollution control de- conducted using the test methods list- vice inspection? ed in table 1 of this subpart or tables 5 (a) The initial air pollution control through 8 of this subpart and the proce- device inspection must be conducted dures in § 60.2125. The use of the bypass within 60 days after installation of the stack during a performance test shall control device and the associated invalidate the performance test. CISWI reaches the charge rate at which (b) As an alternative to conducting a it will operate, but no later than 180 performance test, as required under days after the device’s initial startup. §§ 60.2125 and 60.2105, you may use a 30- (b) Within 10 operating days fol- day rolling average of the 1-hour arith- lowing an air pollution control device metic average CEMS data, including inspection, all necessary repairs must CEMS data during startup and shut- be completed unless the owner or oper- down as defined in this subpart, to de- ator obtains written approval from the termine compliance with the emission state agency establishing a date where- limitations in Table 1 of this subpart by all necessary repairs of the des- or tables 5 through 8 of this subpart. ignated facility must be completed. You must conduct a performance evaluation of each continuous monitoring CONTINUOUS COMPLIANCE REQUIREMENTS system within 180 days of installation of the monitoring system. The initial § 60.2145 How do I demonstrate con- performance evaluation must be continuous compliance with the emis- ducted prior to collecting CEMS data sion limitations and the operating that will be used for the initial compli- limits? ance demonstration. (a) General compliance with standards, considering some units may be § 60.2140 By what date must I conduct able to switch between solid waste and the initial performance test? non-waste fuel combustion, is specified (a) The initial performance test must in paragraph (a)(1) through (6) of this be conducted within 60 days after your section. CISWI reaches the charge rate at which (1) The emission standards and oper- it will operate, but no later than 180 ating requirements set forth in this days after its initial startup. subpart apply at all times; (b) If you commence or recommence (2) If you cease combusting solid combusting a solid waste at an existing waste, you may opt to remain subject combustion unit at any commercial or to the provisions of this subpart. Con- industrial facility, and you conducted a sistent with the definition of CISWI, test consistent with the provisions of you are subject to the requirements of this subpart while combusting the solid this subpart at least 6 months fol- waste within the 6 months preceding lowing the last date of solid waste com- the reintroduction of that solid waste bustion. Solid waste combustion is in the combustion chamber, you do not ceased when solid waste is not in the need to retest until 6 months from the combustion chamber (i.e., the solid date you reintroduce that solid waste. waste feed to the combustor has been (c) If you commence or recommence cut off for a period of time not less combusting a solid waste at an existing than the solid waste residence time); combustion unit at any commercial or (3) If you cease combusting solid industrial facility and you have not waste, you must be in compliance with conducted a performance test con- any newly applicable standards on the sistent with the provisions of this sub- effective date of the waste-to-fuel part while combusting the solid waste switch. The effective date of the waste- within the 6 months preceding the re- to-fuel switch is a date selected by you, introduction of that solid waste in the that must be at least 6 months from combustion chamber, you must con- the date that you ceased combusting duct a performance test within 60 days solid waste, consistent with from the date you reintroduce that § 60.2145(a)(2). Your source must remain solid waste. in compliance with this subpart until

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the effective date of the waste-to-fuel apply as a result of the cessation or switch; commencement or recommencement of (4) If you own or operate an existing combusting solid waste must be in- commercial or industrial combustion stalled and operational as of the effec- unit that combusted a fuel or non- tive date of the waste-to-fuel, or fuel- waste material, and you commence or to-waste switch. All calibration and recommence combustion of solid waste, drift checks must be performed as of you are subject to the provisions of the effective date of the waste-to-fuel, this subpart as of the first day you in- or fuel-to-waste switch. Relative accu- troduce or reintroduce solid waste to racy tests must be performed as of the the combustion chamber, and this date performance test deadline for PM constitutes the effective date of the CEMS (if PM CEMS are elected to dem- fuel-to-waste switch. You must com- onstrate continuous compliance with plete all initial compliance demonstra- the particulate matter emission lim- tions for any section 112 standards that its). Relative accuracy testing for are applicable to your facility before other CEMS need not be repeated if you commence or recommence combus- that testing was previously performed tion of solid waste. You must provide consistent with Clean Air Act section 30 days prior notice of the effective 112 monitoring requirements or moni- date of the waste-to-fuel switch. The toring requirements under this sub- notification must identify: part. (i) The name of the owner or operator (b) You must conduct an annual per- of the CISWI, the location of the formance test for the pollutants listed source, the emissions unit(s) that will in table 1 of this subpart or tables 5 cease burning solid waste, and the date through 8 of this subpart and opacity of the notice; for each CISWI as required under (ii) The currently applicable sub- § 60.2125. The annual performance test category under this subpart, and any 40 must be conducted using the test meth- CFR part 63 subpart and subcategory ods listed in table 1 of this subpart or that will be applicable after you cease tables 5 through 8 of this subpart and combusting solid waste; the procedures in § 60.2125. Annual per- (iii) The fuel(s), non-waste mate- formance tests are not required if you rial(s) and solid waste(s) the CISWI is use CEMS or continuous opacity moni- currently combusting and has com- toring systems to determine compli- busted over the past 6 months, and the ance. fuel(s) or non-waste materials the unit (c) You must continuously monitor will commence combusting; the operating parameters specified in (iv) The date on which you became § 60.2110 or established under § 60.2115 subject to the currently applicable and as specified in § 60.2170. Use 3-hour emission limits; and block average values to determine (v) The date upon which you will compliance (except for baghouse leak cease combusting solid waste, and the detection system alarms) unless a dif- date (if different) that you intend for ferent averaging period is established any new requirements to become appli- under § 60.2115 or, for energy recovery cable (i.e., the effective date of the units, where the averaging time for waste-to-fuel switch), consistent with each operating parameter is a 30-day paragraphs (a)(2) and (3) of this section. rolling, calculated each hour as the av- (5) All air pollution control equip- erage of the previous 720 operating ment necessary for compliance with hours. Operation above the established any newly applicable emissions limits maximum, below the established min- which apply as a result of the cessation imum, or outside the allowable range or commencement or recommencement of operating limits specified in para- of combusting solid waste must be in- graph (a) of this section constitutes a stalled and operational as of the effec- deviation from your operating limits tive date of the waste-to-fuel, or fuel- established under this subpart, except to-waste switch. during performance tests conducted to (6) All monitoring systems necessary determine compliance with the emis- for compliance with any newly applica- sion and operating limits or to estab- ble monitoring requirements which lish new operating limits. Operating

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limits are confirmed or reestablished (j) For waste-burning kilns, you must during performance tests. conduct an annual performance test for (d) You must burn only the same cadmium, lead, carbon monoxide, types of waste and fuels used to estab- dioxins/furans and hydrogen chloride as lish subcategory applicability (for en- listed in Table 7 of this subpart, unless ergy recovery units) and operating lim- you choose to demonstrate initial and its during the performance test. continuous compliance using CEMS, as (e) For energy recovery units, incin- allowed in paragraph (u) of this sec- erators, and small remote units, you tion. If you do not use an acid gas wet must perform an annual visual emis- scrubber or dry scrubber, you must de- sions test for ash handling. termine compliance with the hydrogen (f) For energy recovery units, you chloride emissions limit using a HCl must conduct an annual performance CEMS according to the requirements in test for opacity (except where particu- paragraph (j)(1) of this section. You late matter CEMS or continuous opac- must determine compliance with the ity monitoring systems are used are mercury emissions limit using a mer- used) and the pollutants listed in table cury CEMS or an integrated sorbent 6 of this subpart. trap monitoring system according to paragraph (j)(2) of this section. You (g) You may elect to demonstrate ini- must determine compliance with nitro- tial and continuous compliance with gen oxides and sulfur dioxide using the carbon monoxide emission limit CEMS. You must determine compli- using a carbon monoxide CEMS, as de- ance with particulate matter using scribed in § 60.2165(o). CPMS. (h) Coal and liquid/gas energy recov- (1) If you monitor compliance with ery units with average annual heat the HCl emissions limit by operating input rates greater than or equal to 250 an HCl CEMS, you must do so in ac- million British thermal units/hour cordance with Performance Specifica- (MMBtu/hr) may elect to demonstrate tion 15 (PS 15) of appendix B to 40 CFR initial and continuous compliance with part 60 or PS 18 of appendix B to 40 the particulate matter emissions limit CFR part 60. You must operate, main- using a particulate matter CEMS ac- tain, and quality assure a HCl CEMS cording to the procedures in § 60.2165(n) installed and certified under PS 15 ac- instead of the PM CPMS specified in cording to the quality assurance re- § 60.2145. Coal and liquid/gas energy requirements in Procedure 1 of appendix covery units with annual average heat F to 40 CFR part 60 except that the input rates less than 250 MMBtu/hr, in- Relative Accuracy Test Audit require- cinerators, and small remote inciner- ments of Procedure 1 must be replaced ators may also elect to demonstrate with the validation requirements and initial and continuous compliance criteria of sections 11.1.1 and 12.0 of PS using a particulate matter CEMS ac- 15. You must operate, maintain and cording to the procedures in § 60.2165(n) quality assure a HCl CEMS installed instead of particulate matter testing and certified under PS 18 according to with EPA Method 5 at 40 CFR part 60, the quality assurance requirements in appendix A–3 and, if applicable, the Procedure 6 of appendix F to 40 CFR continuous opacity monitoring require- part 60. For any performance specifica- ments in paragraph (i) of this section. tion that you use, you must use Meth- (i) For energy recovery units with od 321 of appendix A to 40 CFR part 63 annual average heat input rates great- as the reference test method for con- er than or equal to 10 MMBtu/hr and ducting relative accuracy testing. The less than 250 MMBtu/hr that do not use span value and calibration require- a wet scrubber, fabric filter with bag ments in paragraphs (j)(1)(i) and (ii) of leak detection system, an electrostatic this section apply to all HCl CEMS precipitator, particulate matter CEMS, used under this subpart: or particulate matter CPMS, you must (i) You must use a measurement span install, operate, certify and maintain a value for any HCl CEMS of 0–10 ppmvw continuous opacity monitoring system unless the monitor is installed on a (COMS) according to the procedures in kiln without an inline raw mill. Kilns § 60.2165(m). without an inline raw mill may use a

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higher span value sufficient to quantify dures established in (j)(1)(ii)(D) of this all expected emissions concentrations. section. In this manner values meas- The HCl CEMS data recorder output ured by the HCl CEMS during the range must include the full range of ex- above span linearity challenge exceed- pected HCl concentration values which ing ±20 percent of the certified value of would include those expected during the reference gas must be normalized ‘‘mill off’’ conditions. The cor- using equation 6; responding data recorder range shall be (C) Quality assure any data above the documented in the site-specific moni- span value established in paragraph toring plan and associated records; (j)(1)(i) of this section using the fol- (ii) In order to quality assure data lowing procedure. Any time two con- measured above the span value, you secutive one-hour average measured must use one of the three options in concentration of HCl exceeds the span paragraphs (j)(1)(ii)(A) through (C) of value you must, within 24 hours before this section: or after, introduce a higher, ‘‘above (A) Include a second span that en- span’’ HCl reference gas standard to compasses the HCl emission concentra- the HCl CEMS. The ‘‘above span’’ ref- tions expected to be encountered dur- erence gas must meet the requirements ing ‘‘mill off’’ conditions. This second of the applicable performance speci- span may be rounded to a multiple of 5 fication and target a concentration ppm of total HCl. The requirements of level between 50 and 150 percent of the the appropriate HCl monitor perform- highest expected hourly concentration ance specification shall be followed for measured during the period of measure- this second span with the exception that a RATA with the mill off is not ments above span, and must be intro- required; duced at the probe. While this target (B) Quality assure any data above the represents a desired concentration span value by proving instrument lin- range that is not always achievable in earity beyond the span value estab- practice, it is expected that the intent lished in paragraph (j)(1)(i) of this sec- to meet this range is demonstrated by tion using the following procedure. the value of the reference gas. Ex- Conduct a weekly ‘‘above span lin- pected values may include above span earity’’ calibration challenge of the calibrations done before or after the monitoring system using a reference above-span measurement period. gas with a certified value greater than Record and report the results of this your highest expected hourly con- procedure as you would for a daily cali- centration or greater than 75% of the bration. The ‘‘above span’’ calibration highest measured hourly concentra- is successful if the value measured by tion. The ‘‘above span’’ reference gas the HCl CEMS is within 20 percent of must meet the requirements of the ap- the certified value of the reference gas. plicable performance specification and If the value measured by the HCl CEMS must be introduced to the measure- is not within 20 percent of the certified ment system at the probe. Record and value of the reference gas, then you report the results of this procedure as must normalize the stack gas values you would for a daily calibration. The measured above span as described in ‘‘above span linearity’’ challenge is paragraph (j)(1)(ii)(D) of this section. If successful if the value measured by the the ‘‘above span’’ calibration is con- HCl CEMS falls within 10 percent of the ducted during the period when meas- certified value of the reference gas. If ured emissions are above span and the value measured by the HCl CEMS there is a failure to collect the one during the above span linearity chal- data point in an hour due to the cali- lenge exceeds 10 percent of the certified bration duration, then you must deter- value of the reference gas, the moni- mine the emissions average for that toring system must be evaluated and missed hour as the average of hourly repaired and a new ‘‘above span lin- averages for the hour preceding the earity’’ challenge met before returning missed hour and the hour following the the HCl CEMS to service, or data above missed hour. In an hour where an span from the HCl CEMS must be sub- ‘‘above span’’ calibration is being con- ject to the quality assurance proce- ducted and one or more data points are

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collected, the emissions average is rep- normalize the one-hour average stack resented by the average of all valid gas values measured above the span data points collected in that hour; during the 24-hour period preceding or (D) In the event that the ‘‘above following the ‘‘above span’’ calibration span’’ calibration is not successful (i.e., for reporting based on the HCl CEMS the HCl CEMS measured value is not response to the reference gas as shown within 20 percent of the certified value in equation 6: of the reference gas), then you must

Only one ‘‘above span’’ calibration is fined in this subpart, are not corrected needed per 24-hour period. to 7 percent oxygen, and are measured (2) Compliance with the mercury at stack oxygen content; emissions limit must be determined (ii) Owners or operators using a mer- using a mercury CEMS or integrated cury CEMS or integrated sorbent trap sorbent trap monitoring system ac- monitoring system to determine mass cording to the following requirements: emission rate must install, operate, (i) You must operate a mercury calibrate, and maintain an instrument CEMS system in accordance with per- for continuously measuring and record- formance specification 12A of 40 CFR ing the mercury mass emissions rate to part 60, appendix B or an integrated the atmosphere according to the re- sorbent trap monitoring system in ac- quirements of performance specifica- cordance with performance specification 6 of 40 CFR part 60, appendix B, tion 12B of 40 CFR part 60, appendix B; and conducting an annual relative ac- these monitoring systems must be curacy test of the continuous emission quality assured according to procedure rate monitoring system according to 5 of 40 CFR 60, appendix F. For the pur- section 8.2 of performance specification poses of emissions calculations when 6; and using an integrated sorbent trap moni- (iii) The owner or operator of a toring system, the mercury concentra- waste-burning kiln must demonstrate tion determined for each sampling pe- initial compliance by operating a mer- riod must be assigned to each hour dur- cury CEMS or integrated sorbent trap ing the sampling period. If you choose monitoring system while the raw mill to comply with the production-rate of the in-line kiln/raw mill is operating based mercury limit for your waste- under normal conditions and including burning kiln, you must also monitor at least one period when the raw mill is hourly clinker production and deter- off. mine the hourly mercury emissions (k) If you use an air pollution control rate in pounds per million ton of clink- device to meet the emission limita- er produced. You must demonstrate tions in this subpart, you must conduct compliance with the mercury emis- an initial and annual inspection of the sions limit using a 30-day rolling aver- air pollution control device. The in- age of these 1-hour mercury concentra- spection must include, at a minimum, tions or mass emissions rates, includ- the following: ing CEMS and integerated sorbent trap (1) Inspect air pollution control de- monitoring system data during startup vice(s) for proper operation; and and shutdown as defined in this sub- (2) Develop a site-specific monitoring part, calculated using equation 19–19 in plan according to the requirements in section 12.4.1 of EPA Reference Method paragraph (l) of this section. This re- 19 at 40 CFR part 60, appendix A–7 of quirement also applies to you if you pe- this part. Integerated sorbent trap tition the EPA Administrator for alter- monitoring system and CEMS data native monitoring parameters under during startup and shutdown, as de- § 60.13(i).

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(l) For each continuous monitoring (3) Minimize the effects of swirling system required in this section, you flow or abnormal velocity distributions must develop and submit to the EPA due to upstream and downstream dis- Administrator for approval a site-spe- turbances; and cific monitoring plan according to the (4) Conduct a flow monitoring system requirements of this paragraph (l) that performance evaluation in accordance addresses paragraphs (l)(1)(i) through with your monitoring plan at the time (vi) of this section: of each performance test but no less (1) You must submit this site-specific frequently than annually. monitoring plan at least 60 days before (n) If you have an operating limit your initial performance evaluation of that requires the use of a pressure your continuous monitoring system: monitoring system, you must meet the (i) Installation of the continuous requirements in paragraphs (l) and monitoring system sampling probe or (n)(1) through (6) of this section: other interface at a measurement loca- (1) Install the pressure sensor(s) in a tion relative to each affected process position that provides a representative unit such that the measurement is rep- measurement of the pressure (e.g., PM resentative of control of the exhaust scrubber pressure drop); emissions (e.g., on or downstream of the last control device); (2) Minimize or eliminate pulsating pressure, vibration, and internal and (ii) Performance and equipment spec- external corrosion; ifications for the sample interface, the pollutant concentration or parametric (3) Use a pressure sensor with a min- signal analyzer and the data collection imum tolerance of 1.27 centimeters of and reduction systems. water or a minimum tolerance of 1 per- (iii) Performance evaluation proce- cent of the pressure monitoring system dures and acceptance criteria (e.g., operating range, whichever is less; calibrations); (4) Perform checks at the frequency (iv) Ongoing operation and mainte- outlined in your site-specific moni- nance procedures in accordance with toring plan to ensure pressure meas- the general requirements of § 60.11(d); urements are not obstructed (e.g., (v) Ongoing data quality assurance check for pressure tap plugging daily); procedures in accordance with the gen- (5) Conduct a performance evaluation eral requirements of § 60.13; and of the pressure monitoring system in (vi) Ongoing recordkeeping and re- accordance with your monitoring plan porting procedures in accordance with at the time of each performance test the general requirements of § 60.7(b), (c) but no less frequently than annually; introductory text, (c)(1) and (4), and (d) and through (g). (6) If at any time the measured pres- (2) You must conduct a performance sure exceeds the manufacturer’s speci- evaluation of each continuous moni- fied maximum operating pressure toring system in accordance with your range, conduct a performance evalua- site-specific monitoring plan. tion of the pressure monitoring system (3) You must operate and maintain in accordance with your monitoring the continuous monitoring system in plan and confirm that the pressure continuous operation according to the monitoring system continues to meet site-specific monitoring plan. the performance requirements in your (m) If you have an operating limit monitoring plan. Alternatively, install that requires the use of a flow moni- and verify the operation of a new pres- toring system, you must meet the re- sure sensor. quirements in paragraphs (l) and (m)(1) (o) If you have an operating limit through (4) of this section: that requires a pH monitoring system, (1) Install the flow sensor and other you must meet the requirements in necessary equipment in a position that paragraphs (l) and (o)(1) through (4) of provides a representative flow; this section: (2) Use a flow sensor with a measure- (1) Install the pH sensor in a position ment sensitivity at full scale of no that provides a representative meas- greater than 2 percent; urement of scrubber effluent pH;

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(2) Ensure the sample is properly (1) Install a bag leak detection sen- mixed and representative of the fluid sor(s) in a position(s) that will be rep- to be measured; resentative of the relative or absolute (3) Conduct a performance evaluation particulate matter loadings for each of the pH monitoring system in accord- exhaust stack, roof vent, or compart- ance with your monitoring plan at ment (e.g., for a positive pressure fabric least once each process operating day; filter) of the fabric filter; and (2) Use a bag leak detection system (4) Conduct a performance evaluation certified by the manufacturer to be ca- (including a two-point calibration with pable of detecting particulate matter one of the two buffer solutions having emissions at concentrations of 10 milli- a pH within 1 of the pH of the oper- grams per actual cubic meter or less; ating limit) of the pH monitoring sys- (3) Conduct a performance evaluation tem in accordance with your moni- of the bag leak detection system in ac- toring plan at the time of each per- cordance with your monitoring plan formance test but no less frequently and consistent with the guidance pro- than quarterly. vided in EPA–454/R–98–015 (incor- (p) If you have an operating limit porated by reference, see § 60.17); that requires a secondary electric (4) Use a bag leak detection system power monitoring system for an elec- equipped with a device to continuously trostatic precipitator, you must meet record the output signal from the sen- the requirements in paragraphs (l) and sor; and (p)(1) and (2) of this section: (5) Use a bag leak detection system (1) Install sensors to measure (sec- equipped with a system that will sound ondary) voltage and current to the pre- an alarm when an increase in relative cipitator collection plates; and particulate matter emissions over a (2) Conduct a performance evaluation preset level is detected. The alarm of the electric power monitoring sys- must be located where it is observed tem in accordance with your moni- readily by plant operating personnel. toring plan at the time of each per- (s) For facilities using a CEMS to formance test but no less frequently demonstrate initial and continuous than annually. compliance with the sulfur dioxide (q) If you have an operating limit emission limit, compliance with the that requires the use of a monitoring sulfur dioxide emission limit may be system to measure sorbent injection demonstrated by using the CEMS spec- rate (e.g., weigh belt, weigh hopper, or ified in § 60.2165(l) to measure sulfur di- hopper flow measurement device), you oxide. The sulfur dioxide CEMS must must meet the requirements in para- follow the procedures and methods graphs (l) and (q)(1) and (2) of this sec- specified in paragraph (s) of this section: tion. For sources that have actual inlet (1) Install the system in a position(s) emissions less than 100 parts per mil- that provides a representative meas- lion dry volume, the relative accuracy urement of the total sorbent injection criterion for inlet sulfur dioxide CEMS rate; and should be no greater than 20 percent of (2) Conduct a performance evaluation the mean value of the reference meth- of the sorbent injection rate moni- od test data in terms of the units of the toring system in accordance with your emission standard, or 5 parts per mil- monitoring plan at the time of each lion dry volume absolute value of the performance test but no less frequently mean difference between the reference than annually. method and the CEMS, whichever is (r) If you elect to use a fabric filter greater: bag leak detection system to comply (1) During each relative accuracy test with the requirements of this subpart, run of the CEMS required by perform- you must install, calibrate, maintain, ance specification 2 in appendix B of and continuously operate a bag leak this part, collect sulfur dioxide and ox- detection system as specified in para- ygen (or carbon dioxide) data concur- graphs (l) and (r)(1) through (5) of this rently (or within a 30- to 60-minute pe- section: riod) with both the CEMS and the test

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methods specified in paragraphs hourly potential nitrogen oxide emis- (s)(1)(i) and (ii) of this section: sions of the unit. (i) For sulfur dioxide, EPA Reference (3) Conduct accuracy determinations Method 6 or 6C, or as an alternative quarterly and calibration drift tests ANSI/ASME PTC 19.10–1981 (incor- daily in accordance with procedure 1 in porated by reference, see § 60.17) must appendix F of this part. be used; and (4) The owner or operator of an af- (ii) For oxygen (or carbon dioxide), fected facility may request that com- EPA Reference Method 3A or 3B, or as pliance with the nitrogen oxides emis- an alternative ANSI/ASME PTC 19.10– sion limit be determined using carbon 1981 (incorporated by reference, see dioxide measurements corrected to an § 60.17), must be used. equivalent of 7 percent oxygen. If car- (2) The span value of the CEMS at bon dioxide is selected for use in dil- the inlet to the sulfur dioxide control uent corrections, the relationship be- device must be 125 percent of the maximum estimated hourly potential sul- tween oxygen and carbon dioxide levels fur dioxide emissions of the unit sub- must be established during the initial ject to this subpart. The span value of performance test according to the pro- the CEMS at the outlet of the sulfur di- cedures and methods specified in para- oxide control device must be 50 percent graphs (t)(4)(i) through (iv) of this sec- of the maximum estimated hourly po- tion. This relationship may be re-es- tential sulfur dioxide emissions of the tablished during performance compli- unit subject to this subpart. ance tests: (3) Conduct accuracy determinations (i) The fuel factor equation in Meth- quarterly and calibration drift tests od 3B must be used to determine the daily in accordance with procedure 1 in relationship between oxygen and car- appendix F of this part. bon dioxide at a sampling location. (t) For facilities using a CEMS to Method 3A or 3B, or as an alternative demonstrate initial and continuous ANSI/ASME PTC 19.10–1981 (incor- compliance with the nitrogen oxides porated by reference, see § 60.17), as ap- emission limit, compliance with the ni- plicable, must be used to determine the trogen oxides emission limit may be oxygen concentration at the same loca- demonstrated by using the CEMS spection as the carbon dioxide monitor; ified in § 60.2165 to measure nitrogen (ii) Samples must be taken for at oxides. The nitrogen oxides CEMS least 30 minutes in each hour; must follow the procedures and meth- (iii) Each sample must represent a 1- ods specified in paragraphs (t)(1) hour average; and through (4) of this section: (iv) A minimum of three runs must (1) During each relative accuracy test be performed. run of the CEMS required by perform- (u) For facilities using a CEMS or an ance specification 2 of appendix B of this part, collect nitrogen oxides and integrated sorbent trap monitoring oxygen (or carbon dioxide) data concur- system for mercury to demonstrate ini- rently (or within a 30- to 60-minute pe- tial and continuouscompliance with riod) with both the CEMS and the test any of the emission limits of this sub- methods specified in paragraphs part, you must complete the following: (t)(1)(i) and (ii) of this section: (1) Demonstrate compliance with the (i) For nitrogen oxides, EPA Ref- appropriate emission limit(s) using a erence Method 7 or 7E at 40 CFR part 30-day rolling average of 1-hour arith- 60, appendix A–4 must be used; and metic average emission concentra- (ii) For oxygen (or carbon dioxide), tions, including CEMS or integrated EPA Reference Method 3A or 3B at 40 sorbent trap monitoring systems data CFR part 60, appendix A–3, or as an al- during startup and shutdown as defined ternative ANSI/ASME PTC 19–10.1981 in this subpart, calculated using equa- (incorporated by reference, see § 60.17), tion 19–19 in section 12.4.1 of EPA Ref- as applicable, must be used. erence Method 19 at appendix A–7 of (2) The span value of the continuous this part. The 1-hour arithmetic aver- emission monitoring system must be ages for CEMS must be calculated 125 percent of the maximum estimated using the data points required under

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§ 60.13(e)(2). Except for CEMS or inte- to use PM CPMS operated in accord- grated sorbent trap monitoring sys- ance with this section. PM CPMS are tems data during startup and shut- suitable in lieu of using other CMS for down, the 1-hour arithmetic averages monitoring PM compliance (e.g., bag used to calculate the 30-day rolling av- leak detectors, ESP secondary power, erage emission concentrations must be PM scrubber pressure): corrected to 7 percent oxygen (dry (1) Install, calibrate, operate, and basis). Integrated sorbent trap moni- maintain your PM CPMS according to toring systems or CEMS data during the procedures in your approved site- startup and shutdown, as defined in the specific monitoring plan developed in subpart, are not corrected to 7 percent accordance with paragraphs (l) and oxygen, and are measured at stack oxy- (x)(1)(i) through (iii) of this section: gen content; and (i) The operating principle of the PM (2) Operate all CEMS and integrated CPMS must be based on in-stack or ex- sorbent trap monitoring systems in ac- tractive light scatter, light scintilla- cordance with the applicable proce- tion, beta attenuation, or mass accu- dures under appendices B and F of this mulation detection of the exhaust gas part. or representative sample. The report- (v) Use of the bypass stack at any able measurement output from the PM time is an emissions standards devi- CPMS must be expressed as milliamps ation for PM, HCl, lead, cadmium, mer- or the digital signal equivalent; cury, nitrogen oxides, sulfur dioxide, (ii) The PM CPMS must have a cycle and dioxin/furans. time (i.e., period required to complete (w) For energy recovery units with a sampling, measurement, and reporting design heat input capacity of 100 for each measurement) no longer than MMBtu/hr or greater that do not use a 60 minutes; and carbon monoxide CEMS, you must install, operate, and maintain a oxygen (iii) The PM CPMS must be capable analyzer system as defined in § 60.2265 of detecting and responding to particu- according to the procedures in para- late matter concentrations increments graphs (w)(1) through (4) of this sec- no greater than 0.5 mg/actual cubic tion: meter. (1) The oxygen analyzer system must (2) During the initial performance be installed by the initial performance test or any such subsequent perform- test date specified in § 60.2140; ance test that demonstrates compli- (2) You must operate the oxygen trim ance with the PM limit, you must ad- system within compliance with para- just the site-specific operating limit in graph (w)(3) of this section at all times; accordance with the results of the per- (3) You must maintain the oxygen formance test according to the proce- level such that the 30-day rolling aver- dures specified in § 60.2110. age that is established as the operating (3) Collect PM CPMS hourly average limit for oxygen is not below the low- output data for all energy recovery est hourly average oxygen concentra- unit or waste-burning kiln operating tion measured during the most recent hours. Express the PM CPMS output as CO performance test; and milliamps. (4) You must calculate and record a (4) Calculate the arithmetic 30-day 30-day rolling average oxygen con- rolling average of all of the hourly av- centration using equation 19–19 in sec- erage PM CPMS output collected dur- tion 12.4.1 of EPA Reference Method 19 ing all energy recovery unit or waste- of appendix A–7 of this part. burning kiln operating hours data (x) For energy recovery units with (milliamps or their digital equivalent). annual average heat input rates great- (5) You must collect data using the er than or equal to 250 MMBtu/hr and PM CPMS at all times the energy re- waste-burning kilns, you must install, covery unit or waste-burning kiln is calibrate, maintain, and operate a PM operating and at the intervals specified CPMS and record the output of the sys- in paragraph (x)(1)(ii) of this section, tem as specified in paragraphs (x)(1) except for periods of monitoring sys- through (8) of this section. For other tem malfunctions, repairs associated energy recovery units, you may elect with monitoring system malfunctions,

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required monitoring system quality as- tions necessary to return the PM surance or quality control activities CPMS to operation consistent with (including, as applicable, calibration your site-specific monitoring plan. checks and required zero and span ad- (8) For any deviation of the 30-day justments), and any scheduled mainte- rolling average PM CPMS average nance as defined in your site-specific value from the established operating monitoring plan. parameter limit, you must: (6) You must use all the data col- (i) Within 48 hours of the deviation, lected during all energy recovery unit visually inspect the air pollution con- or waste-burning kiln operating hours trol device; in assessing the compliance with your (ii) If inspection of the air pollution operating limit except: control device identifies the cause of (i) Any data collected during moni- the deviation, take corrective action as toring system malfunctions, repairs as- soon as possible and return the PM sociated with monitoring system mal- CPMS measurement to within the es- functions, or required monitoring sys- tablished value; tem quality assurance or quality con- (iii) Within 30 days of the deviation trol activities conducted during moni- or at the time of the annual compli- toring system malfunctions are not ance test, whichever comes first, con- used in calculations (report any such duct a PM emissions compliance test periods in your annual deviation re- to determine compliance with the PM port); (ii) Any data collected during periods emissions limit. Within 45 days of the when the monitoring system is out of deviation, you must re-establish the control as specified in your site-spe- CPMS operating limit. You are not re- cific monitoring plan, repairs associ- quired to conduct additional testing for ated with periods when the monitoring any deviations that occur between the system is out of control, or required time of the original deviation and the monitoring system quality assurance PM emissions compliance test required or quality control activities conducted under paragraph (x) of this section; and during out-of-control periods are not (iv) PM CPMS deviations leading to used in calculations (report emissions more than four required performance or operating levels and report any such tests in a 12-month process operating periods in your annual deviation re- period (rolling monthly) constitute a port); violation of this subpart. (iii) Any PM CPMS data recorded (y) When there is an alkali bypass during periods of CEMS data during and/or an in-line coal mill that exhaust startup and shutdown, as defined in emissions through a separate stack(s), this subpart. the combined emissions are subject to (7) You must record and make avail- the emission limits applicable to able upon request results of PM CPMS waste-burning kilns. To determine the system performance audits, as well as kiln-specific emission limit for dem- the dates and duration of periods from onstrating compliance, you must: when the PM CPMS is out of control (1) Calculate a kiln-specific emission until completion of the corrective ac- limit using equation 7:

Where: Qcm = In-line coal mill flow rate (volume/hr)

Cks = Kiln stack concentration (ppmvd, mg/ Ccm = In-line coal mill concentration (ppmvd, dscm, ng/dscm, depending on pollutant. mg/dscm, ng/dscm, depending on pollut- Each corrected to 7% O2.) ant. Each corrected to 7% O2.) Qab = Alkali bypass flow rate (volume/hr) Qks = Kiln stack flow rate (volume/hr) Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, depending on pollut- (2) Particulate matter concentration ant. Each corrected to 7% O2.) must be measured downstream of the 364

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in-line coal mill. All other pollutant tests for the pollutant for at least 2 concentrations must be measured ei- consecutive performance tests dem- ther upstream or downstream of the in- onstrates that the emission level for line coal mill; and the pollutant is no greater than the (3) For purposes of determining the emission level specified in paragraph combined emissions from kilns (a)(3)(i) or (ii) of this section, as appli- equipped with an alkali bypass or that cable; there are no changes in the oper- exhaust kiln gases to a coal mill that ation of the affected source or air pol- exhausts through a separate stack, in- lution control equipment that could instead of installing a CEMS or PM crease emissions; and you are not re- CPMS on the alkali bypass stack or in- quired to conduct a performance test line coal mill stack, the results of the for the pollutant in response to a re- initial and subsequent performance quest by the Administrator in para- test can be used to demonstrate com- graph (a)(1) of this section or a process pliance with the relevant emissions change in paragraph (a)(2) of this sec- limit. A performance test must be con- tion. In this case, you do not have to ducted on an annual basis (between 11 conduct a performance test for that and 13 calendar months following the pollutant for the next 2 years. You previous performance test). must conduct a performance test for the pollutant no more than 37 months § 60.2150 By what date must I conduct following the previous performance the annual performance test? test for the pollutant. If the emission You must conduct annual perform- level for your CISWI continues to meet ance tests between 11 and 13 months of the emission level specified in para- the previous performance test. graph (a)(3)(i) or (ii) of this section, as applicable, you may choose to conduct § 60.2151 By what date must I conduct performance tests for the pollutant the annual air pollution control de- every third year, as long as there are vice inspection? no changes in the operation of the af- On an annual basis (no more than 12 fected source or air pollution control months following the previous annual equipment that could increase emis- air pollution control device inspec- sions. Each such performance test tion), you must complete the air pollu- must be conducted no more than 37 tion control device inspection as de- months after the previous performance scribed in § 60.2141. test. (i) For particulate matter, hydrogen § 60.2155 May I conduct performance chloride, mercury, nitrogen oxides, sul- testing less often? fur dioxide, cadmium, lead and dioxins/ (a) You must conduct annual per- furans, the emission level equal to 75 formance tests according to the sched- percent of the applicable emission ule specified in § 60.2150, with the fol- limit in table 1 or tables 5 through 8 of lowing exceptions: this subpart, as applicable; and (1) You may conduct a repeat per- (ii) For fugitive emissions, visible formance test at any time to establish emissions (of combustion ash from the new values for the operating limits, as ash conveying system) for 2 percent of specified in § 60.2160. New operating the time during each of the three 1- limits become effective on the date hour observations periods. that the performance test report is (4) If you are conducting less fre- submitted to the EPA’s Central Data quent testing for a pollutant as pro- Exchange or postmarked, per the re- vided in paragraph (a)(3) of this section quirements of § 60.2235(b). The Adminis- and a subsequent performance test for trator may request a repeat perform- the pollutant indicates that your ance test at any time; CISWI does not meet the emission level (2) You must repeat the performance specified in paragraph (a)(3)(i) or (ii) of test within 60 days of a process change, this section, as applicable, you must as defined in § 60.2265; conduct annual performance tests for (3) You can conduct performance the pollutant according to the schedule tests less often if you meet the fol- specified in paragraph (a) of this sec- lowing conditions: your performance tion until you qualify for less frequent

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testing for the pollutant as specified in (4) The bag leak detection system paragraph (a)(3) of this section. sensor must provide output of relative (b) [Reserved] or absolute particulate matter loadings; § 60.2160 May I conduct a repeat per- (5) The bag leak detection system formance test to establish new op- must be equipped with a device to con- erating limits? tinuously record the output signal (a) Yes. You may conduct a repeat from the sensor; performance test at any time to estab- (6) The bag leak detection system lish new values for the operating lim- must be equipped with an alarm sys- its. The Administrator may request a tem that will alert automatically an repeat performance test at any time. operator when an increase in relative (b) You must repeat the performance particulate matter emissions over a test if your feed stream is different preset level is detected. The alarm than the feed streams used during any must be located where it is observed performance test used to demonstrate easily by plant operating personnel; compliance. (7) For positive pressure fabric filter systems, a bag leak detection system MONITORING must be installed in each baghouse § 60.2165 What monitoring equipment compartment or cell. For negative must I install and what parameters pressure or induced air fabric filters, must I monitor? the bag leak detector must be installed (a) If you are using a wet scrubber to downstream of the fabric filter; and comply with the emission limitation (8) Where multiple detectors are re- under § 60.2105, you must install, cali- quired, the system’s instrumentation brate (to manufacturers’ specifica- and alarm may be shared among detec- tions), maintain, and operate devices tors. (or establish methods) for monitoring (c) If you are using something other the value of the operating parameters than a wet scrubber, activated carbon, used to determine compliance with the selective non-catalytic reduction, an operating limits listed in table 2 of this electrostatic precipitator, or a dry subpart. These devices (or methods) scrubber to comply with the emission must measure and record the values for limitations under § 60.2105, you must these operating parameters at the fre- install, calibrate (to the manufactur- quencies indicated in table 2 of this ers’ specifications), maintain, and op- subpart at all times except as specified erate the equipment necessary to mon- in § 60.2170(a). itor compliance with the site-specific (b) If you use a fabric filter to comply operating limits established using the with the requirements of this subpart procedures in § 60.2115. and you do not use a PM CPMS or PM (d) If you use activated carbon injec- CEMS for monitoring PM compliance, tion to comply with the emission limi- you must install, calibrate, maintain, tations in this subpart, you must meas- and continuously operate a bag leak ure the minimum mercury sorbent flow detection system as specified in para- rate once per hour. graphs (b)(1) through (8) of this section: (e) If you use selective noncatalytic (1) You must install and operate a reduction to comply with the emission bag leak detection system for each ex- limitations, you must complete the fol- haust stack of the fabric filter; lowing: (2) Each bag leak detection system (1) Following the date on which the must be installed, operated, calibrated, initial performance test is completed and maintained in a manner consistent or is required to be completed under with the manufacturer’s written speci- § 60.2125, whichever date comes first, fications and recommendations; ensure that the affected facility does (3) The bag leak detection system not operate above the maximum charge must be certified by the manufacturer rate, or below the minimum secondary to be capable of detecting particulate chamber temperature (if applicable to matter emissions at concentrations of your CISWI) or the minimum reagent 10 milligrams per actual cubic meter or flow rate measured as 3-hour block less; averages at all times; and

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(2) Operation of the affected facility You must record the output of the sys- above the maximum charge rate, below tem and analyze the sample according the minimum secondary chamber tem- to EPA Method 23 at 40 CFR part 60, perature and below the minimum rea- appendix A–7 of this part. This option gent flow rate simultaneously con- to use a continuous automated sam- stitute a violation of the nitrogen ox- pling system takes effect on the date a ides emissions limit. final performance specification appli- (f) If you use an electrostatic precipi- cable to dioxin/furan from continuous tator to comply with the emission lim- monitors is published in the FEDERAL its of this subpart and you do not use REGISTER. The owner or operator who a PM CPMS for monitoring PM compli- elects to continuously sample dioxin/ ance, you must monitor the secondary furan emissions instead of sampling power to the electrostatic precipitator and testing using EPA Method 23 at 40 collection plates and maintain the 3- CFR part 60, appendix A–7 must install, hour block averages at or above the op- calibrate, maintain, and operate a con- erating limits established during the tinuous automated sampling system mercury or particulate matter per- and must comply with the require- formance test. ments specified in § 60.58b(p) and (q). A (g) For waste-burning kilns not facility may substitute continuous equipped with a wet scrubber or dry dioxin/furan monitoring for the min- scrubber, you must install, calibrate, imum sorbent flow rate, if activated maintain, and operate a CEMS for carbon sorbent injection is used solely monitoring hydrogen chloride emis- for compliance with the dioxin/furan sions discharged to the atmosphere, as emission limit. specified in § 60.2145(j), and record the (j) To demonstrate initial and contin- output of the system. You may sub- uous compliance with the mercury stitute use of a HCl CEMS for con- emissions limit, a facility may sub- ducting the HCl initial and annual stitute use of a mercury CEMS or an testing with EPA Method 321 at 40 CFR integrated sorbent trap monitoring part 63, appendix A. For units other system for the mercury initial and an- than waste-burning kilns not equipped nual performance test. The owner or with a wet scrubber or dry scrubber, a operator who elects to continuously facility may substitute use of a hydro- measure mercury emissions instead of gen chloride CEMS for conducting the sampling and testing using EPA Ref- hydrogen chloride initial and annual erence Method 29 or 30B at 40 CFR part performance test. For units equipped 60, appendix A–8, ASTM D6784–02 (Re- with a hydrogen chloride CEMS, you approved 2008) (incorporated by ref- are not required to monitor the min- erence, see § 60.17), or an approved al- imum hydrogen chloride sorbent flow ternative method for measuring mer- rate, the minimum scrubber liquor pH, cury emissions, must install, calibrate, or the monitoring minimum injection maintain, and operate the mercury rate. CEMS or integrated sorbent trap moni- (h) To demonstrate compliance with toring system and must comply with the particulate matter emissions limit, performance specification 12A or per- a facility may substitute use of a par- formance specification 12B, respec- ticulate matter CEMS for conducting tively, and quality assurance procedure the PM initial and annual performance 5. For the purposes of emissions cal- test. For units equipped with a particu- culations when using an integrated sor- late matter CEMS, you are not re- bent trap monitoring system, the mer- quired to use other CMS for monitoring cury concentration determined for PM compliance (e.g., bag leak detec- each sampling period must be assigned tors, ESP secondary power, PM scrub- to each hour during the sampling pe- ber pressure). riod. Waste-burning kilns must install, (i) To demonstrate initial and contin- calibrate, maintain, and operate a mer- uous compliance with the dioxin/furan cury CEMS or an integrated sorbent emissions limit, a facility may sub- trap monitoring system as specified in stitute use of a continuous automated § 60.2145(j). For units equipped with a sampling system for the dioxin/furan mercury CEMS or an integrated sor- initial and annual performance tests. bent trap monitoring system, you are

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not required to monitor the minimum concentrations using CEMS outlet sorbent flow rate, if activated carbon data, as outlined in § 60.2145(u). sorbent injection is used solely for (m) For energy recovery units over 10 compliance with the mercury emission MMBtu/hr but less than 250 MMBtu/hr limit. annual average heat input rates that (k) To demonstrate initial and con- do not use a wet scrubber, fabric filter tinuous compliance with the nitrogen with bag leak detection system, an oxides emissions limit, a facility may electrostatic precipitator, particulate substitute use of a CEMS for the nitro- matter CEMS, or particulate matter gen oxides initial and annual perform- CPMS you must install, operate, cer- ance test to demonstrate compliance tify, and maintain a continuous opac- with the nitrogen oxides emissions lim- ity monitoring system according to the its. For units equipped with a nitrogen procedures in paragraphs (m)(1) oxides CEMS, you are not required to through (5) of this section by the com- monitor the charge rate, secondary pliance date specified in § 60.2105. En- chamber temperature, and reagent flow ergy recovery units that use a CEMS to for selective noncatalytic reduction, if demonstrate initial and continuing applicable: compliance according to the proce- (1) Install, calibrate, maintain, and dures in § 60.2165(n) are not required to operate a CEMS for measuring nitro- install a continuous opacity moni- gen oxides emissions discharged to the toring system and must perform the atmosphere and record the output of annual performance tests for the opac- the system. The requirements under ity consistent with § 60.2145(f): performance specification 2 of appendix (1) Install, operate, and maintain B of this part, the quality assurance each continuous opacity monitoring procedure 1 of appendix F of this part system according to performance speci- and the procedures under § 60.13 must fication 1 of 40 CFR part 60, appendix B; be followed for installation, evalua- (2) Conduct a performance evaluation tion, and operation of the CEMS; and of each continuous opacity monitoring (2) Compliance with the emission system according to the requirements limit for nitrogen oxides must be deter- in § 60.13 and according to PS–1 of 40 mined based on the 30-day rolling aver- CFR part 60, appendix B; age of the hourly emission concentra- (3) As specified in § 60.13(e)(1), each tions using CEMS outlet data, as out- continuous opacity monitoring system lined in § 60.2145(u). must complete a minimum of one cycle (l) To demonstrate initial and contin- of sampling and analyzing for each suc- uous compliance with the sulfur diox- cessive 10-second period and one cycle ide emissions limit, a facility may sub- of data recording for each successive 6- stitute use of a CEMS for the sulfur di- minute period; oxide initial and annual performance (4) Reduce the continuous opacity test to demonstrate compliance with monitoring system data as specified in the sulfur dioxide emissions limits: § 60.13(h)(1); and (1) Install, calibrate, maintain, and (5) Determine and record all the 6- operate a CEMS for measuring sulfur minute averages (and 1-hour block dioxide emissions discharged to the at- averages as applicable) collected. mosphere and record the output of the (n) For coal and liquid/gas energy re- system. The requirements under per- covery units, incinerators, and small formance specification 2 of appendix B remote incinerators, an owner or oper- of this part, the quality assurance re- ator may elect to install, calibrate, quirements of procedure one of appen- maintain, and operate a CEMS for dix F of this part and procedures under monitoring particulate matter emis- § 60.13 must be followed for installation, sions discharged to the atmosphere and evaluation, and operation of the CEMS; record the output of the system. The and owner or operator of an affected facil- (2) Compliance with the sulfur diox- ity who continuously monitors particu- ide emission limit shall be determined late matter emissions instead of con- based on the 30-day rolling average of ducting performance testing using EPA the hourly arithmetic average emission Method 5 at 40 CFR part 60, appendix

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A–3 or monitoring with a particulate ing average calculated using equation matter CPMS according to paragraph 19–19 in section 12.4.1 of EPA Reference (r) of this section, must install, cali- Method 19 at 40 CFR part 60, appendix brate, maintain, and operate a PM A–7 from the 1-hour arithmetic average CEMS and must comply with the re- CEMS outlet data; quirements specified in paragraphs (6) At a minimum, valid continuous (n)(1) through (10) of this section: monitoring system hourly averages (1) The PM CEMS must be installed, must be obtained as specified in evaluated, and operated in accordance § 60.2170(e); with the requirements of performance (7) The 1-hour arithmetic averages specification 11 of appendix B of this required under paragraph (n)(5) of this part and quality assurance require- section must be expressed in milli- ments of procedure 2 of appendix F of grams per dry standard cubic meter this part and § 60.13. Use Method 5 or corrected to 7 percent oxygen (dry Method 5I of appendix A of this part for basis) and must be used to calculate the PM CEMS correlation testing; the 30-day rolling average emission (2) The initial performance evalua- concentrations. CEMS data during tion must be completed no later than startup and shutdown, as defined in 180 days after the date of initial start- this subpart, are not corrected to 7 per- up of the affected facility, as specified cent oxygen, and are measured at stack under § 60.2125 or within 180 days of no- oxygen content. The 1-hour arithmetic tification to the Administrator of use averages must be calculated using the of the continuous monitoring system if data points required under § 60.13(e)(2); the owner or operator was previously (8) All valid CEMS data must be used determining compliance by Method 5 in calculating average emission con- performance tests, whichever is later; centrations even if the minimum (3) The owner or operator of an af- CEMS data requirements of paragraph fected facility may request that com- (n)(6) of this section are not met. pliance with the particulate matter (9) The CEMS must be operated ac- emission limit be determined using cording to performance specification 11 carbon dioxide measurements cor- in appendix B of this part; and, rected to an equivalent of 7 percent ox- (10) Quarterly and yearly accuracy ygen. The relationship between oxygen audits and daily drift, system optics, and carbon dioxide levels for the af- and sample volume checks must be per- fected facility must be established ac- formed in accordance with procedure 2 cording to the procedures and methods in appendix F of this part. specified in § 60.2145(t)(4)(i) through (o) To demonstrate initial and con- (iv); tinuous compliance with the carbon (4) The owner or operator of an af- monoxide emissions limit, you may fected facility must conduct an initial substitute use of a CEMS for the car- performance test for particulate mat- bon monoxide initial and annual per- ter emissions. If PM CEMS are elected formance test: for demonstrating compliance, and the (1) Install, calibrate, maintain, and initial performance test has not yet operate a CEMS for measuring carbon been conducted, then initial compli- monoxide emissions discharged to the ance must be determined by using the atmosphere and record the output of CEMS specified in paragraph (n) of this the system. The requirements under section to measure particulate matter. performance specification 4A or 4B of You must calculate a 30-day rolling av- appendix B of this part, the quality as- erage of 1-hour arithmetic average surance procedure 1 of appendix F of emission concentrations, including this part and the procedures under CEMS data during startup and shut- § 60.13 must be followed for installation, down, as defined in this subpart, using evaluation, and operation of the CEMS; equation 19–19 in section 12.4.1 of EPA and Reference Method 19 at 40 CFR part 60, (2) Compliance with the carbon mon- appendix A–7; oxide emission limit shall be deter- (5) Continuous compliance with the mined based on the 30-day rolling aver- particulate matter emission limit must age of the hourly arithmetic average be determined based on the 30-day roll- emission concentrations, including

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CEMS data during startup and shut- (1) Install, calibrate, operate, and down as defined in this subpart, using maintain your PM CPMS according to CEMS outlet data, as outlined in the procedures in your approved site- § 60.2145(u). specific monitoring plan developed in (p) The owner/operator of an affected accordance with § 60.2145(l) and para- source with a bypass stack shall in- graphs (r)(1)(i) through (iii) of this sec- stall, calibrate (to manufacturers’ tion: specifications), maintain, and operate (i) The operating principle of the PM a device or method for measuring the CPMS must be based on in-stack or ex- use of the bypass stack including date, tractive light scatter, light scintilla- time and duration. tion, beta attenuation, or mass accu- (q) For energy recovery units with a mulation detection of PM in the ex- design heat input capacity of 100 haust gas or representative sample. MMBtu/hr or greater that do not use a The reportable measurement output carbon monoxide CEMS, you must in- from the PM CPMS must be expressed stall, operate, and maintain a oxygen as milliamps or a digital signal equiva- analyzer system as defined in § 60.2265 lent; according to the procedures in para- (ii) The PM CPMS must have a cycle graphs (q)(1) through (4) of this section: time (i.e., period required to complete (1) The oxygen analyzer system must sampling, measurement, and reporting be installed by the initial performance for each measurement) no longer than test date specified in § 60.2140; 60 minutes; and (2) You must operate the oxygen trim (iii) The PM CPMS must be capable system within compliance with para- of detecting and responding to particu- graph (q)(3) of this section at all times; late matter concentration increments (3) You must maintain the oxygen no greater than 0.5 mg/actual cubic level such that the 30-day rolling aver- meter. age that is established as the operating (2) During the initial performance limit for oxygen according to para- test or any such subsequent perform- graph (q)(4) of this section is not below ance test that demonstrates compli- the lowest hourly average oxygen con- ance with the PM limit, you must ad- centration measured during the most just the site-specific operating limit in recent CO performance test; and accordance with the results of the per- (4) You must calculate and record a formance test according to the proce- 30-day rolling average oxygen con- dures specified in § 60.2110. centration using equation 19–19 in sec- (3) Collect PM CPMS hourly average tion 12.4.1 of EPA Reference Method 19 output data for all energy recovery of appendix A–7 of this part. unit or waste-burning kiln operating (r) For energy recovery units with hours. Express the PM CPMS output as annual average heat input rates great- milliamps or the digital signal equiva- er than or equal to 250 MMBtu/hr and lent. waste-burning kilns, you must install, (4) Calculate the arithmetic 30-day calibrate, maintain, and operate a PM rolling average of all of the hourly av- CPMS and record the output of the sys- erage PM CPMS output collected dur- tem as specified in paragraphs (r)(1) ing all energy recovery unit or waste- through (8) of this section. If you elect burning kiln operating hours data to use a particulate matter CEMS as (milliamps or digital bits). specified in paragraph (n) of this sec- (5) You must collect data using the tion, you are not required to use a PM PM CPMS at all times the energy re- CPMS to monitor particulate matter covery unit or waste-burning kiln is emissions. For other energy recovery operating and at the intervals specified units, you may elect to use PM CPMS in paragraph (r)(1)(ii) of this section, operated in accordance with this sec- except for periods of monitoring sys- tion. PM CPMS are suitable in lieu of tem malfunctions, repairs associated using other CMS for monitoring PM with monitoring system malfunctions, compliance (e.g., bag leak detectors, required monitoring system quality as- ESP secondary power, PM scrubber surance or quality control activities pressure): (including, as applicable, calibration

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checks and required zero and span ad- (iii) Within 30 days of the deviation justments), and any scheduled mainte- or at the time of the annual compli- nance as defined in your site-specific ance test, whichever comes first, con- monitoring plan. duct a PM emissions compliance test (6) You must use all the data col- to determine compliance with the PM lected during all energy recovery unit emissions limit and to verify the oper- or waste-burning kiln operating hours ation of the emissions control de- in assessing the compliance with your vice(s). Within 45 days of the deviation, operating limit except: you must re-establish the CPMS oper- (i) Any data collected during moni- ating limit. You are not required to toring system malfunctions, repairs as- conduct additional testing for any de- sociated with monitoring system mal- viations that occur between the time of functions, or required monitoring sys- the original deviation and the PM tem quality assurance or quality con- emissions compliance test required trol activities conducted during moni- under this paragraph; and toring system malfunctions are not (iv) PM CPMS deviations leading to used in calculations (report any such more than four required performance periods in your annual deviation re- tests in a 12-month process operating port); period (rolling monthly) constitute a (ii) Any data collected during periods violation of this subpart. when the monitoring system is out of (s) If you use a dry scrubber to com- control as specified in your site-spe- ply with the emission limits of this cific monitoring plan, repairs associ- subpart, you must monitor the injec- ated with periods when the monitoring tion rate of each sorbent and maintain system is out of control, or required the 3-hour block averages at or above monitoring system quality assurance the operating limits established during or quality control activities conducted the hydrogen chloride performance during out-of-control periods are not test. used in calculations (report emissions (t) If you are required to monitor or operating levels and report any such periods in your annual deviation re- clinker production because you comply port); and with the production-rate based mer- (iii) Any PM CPMS data recorded cury limit for your waste-burning kiln, during periods of CEMS data during you must: startup and shutdown, as defined in (1) Determine hourly clinker produc- this subpart. tion by one of two methods: (7) You must record and make avail- (i) Install, calibrate, maintain, and able upon request results of PM CPMS operate a permanent weigh scale sys- system performance audits, as well as tem to measure and record weight the dates and duration of periods from rates in tons-mass per hour of the when the PM CPMS is out of control amount of clinker produced. The sys- until completion of the corrective ac- tem of measuring hourly clinker pro- tions necessary to return the PM duction must be maintained within ±5 CPMS to operation consistent with percent accuracy, or your site-specific monitoring plan. (ii) Install, calibrate, maintain, and (8) For any deviation of the 30-day operate a permanent weigh scale sys- rolling average PM CPMS average tem to measure and record weight value from the established operating rates in tons-mass per hour of the parameter limit, you must: amount of feed to the kiln. The system (i) Within 48 hours of the deviation, of measuring feed must be maintained visually inspect the air pollution con- within ±5 percent accuracy. Calculate trol device; your hourly clinker production rate (ii) If inspection of the air pollution using a kiln-specific feed to clinker control device identifies the cause of ratio based on reconciled clinker pro- the deviation, take corrective action as duction determined for accounting pur- soon as possible and return the PM poses and recorded feed rates. Update CPMS measurement to within the es- this ratio monthly. Note that if this tablished value; ratio changes at clinker reconciliation,

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you must use the new ratio going for- ation of the control device and associ- ward, but you do not have to retro- ated control system; and actively change clinker production (c) Except for periods of monitoring rates previously estimated. system malfunctions or out-of-control (2) Determine the accuracy of the periods, repairs associated with moni- system of measuring hourly clinker toring system malfunctions or out-of- production (or feed mass flow if appli- control periods, and required moni- cable) before the effective date and toring system quality assurance or during each quarter of source oper- quality control activities including, as ation. applicable, calibration checks and re- (3) Conduct accuracy checks in ac- quired zero and span adjustments, fail- cordance with the procedures outlined ure to collect required data is a devi- in your site-specific monitoring plan ation of the monitoring requirements. under § 60.2145(l). RECORDKEEPING AND REPORTING § 60.2170 Is there a minimum amount of monitoring data I must obtain? § 60.2175 What records must I keep? For each continuous monitoring sys- You must maintain the items (as ap- tem required or optionally allowed plicable) as specified in paragraphs (a), under § 60.2165, you must collect data (b), and (e) through (x) of this section according to this section: for a period of at least 5 years: (a) You must operate the monitoring (a) Calendar date of each record; and system and collect data at all required (b) Records of the data described in intervals at all times compliance is re- paragraphs (b)(1) through (7) of this quired except for periods of monitoring section: system malfunctions or out-of-control (1) The CISWI charge dates, times, periods, repairs associated with moni- weights, and hourly charge rates; toring system malfunctions or out-of- (2) Liquor flow rate to the wet scrub- control periods (as specified in ber inlet every 15 minutes of operation, 60.2210(o)), and required monitoring as applicable; system quality assurance or quality (3) Pressure drop across the wet control activities (including, as appli- scrubber system every 15 minutes of cable, calibration checks and required operation or amperage to the wet zero and span adjustments). A moni- scrubber every 15 minutes of operation, toring system malfunction is any sud- as applicable; den, infrequent, not reasonably pre- (4) Liquor pH as introduced to the ventable failure of the monitoring sys- wet scrubber every 15 minutes of oper- tem to provide valid data. Monitoring ation, as applicable; system failures that are caused in part (5) For affected CISWIs that establish by poor maintenance or careless oper- operating limits for controls other ation are not malfunctions. You are re- than wet scrubbers under § 60.2110(d) quired to effect monitoring system re- through (g) or § 60.2115, you must main- pairs in response to monitoring system tain data collected for all operating pa- malfunctions or out-of-control periods rameters used to determine compliance and to return the monitoring system to with the operating limits. For energy operation as expeditiously as prac- recovery units using activated carbon ticable; injection or a dry scrubber, you must (b) You may not use data recorded also maintain records of the load frac- during monitoring system malfunction and corresponding sorbent injections or out-of-control periods, repairs tion rate records; associated with monitoring system (6) If a fabric filter is used to comply malfunctions or out-of-control periods, with the emission limitations, you or required monitoring system quality must record the date, time, and dura- assurance or control activities in cal- tion of each alarm and the time correc- culations used to report emissions or tive action was initiated and com- operating levels. You must use all the pleted, and a brief description of the data collected during all other periods, cause of the alarm and the corrective including data normalized for above action taken. You must also record the scale readings, in assessing the oper- percent of operating time during each

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6-month period that the alarm sounds, (k) Records of calibration of any calculated as specified in § 60.2110(c); monitoring devices as required under (7) If you monitor clinker production § 60.2165; in accordance with § 60.2165(t): (l) Equipment vendor specifications (i) Hourly clinker rate produced if and related operation and maintenance clinker production is measured di- requirements for the incinerator, emis- rectly; sion controls, and monitoring equip- (ii) Hourly measured kiln feed rates ment; and calculated clinker production rates (m) The information listed in if clinker production is not measured § 60.2095(a); directly; (n) On a daily basis, keep a log of the (iii) 30-day rolling averages for mer- quantity of waste burned and the types cury in pounds per million tons of of waste burned (always required); clinker produced; (o) Maintain records of the annual air (iv) The initial and quarterly accu- pollution control device inspections racy of the system of measruing hourly that are required for each CISWI sub- clinker production (or feed mass flow). ject to the emissions limits in table 1 (c)–(d) [Reserved] of this subpart or tables 5 through 8 of (e) Identification of calendar dates this subpart, any required mainte- and times for which data show a devi- nance, and any repairs not completed ation from the operating limits in within 10 days of an inspection or the table 2 of this subpart or a deviation timeframe established by the state reg- from other operating limits established ulatory agency; under § 60.2110(d) through (g) or § 60.2115 (p) For continuously monitored pol- with a description of the deviations, lutants or parameters, you must docu- reasons for such deviations, and a de- ment and keep a record of the fol- scription of corrective actions taken; lowing parameters measured using con- (f) The results of the initial, annual, tinuous monitoring systems. If you and any subsequent performance tests monitor emissions with a CEMS, you conducted to determine compliance must indicate which data are CEMS with the emission limits and/or to es- data during startup and shutdown: tablish operating limits, as applicable. (1) All 6-minute average levels of Retain a copy of the complete test re- opacity; port including calculations; (2) All 1-hour average concentrations (g) All documentation produced as a of sulfur dioxide emissions; result of the siting requirements of (3) All 1-hour average concentrations §§ 60.2045 and 60.2050; of nitrogen oxides emissions; (h) Records showing the names of (4) All 1-hour average concentrations CISWI operators who have completed of carbon monoxide emissions; review of the information in § 60.2095(a) (5) All 1-hour average concentrations as required by § 60.2095(b), including the of particulate matter emissions; date of the initial review and all subse- (6) All 1-hour average concentrations quent annual reviews; of mercury emissions; (i) Records showing the names of the (7) All 1-hour average concentrations CISWI operators who have completed of HCl CEMS outputs; the operator training requirements (8) All 1-hour average percent oxygen under § 60.2070, met the criteria for concentrations; and qualification under § 60.2080, and main- (9) All 1-hour average PM CPMS tained or renewed their qualification readings or particulate matter CEMS under § 60.2085 or § 60.2090. Records must outputs; include documentation of training, the (q) Records indicating use of the by- dates of the initial and refresher train- pass stack, including dates, times, and ing, and the dates of their qualification durations. and all subsequent renewals of such (r) If you choose to stack test less qualifications; frequently than annually, consistent (j) For each qualified operator, the with § 60.2155(a) through (c), you must phone and/or pager number at which keep annual records that document they can be reached during operating that your emissions in the previous hours; stack test(s) were less than 75 percent

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of the applicable emission limit and generation facility under section document that there was no change in 3(18)(B) of the Federal Power Act (16 source operations including fuel com- U.S.C. 796(18)(B)) and that the waste position and operation of air pollution material the unit is proposed to burn is control equipment that would cause homogeneous. emissions of the relevant pollutant to increase within the past year. § 60.2180 Where and in what format (s) Records of the occurrence and du- must I keep my records? ration of each malfunction of operation All records must be available onsite (i.e., process equipment) or the air pol- in either paper copy or computer-read- lution control and monitoring equip- able format that can be printed upon ment. request, unless an alternative format is (t) Records of all required mainte- approved by the Administrator. nance performed on the air pollution control and monitoring equipment. § 60.2185 What reports must I submit? (u) Records of actions taken during See table 4 of this subpart for a sum- periods of malfunction to minimize mary of the reporting requirements. emissions in accordance with § 60.11(d), including corrective actions to restore § 60.2190 What must I submit prior to malfunctioning process and air pollu- commencing construction? tion control and monitoring equipment You must submit a notification prior to its normal or usual manner of oper- to commencing construction that in- ation. cludes the five items listed in para- (v) For operating units that combust graphs (a) through (e) of this section: non-hazardous secondary materials (a) A statement of intent to con- that have been determined not to be struct; solid waste pursuant to § 241.3(b)(1) of (b) The anticipated date of com- this chapter, you must keep a record mencement of construction; which documents how the secondary (c) All documentation produced as a material meets each of the legitimacy result of the siting requirements of criteria under § 241.3(d)(1). If you com- § 60.2050; bust a fuel that has been processed (d) The waste management plan as from a discarded non-hazardous sec- specified in §§ 60.2055 through 60.2065; ondary material pursuant to and § 241.3(b)(4) of this chapter, you must (e) Anticipated date of initial start- keep records as to how the operations up. that produced the fuel satisfies the definition of processing in § 241.2 and each § 60.2195 What information must I sub- of the legitimacy criteria of § 241.3(d)(1) mit prior to initial startup? of this chapter. If the fuel received a You must submit the information non-waste determination pursuant to specified in paragraphs (a) through (e) the petition process submitted under of this section prior to initial startup: § 241.3(c) of this chapter, you must keep (a) The type(s) of waste to be burned; a record that documents how the fuel (b) The maximum design waste burn- satisfies the requirements of the peti- ing capacity; tion process. For operating units that (c) The anticipated maximum charge combust non-hazardous secondary ma- rate; terials as fuel per § 241.4, you must keep (d) If applicable, the petition for site- records documenting that the material specific operating limits under § 60.2115; is a listed non-waste under § 241.4(a). and (w) Records of the criteria used to es- (e) The anticipated date of initial tablish that the unit qualifies as a startup. small power production facility under section 3(17)(C) of the Federal Power § 60.2200 What information must I sub- Act (16 U.S.C. 796(17)(C)) and that the mit following my initial perform- waste material the unit is proposed to ance test? burn is homogeneous. You must submit the information (x) Records of the criteria used to es- specified in paragraphs (a) through (c) tablish that the unit qualifies as a co- of this section no later than 60 days

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following the initial performance test. ating parameter recorded for the cal- All reports must be signed by the fa- endar year being reported; cilities manager: (g) Information recorded under (a) The complete test report for the § 60.2175(b)(6) and (c) through (e) for the initial performance test results ob- calendar year being reported; tained under § 60.2135, as applicable; (h) For each performance test con- (b) The values for the site-specific op- ducted during the reporting period, if erating limits established in § 60.2110 or any performance test is conducted, the § 60.2115; and process unit(s) tested, the pollutant(s) (c) If you are using a fabric filter to tested and the date that such perform- comply with the emission limitations, ance test was conducted. Submit, fol- documentation that a bag leak detec- lowing the procedure specified in tion system has been installed and is § 60.2235(b)(1), the performance test re- being operated, calibrated, and main- port no later than the date that you tained as required by § 60.2165(b). submit the annual report; (i) If you met the requirements of § 60.2205 When must I submit my an- § 60.2155(a) or (b), and did not conduct a nual report? performance test during the reporting You must submit an annual report no period, you must state that you met later than 12 months following the sub- the requirements of § 60.2155(a) or (b), mission of the information in § 60.2200. and, therefore, you were not required You must submit subsequent reports to conduct a performance test during no more than 12 months following the the reporting period; previous report. (If the unit is subject (j) Documentation of periods when all to permitting requirements under title qualified CISWI operators were un- V of the Clean Air Act, you may be re- available for more than 8 hours, but quired by the permit to submit these less than 2 weeks; reports more frequently.) (k) If you had a malfunction during the reporting period, the compliance § 60.2210 What information must I in- report must include the number, dura- clude in my annual report? tion, and a brief description for each The annual report required under type of malfunction that occurred dur- § 60.2205 must include the items listed ing the reporting period and that in paragraphs (a) through (o) of this caused or may have caused any appli- section. If you have a deviation from cable emission limitation to be exceed- the operating limits or the emission ed. The report must also include a de- limitations, you must also submit devi- scription of actions taken by an owner ation reports as specified in §§ 60.2215, or operator during a malfunction of an 60.2220, and 60.2225: affected source to minimize emissions (a) Company name and address; in accordance with § 60.11(d), including (b) Statement by a responsible offi- actions taken to correct a malfunction; cial, with that official’s name, title, (l) For each deviation from an emis- and signature, certifying the accuracy sion or operating limitation that oc- of the content of the report; curs for a CISWI for which you are not (c) Date of report and beginning and using a continuous monitoring system ending dates of the reporting period; to comply with the emission or oper- (d) The values for the operating lim- ating limitations in this subpart, the its established pursuant to § 60.2110 or annual report must contain the fol- § 60.2115; lowing information: (e) If no deviation from any emission (1) The total operating time of the limitation or operating limit that ap- CISWI at which the deviation occurred plies to you has been reported, a state- during the reporting period; and ment that there was no deviation from (2) Information on the number, dura- the emission limitations or operating tion, and cause of deviations (including limits during the reporting period; unknown cause, if applicable), as appli- (f) The highest recorded 3-hour aver- cable, and the corrective action taken. age and the lowest recorded 3-hour av- (m) If there were periods during erage (30-day average for energy recov- which the continuous monitoring sys- ery units), as applicable, for each oper- tem, including the CEMS, was out of

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control as specified in paragraph (o) of cluding the CEMS, was not out of con- this section, the annual report must trol as specified in paragraph (o) of this contain the following information for section, a statement that there were each deviation from an emission or op- not periods during which the contin- erating limitation occurring for a uous monitoring system was out of CISWI for which you are using a con- control during the reporting period. tinuous monitoring system to comply (o) A continuous monitoring system with the emission and operating limi- is out of control in accordance with the tations in this subpart: procedure in 40 CFR part 60, appendix F (1) The date and time that each mal- of this part, as if any of the following function started and stopped; occur: (2) The date, time, and duration that (1) The zero (low-level), mid-level (if each CMS was inoperative, except for applicable), or high-level calibration zero (low-level) and high-level checks; drift exceeds two times the applicable (3) The date, time, and duration that calibration drift specification in the each continuous monitoring system applicable performance specification or was out-of-control, including start and in the relevant standard; end dates and hours and descriptions of (2) The continuous monitoring sys- corrective actions taken; tem fails a performance test audit (e.g., (4) The date and time that each devi- cylinder gas audit), relative accuracy ation started and stopped, and whether audit, relative accuracy test audit, or each deviation occurred during a period linearity test audit; and of malfunction or during another pe- (3) The continuous opacity moni- riod; toring system calibration drift exceeds (5) A summary of the total duration two times the limit in the applicable of the deviation during the reporting performance specification in the rel- period, and the total duration as a per- evant standard. cent of the total source operating time during that reporting period; § 60.2215 What else must I report if I (6) A breakdown of the total duration have a deviation from the operating of the deviations during the reporting limits or the emission limitations? period into those that are due to con- (a) You must submit a deviation re- trol equipment problems, process prob- port if any recorded 3-hour average (30- lems, other known causes, and other day average for energy recovery units unknown causes; or for PM CPMS) parameter level is (7) A summary of the total duration above the maximum operating limit or of continuous monitoring system below the minimum operating limit es- downtime during the reporting period, tablished under this subpart, if the bag and the total duration of continuous leak detection system alarm sounds for monitoring system downtime as a per- more than 5 percent of the operating cent of the total operating time of the time for the 6-month reporting period, CISWI at which the continuous moni- if a performance test was conducted toring system downtime occurred dur- that deviated from any emission limi- ing that reporting period; tation, if a 30-day average measured (8) An identification of each param- using CEMS deviated from any emis- eter and pollutant that was monitored sion limitation. at the CISWI; (b) The deviation report must be sub- (9) A brief description of the CISWI; mitted by August 1 of that year for (10) A brief description of the contin- data collected during the first half of uous monitoring system; the calendar year (January 1 to June (11) The date of the latest continuous 30), and by February 1 of the following monitoring system certification or year for data you collected during the audit; and second half of the calendar year (July 1 (12) A description of any changes in to December 31). continuous monitoring system, processes, or controls since the last report- § 60.2220 What must I include in the ing period. deviation report? (n) If there were periods during which In each report required under the continuous monitoring system, in- § 60.2215, for any pollutant or parameter

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that deviated from the emission limi- (iii) Request approval from the Ad- tations or operating limits specified in ministrator to continue operation of this subpart, include the six items de- the CISWI. scribed in paragraphs (a) through (d) of (b) If your unit was shut down by the this section: Administrator, under the provisions of (a) The calendar dates and times § 60.2100(b)(2), due to a failure to pro- your unit deviated from the emission vide an accessible qualified operator, limitations or operating limit require- you must notify the Administrator ments; that you are resuming operation once a (b) The averaged and recorded data qualified operator is accessible. for those dates; (c) Durations and causes of the fol- § 60.2230 Are there any other notifica- lowing: tions or reports that I must submit? (1) Each deviation from emission lim- (a) Yes. You must submit notifica- itations or operating limits and your tions as provided by § 60.7. corrective actions; (b) If you cease combusting solid (2) Bypass events and your corrective waste but continue to operate, you actions; and must provide 30 days prior notice of the (d) A copy of the operating limit effective date of the waste-to-fuel monitoring data during each deviation switch, consistent with 60.2145(a). The and for any test report that documents notification must identify: the emission levels the process unit(s) (1) The name of the owner or oper- tested, the pollutant(s) tested and the ator of the CISWI, the location of the date that the performance test was source, the emissions unit(s) that will conducted. Submit, following the pro- cease burning solid waste, and the date cedure specified in § 60.2235(b)(1), the of the notice; performance test report no later than (2) The currently applicable sub- the date that you submit the deviation category under this subpart, and any 40 report. CFR part 63 subpart and subcategory § 60.2225 What else must I report if I that will be applicable after you cease have a deviation from the require- combusting solid waste; ment to have a qualified operator (3) The fuel(s), non-waste material(s) accessible? and solid waste(s) the CISWI is cur- (a) If all qualified operators are not rently combusting and has combusted accessible for 2 weeks or more, you over the past 6 months, and the fuel(s) must take the two actions in para- or non-waste materials the unit will graphs (a)(1) and (2) of this section: commence combusting; (1) Submit a notification of the devi- (4) The date on which you became ation within 10 days that includes the subject to the currently applicable three items in paragraphs (a)(1)(i) emission limits; and through (iii) of this section: (5) The date upon which you will (i) A statement of what caused the cease combusting solid waste, and the deviation; date (if different) that you intend for (ii) A description of what you are any new requirements to become appli- doing to ensure that a qualified oper- cable (i.e., the effective date of the ator is accessible; and waste-to-fuel switch), consistent with (iii) The date when you anticipate paragraphs (b)(2) and (3) of this section. that a qualified operator will be available. § 60.2235 In what form can I submit (2) Submit a status report to the Ad- my reports? ministrator every 4 weeks that in- (a) Submit initial, annual and devi- cludes the three items in paragraphs ation reports electronically or in paper (a)(2)(i) through (iii) of this section: format, postmarked on or before the (i) A description of what you are submittal due dates. Beginning on doing to ensure that a qualified oper- April 16, 2021 or once the reporting ator is accessible; form has been available in CEDRI for 1 (ii) The date when you anticipate year, whichever is later, you must sub- that a qualified operator will be acces- mit subsequent reports on or before the sible; and submittal dates to the EPA via the

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Compliance and Emissions Data Re- Policy Group, MD C404–02, 4930 Old porting Interface (CEDRI),which can be Page Rd., Durham, NC 27703. The same accessed through the EPA’s Central ERT or alternate file with the CBI Data Exchange (CDX) (https:// omitted must be submitted to the EPA cdx.epa.gov/). Use the appropriate elec- via the EPA’s CDX as described earlier tronic report in CEDRI for this subpart in this paragraph; and or an alternate electronic file format (ii) For data collected using test consistent with the extensible markup methods that are not supported by the language (XML) schema listed on the EPA’s ERT as listed on the EPA’s ERT CEDRI website (https://www3.epa.gov/ website at the time of the test, you ttn/chief/cedri/index.html). The date must submit the results of the performs become available in CEDRI will formance test to the Administrator at be listed on the CEDRI website. The re- the appropriate address listed in § 60.4. ports must be submitted by the dead- (2) Within 60 days after the date of lines specified in this subpart, regard- completing each continuous emissions less of the method in which the report monitoring system performance eval- is submitted. uation you must submit the results of (b) Submit results of each perform- the performance evaluation following ance test and CEMS performance eval- the procedure specified in either para- uation required by this subpart as fol- graph (b)(2)(i) or (b)(2)(ii) of this sec- lows: tion: (1) Within 60 days after the date of (i) For performance evaluations of completing each performance test (see continuous monitoring systems meas- § 60.8) required by this subpart, you uring relative accuracy test audit must submit the results of the per- (RATA) pollutants that are supported formance test following the procedure by the EPA’s ERT as listed on the specified in either paragraph (b)(1)(i) or EPA’s ERT website at the time of the (b)(1)(ii) of this section: evaluation, you must submit the re- (i) For data collected using test sults of the performance evaluation to methods supported by the EPA’s Elec- the EPA via the CEDRI. (CEDRI can be tronic Reporting Tool (ERT) as listed accessed through the EPA’s CDX.) Per- on the EPA’s ERT website (https:// formance evaluation data must be sub- www3.epa.gov/ttn/chief/ert/ mitted in a file format generated ertllinfo.html) at the time of the test, through the use of the EPA’s ERT or you must submit the results of the per- an alternate file format consistent formance test to the EPA via the with the XML schema listed on the CEDRI. (CEDRI can be accessed EPA’s ERT website. If you claim that through the EPA’s CDX (https:// some of the performance evaluation in- cdx.epa.gov/).) Performance test data formation being submitted is CBI, you must be submitted in a file format gen- must submit a complete file generated erated through the use of the EPA’s through the use of the EPA’s ERT or ERT or an alternate electronic file for- an alternate electronic file consistent mat consistent with the XML schema with the XML schema listed on the listed on the EPA’s ERT website. If EPA’s ERT website, including informa- you claim that some of the perform- tion claimed to be CBI, on a compact ance test information being submitted disc, flash drive, or other commonly is confidential business information used electronic storage media to the (CBI), you must submit a complete file EPA. The electronic storage media generated through the use of the EPA’s must be clearly marked as CBI and ERT or an alternate electronic file con- mailed to U.S. EPA/OAQPS/CORE CBI sistent with the XML schema listed on Office, Attention: Group Leader, Meas- the EPA’s ERT website, including in- urement Policy Group, MD C404–02, formation claimed to be CBI, on a com- 4930 Old Page Rd., Durham, NC 27703. pact disc, flash drive, or other com- The same ERT or alternate file with monly used electronic storage media to the CBI omitted must be submitted to the EPA. The electronic media must be the EPA via the EPA’s CDX as de- clearly marked as CBI and mailed to scribed earlier in this paragraph; and U.S. EPA/OAQPS/CORE CBI Office, At- (ii) For any performance evaluations tention: Group Leader, Measurement of continuous monitoring systems

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measuring RATA pollutants that are comply with the reporting require- not supported by the EPA’s ERT as ment. For the purposes of this section, listed on the EPA’s ERT website at the a force majeure event is defined as an time of the evaluation, you must sub- event that will be or has been caused mit the results of the performance by circumstances beyond the control of evaluation to the Administrator at the the affected facility, its contractors, or appropriate address listed in § 60.4. any entity controlled by the affected (c) If you are required to electroni- facility that prevents you from com- cally submit a report through the Com- plying with the requirement to submit pliance and Emissions Data Reporting a report electronically within the time Interface (CEDRI) in the EPA’s Central period prescribed. Examples of such Data Exchange (CDX), and due to a events are acts of nature (e.g., hurri- planned or actual outage of either the canes, earthquakes, or floods), acts of EPA’s CEDRI or CDX systems within war or terrorism, or equipment failure the period of time beginning 5 business or safety hazard beyond the control of days prior to the date that the submis- the affected facility (e.g., large scale sion is due, you will be or are precluded power outage). If you intend to assert a from accessing CEDRI or CDX and sub- claim of force majeure, you must submitting a required report within the mit notification to the Administrator time prescribed, you may assert a in writing as soon as possible following claim of EPA system outage for failure the date you first knew, or through due to timely comply with the reporting diligence should have known, that the requirement. You must submit notifi- event may cause or caused a delay in cation to the Administrator in writing reporting. You must provide to the Ad- as soon as possible following the date ministrator a written description of you first knew, or through due dili- the force majeure event and a rationale gence should have known, that the for attributing the delay in reporting event may cause or caused a delay in beyond the regulatory deadline to the reporting. You must provide to the Ad- force majeure event; describe the meas- ministrator a written description iden- ures taken or to be taken to minimize tifying the date, time and length of the the delay in reporting; and identify a outage; a rationale for attributing the date by which you propose to report, or delay in reporting beyond the regu- if you have already met the reporting latory deadline to the EPA system out- requirement at the time of the notifi- age; describe the measures taken or to cation, the date you reported. In any be taken to minimize the delay in re- circumstance, the reporting must porting; and identify a date by which occur as soon as possible after the force you propose to report, or if you have majeure event occurs. The decision to already met the reporting requirement accept the claim of force majeure and at the time of the notification, the allow an extension to the reporting date you reported. In any cir- deadline is solely within the discretion cumstance, the report must be sub- of the Administrator. mitted electronically as soon as possible after the outage is resolved. The § 60.2240 Can reporting dates be decision to accept the claim of EPA changed? system outage and allow an extension If the Administrator agrees, you may to the reporting deadline is solely change the semiannual or annual re- within the discretion of the Adminis- porting dates. See § 60.19(c) for proce- trator. dures to seek approval to change your (d) If you are required to electroni- reporting date. cally submit a report through CEDRI in the EPA’s CDX and a force majeure TITLE V OPERATING PERMITS event is about to occur, occurs, or has occurred or there are lingering effects § 60.2242 Am I required to apply for from such an event within the period of and obtain a Title V operating per- time beginning 5 business days prior to mit for my unit? the date the submission is due, the Yes. Each CISWI and ACI subject to owner or operator may assert a claim standards under this subpart must op- of force majeure for failure to timely erate pursuant to a permit issued

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under Section 129(e) and Title V of the (b) Conduct an initial test for opacity Clean Air Act. as specified in § 60.8. (c) After the initial test for opacity, AIR CURTAIN INCINERATORS (ACIS) conduct annual tests no more than 12 calendar months following the date of § 60.2245 What is an air curtain incin- your previous test. erator? (a) An ACI operates by forcefully pro- § 60.2260 What are the recordkeeping jecting a curtain of air across an open and reporting requirements for air chamber or open pit in which combus- curtain incinerators? tion occurs. Incinerators of this type (a) Prior to commencing construc- can be constructed above or below tion on your ACI, submit the three ground and with or without refractory items described in paragraphs (a)(1) walls and floor. Air curtain inciner- through (3) of this section: ators are not to be confused with con- (1) Notification of your intent to conventional combustion devices with en- struct the ACI; closed fireboxes and controlled air (2) Your planned initial startup date; technology such as mass burn, mod- and ular, and fluidized bed combustors. (3) Types of materials you plan to (b) Air curtain incinerators that burn burn in your ACI. only the materials listed in paragraphs (b) Keep records of results of all ini- (b)(1) through (3) of this section are tial and annual opacity tests onsite in only required to meet the requirements either paper copy or electronic format, under § 60.2242 and under ‘‘Air Curtain unless the Administrator approves an- Incinerators’’ (§§ 60.2245 through other format, for at least 5 years. 60.2260): (c) Make all records available for (1) 100 percent wood waste; submittal to the Administrator or for (2) 100 percent clean lumber; and an inspector’s onsite review. (3) 100 percent mixture of only wood (d) You must submit the results (as waste, clean lumber, and/or yard waste. determined by the average of three 1- hour blocks consisting of ten 6-minute § 60.2250 What are the emission limita- average opacity values) of the initial tions for air curtain incinerators? opacity tests no later than 60 days following the initial test. Submit annual Within 60 days after your ACI opacity test results within 12 months reaches the charge rate at which it will following the previous report. operate, but no later than 180 days (e) Submit initial and annual opacity after its initial startup, you must meet test reports as electronic or paper copy the two limitations specified in para- on or before the applicable submittal graphs (a) and (b) of this section: date. (a) Maintain opacity to less than or (f) Keep a copy of the initial and an- equal to 10 percent opacity (as deter- nual reports onsite for a period of 5 mined by the average of three 1-hour years. blocks consisting of ten 6-minute average opacity values), except as described DEFINITIONS in paragraph (b) of this section; and (b) Maintain opacity to less than or § 60.2265 What definitions must I equal to 35 percent opacity (as deter- know? mined by the average of three 1-hour Terms used but not defined in this blocks consisting of ten 6-minute aver- subpart are defined in the Clean Air age opacity values) during the startup Act and subpart A (General Provisions) period that is within the first 30 min- of this part. utes of operation. 30-day rolling average means the arithmetic mean of the previous 720 § 60.2255 How must I monitor opacity hours of valid operating data. Valid for air curtain incinerators? data excludes periods when this unit is (a) Use Method 9 of appendix A of not operating. The 720 hours should be this part to determine compliance with consecutive, but not necessarily con- the opacity limitation. tinuous if operations are intermittent.

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Administrator means the Adminis- (1) For incinerators and small remote trator of the U.S. Environmental Pro- incinerators: CEMS data collected dur- tection Agency or his/her authorized ing the first hours of a CISWI startup representative or Administrator of a from a cold start until waste is fed to State Air Pollution Control Agency. the unit and the hours of operation fol- Air curtain incinerator (ACI) means an lowing the cessation of waste material incinerator that operates by forcefully being fed to the CISWI during a unit projecting a curtain of air across an shutdown. For each startup event, the open chamber or pit in which combus- length of time that CEMS data may be tion occurs. Incinerators of this type claimed as being CEMS data during can be constructed above or below startup must be 48 operating hours or ground and with or without refractory less. For each shutdown event, the walls and floor. Air curtain inciner- length of time that CEMS data may be ators are not to be confused with con- claimed as being CEMS data during ventional combustion devices with en- shutdown must be 24 operating hours closed fireboxes and controlled air or less; technology such as mass burn, mod- (2) For energy recovery units: CEMS ular, and fluidized bed combustors. data collected during the startup or Annual heat input means the heat shutdown periods of operation. Startup input for the 12 months preceding the begins with either the first-ever firing compliance demonstration. of fuel in a boiler or process heater for Auxiliary fuel means natural gas, the purpose of supplying useful ther- liquified petroleum gas, fuel oil, or die- mal energy (such as steam or heat) for sel fuel. heating, cooling or process purposes, or Average annual heat input rate means producing electricity, or the firing of annual heat input divided by the hours fuel in a boiler or process heater for of operation for the 12 months pre- any purpose after a shutdown event. ceding the compliance demonstration. Startup ends four hours after when the Bag leak detection system means an in- boiler or process heater makes useful strument that is capable of monitoring thermal energy (such as heat or steam) particulate matter loadings in the ex- for heating, cooling, or process pur- haust of a fabric filter (i.e., baghouse) poses, or generates electricity, which- in order to detect bag failures. A bag ever is earlier. Shutdown begins when leak detection system includes, but is the boiler or process heater no longer not limited to, an instrument that op- makes useful thermal energy (such as erates on triboelectric, light scat- heat or steam) for heating, cooling, or tering, light transmittance, or other process purposes and/or generates elec- principle to monitor relative particu- tricity or when no fuel is being fed to late matter loadings. the boiler or process heater, whichever Burn-off oven means any rack rec- is earlier. Shutdown ends when the lamation unit, part reclamation unit, boiler or process heater no longer or drum reclamation unit. A burn-off makes useful thermal energy (such as oven is not an incinerator, waste-burn- steam or heat) for heating, cooling, or ing kiln, an energy recovery unit or a process purposes and/or generates elec- small, remote incinerator under this tricity, and no fuel is being combusted subpart. in the boiler or process heater; and Bypass stack means a device used for (3) For waste-burning kilns: CEMS discharging combustion gases to avoid data collected during the periods of severe damage to the air pollution con- kiln operation that do not include nor- trol device or other equipment. mal operations. Startup means the Calendar quarter means three con- time from when a shutdown kiln first secutive months (nonoverlapping) be- begins firing fuel until it begins pro- ginning on: January 1, April 1, July 1, ducing clinker. Startup begins when a or October 1. shutdown kiln turns on the induced Calendar year means 365 consecutive draft fan and begins firing fuel in the days starting on January 1 and ending main burner. Startup ends when feed is on December 31. being continuously introduced into the CEMS data during startup and shut- kiln for at least 120 minutes or when down means the following: the feed rate exceeds 60 percent of the

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kiln design limitation rate, whichever Commercial and industrial solid waste occurs first. Shutdown means the ces- incineration unit (CISWI) means any dis- sation of kiln operation. Shutdown be- tinct operating unit of any commercial gins when feed to the kiln is halted and or industrial facility that combusts, or ends when continuous kiln rotation has combusted in the preceding 6 ceases. months, any solid waste as that term is Chemical recovery unit means combus- defined in 40 CFR part 241. If the oper- tion units burning materials to recover ating unit burns materials other than chemical constituents or to produce traditional fuels as defined in § 241.2 chemical compounds where there is an that have been discarded, and you do existing commercial market for such not keep and produce records as re- recovered chemical constituents or quired by § 60.2175(v), the operating compounds. A chemical recovery unit unit is a CISWI. While not all CISWIs is not an incinerator, a waste-burning will include all of the following compo- kiln, an energy recovery unit or a nents, a CISWI includes, but is not lim- small, remote incinerator under this ited to, the solid waste feed system, subpart. The following seven types of grate system, flue gas system, waste units are considered chemical recovery heat recovery equipment, if any, and units: bottom ash system. The CISWI does (1) Units burning only pulping liquors not include air pollution control equip- (i.e., black liquor) that are reclaimed in ment or the stack. The CISWI bound- a pulping liquor recovery process and ary starts at the solid waste hopper (if reused in the pulping process; applicable) and extends through two (2) Units burning only spent sulfuric areas: The combustion unit flue gas acid used to produce virgin sulfuric system, which ends immediately after acid; the last combustion chamber or after (3) Units burning only wood or coal the waste heat recovery equipment, if feedstock for the production of char- any; and the combustion unit bottom coal; ash system, which ends at the truck (4) Units burning only manufacturing loading station or similar equipment byproduct streams/residue containing that transfers the ash to final disposal. catalyst metals that are reclaimed and The CISWI includes all ash handling reused as catalysts or used to produce systems connected to the bottom ash commercial grade catalysts; handling system. (5) Units burning only coke to Contained gaseous material means produce purified carbon monoxide that gases that are in a container when that is used as an intermediate in the pro- container is combusted. duction of other chemical compounds; Continuous emission monitoring system (6) Units burning only hydrocarbon (CEMS) means the total equipment liquids or solids to produce hydrogen, that may be required to meet the data carbon monoxide, synthesis gas, or acquisition and availability require- other gases for use in other manufac- ments of this subpart, used to sample, turing processes; and condition (if applicable), analyze, and (7) Units burning only photographic provide a record of emissions. film to recover silver. Continuous monitoring system (CMS) Chemotherapeutic waste means waste means the total equipment, required material resulting from the production under the emission monitoring sections or use of antineoplastic agents used for in applicable subparts, used to sample the purpose of stopping or reversing and condition (if applicable), to ana- the growth of malignant cells. lyze, and to provide a permanent Clean lumber means wood or wood record of emissions or process param- products that have been cut or shaped eters. A particulate matter continuous and include wet, air-dried, and kiln- parameter monitoring system (PM dried wood products. Clean lumber does CPMS) is a type of CMS. not include wood products that have Cyclonic burn barrel means a combus- been painted, pigment-stained, or pres- tion device for waste materials that is sure-treated by compounds such as attached to a 55 gallon, open-head chromate copper arsenate, drum. The device consists of a lid, pentachlorophenol, and creosote. which fits onto and encloses the drum,

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and a blower that forces combustion Energy recovery unit designed to burn air into the drum in a cyclonic manner biomass (Biomass) means an energy re- to enhance the mixing of waste mate- covery unit that burns solid waste, bio- rial and air. A cyclonic burn barrel is mass, and non-coal solid materials but not an incinerator, a waste-burning less than 10 percent coal, on a heat kiln, an energy recovery unit or a input basis on an annual average, ei- small, remote incinerator under this ther alone or in combination with liq- subpart. uid waste, liquid fuel or gaseous fuels. Deviation means any instance in Energy recovery unit designed to burn which an affected source subject to this coal (Coal) means an energy recovery subpart, or an owner or operator of unit that burns solid waste and at least such a source: 10 percent coal on a heat input basis on (1) Fails to meet any requirement or an annual average, either alone or in obligation established by this subpart, combination with liquid waste, liquid including but not limited to any emis- fuel or gaseous fuels. sion limitation, operating limit, or op- Energy recovery unit designed to burn erator qualification and accessibility liquid waste materials and gas (Liquid/ requirements; and gas) means an energy recovery unit (2) Fails to meet any term or condi- that burns a liquid waste with liquid or tion that is adopted to implement an gaseous fuels not combined with any solid fuel or waste materials. applicable requirement in this subpart Energy recovery unit designed to burn and that is included in the operating solid materials (Solids) includes energy permit for any affected source required recovery units designed to burn coal to obtain such a permit. and energy recovery units designed to means tetra- through Dioxins/furans burn biomass. octa-chlorinated dibenzo-p-dioxins and Fabric filter means an add-on air pol- dibenzofurans. lution control device used to capture Discard means, for purposes of this particulate matter by filtering gas subpart and 40 CFR part 60, subpart streams through filter media, also DDDD, only, burned in an incineration known as a baghouse. unit without energy recovery. Foundry sand thermal reclamation unit Drum reclamation unit means a unit means a type of part reclamation unit that burns residues out of drums (e.g., that removes coatings that are on 55 gallon drums) so that the drums can foundry sand. A foundry sand thermal be reused. reclamation unit is not an incinerator, Dry scrubber means an add-on air pol- a waste-burning kiln, an energy recov- lution control system that injects dry ery unit or a small, remote incinerator alkaline sorbent (dry injection) or under this subpart. sprays an alkaline sorbent (spray Incinerator means any furnace used in dryer) to react with and neutralize acid the process of combusting solid waste gas in the exhaust stream forming a (as that term is defined by the Admin- dry powder material. Sorbent injection istrator in 40 CFR part 241) for the pur- systems in fluidized bed boilers and pose of reducing the volume of the process heaters are included in this def- waste by removing combustible mat- inition. A dry scrubber is a dry control ter. Incinerator designs include single system. chamber and two-chamber. Energy recovery means the process of In-line coal mill means those coal recovering thermal energy from com- mills using kiln exhaust gases in their bustion for useful purposes such as process. Coal mills with a heat source steam generation or process heating. other than the kiln or coal mills using Energy recovery unit means a combus- exhaust gases from the clinker cooler tion unit combusting solid waste (as alone are not an in-line coal mill. that term is defined by the Adminis- In-line kiln/raw mill means a system trator in 40 CFR part 241) for energy re- in a Portland Cement production proc- covery. Energy recovery units include ess where a dry kiln system is inte- units that would be considered boilers grated with the raw mill so that all or and process heaters if they did not a portion of the kiln exhaust gases are combust solid waste. used to perform the drying operation of

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the raw mill, with no auxiliary heat Minimum voltage or amperage means 90 source used. In this system the kiln is percent of the lowest test-run average capable of operating without the raw voltage or amperage to the electro- mill operating, but the raw mill cannot static precipitator measured during the operate without the kiln gases, and most recent particulate matter or mer- consequently, the raw mill does not cury performance test demonstrating generate a separate exhaust gas compliance with the applicable emis- stream. sion limits. Kiln means an oven or furnace, in- Modification or modified CISWI means cluding any associated preheater or a CISWI that has been changed later precalciner devices, in-line raw mills, than August 7, 2013 and that meets one in-line coal mills or alkali bypasses of two criteria: used for processing a substance by (1) The cumulative cost of the burning, firing or drying. Kilns include changes over the life of the unit ex- cement kilns that produce clinker by ceeds 50 percent of the original cost of heating limestone and other materials building and installing the CISWI (not for subsequent production of Portland including the cost of land) updated to Cement. Because the alkali bypass, in- current costs (current dollars). To de- line raw mill and in-line coal mill are termine what systems are within the considered an integral part of the kiln, boundary of the CISWI used to cal- the kiln emissions limits also apply to culate these costs, see the definition of the exhaust of the alkali bypass, in- CISWI; and line raw mill and in-line coal mill. (2) Any physical change in the CISWI Laboratory analysis unit means units or change in the method of operating it that burn samples of materials for the that increases the amount of any air purpose of chemical or physical anal- pollutant emitted for which section 129 ysis. A laboratory analysis unit is not or section 111 of the Clean Air Act has an incinerator, waste-burning kiln, an established standards. energy recovery unit or a small, re- Municipal solid waste or municipal-type mote incinerator under this subpart. solid waste means household, commer- Load fraction means the actual heat cial/retail, or institutional waste. input of an energy recovery unit di- Household waste includes material dis- vided by heat input during the per- carded by residential dwellings, hotels, formance test that established the motels, and other similar permanent or minimum sorbent injection rate or temporary housing. Commercial/retail minimum activated carbon injection waste includes material discarded by rate, expressed as a fraction (e.g., for 50 stores, offices, restaurants, ware- percent load the load fraction is 0.5). houses, nonmanufacturing activities at Low-level radioactive waste means industrial facilities, and other similar waste material which contains radio- establishments or facilities. Institu- active nuclides emitting primarily beta tional waste includes materials dis- or gamma radiation, or both, in con- carded by schools, by hospitals (non- centrations or quantities that exceed medical), by nonmanufacturing activi- applicable federal or state standards ties at prisons and government facili- for unrestricted release. Low-level ra- ties, and other similar establishments dioactive waste is not high-level radio- or facilities. Household, commercial/reactive waste, spent nuclear fuel, or by- tail, and institutional waste does in- product material as defined by the clude yard waste and refuse-derived Atomic Energy Act of 1954 (42 U.S.C. fuel. Household, commercial/retail, and 2014(e)(2)). institutional waste does not include Malfunction means any sudden, infre- used oil; sewage sludge; wood pallets; quent, and not reasonably preventable construction, renovation, and demoli- failure of air pollution control equip- tion wastes (which include railroad ties ment, process equipment, or a process and telephone poles); clean wood; in- to operate in a normal or usual man- dustrial process or manufacturing ner. Failures that are caused, in part, wastes; medical waste; or motor vehi- by poor maintenance or careless oper- cles (including motor vehicle parts or ation are not malfunctions. vehicle fluff).

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Opacity means the degree to which Process change means any of the fol- emissions reduce the transmission of lowing physical or operational changes: light and obscure the view of an object (1) A physical change (maintenance in the background. activities excluded) to the CISWI Operating day means a 24-hour period which may increase the emission rate between 12 midnight and the following of any air pollutant to which a stand- midnight during which any amount of ard applies; solid waste is combusted at any time in (2) An operational change to the the CISWI. CISWI where a new type of non-haz- Oxygen analyzer system means all ardous secondary material is being equipment required to determine the combusted; oxygen content of a gas stream and (3) A physical change (maintenance used to monitor oxygen in the boiler or activities excluded) to the air pollution process heater flue gas, boiler or proc- control devices used to comply with ess heater, firebox, or other appro- the emission limits for the CISWI (e.g., priate location. This definition in- replacing an electrostatic precipitator cludes oxygen trim systems and cer- with a fabric filter); and tified oxygen CEMS. The source owner (4) An operational change to the air or operator is responsible to install, pollution control devices used to com- calibrate, maintain, and operate the ply with the emission limits for the af- oxygen analyzer system in accordance fected CISWI (e.g., change in the sor- with the manufacturer’s recommenda- bent injection rate used for activated tions. carbon injection). Oxygen trim system means a system of Rack reclamation unit means a unit monitors that is used to maintain ex- that burns the coatings off racks used cess air at the desired level in a com- to hold small items for application of a bustion device over its operating range. coating. The unit burns the coating A typical system consists of a flue gas overspray off the rack so the rack can oxygen and/or carbon monoxide mon- be reused. itor that automatically provides a Raw mill means a ball or tube mill, feedback signal to the combustion air vertical roller mill or other size reduc- controller or draft controller. tion equipment, that is not part of an Part reclamation unit means a unit in-line kiln/raw mill, used to grind feed that burns coatings off parts (e.g., to the appropriate size. Moisture may tools, equipment) so that the parts can be added or removed from the feed dur- be reconditioned and reused. ing the grinding operation. If the raw Particulate matter means total partic- mill is used to remove moisture from ulate matter emitted from CISWIs as feed materials, it is also, by definition, measured by Method 5 or Method 29 of a raw material dryer. The raw mill also appendix A of this part. includes the air separator associated Pathological waste means waste mate- with the raw mill. rial consisting of only human or ani- Reconstruction means rebuilding a mal remains, anatomical parts, and/or CISWI and meeting two criteria: tissue, the bags/containers used to col- (1) The reconstruction begins on or lect and transport the waste material, after August 7, 2013; and and animal bedding (if applicable). (2) The cumulative cost of the con- Performance evaluation means the struction over the life of the inciner- conduct of relative accuracy testing, ation unit exceeds 50 percent of the calibration error testing, and other original cost of building and installing measurements used in validating the the CISWI (not including land) updated continuous monitoring system data. to current costs (current dollars). To Performance test means the collection determine what systems are within the of data resulting from the execution of boundary of the CISWI used to cal- a test method (usually three emission culate these costs, see the definition of test runs) used to demonstrate compli- CISWI. ance with a relevant emission standard Refuse-derived fuel means a type of as specified in the performance test municipal solid waste produced by section of the relevant standard. processing municipal solid waste

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through shredding and size classifica- 3 tons per day or less solid waste and is tion. This includes all classes of refuse- more than 25 miles driving distance to derived fuel including two fuels: the nearest municipal solid waste land- (1) Low-density fluff refuse-derived fill. fuel through densified refuse-derived Soil treatment unit means a unit that fuel; and thermally treats petroleum-contami- (2) Pelletized refuse-derived fuel. nated soils for the sole purpose of site Responsible official means one of the remediation. A soil treatment unit following: may be direct-fired or indirect fired. A (1) For a corporation: A president, soil treatment unit is not an inciner- secretary, treasurer, or vice-president ator, a waste-burning kiln, an energy of the corporation in charge of a prin- recovery unit or a small, remote incin- cipal business function, or any other erator under this subpart. person who performs similar policy or Solid waste means the term solid decision-making functions for the cor- waste as defined in 40 CFR 241.2. poration, or a duly authorized rep- Solid waste incineration unit means a resentative of such person if the rep- distinct operating unit of any facility resentative is responsible for the over- which combusts any solid waste (as all operation of one or more manufac- that term is defined by the Adminis- turing, production, or operating facili- trator in 40 CFR part 241) material ties applying for or subject to a permit from commercial or industrial estab- and either: lishments or the general public (includ- (i) The facilities employ more than ing single and multiple residences, ho- 250 persons or have gross annual sales tels and motels). Such term does not or expenditures exceeding $25 million include incinerators or other units re- (in second quarter 1980 dollars); or quired to have a permit under section (ii) The delegation of authority to 3005 of the Solid Waste Disposal Act. such representatives is approved in ad- The term ‘‘solid waste incineration vance by the permitting authority; unit’’ does not include: (2) For a partnership or sole propri- (1) Materials recovery facilities (in- etorship: A general partner or the pro- cluding primary or secondary smelters) prietor, respectively; which combust waste for the primary (3) For a municipality, state, federal, purpose of recovering metals; or other public agency: Either a prin- (2) Qualifying small power production cipal executive officer or ranking elect- facilities, as defined in section 3(17)(C) ed official. For the purposes of this of the Federal Power Act (16 U.S.C. part, a principal executive officer of a 769(17)(C)), or qualifying cogeneration federal agency includes the chief exec- facilities, as defined in section 3(18)(B) utive officer having responsibility for of the Federal Power Act (16 U.S.C. the overall operations of a principal ge- 796(18)(B)), which burn homogeneous ographic unit of the agency (e.g., a Re- waste (such as units which burn tires gional Administrator of EPA); or or used oil, but not including refuse-de- (4) For affected facilities: rived fuel) for the production of elec- (i) The designated representative in tric energy or in the case of qualifying so far as actions, standards, require- cogeneration facilities which burn ho- ments, or prohibitions under Title IV mogeneous waste for the production of of the Clean Air Act or the regulations electric energy and steam or forms of promulgated thereunder are concerned; useful energy (such as heat) which are or used for industrial, commercial, heat- (ii) The designated representative for ing or cooling purposes; or any other purposes under part 60. (3) Air curtain incineratorsprovided Shutdown means, for incinerators and that such incinerators only burn wood small, remote incinerators, the period wastes, yard wastes, and clean lumber of time after all waste has been com- and that such ACIs comply with opac- busted in the primary chamber. ity limitations to be established by the Small, remote incinerator means an in- Administrator by rule. cinerator that combusts solid waste (as Space heater means a unit that meets that term is defined by the Adminis- the requirements of 40 CFR 279.23. A trator in 40 CFR part 241) and combusts space heater is not an incinerator, a

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waste-burning kiln, an energy recovery are introduced into the flame zone in unit or a small, remote incinerator the hot end of the kiln or mixed with under this subpart. the precalciner fuel. Standard conditions, when referring to Wet scrubber means an add-on air pol- units of measure, means a temperature lution control device that uses an of 68 °F (20 °C) and a pressure of 1 at- aqueous or alkaline scrubbing liquor to mosphere (101.3 kilopascals). collect particulate matter (including Startup period means, for incinerators nonvaporous metals and condensed and small, remote incinerators, the pe- organics) and/or to absorb and neu- riod of time between the activation of tralize acid gases. the system and the first charge to the Wood waste means untreated wood unit. and untreated wood products, including Useful thermal energy means energy tree stumps (whole or chipped), trees, (i.e., steam, hot water, or process heat) tree limbs (whole or chipped), bark, that meets the minimum operating sawdust, chips, scraps, slabs, millings, temperature and/or pressure required and shavings. Wood waste does not in- by any energy use system that uses en- clude: ergy provided by the affected energy (1) Grass, grass clippings, bushes, recovery unit. shrubs, and clippings from bushes and Waste-burning kiln means a kiln that shrubs from residential, commercial/re- is heated, in whole or in part, by com- tail, institutional, or industrial sources busting solid waste (as that term is de- as part of maintaining yards or other fined by the Administrator in 40 CFR private or public lands; part 241). Secondary materials used in (2) Construction, renovation, or dem- Portland cement kilns shall not be olition wastes; and deemed to be combusted unless they (3) Clean lumber.

TABLE 1 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS FOR WHICH CONSTRUCTION IS COMMENCED AFTER NOVEMBER 30, 1999, BUT NO LATER THAN JUNE 4, 2010, OR FOR WHICH MODIFICATION OR RECONSTRUCTION IS COMMENCED ON OR AFTER JUNE 1, 2001, BUT NO LATER THAN AUGUST 7, 2013

You must meet And determining compli- this 2 For the air pollutant emission limita- Using this averaging time ance using this method 2 tion 1

Cadmium ...... 0.004 milligrams 3-run average (1 hour minimum Performance test (Method per dry stand- sample time per run). 29 of appendix A of this ard cubic meter. part). Carbon monoxide .. 157 parts per mil- 3-run average (1 hour minimum Performance test (Method lion by dry vol- sample time per run). 10 at 40 CFR part 60, ume. appendix A–4). Dioxin/Furan (toxic 0.41 nanograms 3-run average (collect a minimum Performance test (Method equivalency per dry stand- volume of 4 dry standard cubic 23 of appendix A–7 of basis). ard cubic meter. meters per run). this part). Hydrogen chloride 62 parts per mil- 3-run average (For Method 26, col- Performance test (Method lion by dry vol- lect a minimum volume of 120 li- 26 or 26A at 40 CFR part ume. ters per run. For Method 26A, col- 60, appendix A–8). lect a minimum volume of 1 dry standard cubic meter per run). Lead ...... 0.04 milligrams 3-run average (1 hour minimum Performance test (Method per dry stand- sample time per run). 29 of appendix A of this ard cubic meter. part). Mercury ...... 0.47 milligrams 3-run average (1 hour minimum Performance test (Method per dry stand- sample time per run). 29 of appendix A of this ard cubic meter. part). Nitrogen oxides ...... 388 parts per mil- 3-run average (for Method 7E, 1 Performance test (Method lion by dry vol- hour minimum sample time per 7 or 7E at 40 CFR part ume. run). 60, appendix A–4).

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You must meet And determining compli- this 2 For the air pollutant emission limita- Using this averaging time ance using this method 2 tion 1

Opacity ...... 10 percent ...... 6-minute averages ...... Performance test (Method 9 of appendix A of this part). Particulate matter .. 70 milligrams per 3-run average (1 hour minimum Performance test (Method dry standard sample time per run). 5 or 29 of appendix A of cubic meter. this part). Sulfur dioxide ...... 20 parts per mil- 3-run average (For Method 6, collect Performance test (Method lion by dry vol- a minimum volume of 20 liters per 6 or 6C at 40 CFR part ume. run. For Method 6C, collect sam- 60, appendix A–4). ple for a minimum duration of 1 hour per run). 1 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2145 and 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations.

TABLE 2 TO SUBPART CCCC OF PART 60—OPERATING LIMITS FOR WET SCRUBBERS

And monitoring using these minimum frequencies For these operating param- You must establish eters these operating lim- Data measure- its ment Data recording Averaging time

Charge rate ...... Maximum charge Continuous ...... Every hour ...... Daily (batch units) 3-hour roll- rate. ing (continuous and intermittent units).1 Pressure drop across the wet Minimum pressure Continuous ...... Every 15 minutes 3-hour rolling.1 scrubber or amperage to drop or amperage. wet scrubber. Scrubber liquor flow rate ...... Minimum flow rate .. Continuous ...... Every 15 minutes 3-hour rolling.1 Scrubber liquor pH ...... Minimum pH ...... Continuous ...... Every 15 minutes 3-hour rolling.1 1 Calculated each hour as the average of the previous 3 operating hours.

TABLE 3 TO SUBPART CCCC OF PART 60—TOXIC EQUIVALENCY FACTORS

Toxic Dioxin/furan congener equivalency factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ...... 1 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ...... 0.5 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin ...... 0.01 octachlorinated dibenzo-p-dioxin ...... 0.001 2,3,7,8-tetrachlorinated dibenzofuran ...... 0.1 2,3,4,7,8-pentachlorinated dibenzofuran ...... 0.5 1,2,3,7,8-pentachlorinated dibenzofuran ...... 0.05 1,2,3,4,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran ...... 0.1 2,3,4,6,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran ...... 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran ...... 0.01 octachlorinated dibenzofuran ...... 0.001

TABLE 4 TO SUBPART CCCC OF PART 60—SUMMARY OF REPORTING REQUIREMENTS 1

Report Due date Contents Reference

Preconstruction report ...... Prior to commencing construction • Statement of intent to construct § 60.2190.

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Report Due date Contents Reference

• Anticipated date of commencement of construction. • Documentation for siting requirements. • Waste management plan ...... • Anticipated date of initial startup. Startup notification ...... Prior to initial startup ...... • Type of waste to be burned ..... § 60.2195. • Maximum design waste burning capacity. • Anticipated maximum charge rate. • If applicable, the petition for site-specific operating limits. Initial test report ...... No later than 60 days following • Complete test report for the ini- § 60.2200. the initial performance test. tial performance test. • The values for the site-specific operating limits. • Installation of bag leak detection system for fabric filter. Annual report ...... No later than 12 months following • Name and address ...... §§ 60.2205 and 60.2210. the submission of the initial test • Statement and signature by re- report. Subsequent reports are sponsible official. to be submitted no more than • Date of report ...... 12 months following the pre- • Values for the operating limits .. vious report. • Highest recorded 3-hour average and the lowest 3-hour average, as applicable, (or 30-day average, if applicable) for each operating parameter recorded for the calendar year being reported. • For each performance test conducted during the reporting period, if any performance test is conducted, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted. • If a performance test was not conducted during the reporting period, a statement that the requirements of § 60.2155(a) were met. • Documentation of periods when all qualified CISWI operators were unavailable for more than 8 hours but less than 2 weeks. • If you are conducting performance tests once every 3 years consistent with § 60.2155(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission limit threshold required in § 60.2155(a) and a statement as to whether there have been any operational changes since the last performance test that could increase emissions. • Any malfunction, deviation, or continuous monitoring system out of control periods information as specified in § 60.2210(k) through (o).

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Report Due date Contents Reference

Emission limitation or oper- By August 1 of that year for data • Dates and times of deviation .... § 60.2215 and 60.2220. ating limit deviation re- collected during the first half of • Averaged and recorded data for port. the calendar year. By February those dates. 1 of the following year for data • Duration and causes of each collected during the second half deviation and the corrective ac- of the calendar year. tions taken. • Copy of operating limit monitoring data and, if any performance test was conducted that documents emission levels, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted. • Dates, times and causes for monitor downtime incidents. Qualified operator devi- Within 10 days of deviation ...... • Statement of cause of deviation § 60.2225(a)(1). ation notification. • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. Qualified operator devi- Every 4 weeks following deviation • Description of efforts to have § 60.2225(a)(2). ation status report. an accessible qualified operator. • The date a qualified operator will be accessible. • Request for approval to continue operation. Qualified operator devi- Prior to resuming operation ...... • Notification that you are resum- § 60.2225(b). ation notification of re- ing operation. sumed operation. 1 This table is only a summary, see the referenced sections of the rule for the complete requirements.

TABLE 5 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RE- CONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013

You must meet this And determining compliance using For the air pollutant Using this averaging time 2 emission limitation 1 this method 2

Cadmium ...... 0.0023 milligrams 3-run average (collect a minimum vol- Performance test (Method 29 at 40 per dry standard ume of 4 dry standard cubic meter CFR part 60, appendix A–8 of this cubic meter. per run). part). Use ICPMS for the analytical finish. Carbon monoxide .... 17 parts per million 3-run average (1 hour minimum sample Performance test (Method 10 at 40 by dry volume. time per run). CFR part 60, appendix A–4). Dioxin/furan (Total 0.58 nanograms per 3-run average (collect a minimum vol- Performance test (Method 23 at 40 Mass Basis). dry standard ume of 4 dry standard cubic meters CFR part 60, appendix A–7). cubic meter. per run). Dioxin/furan (toxic 0.13 nanograms per 3-run average (collect a minimum vol- Performance test (Method 23 at 40 equivalency basis). dry standard ume of 4 dry standard cubic meter CFR part 60, appendix A–7). cubic meter. per run). Fugitive ash ...... Visible emissions Three 1-hour observation periods ...... Visible emission test (Method 22 at 40 for no more than CFR part 60, appendix A–7). 5 percent of the hourly observation period. Hydrogen chloride ... 0.091 parts per mil- 3-run average (For Method 26, collect a Performance test (Method 26 or 26A at lion by dry vol- minimum volume of 360 liters per run. 40 CFR part 60, appendix A–8). ume. For Method 26A, collect a minimum volume of 3 dry standard cubic meters per run). Lead ...... 0.015 milligrams 3-run average (collect a minimum vol- Performance test (Method 29 of appen- per dry standard ume of 4 dry standard cubic meters dix A–8 at 40 CFR part 60). Use cubic meter. per run). ICPMS for the analytical finish. Mercury ...... 0.00084 milligrams 3-run average (collect enough volume Performance test (Method 29 or 30B at per dry standard to meet a detection limit data quality 40 CFR part 60, appendix A–8) or cubic meter. objective of 0.03 ug/dry standard ASTM D6784–02 (Reapproved cubic meter). 2008).3 Nitrogen oxides ...... 23 parts per million 3-run average (for Method 7E, 1 hour Performance test (Method 7 or 7E at 40 dry volume. minimum sample time per run). CFR part 60, appendix A–4).

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You must meet this And determining compliance using For the air pollutant Using this averaging time 2 emission limitation 1 this method 2

Particulate matter 18 milligrams per 3-run average (collect a minimum vol- Performance test (Method 5 or 29 at 40 (filterable). dry standard ume of 2 dry standard cubic meters CFR part 60, appendix A–3 or appen- cubic meter. per run). dix A–8 at 40 CFR part 60). Sulfur dioxide ...... 11 parts per million 3-run average (1 hour minimum sample Performance test (Method 6 or 6C at 40 dry volume. time per run). CFR part 60, appendix A–4). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2145 and 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17.

TABLE 6 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR ENERGY RECOV- ERY UNITS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COM- MENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013

You must meet this emission limitation 1 And determining compli- For the air Using this aver- ance pollutant aging time 2 Liquid/gas Solids using this method 2

Cadmium ...... 0.023 milligrams Biomass-0.0014 3-run average (col- Performance test (Method per dry standard milligrams per lect a minimum 29 at 40 CFR part 60, cubic meter. dry standard volume of 4 dry appendix A–8). Use cubic meter. standard cubic ICPMS for the analytical Coal-0.0017 milli- meters per run). finish. grams per dry standard cubic meter. Carbon mon- 35 parts per million Biomass-240 parts 3-run average (1 Performance test (Method oxide. dry volume. per million dry hour minimum 10 at 40 CFR part 60, volume. sample time per appendix A–4). Coal-95 parts per run). million dry volume. Dioxin/furans No Total Mass Biomass-0.52 3-run average (col- Performance test (Method (Total Mass Basis limit, must nanograms per lect a minimum 23 at 40 CFR part 60, Basis). meet the toxic dry standard volume of 4 dry appendix A–7). equivalency basis cubic meter. standard cubic limit below. Coal-5.1 meters). nanograms per dry standard cubic meter. Dioxins/furans 0.093 nanograms Biomass-0.076 3-run average (col- Performance test (Method (toxic per dry standard nanograms per lect a minimum 23 of appendix A–7 of equivalency cubic meter. dry standard volume of 4 dry this part). basis). cubic meter 3. standard cubic Coal-0.075 meters per run). nanograms per dry standard cubic meter. Fugitive ash .. Visible emissions Three 1-hour ob- Visible emission Fugitive ash. for no more than servation periods. test (Method 22 5 percent of the at 40 CFR part hourly observa- 60, appendix A– tion period. 7).

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You must meet this emission limitation 1 And determining compli- For the air Using this aver- ance pollutant aging time 2 Liquid/gas Solids using this method 2

Hydrogen 14 parts per million Biomass-0.20 parts 3-run average (For Performance test (Method chloride. dry volume. per million dry Method 26, col- 26 or 26A at 40 CFR volume. lect a minimum part 60, appendix A–8). Coal-58 parts per volume of 360 li- million dry vol- ters per run. For ume. Method 26A, collect a minimum volume of 3 dry standard cubic meters per run). Lead ...... 0.096 milligrams Biomass-0.014 mil- 3-run average (col- Performance test (Method per dry standard ligrams per dry lect a minimum 29 at 40 CFR part 60, cubic meter. standard cubic volume of 4 dry appendix A–8). Use meter. standard cubic ICPMS for the analytical Coal-0.057 milli- meters per run). finish. grams per dry standard cubic meter. Mercury ...... 0.00056 milligrams Biomass-0.0022 3-run average (col- Performance test (Method per dry standard milligrams per lect enough vol- 29 or 30B at 40 CFR cubic meter. dry standard ume to meet an part 60, appendix A–8) cubic meter. in-stack detection or ASTM D6784–02 Coal-0.013 milli- limit data quality (Reapproved 2008).3 grams per dry objective of 0.03 standard cubic ug/dscm). meter. Nitrogen ox- 76 parts per million Biomass-290 parts 3-run average (for Performance test (Method ides. dry volume. per million dry Method 7E, 1 7 or 7E at 40 CFR part volume. hour minimum 60, appendix A–4). Coal-460 parts per sample time per million dry vol- run). ume. Particulate 110 milligrams per Biomass-5.1 milli- 3-run average (col- Performance test (Method matter (fil- dry standard grams per dry lect a minimum 5 or 29 at 40 CFR part terable). cubic meter. standard cubic volume of 1 dry 60, appendix A–3 or ap- meter. standard cubic pendix A–8) if the unit Coal-130 milligrams meter per run). has an annual average per dry standard heat input rate less than cubic meter. 250 MMBtu/hr; or PM CPMS (as specified in § 60.2145(x)) if the unit has an annual average heat input rate equal to or greater than 250 MMBtu/hr. Sulfur dioxide 720 parts per mil- Biomass-7.3 parts 3-run average (for Performance test (Method lion dry volume. per million dry Method 6, collect 6 or 6C at 40 CFR part volume. a minimum of 60 60, appendix A–4). Coal-850 parts per liters, for Method million dry vol- 6C,1 hour min- ume. imum sample time per run). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/ furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit. 2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2145 and 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17.

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TABLE 7 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR WASTE-BURNING KILNS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013

For the air You must meet And determining compli- this emission limi- Using this averaging time 2 pollutant ance using this method 23 tation 1

Cadmium ...... 0.0014 milligrams 3-run average (collect a minimum Performance test (Method per dry stand- volume of 4 dry standard cubic 29 at 40 CFR part 60, ard cubic meter. meters per run). appendix A–8). Use ICPMS for the analytical finish. Carbon monoxide .. 90 (long kilns)/190 3-run average (1 hour minimum Performance test (Method (preheater/ sample time per run). 10 at 40 CFR part 60, precalciner) appendix A–4). parts per million dry volume. Dioxins/furans (total 0.51 nanograms 3-run average (collect a minimum Performance test (Method mass basis). per dry stand- volume of 4 dry standard cubic 23 at 40 CFR part 60, ard cubic meter. meters per run). appendix A–7). Dioxins/furans 0.075 nanograms 3-run average (collect a minimum Performance test (Method (toxic equivalency per dry stand- volume of 4 dry standard cubic 23 at 40 CFR part 60, basis). ard cubic meter. meters). appendix A–7). Hydrogen chloride 3.0 parts per mil- 3-run average (1 hour minimum If a wet scrubber or dry lion dry volume. sample time per run) or 30-day scrubber is used, per- rolling average if HCl CEMS is formance test (Method being used. 321 at 40 CFR part 63, appendix A). If a wet scrubber or dry scrubber is not used, HCl CEMS as specified in § 60.2145(j). Lead ...... 0.014 milligrams 3-run average (collect a minimum Performance test (Method per dry stand- volume of 4 dry standard cubic 29 at 40 CFR part 60, ard cubic meter. meters). appendix A–8). Use ICPMS for the analytical finish. Mercury ...... 0.0037 milligrams 30-day rolling average ...... Mercury CEMS or inte- per dry stand- grated sorbent trap moni- ard cubic meter. toring system (perform- Or ance specification 12A or 21 pounds/million 12B, respectively, of ap- tons of clinker 3. pendix B and procedure 5 of appendix F of this part), as specified in § 60.2145(j). Nitrogen oxides ...... 200 parts per mil- 30-day rolling average ...... Nitrogen oxides CEMS lion dry volume. (performance specification 2 of appendix B and procedure 1 of appendix F of this part). Particulate matter 4.9 milligrams per 30-day rolling average ...... PM CPMS (as specified in (filterable). dry standard § 60.2145(x)). cubic meter. Sulfur dioxide ...... 28 parts per mil- 30-day rolling average ...... Sulfur dioxide CEMS (per- lion dry volume. formance specification 2 of appendix B and procedure 1 of appendix F of this part). 1 All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.

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2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2145 and 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in § 60.2145(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust.

TABLE 8 TO SUBPART CCCC OF PART 60—EMISSION LIMITATIONS FOR SMALL, REMOTE INCINERATORS THAT COMMENCED CONSTRUCTION AFTER JUNE 4, 2010, OR THAT COMMENCED RECONSTRUCTION OR MODIFICATION AFTER AUGUST 7, 2013

You must meet And determining compli- this 2 For the air pollutant emission limita- Using this averaging time ance using this method 2 tion 1

Cadmium ...... 0.67 milligrams 3-run average (collect a minimum Performance test (Method per dry stand- volume of 1 dry standard cubic 29 at 40 CFR part 60, ard cubic meter. meters per run). appendix A–8). Carbon monoxide .. 13 parts per mil- 3-run average (1 hour minimum Performance test (Method lion dry volume. sample time per run). 10 at 40 CFR part 60, appendix A–4). Dioxins/furans (total 1,800 nanograms 3-run average (collect a minimum Performance test (Method mass basis). per dry stand- volume of 1 dry standard cubic 23 at 40 CFR part 60, ard cubic meter. meters per run). appendix A–7). Dioxins/furans 31 nanograms per 3-run average (collect a minimum Performance test (Method (toxic equivalency dry standard volume of 1 dry standard cubic 23 at 40 CFR part 60, basis). cubic meter. meters). appendix A–7). Fugitive ash ...... Visible emissions Three 1-hour observation periods .... Visible emissions test for no more (Method 22 at 40 CFR than 5 percent part 60, appendix A–7). of the hourly observation period. Hydrogen chloride 200 parts per mil- 3-run average (For Method 26, col- Performance test (Method lion by dry vol- lect a minimum volume of 60 liters 26 or 26A at 40 CFR part ume. per run. For Method 26A, collect a 60, appendix A–8). minimum volume of 1 dry standard cubic meter per run). Lead ...... 2.0 milligrams per 3-run average (collect a minimum Performance test (Method dry standard volume of 1 dry standard cubic 29 at 40 CFR part 60, cubic meter. meters). appendix A–8). Use ICPMS for the analytical finish. Mercury ...... 0.0035 milligrams 3-run average (For Method 29 and Performance test (Method per dry stand- ASTM D6784–02 (Reapproved 29 or 30B at 40 CFR part ard cubic meter. 2008) 2, collect a minimum volume 60, appendix A–8) or of 2 dry standard cubic meters per ASTM D6784–02 (Re- run. For Method 30B, collect a approved 2008).3 minimum volume as specified in Method 30B at 40 CFR part 60, appendix A). Nitrogen oxides ...... 170 parts per mil- 3-run average (for Method 7E, 1 Performance test (Method lion dry volume. hour minimum sample time per 7 or 7E at 40 CFR part run). 60, appendix A–4). Particulate matter 270 milligrams per 3-run average (collect a minimum Performance test (Method (filterable). dry standard volume of 1 dry standard cubic 5 or 29 at 40 CFR part cubic meter. meters). 60, appendix A–3 or appendix A–8). Sulfur dioxide ...... 1.2 parts per mil- 3-run average (1 hour minimum Performance test (Method lion dry volume. sample time per run). 6 or 6c at 40 CFR part 60, appendix A–4). 1 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/ furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.

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2 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2145 and 60.2165. As prescribed in § 60.2145(u), if you use a CEMS or an integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 3 Incorporated by reference, see § 60.17.

Subpart DDDD—Emissions Guide- ators that commenced construction lines and Compliance Times after November 30, 1999, but no later for Commercial and Industrial than June 4, 2010, or commenced modification or reconstruction after June 1, Solid Waste Incineration Units 2001 but no later than August 7, 2013. (d) You must submit a state plan to SOURCE: 84 FR 15884, Apr. 16, 2019, unless EPA that meets the requirements of otherwise noted. this subpart and contains the emission limits in tables 7 through 9 of this sub- INTRODUCTION part by February 7, 2014, for CISWIs other than incinerator units that com- § 60.2500 What is the purpose of this subpart? menced construction on or before June 4, 2010, or commenced modification or This subpart establishes emission reconstruction after June 4, 2010 but no guidelines and compliance schedules later than August 7, 2013. for the control of emissions from commercial and industrial solid waste in- § 60.2510 Is a state plan required for cineration units (CISWIs) and air cur- all states? tain incinerators (ACIs). The pollut- No. You are not required to submit a ants addressed by these emission guide- state plan if there are no existing lines are listed in table 2 of this sub- CISWIs in your state, and you submit a part and tables 6 through 9 of this sub- negative declaration letter in place of part. These emission guidelines are de- the state plan. veloped in accordance with sections 111(d) and 129 of the Clean Air Act and § 60.2515 What must I include in my subpart B of this part. state plan? (a) You must include the nine items § 60.2505 Am I affected by this sub- described in paragraphs (a)(1) through part? (9) of this section in your state plan: (a) If you are the Administrator of an (1) Inventory of affected CISWIs, in- air quality program in a state or cluding those that have ceased oper- United States protectorate with one or ation but have not been dismantled; more existing CISWIs that meet the (2) Inventory of emissions from af- criteria in paragraphs (b) through (d) of fected CISWIs in your state; this section, you must submit a state (3) Compliance schedules for each af- plan to U.S. Environmental Protection fected CISWI; Agency (EPA) that implements the (4) Emission limitations, operator emission guidelines contained in this training and qualification require- subpart. ments, a waste management plan, and (b) You must submit a state plan to operating limits for affected CISWIs EPA by December 3, 2001 for inciner- that are at least as protective as the ator units that commenced construc- emission guidelines contained in this tion on or before November 30, 1999 and subpart; that were not modified or recon- (5) Performance testing, record- structed after June 1, 2001. keeping, and reporting requirements; (c) You must submit a state plan (6) Certification that the hearing on that meets the requirements of this the state plan was held, a list of wit- subpart and contains the more strin- nesses and their organizational affili- gent emission limit for the respective ations, if any, appearing at the hear- pollutant in table 6 of this subpart or ing, and a brief written summary of table 1 of subpart CCCC of this part to each presentation or written submis- EPA by February 7, 2014 for inciner- sion;

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(7) Provision for state progress re- but no later than August 7, 2013, then ports to EPA; EPA will develop a federal plan accord- (8) Identification of enforceable state ing to § 60.27 to implement the emission mechanisms that you selected for im- guidelines contained in this subpart. plementing the emission guidelines of Owners and operators of CISWIs not this subpart; and covered by an approved state plan must (9) Demonstration of your state’s comply with the federal plan. The fed- legal authority to carry out the sec- eral plan is an interim action and will tions 111(d) and 129 state plan. be automatically withdrawn when your (b) Your state plan may deviate from state plan is approved. the format and content of the emission guidelines contained in this subpart. § 60.2530 Is there an approval process However, if your state plan does devi- for a negative declaration letter? ate in content, you must demonstrate No. The EPA has no formal review that your state plan is at least as pro- process for negative declaration let- tective as the emission guidelines con- ters. Once your negative declaration tained in this subpart. Your state plan letter has been received, EPA will must address regulatory applicability, place a copy in the public docket and increments of progress for retrofit, op- publish a document in the FEDERAL erator training and qualification, a REGISTER. If, at a later date, an exist- waste management plan, emission lim- ing CISWI is found in your state, the itations, performance testing, oper- federal plan implementing the emis- ating limits, monitoring, record- sion guidelines contained in this sub- keeping and reporting, and ACI re- part would automatically apply to that quirements. CISWI until your state plan is ap- (c) You must follow the requirements proved. of subpart B of this part (Adoption and Submittal of State Plans for Des- § 60.2535 What compliance schedule ignated Facilities) in your state plan. must I include in my state plan? (a) For CISWIs in the incinerator § 60.2520 Is there an approval process subcategory and ACIs that commenced for my state plan? construction on or before November 30, Yes. The EPA will review your state 1999, your state plan must include com- plan according to § 60.27. pliance schedules that require CISWIs in the incinerator subcategory and § 60.2525 What if my state plan is not ACIs to achieve final compliance as ex- approvable? peditiously as practicable after ap- (a) If you do not submit an approv- proval of the state plan but not later able state plan (or a negative declara- than the earlier of the two dates speci- tion letter) by December 2, 2002, EPA fied in paragraphs (a)(1) and (2) of this will develop a federal plan according to section: § 60.27 to implement the emission (1) December 1, 2005; and guidelines contained in this subpart. (2) Three years after the effective Owners and operators of CISWIs not date of state plan approval. covered by an approved state plan must (b) For CISWIs in the incinerator comply with the federal plan. The fed- subcategory and ACIs that commenced eral plan is an interim action and will construction after November 30, 1999, be automatically withdrawn when your but on or before June 4, 2010 or that state plan is approved. commenced reconstruction or modi- (b) If you do not submit an approv- fication on or after June 1, 2001 but no able state plan (or a negative declara- later than August 7, 2013, and for tion letter) to EPA that meets the re- CISWIs in the small remote inciner- quirements of this subpart and con- ator, energy recovery unit, and waste- tains the emission limits in tables 6 burning kiln subcategories that com- through 9 of this subpart for CISWIs menced construction before June 4, that commenced construction on or be- 2010, your state plan must include com- fore June 4, 2010 and incinerator or pliance schedules that require CISWIs ACIs that commenced reconstruction to achieve final compliance as expedi- or modification on or after June 1, 2001 tiously as practicable after approval of

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the state plan but not later than the (a) An acceptable federal plan delega- earlier of the two dates specified in tion request must include the fol- paragraphs (b)(1) and (2) of this section: lowing: (1) February 7, 2018; and (1) A demonstration of adequate re- (2) Three years after the effective sources and legal authority to admin- date of State plan approval. ister and enforce the federal plan; (c) For compliance schedules more (2) The items under § 60.2515(a)(1), (2) than 1 year following the effective date and (7); of State plan approval, State plans (3) Certification that the hearing on must include dates for enforceable in- the state delegation request, similar to crements of progress as specified in the hearing for a state plan submittal, § 60.2580. was held, a list of witnesses and their organizational affiliations, if any, ap- § 60.2540 Are there any state plan re- pearing at the hearing, and a brief quirements for this subpart that written summary of each presentation apply instead of the requirements or written submission; and specified in subpart B? (4) A commitment to enter into a Yes. Subpart B establishes general Memorandum of Agreement with the requirements for developing and proc- Regional Administrator who sets forth the terms, conditions, and effective essing section 111(d) plans. This sub- date of the delegation and that serves part applies instead of the require- as the mechanism for the transfer of ments in subpart B of this part for authority. Additional guidance and in- paragraphs (a) and (b) of this section: formation is given in EPA’s Delegation (a) State plans developed to imple- Manual, Item 7–139, Implementation ment this subpart must be as protec- and Enforcement of 111(d)(2) and 111(d)/ tive as the emission guidelines con- (2)/129(b)(3) federal plans. tained in this subpart. State plans (b) A state with an already approved must require all CISWIs to comply by CISWI Clean Air Act section 111(d)/129 the dates specified in § 60.2535. This ap- state plan is not precluded from receiv- plies instead of the option for case-by- ing EPA approval of a delegation re- case less stringent emission standards quest for the revised federal plan, pro- and longer compliance schedules in viding the requirements of paragraph § 60.24(f); and (a) of this section are met, and at the (b) State plans developed to imple- time of the delegation request, the ment this subpart are required to in- state also requests withdrawal of clude two increments of progress for EPA’s previous state plan approval. the affected CISWIs. These two min- (c) A state’s Clean Air Act section imum increments are the final control 111(d)/129 obligations are separate from plan submittal date and final compli- its obligations under Title V of the ance date in § 60.21(h)(1) and (5). This Clean Air Act. applies instead of the requirement of § 60.24(e)(1) that would require a state § 60.2542 What authorities will not be plan to include all five increments of delegated to state, local, or tribal progress for all CISWIs. agencies? The authorities that will not be dele- § 60.2541 In lieu of a state plan sub- gated to state, local, or tribal agencies mittal, are there other acceptable are specified in paragraphs (a) through option(s) for a state to meet its (i) of this section: Clean Air Act section 111(d)/ (a) Approval of alternatives to the 129(b)(2) obligations? emission limitations in tables 2, 6, 7, 8, Yes, a state may meet its Clean Air and 9 of this subpart and operating lim- Act section 111(d)/129 obligations by its established under § 60.2675; submitting an acceptable written re- (b) Approval of major alternatives to quest for delegation of the federal plan test methods; that meets the requirements of this (c) Approval of major alternatives to section. This is the only other option monitoring; for a state to meet its Clean Air Act (d) Approval of major alternatives to section 111(d)/129 obligations. recordkeeping and reporting;

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(e) The requirements in § 60.2680; tion on or before June 4, 2010, or com- (f) The requirements in § 60.2665(b)(2); menced modification or reconstruction (g) Approval of alternative opacity after June 4, 2010 but no later than Au- emission limits in § 60.2670 under gust 7, 2013; § 60.11(e)(6) through (8); (2) Incineration units that meet the (h) Performance test and data reduc- definition of a CISWI as defined in tion waivers under § 60.8(b)(4) and (5); § 60.2875 or an ACI as defined in § 60.2875; and and (i) Approval of an alternative to any (3) Incineration units not exempt electronic reporting to the EPA re- under § 60.2555. quired by this subpart. (b) If the owner or operator of a CISWI or ACI makes changes that meet § 60.2545 Does this subpart directly af- the definition of modification or recon- fect CISWI owners and operators in my state? struction after August 7, 2013, the CISWI or ACI becomes subject to sub- (a) No. This subpart does not directly part CCCC of this part and the state affect CISWI owners and operators in plan no longer applies to that unit. your state. However, CISWI owners and (c) If the owner or operator of a operators must comply with the state CISWI or ACI makes physical or oper- plan you develop to implement the ational changes to an existing CISWI emission guidelines contained in this or ACI primarily to comply with your subpart. States may choose to incor- state plan, subpart CCCC of this part porate the model rule text directly in does not apply to that unit. Such their state plan. changes do not qualify as modifications (b) If you do not submit an approv- or reconstructions under subpart CCCC able plan to implement and enforce the of this part. guidelines contained in this subpart for CISWIs that commenced construction § 60.2555 What combustion units are before November 30, 1999 by December exempt from my state plan? 2, 2002, EPA will implement and en- This subpart exempts the types of force a federal plan, as provided in units described in paragraphs (a) § 60.2525, to ensure that each unit with- through (j) of this section, but some in your state reaches compliance with units are required to provide notifica- all the provisions of this subpart by tions. December 1, 2005. (c) If you do not submit an approv- (a) Pathological waste incineration able plan to implement and enforce the units. Incineration units burning 90 guidelines contained in this subpart by percent or more by weight (on a cal- February 7, 2014, for CISWIs that com- endar quarter basis and excluding the menced construction on or before June weight of auxiliary fuel and combus- 4, 2010, EPA will implement and en- tion air) of pathological waste, low- force a federal plan, as provided in level radioactive waste, and/or § 60.2525, to ensure that each unit with- chemotherapeutic waste as defined in in your state that commenced con- § 60.2875 are not subject to this subpart struction on or before June 4, 2010, if you meet the two requirements spec- reaches compliance with all the provi- ified in paragraphs (a)(1) and (2) of this sions of this subpart by February 7, section: 2018. (1) Notify the Administrator that the unit meets these criteria; and APPLICABILITY OF STATE PLANS (2) Keep records on a calendar quarter basis of the weight of pathological § 60.2550 What CISWIs must I address waste, low-level radioactive waste, and/ in my state plan? or chemotherapeutic waste burned, and (a) Your state plan must address in- the weight of all other fuels and wastes cineration units that meet all three burned in the unit. criteria described in paragraphs (a)(1) (b) Municipal waste combustion units. through (3) of this section: Incineration units that are subject to (1) Commercial and industrial solid subpart Ea of this part (Standards of waste incineration units and ACIs in Performance for Municipal Waste Com- your state that commenced construc- bustors); subpart Eb of this part

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(Standards of Performance for Large (f) Hazardous waste combustion units. Municipal Waste Combustors); subpart Units for which you are required to get Cb of this part (Emission Guidelines a permit under section 3005 of the Solid and Compliance Time for Large Munic- Waste Disposal Act. ipal Combustors); AAAA of this part (g) Materials recovery units. Units that (Standards of Performance for Small combust waste for the primary purpose Municipal Waste Combustion Units); or of recovering metals, such as primary subpart BBBB of this part (Emission and secondary smelters. Guidelines for Small Municipal Waste (h) Sewage treatment plants. Inciner- Combustion Units). ation units regulated under subpart O (c) Medical waste incineration units. of this part (Standards of Performance Incineration units regulated under sub- for Sewage Treatment Plants). part Ec of this part (Standards of Per- (i) Sewage sludge incineration units. In- formance for Hospital/Medical/Infec- cineration units combusting sewage tious Waste Incinerators for Which sludge for the purpose of reducing the Construction is Commenced After June volume of the sewage sludge by remov- 20, 1996) or subpart Ca of this part ing combustible matter that are sub- (Emission Guidelines and Compliance ject to subpart LLLL of this part Times for Hospital/Medical/Infectious (Standards of Performance for New Waste Incinerators). Sewage Sludge Incineration Units) or (d) Small power production facilities. subpart MMMM of this part (Emission Units that meet the four requirements Guidelines and Compliance Times for specified in paragraphs (d)(1) through Existing Sewage Sludge Incineration (4) of this section: (1) The unit qualifies as a small Units). power-production facility under sec- (j) Other solid waste incineration units. tion 3(17)(C) of the Federal Power Act Incineration units that are subject to (16 U.S.C. 796(17)(C)); subpart EEEE of this part (Standards (2) The unit burns homogeneous of Performance for Other Solid Waste waste (not including refuse-derived Incineration Units for Which Construc- fuel) to produce electricity; tion is Commenced After December 9, (3) You submit documentation to the 2004, or for Which Modification or Re- Administrator notifying the Agency construction is Commenced on or After that the qualifying small power pro- June 16, 2006) or subpart FFFF of this duction facility is combusting homoge- part (Emission Guidelines and Compli- nous waste; and ance Times for Other Solid Waste In- (4) You maintain the records speci- cineration Units That Commenced Con- fied in § 60.2740(v). struction On or Before December 9, (e) Cogeneration facilities. Units that 2004). meet the four requirements specified in paragraphs (e)(1) through (4) of this USE OF MODEL RULE section: (1) The unit qualifies as a cogenera- § 60.2560 What is the ‘‘model rule’’ in this subpart? tion facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. (a) The model rule is the portion of 796(18)(B)); these emission guidelines (§§ 60.2575 (2) The unit burns homogeneous through 60.2875 of this part) that ad- waste (not including refuse-derived dresses the regulatory requirements fuel) to produce electricity and steam applicable to CISWIs. The model rule or other forms of energy used for indus- provides these requirements in regula- trial, commercial, heating, or cooling tion format. You must develop a state purposes; plan that is at least as protective as (3) You submit documentation to the the model rule. You may use the model Administrator notifying the Agency rule language as part of your state that the qualifying cogeneration facil- plan. Alternative language may be used ity is combusting homogenous waste; in your state plan if you demonstrate and that the alternative language is at (4) You maintain the records speci- least as protective as the model rule fied in § 60.2740(w). contained in this subpart.

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(b) In the model rule of §§ 60.2575 to (a) Notification that the increment of 60.2875, ‘‘you’’ means the owner or oper- progress has been achieved; ator of a CISWI. (b) Any items required to be submitted with each increment of § 60.2565 How does the model rule re- progress; and late to the required elements of my state plan? (c) Signature of the owner or operator of the CISWI. Use the model rule to satisfy the state plan requirements specified in § 60.2590 When must I submit the noti- § 60.2515(a)(4) and (5) of this part. fications of achievement of increments of progress? § 60.2570 What are the principal components of the model rule? Notifications for achieving incre- The model rule contains the eleven ments of progress must be postmarked major components listed in paragraphs no later than 10 business days after the (a) through (k) of this section: compliance date for the increment. (a) Increments of progress toward compliance; § 60.2595 What if I do not meet an in- (b) Waste management plan; crement of progress? (c) Operator training and qualifica- If you fail to meet an increment of tion; progress, you must submit a notifica- (d) Emission limitations and oper- tion to the Administrator postmarked ating limits; within 10 business days after the date (e) Performance testing; for that increment of progress in table (f) Initial compliance requirements; 1 of this subpart. You must inform the (g) Continuous compliance require- Administrator that you did not meet ments; the increment, and you must continue (h) Monitoring; (i) Recordkeeping and reporting; to submit reports each subsequent cal- (j) Definitions; and endar month until the increment of (k) Tables. progress is met.

MODEL RULE—INCREMENTS OF § 60.2600 How do I comply with the in- PROGRESS crement of progress for submittal of a control plan? § 60.2575 What are my requirements For your control plan increment of for meeting increments of progress and achieving final compliance? progress, you must satisfy the two requirements specified in paragraphs (a) If you plan to achieve compliance and (b) of this section: more than 1 year following the effec- (a) Submit the final control plan that tive date of state plan approval, you includes the five items described in must meet the two increments of progress specified in paragraphs (a) and paragraphs (a)(1) through (5) of this (b) of this section: section: (a) Submit a final control plan; and (1) A description of the devices for air (b) Achieve final compliance. pollution control and process changes that you will use to comply with the § 60.2580 When must I complete each emission limitations and other require- increment of progress? ments of this subpart; Table 1 of this subpart specifies com- (2) The type(s) of waste to be burned; pliance dates for each of the incre- (3) The maximum design waste burn- ments of progress. ing capacity; (4) The anticipated maximum charge § 60.2585 What must I include in the notifications of achievement of in- rate; and crements of progress? (5) If applicable, the petition for site- Your notification of achievement of specific operating limits under § 60.2680. increments of progress must include (b) Maintain an onsite copy of the the three items specified in paragraphs final control plan. (a) through (c) of this section:

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§ 60.2605 How do I comply with the in- § 60.2630 What should I include in my crement of progress for achieving waste management plan? final compliance? A waste management plan must in- For the final compliance increment clude consideration of the reduction or of progress, you must complete all separation of waste-stream elements process changes and retrofit construc- such as paper, cardboard, plastics, tion of control devices, as specified in glass, batteries, or metals; or the use of the final control plan, so that, if the af- recyclable materials. The plan must fected CISWI is brought online, all nec- identify any additional waste manage- essary process changes and air pollu- ment measures, and the source must tion control devices would operate as implement those measures considered designed. practical and feasible, based on the effectiveness of waste management § 60.2610 What must I do if I close my measures already in place, the costs of CISWI and then restart it? additional measures, the emissions reductions expected to be achieved, and (a) If you close your CISWI but will any other environmental or energy im- restart it prior to the final compliance pacts they might have. date in your state plan, you must meet the increments of progress specified in MODEL RULE—OPERATOR TRAINING AND § 60.2575. QUALIFICATION (b) If you close your CISWI but will restart it after your final compliance § 60.2635 What are the operator train- date, you must complete emission con- ing and qualification requirements? trol retrofits and meet the emission (a) No CISWI can be operated unless limitations and operating limits on the a fully trained and qualified CISWI op- date your unit restarts operation. erator is accessible, either at the facility or can be at the facility within 1 § 60.2615 What must I do if I plan to hour. The trained and qualified CISWI permanently close my CISWI and operator may operate the CISWI di- not restart it? rectly or be the direct supervisor of one If you plan to close your CISWI rath- or more other plant personnel who oper than comply with the state plan, erate the unit. If all qualified CISWI submit a closure notification, includ- operators are temporarily not acces- ing the date of closure, to the Adminis- sible, you must follow the procedures trator by the date your final control in § 60.2665. plan is due. (b) Operator training and qualification must be obtained through a state- MODEL RULE—WASTE MANAGEMENT approved program or by completing the PLAN requirements included in paragraph (c) of this section. § 60.2620 What is a waste management (c) Training must be obtained by plan? completing an incinerator operator A waste management plan is a writ- training course that includes, at a min- ten plan that identifies both the feasi- imum, the three elements described in bility and the methods used to reduce paragraphs (c)(1) through (3) of this section: or separate certain components of solid waste from the waste stream in order (1) Training on the eleven subjects listed in paragraphs (c)(1)(i) through to reduce or eliminate toxic emissions (xi) of this section: from incinerated waste. (i) Environmental concerns, includ- § 60.2625 When must I submit my ing types of emissions; waste management plan? (ii) Basic combustion principles, including products of combustion; You must submit a waste manage- (iii) Operation of the specific type of ment plan no later than the date speci- incinerator to be used by the operator, fied in table 1 of this subpart for sub- including proper startup, waste charg- mittal of the final control plan. ing, and shutdown procedures;

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(iv) Combustion controls and moni- five topics described in paragraphs (a) toring; through (e) of this section: (v) Operation of air pollution control (a) Update of regulations; equipment and factors affecting per- (b) Incinerator operation, including formance (if applicable); startup and shutdown procedures, (vi) Inspection and maintenance of waste charging, and ash handling; the incinerator and air pollution con- (c) Inspection and maintenance; trol devices; (d) Prevention and correction of mal- (vii) Actions to prevent and correct functions or conditions that may lead malfunctions or to prevent conditions to malfunction; and that may lead to malfunctions; (e) Discussion of operating problems (viii) Bottom and fly ash characteris- encountered by attendees. tics and handling procedures; § 60.2655 How do I renew my lapsed (ix) Applicable federal, state, and operator qualification? local regulations, including Occupa- tional Safety and Health Administra- You must renew a lapsed operator tion workplace standards; qualification by one of the two meth- (x) Pollution prevention; and ods specified in paragraphs (a) and (b) (xi) Waste management practices. of this section: (a) For a lapse of less than 3 years, (2) An examination designed and ad- you must complete a standard annual ministered by the instructor. refresher course described in § 60.2650; (3) Written material covering the and training course topics that can serve as (b) For a lapse of 3 years or more, reference material following comple- you must repeat the initial qualification of the course. tion requirements in § 60.2645(a).

§ 60.2640 When must the operator § 60.2660 What site-specific docu- training course be completed? mentation is required? The operator training course must be (a) Documentation must be available completed by the later of the three at the facility and readily accessible dates specified in paragraphs (a) for all CISWI operators that addresses through (c) of this section: the ten topics described in paragraphs (a) The final compliance date (Incre- (a)(1) through (10) of this section. You ment 2); must maintain this information and (b) Six months after CISWI startup; the training records required by para- and graph (c) of this section in a manner (c) Six months after an employee as- that they can be readily accessed and sumes responsibility for operating the are suitable for inspection upon re- CISWI or assumes responsibility for su- quest: pervising the operation of the CISWI. (1) Summary of the applicable standards under this subpart; § 60.2645 How do I obtain my operator (2) Procedures for receiving, han- qualification? dling, and charging waste; (a) You must obtain operator quali- (3) Incinerator startup, shutdown, fication by completing a training and malfunction procedures; course that satisfies the criteria under (4) Procedures for maintaining proper § 60.2635(b). combustion air supply levels; (b) Qualification is valid from the (5) Procedures for operating the in- date on which the training course is cinerator and associated air pollution completed and the operator success- control systems within the standards fully passes the examination required established under this subpart; under § 60.2635(c)(2). (6) Monitoring procedures for demonstrating compliance with the incin- § 60.2650 How do I maintain my oper- erator operating limits; ator qualification? (7) Reporting and recordkeeping pro- To maintain qualification, you must cedures; complete an annual review or refresher (8) The waste management plan re- course covering, at a minimum, the quired under §§ 60.2620 through 60.2630;

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(9) Procedures for handling ash; and within 1 hour), you must meet one of (10) A list of the wastes burned dur- the two criteria specified in paragraphs ing the performance test. (a) and (b) of this section, depending on (b) You must establish a program for the length of time that a qualified op- reviewing the information listed in erator is not accessible: paragraph (a) of this section with each (a) When all qualified operators are incinerator operator: not accessible for more than 8 hours, (1) The initial review of the informa- but less than 2 weeks, the CISWI may tion listed in paragraph (a) of this sec- be operated by other plant personnel tion must be conducted by the later of familiar with the operation of the the three dates specified in paragraphs CISWI who have completed a review of (b)(1)(i) through (iii) of this section: the information specified in § 60.2660(a) (i) The final compliance date (Incre- within the past 12 months. However, ment 2); you must record the period when all (ii) Six months after CISWI startup; qualified operators were not accessible and and include this deviation in the an- (iii) Six months after being assigned nual report as specified under § 60.2770; to operate the CISWI. (b) When all qualified operators are (2) Subsequent annual reviews of the not accessible for 2 weeks or more, you information listed in paragraph (a) of must take the two actions that are de- this section must be conducted no later scribed in paragraphs (b)(1) and (2) of than 12 months following the previous this section: review. (1) Notify the Administrator of this (c) You must also maintain the infor- deviation in writing within 10 days. In mation specified in paragraphs (c)(1) the notice, state what caused this devi- through (3) of this section: ation, what you are doing to ensure (1) Records showing the names of that a qualified operator is accessible, CISWI operators who have completed and when you anticipate that a quali- review of the information in § 60.2660(a) fied operator will be accessible; and as required by § 60.2660(b), including the date of the initial review and all subse- (2) Submit a status report to the Ad- quent annual reviews; ministrator every 4 weeks outlining (2) Records showing the names of the what you are doing to ensure that a CISWI operators who have completed qualified operator is accessible, stating the operator training requirements when you anticipate that a qualified under § 60.2635, met the criteria for operator will be accessible and request- qualification under § 60.2645, and maining approval from the Administrator to tained or renewed their qualification continue operation of the CISWI. You under § 60.2650 or § 60.2655. Records must must submit the first status report 4 include documentation of training, the weeks after you notify the Adminis- dates of the initial refresher training, trator of the deviation under paragraph and the dates of their qualification and (b)(1) of this section. If the Adminis- all subsequent renewals of such quali- trator notifies you that your request to fications; and continue operation of the CISWI is dis- (3) For each qualified operator, the approved, the CISWI may continue op- phone and/or pager number at which eration for 90 days, then must cease op- they can be reached during operating eration. Operation of the unit may re- hours. sume if you meet the two requirements in paragraphs (b)(2)(i) and (ii) of this § 60.2665 What if all the qualified oper- section: ators are temporarily not acces- (i) A qualified operator is accessible sible? as required under § 60.2635(a); and If all qualified operators are tempo- (ii) You notify the Administrator rarily not accessible (i.e., not at the fa- that a qualified operator is accessible cility and not able to be at the facility and that you are resuming operation.

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MODEL RULE—EMISSION LIMITATIONS perage to the wet scrubber, which is AND OPERATING LIMITS calculated as the lowest 1-hour average amperage to the wet scrubber meas- § 60.2670 What emission limitations ured during the most recent perform- must I meet and by when? ance test demonstrating compliance (a) You must meet the emission limi- with the particulate matter emission tations for each CISWI, including by- limitations. pass stack or vent, specified in table 2 (3) Minimum scrubber liquid flow of this subpart or tables 6 through 9 of rate, which is calculated as the lowest this subpart by the final compliance 1-hour average liquid flow rate at the date under the approved state plan, inlet to the wet acid gas or particulate federal plan, or delegation, as applica- matter scrubber measured during the ble. The emission limitations apply at most recent performance test dem- all times the unit is operating includ- onstrating compliance with all applica- ing and not limited to startup, shut- ble emission limitations. down, or malfunction. (b) Units that do not use wet scrub- (4) Minimum scrubber liquor pH, bers must maintain opacity to less which is calculated as the lowest 1- than or equal to the percent opacity hour average liquor pH at the inlet to (three 1-hour blocks consisting of ten 6- the wet acid gas scrubber measured minute average opacity values) speci- during the most recent performance fied in table 2 of this subpart, as appli- test demonstrating compliance with cable. the hydrogen chloride (HCl) emission limitation. § 60.2675 What operating limits must I (b) You must meet the operating lim- meet and by when? its established on the date that the (a) If you use a wet scrubber(s) to performance test report is submitted to comply with the emission limitations, the EPA’s Central Data Exchange or you must establish operating limits for postmarked, per the requirements of up to four operating parameters (as § 60.2795(b). specified in table 3 of this subpart) as (c) If you use a fabric filter to comply described in paragraphs (a)(1) through with the emission limitations and you (4) of this section during the initial do not use a particulate matter (PM) performance test: continuous parameter monitoring sys- (1) Maximum charge rate, calculated tem (CPMS) for monitoring PM com- using one of the two different proce- pliance, you must operate each fabric dures in paragraph (a)(1)(i) or (ii) of filter system such that the bag leak de- this section, as appropriate: tection system alarm does not sound (i) For continuous and intermittent more than 5 percent of the operating units, maximum charge rate is 110 per- time during a 6-month period. In calcu- cent of the average charge rate meas- lating this operating time percentage, ured during the most recent performance test demonstrating compliance if inspection of the fabric filter dem- with all applicable emission limita- onstrates that no corrective action is tions; and required, no alarm time is counted. If (ii) For batch units, maximum charge corrective action is required, each rate is 110 percent of the daily charge alarm shall be counted as a minimum rate measured during the most recent of 1 hour. If you take longer than 1 performance test demonstrating com- hour to initiate corrective action, the pliance with all applicable emission alarm time shall be counted as the ac- limitations. tual amount of time taken by you to (2) Minimum pressure drop across the initiate corrective action. wet particulate matter scrubber, which (d) If you use an electrostatic precipi- is calculated as the lowest 1-hour aver- tator to comply with the emission lim- age pressure drop across the wet scrub- itations and you do not use a PM ber measured during the most recent CPMS for monitoring PM compliance, performance test demonstrating com- you must measure the (secondary) pliance with the particulate matter voltage and amperage of the electro- emission limitations; or minimum am- static precipitator collection plates

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during the particulate matter perform- tiply your sorbent injection rate by the ance test. Calculate the average elec- load fraction, as defined in this sub- tric power value (secondary voltage × part, to determine the required injec- secondary current = secondary electric tion rate (e.g., for 50 percent load, mul- power) for each test run. The operating tiply the injection rate operating limit limit for the electrostatic precipitator by 0.5). is calculated as the lowest 1-hour aver- (h) If you do not use a wet scrubber, age secondary electric power measured electrostatic precipitator, or fabric fil- during the most recent performance ter to comply with the emission limita- test demonstrating compliance with tions, and if you do not determine com- the particulate matter emission limi- pliance with your particulate matter tations. emission limitation with either a par- (e) If you use activated carbon sor- ticulate matter CEMS or a particulate bent injection to comply with the matter CPMS, you must maintain emission limitations, you must meas- opacity to less than or equal to ten ure the sorbent flow rate during the percent opacity (1-hour block average). performance testing. The operating (i) If you use a PM CPMS to dem- limit for the carbon sorbent injection onstrate compliance, you must estab- is calculated as the lowest 1-hour aver- lish your PM CPMS operating limit age sorbent flow rate measured during and determine compliance with it ac- the most recent performance test dem- cording to paragraphs (i)(1) through (5) onstrating compliance with the mer- of this section: cury emission limitations. For energy (1) During the initial performance recovery units, when your unit oper- test or any such subsequent perform- ates at lower loads, multiply your sor- ance test that demonstrates compli- bent injection rate by the load frac- ance with the PM limit, record all tion, as defined in this subpart, to de- hourly average output values termine the required injection rate (milliamps, or the digital signal equiv- (e.g., for 50 percent load, multiply the alent) from the PM CPMS for the peri- injection rate operating limit by 0.5). ods corresponding to the test runs (e.g., (f) If you use selective noncatalytic three 1-hour average PM CPMS output reduction to comply with the emission values for three 1-hour test runs): limitations, you must measure the (i) Your PM CPMS must provide a4– charge rate, the secondary chamber 20 milliamp output, or the digital sig- temperature (if applicable to your nal equivalent, and the establishment CISWI), and the reagent flow rate dur- of its relationship to manual reference ing the nitrogen oxides performance method measurements must be deter- testing. The operating limits for the mined in units of milliamps or digital selective noncatalytic reduction are bits; calculated as the highest 1-hour aver- (ii) Your PM CPMS operating range age charge rate, lowest secondary must be capable of reading PM con- chamber temperature, and lowest rea- centrations from zero to a level equiva- gent flow rate measured during the lent to at least two times your allow- most recent performance test dem- able emission limit. If your PM CPMS onstrating compliance with the nitro- is an auto-ranging instrument capable gen oxides emission limitations. of multiple scales, the primary range (g) If you use a dry scrubber to com- of the instrument must be capable of ply with the emission limitations, you reading PM concentration from zero to must measure the injection rate of a level equivalent to two times your al- each sorbent during the performance lowable emission limit; and testing. The operating limit for the in- (iii) During the initial performance jection rate of each sorbent is cal- test or any such subsequent perform- culated as the lowest 1-hour average ance test that demonstrates compli- injection rate of each sorbent measured ance with the PM limit, record and av- during the most recent performance erage all milliamp output values, or test demonstrating compliance with their digital equivalent, from the PM the hydrogen chloride emission limita- CPMS for the periods corresponding to tions. For energy recovery units, when the compliance test runs (e.g., average your unit operates at lower loads, mul- all your PM CPMS output values for

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three corresponding 2-hour Method 5I moving the extractive probe from the test runs). stack and drawing in clean ambient (2) If the average of your three PM air; performance test runs are below 75 per- (C) The zero point can also can be es- cent of your PM emission limit, you tablished obtained by performing man- must calculate an operating limit by ual reference method measurements establishing a relationship of PM when the flue gas is free of PM emis- CPMS signal to PM concentration sions or contains very low PM con- using the PM CPMS instrument zero, centrations (e.g., when your process is the average PM CPMS output values not operating, but the fans are oper- corresponding to the three compliance ating or your source is combusting test runs, and the average PM con- only natural gas) and plotting these centration from the Method 5 or performance test with the procedures in with the compliance data to find the (i)(1)through (5) of this section: zero intercept; and (i) Determine your instrument zero (D) If none of the steps in paragraphs output with one of the following proce- (i)(2)(i)(A) through (C) of this section dures: are possible, you must use a zero out- (A) Zero point data for in-situ instru- put value provided by the manufac- ments should be obtained by removing turer. the instrument from the stack and (ii) Determine your PM CPMS instru- monitoring ambient air on a test ment average in milliamps, or the dig- bench; ital equivalent, and the average of your (B) Zero point data for extractive in- corresponding three PM compliance struments should be obtained by retest runs, using equation 1:

Where: (iii) With your instrument zero ex-

X1 = the PM CPMS output data points for pressed in milliamps, or the digital the three runs constituting the perform- equivalent, your three run average PM ance test, CPMS milliamp value, or its digital Y1 = the PM concentration value for the equivalent, and your three run average three runs constituting the performance PM concentration from your three test, and compliance tests, determine a relation- n = the number of data points. ship of mg/dscm per milliamp or digital signal equivalent, with equation 2:

Where: Y1 = the three run average mg/dscm PM con- R = the relative mg/dscm per milliamp, or centration, the digital equivalent, for your PM X1 = the three run average milliamp output, CPMS, or the digital equivalent, from you PM CPMS, and

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z = the milliamp or digital signal equivalent or per digital signal equivalent, from of your instrument zero determined from equation 2 in equation 3, below. This paragraph (i)(2)(i) of this section. sets your operating limit at the PM (iv) Determine your source specific CPMS output value corresponding to 75 30-day rolling average operating limit percent of your emission limit: using the mg/dscm per milliamp value,

Where: percent of your PM emission limit you

Ol = the operating limit for your PM CPMS must determine your operating limit on a 30-day rolling average, in milliamps by averaging the PM CPMS milliamp or their digital signal equivalent, or digital signal output corresponding L = your source emission limit expressed in mg/dscm, to your three PM performance test z = your instrument zero in milliamps or dig- runs that demonstrate compliance with ital equivalent, determined from para- the emission limit using equation 4 and graph (i)(2)(i) of this section, and you must submit all compliance test R = the relative mg/dscm per milliamp, or and PM CPMS data according to the per digital signal output equivalent, for your PM CPMS, from equation 2. reporting requirements in paragraph (3) If the average of your three PM (i)(5) of this section: compliance test runs is at or above 75

Where: (5) For PM performance test reports

X1 = the PM CPMS data points for all runs i, used to set a PM CPMS operating n = the number of data points, and limit, the electronic submission of the Oh = your site specific operating limit, in test report must also include the make milliamps or digital signal equivalent. and model of the PM CPMS instru- (4) To determine continuous compli- ment, serial number of the instrument, ance, you must record the PM CPMS analytical principle of the instrument output data for all periods when the (e.g., beta attenuation), span of the in- process is operating and the PM CPMS struments primary analytical range, is not out-of-control. You must dem- milliamp or digital signal value equiv- onstrate continuous compliance by alent to the instrument zero output, using all quality-assured hourly aver- technique by which this zero value was age data collected by the PM CPMS for determined, and the average milliamp all operating hours to calculate the or digital signals corresponding to each arithmetic average operating param- PM compliance test run. eter in units of the operating limit (e.g., milliamps or digital signal bits, PM concentration, raw data signal) on a 30-day rolling average basis.

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§ 60.2680 What if I do not use a wet ative accuracy and precision of these scrubber, fabric filter, activated methods and instruments; and carbon injection, selective noncata- (5) A discussion identifying the fre- lytic reduction, an electrostatic pre- quency and methods for recalibrating cipitator, or a dry scrubber to com- the instruments you will use for moni- ply with the emission limitations? toring these parameters. (a) If you use an air pollution control (b) [Reserved] device other than a wet scrubber, activated carbon injection, selective non- MODEL RULE—PERFORMANCE TESTING catalytic reduction, fabric filter, an electrostatic precipitator, or a dry § 60.2690 How do I conduct the initial scrubber or limit emissions in some and annual performance test? other manner, including mass balances, (a) All performance tests must con- to comply with the emission limita- sist of a minimum of three test runs tions under § 60.2670, you must petition conducted under conditions representa- the EPA Administrator for specific op- tive of normal operations. erating limits to be established during (b) You must document that the the initial performance test and con- waste burned during the performance tinuously monitored thereafter. You test is representative of the waste must submit the petition at least sixty burned under normal operating condi- days before the performance test is tions by maintaining a log of the quan- scheduled to begin. Your petition must tity of waste burned (as required in include the five items listed in para- § 60.2740(b)(1)) and the types of waste graphs (a)(1) through (5) of this section: burned during the performance test. (1) Identification of the specific pa- (c) All performance tests must be rameters you propose to use as addi- conducted using the minimum run du- tional operating limits; ration specified in tables 2 and 6 (2) A discussion of the relationship through 9 of this subpart. between these parameters and emis- (d) Method 1 of appendix A of this sions of regulated pollutants, identi- part must be used to select the sam- fying how emissions of regulated pol- pling location and number of traverse lutants change with changes in these points. parameters and how limits on these pa- (e) Method 3A or 3B of appendix A of rameters will serve to limit emissions this part must be used for gas composi- of regulated pollutants; tion analysis, including measurement (3) A discussion of how you will es- of oxygen concentration. Method 3A or tablish the upper and/or lower values 3B of appendix A of this part must be for these parameters which will estab- used simultaneously with each method lish the operating limits on these pa- (except when using Method 9 and Meth- rameters; od 22). (4) A discussion identifying the meth- (f) All pollutant concentrations, ex- ods you will use to measure and the in- cept for opacity, must be adjusted to 7 struments you will use to monitor percent oxygen using equation 5 of this these parameters, as well as the rel- section:

Where: %O2 = oxygen concentration measured on a dry basis, percent. Cadj = pollutant concentration adjusted to 7 percent oxygen; (g) You must determine dioxins/ Cmeas = pollutant concentration measured on furans toxic equivalency by following a dry basis; (20.9¥7) = 20.9 percent oxygen¥7 percent ox- the procedures in paragraphs (g)(1) ygen (defined oxygen correction basis); through (4) of this section: 20.9 = oxygen concentration in air, percent; (1) Measure the concentration of each and dioxin/furan tetra- through octa-isomer

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emitted using EPA Method 23 at 40 identification criteria 1 or 7 of Section CFR part 60, appendix A; 5.3.2.5.); and (2) Quantify isomers meeting identi- (3) Sum the quantities measured in fication criteria 2, 3, 4, and 5 in Section accordance with paragraphs (j)(1) and 5.3.2.5 of Method 23, regardless of (2) of this section to obtain the total whether the isomers meet identifica- concentration of dioxins/furans emitted tion criteria 1 and 7. You must quan- in terms of total mass basis. tify the isomers per Section 9.0 of Method 23. [Note: You may reanalyze § 60.2695 How are the performance the sample aliquot or split to reduce test data used? the number of isomers not meeting You use results of performance tests identification criteria 1 or 7 of Section to demonstrate compliance with the 5.3.2.5.]; emission limitations in table 2 of this (3) For each dioxin/furan (tetra- subpart or tables 6 through 9 of this through octa-chlorinated) isomer subpart. measured in accordance with paragraph (g)(1) and (2) of this section, mul- MODEL RULE—INITIAL COMPLIANCE tiply the isomer concentration by its REQUIREMENTS corresponding toxic equivalency factor specified in table 4 of this subpart; and § 60.2700 How do I demonstrate initial compliance with the amended emis- (4) Sum the products calculated in sion limitations and establish the accordance with paragraph (g)(3) of operating limits? this section to obtain the total con- (a) You must conduct a performance centration of dioxins/furans emitted in test, as required under §§ 60.2670 and terms of toxic equivalency. 60.2690, to determine compliance with (h) Method 22 at 40 CFR part 60, ap- the emission limitations in table 2 of pendix A–7 must be used to determine this subpart and tables 6 through 9 of compliance with the fugitive ash emis- this subpart, to establish compliance sion limit in table 2 of this subpart or with any opacity operating limits in tables 6 through 9 of this subpart. § 60.2675, to establish the kiln-specific (i) If you have an applicable opacity emission limit in § 60.2710(y), as appli- operating limit, you must determine cable, and to establish operating limits compliance with the opacity limit using the procedures in § 60.2675 or using Method 9 at 40 CFR part 60, ap- § 60.2680. The performance test must be pendix A–4, based on three 1-hour conducted using the test methods list- blocks consisting of ten 6-minute aver- ed in table 2 of this subpart and tables age opacity values, unless you are re- 6 through 9 of this subpart and the pro- quired to install a continuous opacity cedures in § 60.2690. The use of the by- monitoring system, consistent with pass stack during a performance test § 60.2710 and § 60.2730. shall invalidate the performance test. (j) You must determine dioxins/ (b) As an alternative to conducting a furans total mass basis by following performance test, as required under the procedures in paragraphs (j)(1) §§ 60.2690 and 60.2670, you may use a 30- through (3) of this section: day rolling average of the 1-hour arith- (1) Measure the concentration of each metic average CEMS data, including dioxin/furan tetra- through octa- CEMS data during startup and shut- chlorinated isomer emitted using EPA down as defined in this subpart, to de- Method 23 at 40 CFR part 60, appendix termine compliance with the emission A–7; limitations in Table 1 of this subpart (2) Quantify isomers meeting identi- or Tables 5 through 8 of this subpart. fication criteria 2, 3, 4, and 5 in Section You must conduct a performance eval- 5.3.2.5 of Method 23, regardless of uation of each continuous monitoring whether the isomers meet identifica- system within 180 days of installation tion criteria 1 and 7. You must quan- of the monitoring system. The initial tify the isomers per Section 9.0 of performance evaluation must be con- Method 23. (Note: You may reanalyze ducted prior to collecting CEMS data the sample aliquot or split to reduce that will be used for the initial compli- the number of isomers not meeting ance demonstration.

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§ 60.2705 By what date must I conduct MODEL RULE—CONTINUOUS COMPLIANCE the initial performance test? REQUIREMENTS (a) The initial performance test must § 60.2710 How do I demonstrate con- be conducted no later than 180 days tinuous compliance with the after your final compliance date. Your amended emission limitations and final compliance date is specified in the operating limits? table 1 of this subpart. (a) General compliance with stand- (b) If you commence or recommence ards, considering some units may be combusting a solid waste at an existing able to switch between solid waste and combustion unit at any commercial or non-waste fuel combustion, is specified industrial facility and you conducted a in paragraph (a)(1) through (6) of this test consistent with the provisions of section. this subpart while combusting the (1) The emission standards and oper- given solid waste within the 6 months ating requirements set forth in this preceding the reintroduction of that subpart apply at all times. solid waste in the combustion chamber, (2) If you cease combusting solid you do not need to retest until 6 waste you may opt to remain subject months from the date you reintroduce to the provisions of this subpart. Con- that solid waste. sistent with the definition of CISWI, (c) If you commence or recommence you are subject to the requirements of combusting a solid waste at an existing this subpart at least 6 months fol- combustion unit at any commercial or lowing the last date of solid waste com- industrial facility and you have not bustion. Solid waste combustion is conducted a performance test con- ceased when solid waste is not in the sistent with the provisions of this sub- combustion chamber (i.e., the solid part while combusting the given solid waste feed to the combustor has been waste within the 6 months preceding cut off for a period of time not less the reintroduction of that solid waste than the solid waste residence time). in the combustion chamber, you must (3) If you cease combusting solid conduct a performance test within 60 waste you must be in compliance with days from the date you reintroduce any newly applicable standards on the solid waste. effective date of the waste-to-fuel switch. The effective date of the waste- § 60.2706 By what date must I conduct to-fuel switch is a date selected by you, the initial air pollution control de- that must be at least 6 months from vice inspection? the date that you ceased combusting (a) The initial air pollution control solid waste, consistent with device inspection must be conducted § 60.2710(a)(2). Your source must remain within 60 days after installation of the in compliance with this subpart until control device and the associated the effective date of the waste-to-fuel CISWI reaches the charge rate at which switch. it will operate, but no later than 180 (4) If you own or operate an existing days after the final compliance date for commercial or industrial combustion unit that combusted a fuel or non- meeting the amended emission limita- waste material, and you commence or tions. recommence combustion of solid waste, (b) Within 10 operating days fol- you are subject to the provisions of lowing an air pollution control device this subpart as of the first day you in- inspection, all necessary repairs must troduce or reintroduce solid waste to be completed unless the owner or oper- the combustion chamber, and this date ator obtains written approval from the constitutes the effective date of the state agency establishing a date where- fuel-to-waste switch. You must com- by all necessary repairs of the des- plete all initial compliance demonstra- ignated facility must be completed. tions for any Section 112 standards that are applicable to your facility before you commence or recommence combustion of solid waste. You must

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provide 30 days prior notice of the ef- requirements or monitoring require- fective date of the waste-to-fuel ments under this subpart. switch. The notification must identify: (b) You must conduct an annual per- (i) The name of the owner or operator formance test for the pollutants listed of the CISWI, the location of the in table 2 of this subpart or tables 6 source, the emissions unit(s) that will through 9 of this subpart and opacity cease burning solid waste, and the date for each CISWI as required under of the notice; § 60.2690. The annual performance test (ii) The currently applicable sub- must be conducted using the test meth- category under this subpart, and any 40 ods listed in table 2 of this subpart or CFR part 63 subpart and subcategory tables 6 through 9 of this subpart and that will be applicable after you cease the procedures in § 60.2690. Opacity combusting solid waste; must be measured using EPA Reference (iii) The fuel(s), non-waste mate- Method 9 at 40 CFR part 60. Annual rial(s) and solid waste(s) the CISWI is performance tests are not required if currently combusting and has com- you use CEMS or continuous opacity busted over the past 6 months, and the monitoring systems to determine com- fuel(s) or non-waste materials the unit pliance. will commence combusting; (c) You must continuously monitor (iv) The date on which you became the operating parameters specified in subject to the currently applicable § 60.2675 or established under § 60.2680 emission limits; and as specified in § 60.2735. Operation (v) The date upon which you will above the established maximum or cease combusting solid waste, and the below the established minimum oper- date (if different) that you intend for ating limits constitutes a deviation any new requirements to become appli- from the established operating limits. cable (i.e., the effective date of the Three-hour block average values are waste-to-fuel switch), consistent with used to determine compliance (except paragraphs (a)(2) and (3) of this section. for baghouse leak detection system (5) All air pollution control equip- alarms) unless a different averaging pe- ment necessary for compliance with riod is established under § 60.2680 or, for any newly applicable emissions limits energy recovery units, where the aver- which apply as a result of the cessation aging time for each operating param- or commencement or recommencement eter is a 30-day rolling, calculated each of combusting solid waste must be in- hour as the average of the previous 720 stalled and operational as of the effec- operating hours. Operation above the tive date of the waste-to-fuel, or fuel- established maximum, below the estab- to-waste switch. lished minimum, or outside the allow- (6) All monitoring systems necessary able range of the operating limits spec- for compliance with any newly applica- ified in paragraph (a) of this section ble monitoring requirements which constitutes a deviation from your oper- apply as a result of the cessation or ating limits established under this sub- commencement or recommencement of part, except during performance tests combusting solid waste must be in- conducted to determine compliance stalled and operational as of the effec- with the emission and operating limits tive date of the waste-to-fuel, or fuel- or to establish new operating limits. to-waste switch. All calibration and Operating limits are confirmed or rees- drift checks must be performed as of tablished during performance tests. the effective date of the waste-to-fuel, (d) You must burn only the same or fuel-to-waste switch. Relative accu- types of waste and fuels used to estab- racy tests must be performed as of the lish subcategory applicability (for performance test deadline for PM ERUs) and operating limits during the CEMS (if PM CEMS are elected to dem- performance test. onstrate continuous compliance with (e) For energy recovery units, incin- the particulate matter emission lim- erators, and small remote units, you its). Relative accuracy testing for must perform annual visual emissions other CEMS need not be repeated if test for ash handling. that testing was previously performed (f) For energy recovery units, you consistent with section 112 monitoring must conduct an annual performance

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test for opacity using EPA Reference sions limit using a HCl CEMS accord- Method 9 at 40 CFR part 60 (except ing to the requirements in paragraph where particulate matter continuous (j)(1) of this section. You must deter- monitoring system or CPMS are used) mine compliance with the mercury and the pollutants listed in table 7 of emissions limit using a mercury CEMS this subpart. or an integrated sorbent trap moni- (g) For facilities using a CEMS to toring system according to paragraph demonstrate compliance with the car- (j)(2) of this section. You must deter- bon monoxide emission limit, compli- mine compliance with particulate mat- ance with the carbon monoxide emis- ter using CPMS. sion limit may be demonstrated by (1) If you monitor compliance with using the CEMS, as described in the HCl emissions limit by operating § 60.2730(o). an HCl CEMS, you must do so in ac- (h) Coal and liquid/gas energy recov- cordance with Performance Specifica- ery units with annual average heat tion 15 (PS 15) of appendix B to 40 CFR input rates greater than 250 MMBtu/hr part 60, or, PS 18 of appendix B to 40 may elect to demonstrate continuous CFR part 60. You must operate, main- compliance with the particulate mat- tain, and quality assure a HCl CEMS ter emissions limit using a particulate installed and certified under PS 15 ac- matter CEMS according to the proce- cording to the quality assurance re- dures in § 60.2730(n) instead of the quirements in Procedure 1 of appendix CPMS specified in § 60.2710(i). Coal and F to 40 CFR part 60 except that the liquid/gas energy recovery units with Relative Accuracy Test Audit require- annual average heat input rates less ments of Procedure 1 must be replaced than 250 MMBtu/hr, incinerators, and with the validation requirements and small remote incinerators may also criteria of sections 11.1.1 and 12.0 of PS elect to demonstrate compliance using 15. You must operate, maintain and a particulate matter CEMS according quality assure a HCl CEMS installed to the procedures in § 60.2730(n) instead and certified under PS 18 according to of particulate matter testing with EPA the quality assurance requirements in Method 5 at 40 CFR part 60, appendix Procedure 6 of appendix F to 40 CFR A–3 and, if applicable, the continuous opacity monitoring requirements in part 60. For any performance specifica- paragraph (i) of this section. tion that you use, you must use Meth- (i) For energy recovery units with od 321 of appendix A to 40 CFR part 63 annual average heat input rates great- as the reference test method for con- er than or equal to 10 MMBtu/hr but ducting relative accuracy testing. The less than 250 MMBtu/hr that do not use span value and calibration require- a wet scrubber, fabric filter with bag ments in paragraphs (j)(1)(i) and (ii) of leak detection system, an electrostatic this section apply to all HCl CEMS precipitator, particulate matter CEMS, used under this subpart: or particulate matter CPMS, you must (i) You must use a measurement span install, operate, certify and maintain a value for any HCl CEMS of 0–10 ppmvw continuous opacity monitoring system unless the monitor is installed on a (COMS) according to the procedures in kiln without an inline raw mill. Kilns § 60.2730(m). without an inline raw mill may use a (j) For waste-burning kilns, you must higher span value sufficient to quantify conduct an annual performance test for all expected emissions concentrations. the pollutants (except mercury and The HCl CEMS data recorder output particulate matter, and hydrogen chlo- range must include the full range of ex- ride if no acid gas wet scrubber or dry pected HCl concentration values which scrubber is used) listed in table 8 of would include those expected during this subpart, unless you choose to dem- ‘‘mill off’’ conditions. The cor- onstrate initial and continuous compli- responding data recorder range shall be ance using CEMS, as allowed in para- documented in the site-specific moni- graph (u) of this section. If you do not toring plan and associated records; and use an acid gas wet scrubber or dry (ii) In order to quality assure data scrubber, you must determine compli- measured above the span value, you ance with the hydrogen chloride emis- must use one of the three options in

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paragraphs (j)(1)(ii)(A) through (C) of value you must, within 24 hours before this section: or after, introduce a higher, ‘‘above (A) Include a second span that en- span’’ HCl reference gas standard to compasses the HCl emission concentra- the HCl CEMS. The ‘‘above span’’ ref- tions expected to be encountered dur- erence gas must meet the requirements ing ‘‘mill off’’ conditions. This second of the applicable performance speci- span may be rounded to a multiple of 5 fication and target a concentration ppm of total HCl. The requirements of level between 50 and 150 percent of the the appropriate HCl monitor perform- highest expected hourly concentration ance specification shall be followed for measured during the period of measure- this second span with the exception ments above span, and must be intro- that a RATA with the mill off is not duced at the probe. While this target required; represents a desired concentration (B) Quality assure any data above the range that is not always achievable in span value by proving instrument lin- practice, it is expected that the intent earity beyond the span value estab- to meet this range is demonstrated by lished in paragraph (j)(1)(i) of this sec- the value of the reference gas. Ex- tion using the following procedure. pected values may include above span Conduct a weekly ‘‘above span lin- calibrations done before or after the earity’’ calibration challenge of the above-span measurement period. monitoring system using a reference Record and report the results of this gas with a certified value greater than procedure as you would for a daily cali- your highest expected hourly con- bration. The ‘‘above span’’ calibration centration or greater than 75% of the is successful if the value measured by highest measured hourly concentra- the HCl CEMS is within 20 percent of tion. The ‘‘above span’’ reference gas the certified value of the reference gas. must meet the requirements of the applicable performance specification and If the value measured by the HCl CEMS must be introduced to the measure- is not within 20 percent of the certified ment system at the probe. Record and value of the reference gas, then you report the results of this procedure as must normalize the stack gas values you would for a daily calibration. The measured above span as described in ‘‘above span linearity’’ challenge is paragraph (j)(1)(ii)(D) of this section. If successful if the value measured by the the ‘‘above span’’ calibration is con- HCl CEMS falls within 10 percent of the ducted during the period when meas- certified value of the reference gas. If ured emissions are above span and the value measured by the HCl CEMS there is a failure to collect the one during the above span linearity chal- data point in an hour due to the cali- lenge exceeds 10 percent of the certified bration duration, then you must deter- value of the reference gas, the moni- mine the emissions average for that toring system must be evaluated and missed hour as the average of hourly repaired and a new ‘‘above span lin- averages for the hour preceding the earity’’ challenge met before returning missed hour and the hour following the the HCl CEMS to service, or data above missed hour. In an hour where an span from the HCl CEMS must be sub- ‘‘above span’’ calibration is being con- ject to the quality assurance proce- ducted and one or more data points are dures established in (j)(1)(ii)(D) of this collected, the emissions average is rep- section. In this manner values meas- resented by the average of all valid ured by the HCl CEMS during the data points collected in that hour; and above span linearity challenge exceed- (D) In the event that the ‘‘above ing ±20 percent of the certified value of span’’ calibration is not successful (i.e., the reference gas must be normalized the HCl CEMS measured value is not using equation 6; within 20 percent of the certified value (C) Quality assure any data above the of the reference gas), then you must span value established in paragraph normalize the one-hour average stack (j)(1)(i) of this section using the fol- gas values measured above the span lowing procedure. Any time two con- during the 24-hour period preceding or secutive one-hour average measured following the ‘‘above span’’ calibration concentration of HCl exceeds the span for reporting based on the HCl CEMS

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response to the reference gas as shown in equation 6:

Only one ‘‘above span’’ calibration is quirements of performance specifica- needed per 24-hour period. tion 6 at 40 CFR part 60, appendix B (2) Compliance with the mercury and conducting an annual relative ac- emissions limit must be determined curacy test of the continuous emission using a mercury CEMS or integrated rate monitoring system according to sorbent trap monitoring system ac- section 8.2 of performance specification cording to the following requirements: 6; and (i) You must operate a mercury (iii) The owner or operator of a CEMS in accordance with performance waste-burning kiln must demonstrate specification 12A at 40 CFR part 60, ap- initial compliance by operating a mer- pendix B or an integrated sorbent trap cury CEMS or integrated sorbent trap monitoring system in accordance with monitoring system while the raw mill performance specification 12B at 40 of the in-line kiln/raw mill is operating CFR part 60, appendix B; these moni- under normal conditions and including toring systems must be quality assured at least one period when the raw mill is according to procedure 5 of 40 CFR 60, off. appendix F. For the purposes of emis- (k) If you use an air pollution control sions calculations when using an inte- device to meet the emission limita- grated sorbent trap monitoring system, tions in this subpart, you must conduct the mercury concentration determined an initial and annual inspection of the for each sampling period must be as- air pollution control device. The in- signed to each hour during the sam- spection must include, at a minimum, pling period. If you choose to comply the following: with the production-rate based mer- (1) Inspect air pollution control de- cury limit for your waste-burning kiln, vice(s) for proper operation; and you must also monitor hourly clinker (2) Develop a site-specific monitoring production and determine the hourly plan according to the requirements in mercury emissions rate in pounds per paragraph (l) of this section. This re- million ton of clinker produced. You quirement also applies to you if you pe- must demonstrate compliance with the tition the EPA Administrator for alter- mercury emissions limit using a 30-day native monitoring parameters under rolling average of these 1-hour mercury § 60.13(i). concentrations or mass emissions (l) For each CMS required in this sec- rates, including CEMS data during tion, you must develop and submit to startup and shutdown as defined in this the EPA Administrator for approval a subpart, calculated using equation 19– site-specific monitoring plan according 19 in section 12.4.1 of EPA Reference to the requirements of this paragraph Method 19 at 40 CFR part 60, appendix (l) that addresses paragraphs (l)(1)(i) A–7 of this part. CEMS data during through (vi) of this section: startup and shutdown, as defined in (1) You must submit this site-specific this subpart, are not corrected to 7 per- monitoring plan at least 60 days before cent oxygen, and are measured at stack your initial performance evaluation of oxygen content; your continuous monitoring system: (ii) Owners or operators using a mer- (i) Installation of the continuous cury CEMS or integrated sorbent trap monitoring system sampling probe or monitoring system to determine mass other interface at a measurement loca- emission rate must install, operate, tion relative to each affected process calibrate and maintain an instrument unit such that the measurement is rep- for continuously measuring and record- resentative of control of the exhaust ing the mercury mass emissions rate to emissions (e.g., on or downstream of the atmosphere according to the re- the last control device);

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(ii) Performance and equipment spec- (3) Use a pressure sensor with a min- ifications for the sample interface, the imum tolerance of 1.27 centimeters of pollutant concentration or parametric water or a minimum tolerance of 1 per- signal analyzer and the data collection cent of the pressure monitoring system and reduction systems; operating range, whichever is less; (iii) Performance evaluation proce- (4) Perform checks at the frequency dures and acceptance criteria (e.g., outlined in your site-specific moni- calibrations); toring plan to ensure pressure meas- (iv) Ongoing operation and mainte- urements are not obstructed (e.g., nance procedures in accordance with check for pressure tap plugging daily); the general requirements of § 60.11(d); (5) Conduct a performance evaluation (v) Ongoing data quality assurance of the pressure monitoring system in procedures in accordance with the gen- accordance with your monitoring plan eral requirements of § 60.13; and at the time of each performance test (vi) Ongoing recordkeeping and re- but no less frequently than annually; porting procedures in accordance with and the general requirements of § 60.7(b), (c) (6) If at any time the measured pres- introductory text, (c)(1) and (4), and (d) sure exceeds the manufacturer’s speci- through (g). fied maximum operating pressure (2) You must conduct a performance range, conduct a performance evalua- evaluation of each continuous moni- tion of the pressure monitoring system toring system in accordance with your in accordance with your monitoring site-specific monitoring plan. plan and confirm that the pressure (3) You must operate and maintain monitoring system continues to meet the continuous monitoring system in the performance requirements in your continuous operation according to the monitoring plan. Alternatively, install site-specific monitoring plan. and verify the operation of a new pres- (m) If you have an operating limit sure sensor. that requires the use of a flow moni- (o) If you have an operating limit toring system, you must meet the re- that requires a pH monitoring system, quirements in paragraphs (l) and (m)(1) you must meet the requirements in through (4) of this section: paragraphs (l) and (o)(1) through (4) of (1) Install the flow sensor and other this section: necessary equipment in a position that (1) Install the pH sensor in a position provides a representative flow; that provides a representative meas- (2) Use a flow sensor with a measure- urement of scrubber effluent pH; ment sensitivity at full scale of no (2) Ensure the sample is properly greater than 2 percent; mixed and representative of the fluid (3) Minimize the effects of swirling to be measured; flow or abnormal velocity distributions (3) Conduct a performance evaluation due to upstream and downstream dis- of the pH monitoring system in accord- turbances; and ance with your monitoring plan at (4) Conduct a flow monitoring system least once each process operating day; performance evaluation in accordance and with your monitoring plan at the time (4) Conduct a performance evaluation of each performance test but no less (including a two-point calibration with frequently than annually. one of the two buffer solutions having (n) If you have an operating limit a pH within 1 of the pH of the oper- that requires the use of a pressure ating limit) of the pH monitoring sys- monitoring system, you must meet the tem in accordance with your moni- requirements in paragraphs (l) and toring plan at the time of each per- (n)(1) through (6) of this section: formance test but no less frequently (1) Install the pressure sensor(s) in a than quarterly. position that provides a representative (p) If you have an operating limit measurement of the pressure (e.g., PM that requires a secondary electric scrubber pressure drop); power monitoring system for an elec- (2) Minimize or eliminate pulsating trostatic precipitator, you must meet pressure, vibration, and internal and the requirements in paragraphs (l) and external corrosion; (p)(1) and (2) of this section:

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(1) Install sensors to measure (sec- an alarm when an increase in relative ondary) voltage and current to the pre- particulate matter emissions over a cipitator collection plates; and preset level is detected. The alarm (2) Conduct a performance evaluation must be located where it is observed of the electric power monitoring sys- readily by plant operating personnel. tem in accordance with your moni- (s) For facilities using a CEMS to toring plan at the time of each per- demonstrate initial and continuous formance test but no less frequently compliance with the sulfur dioxide than annually. emission limit, compliance with the (q) If you have an operating limit sulfur dioxide emission limit may be that requires the use of a monitoring demonstrated by using the CEMS spec- system to measure sorbent injection ified in § 60.2730(l) to measure sulfur di- rate (e.g., weigh belt, weigh hopper, or oxide. The sulfur dioxide CEMS must hopper flow measurement device), you follow the procedures and methods must meet the requirements in para- specified in paragraph (s) of this sec- graphs (l) and (q)(1) and (2) of this section. For sources that have actual inlet tion: emissions less than 100 parts per mil- (1) Install the system in a position(s) lion dry volume, the relative accuracy that provides a representative meas- criterion for inlet sulfur dioxide CEMS urement of the total sorbent injection should be no greater than 20 percent of rate; and the mean value of the reference meth- (2) Conduct a performance evaluation od test data in terms of the units of the of the sorbent injection rate moni- emission standard, or 5 parts per mil- toring system in accordance with your lion dry volume absolute value of the monitoring plan at the time of each mean difference between the reference performance test but no less frequently method and the CEMS, whichever is than annually. greater: (r) If you elect to use a fabric filter (1) During each relative accuracy test bag leak detection system to comply run of the CEMS required by perform- with the requirements of this subpart, ance specification 2 in appendix B of you must install, calibrate, maintain, this part, collect sulfur dioxide and ox- and continuously operate a bag leak ygen (or carbon dioxide) data concur- detection system as specified in para- rently (or within a 30- to 60-minute pe- graphs (l) and (r)(1) through (5) of this riod) with both the CEMS and the test section: methods specified in paragraphs (1) Install a bag leak detection sen- (s)(1)(i) and (ii) of this section: sor(s) in a position(s) that will be rep- (i) For sulfur dioxide, EPA Reference resentative of the relative or absolute Method 6 or 6C, or as an alternative particulate matter loadings for each ANSI/ASME PTC 19.10–1981 (incor- exhaust stack, roof vent, or compart- porated by reference, see § 60.17) must ment (e.g., for a positive pressure fabric be used; and filter) of the fabric filter; (ii) For oxygen (or carbon dioxide), (2) Use a bag leak detection system EPA Reference Method 3A or 3B, or as certified by the manufacturer to be ca- an alternative ANSI/ASME PTC 19.10– pable of detecting particulate matter 1981 (incorporated by reference, see emissions at concentrations of 10 milli- § 60.17), as applicable, must be used. grams per actual cubic meter or less; (2) The span value of the CEMS at (3) Conduct a performance evaluation the inlet to the sulfur dioxide control of the bag leak detection system in ac- device must be 125 percent of the max- cordance with your monitoring plan imum estimated hourly potential sul- and consistent with the guidance pro- fur dioxide emissions of the unit sub- vided in EPA–454/R–98–015 (incor- ject to this subpart. The span value of porated by reference, see § 60.17); the CEMS at the outlet of the sulfur di- (4) Use a bag leak detection system oxide control device must be 50 percent equipped with a device to continuously of the maximum estimated hourly po- record the output signal from the sen- tential sulfur dioxide emissions of the sor; and unit subject to this subpart. (5) Use a bag leak detection system (3) Conduct accuracy determinations equipped with a system that will sound quarterly and calibration drift tests

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daily in accordance with procedure 1 in ANSI/ASME PTC 19.10–1981 (incor- appendix F of this part. porated by reference, see § 60.17), as ap- (t) For facilities using a CEMS to plicable, must be used to determine the demonstrate initial and continuous oxygen concentration at the same loca- compliance with the nitrogen oxides tion as the carbon dioxide monitor; emission limit, compliance with the ni- (ii) Samples must be taken for at trogen oxides emission limit may be least 30 minutes in each hour; demonstrated by using the CEMS spec- (iii) Each sample must represent a 1- ified in § 60.2730 to measure nitrogen hour average; and oxides. The nitrogen oxides CEMS (iv) A minimum of 3 runs must be must follow the procedures and meth- performed. ods specified in paragraphs (t)(1) (u) For facilities using a CEMS or an through (4) of this section: integrated sorbent trap monitoring (1) During each relative accuracy test system for mercury to demonstrate ini- run of the CEMS required by perform- tial and continuous compliance with ance specification 2 of appendix B of any of the emission limits of this sub- this part, collect nitrogen oxides and part, you must complete the following: oxygen (or carbon dioxide) data concur- (1) Demonstrate compliance with the rently (or within a 30- to 60-minute pe- appropriate emission limit(s) using a riod) with both the CEMS and the test 30-day rolling average of 1-hour arith- methods specified in paragraphs metic average emission concentra- (t)(1)(i) and (ii) of this section: tions, including CEMS or an integrated (i) For nitrogen oxides, EPA Ref- sorbent trap monitoring system data erence Method 7 or 7E at 40 CFR part during startup and shutdown, as de- 60, appendix A–4 must be used; and fined in this subpart, calculated using (ii) For oxygen (or carbon dioxide), equation 19–19 in section 12.4.1 of EPA EPA Reference Method 3A or 3B, or as Reference Method 19 at appendix A–7 of an alternative ANSI/ASME PTC 19.10– this part. The 1-hour arithmetic aver- 1981 (incorporated by reference, see ages for CEMS must be calculated § 60.17), as applicable, must be used. using the data points required under (2) The span value of the CEMS must § 60.13(e)(2). Except for CEMS or an in- be 125 percent of the maximum esti- tegrated sorbent trap monitoring sys- mated hourly potential nitrogen oxide tem data during startup and shutdown, emissions of unit. the 1-hour arithmetic averages used to (3) Conduct accuracy determinations calculate the 30-day rolling average quarterly and calibration drift tests emission concentrations must be cor- daily in accordance with procedure 1 in rected to 7 percent oxygen (dry basis). appendix F of this part. Integrated sorbent trap monitoring (4) The owner or operator of an af- system or CEMS data during startup fected facility may request that com- and shutdown, as defined in this sub- pliance with the nitrogen oxides emis- part, are not corrected to 7 percent ox- sion limit be determined using carbon ygen, and are measured at stack oxy- dioxide measurements corrected to an gen content; and equivalent of 7 percent oxygen. If car- (2) Operate all CEMS and integrated bon dioxide is selected for use in dil- sorbent trap monitoring systems in ac- uent corrections, the relationship be- cordance with the applicable proce- tween oxygen and carbon dioxide levels dures under appendices B and F of this must be established during the initial part. performance test according to the pro- (v) Use of the bypass stack at any cedures and methods specified in para- time is an emissions standards devi- graphs (t)(4)(i) through (iv) of this sec- ation for PM, HCl, lead, cadmium, mer- tion. This relationship may be reestab- cury, nitrogen oxides, sulfur dioxide, lished during performance compliance and dioxin/furans. tests: (w) For energy recovery units with a (i) The fuel factor equation in Meth- design heat input capacity of 100 od 3B must be used to determine the MMBtu/hr or greater that do not use a relationship between oxygen and car- carbon monoxide CEMS, you must in- bon dioxide at a sampling location. stall, operate, and maintain an oxygen Method 3A, 3B, or as an alternative analyzer system as defined in § 60.2875

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according to the procedures in para- no greater than 0.5 mg/actual cubic graphs (w)(1) through (4) of this sec- meter. tion: (2) During the initial performance (1) The oxygen analyzer system must test or any such subsequent perform- be installed by the initial performance ance test that demonstrates compli- test date specified in § 60.2675; ance with the PM limit, you must ad- (2) You must operate the oxygen trim just the site-specific operating limit in system within compliance with para- accordance with the results of the per- graph (w)(3) of this section at all times; formance test according to the proce- (3) You must maintain the oxygen dures specified in § 60.2675. level such that the 30-day rolling aver- (3) Collect PM CPMS hourly average age that is established as the operating output data for all energy recovery limit for oxygen is not below the low- unit or waste-burning kiln operating est hourly average oxygen concentra- hours. Express the PM CPMS output as tion measured during the most recent milliamps or the digital signal equiva- CO performance test; and lent. (4) You must calculate and record a (4) Calculate the arithmetic 30-day 30-day rolling average oxygen con- rolling average of all of the hourly av- centration using equation 19–19 in sec- erage PM CPMS output collected dur- tion 12.4.1 of EPA Reference Method 19 ing all energy recovery unit or waste- of appendix A–7 of this part. burning kiln operating hours data (x) For energy recovery units with (milliamps or their digital equivalent). annual average heat input rates great- (5) You must collect data using the er than or equal to 250 MMBtu/hr and PM CPMS at all times the energy re- waste-burning kilns, you must install, covery unit or waste-burning kiln is calibrate, maintain, and operate a PM operating and at the intervals specified CPMS and record the output of the sys- in paragraph (x)(1)(ii) of this section, tem as specified in paragraphs (x)(1) except for periods of monitoring sys- through (8) of this section. For other tem malfunctions, repairs associated energy recovery units, you may elect with monitoring system malfunctions, to use PM CPMS operated in accord- required monitoring system quality as- ance with this section. PM CPMS are surance or quality control activities suitable in lieu of using other CMS for (including, as applicable, calibration monitoring PM compliance (e.g., bag checks and required zero and span ad- leak detectors, ESP secondary power, justments), and any scheduled mainte- PM scrubber pressure): nance as defined in your site-specific (1) Install, calibrate, operate, and monitoring plan. maintain your PM CPMS according to (6) You must use all the data col- the procedures in your approved site- lected during all energy recovery unit specific monitoring plan developed in or waste-burning kiln operating hours accordance with paragraphs (l) and in assessing the compliance with your (x)(1)(i) through (iii) of this section: operating limit except: (i) The operating principle of the PM (i) Any data collected during moni- CPMS must be based on in-stack or ex- toring system malfunctions, repairs as- tractive light scatter, light scintilla- sociated with monitoring system mal- tion, beta attenuation, or mass accu- functions, or required monitoring sys- mulation of the exhaust gas or rep- tem quality assurance or quality con- resentative sample. The reportable trol activities conducted during moni- measurement output from the PM toring system malfunctions are not CPMS must be expressed as milliamps used in calculations (report any such or the digital signal equivalent; periods in your annual deviation re- (ii) The PM CPMS must have a cycle port); time (i.e., period required to complete (ii) Any data collected during periods sampling, measurement, and reporting when the monitoring system is out of for each measurement) no longer than control as specified in your site-spe- 60 minutes; and cific monitoring plan, repairs associ- (iii) The PM CPMS must be capable ated with periods when the monitoring of detecting and responding to particu- system is out of control, or required late matter concentrations increments monitoring system quality assurance

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or quality control activities conducted CPMS measurement to within the es- during out-of-control periods are not tablished value; used in calculations (report emissions (iii) Within 30 days of the deviation or operating levels and report any such or at the time of the annual compli- periods in your annual deviation re- ance test, whichever comes first, con- port); duct a PM emissions compliance test (iii) Any PM CPMS data recorded to determine compliance with the PM during periods of CEMS data during emissions limit. Within 45 days of the startup and shutdown, as defined in deviation, you must re-establish the this subpart. CPMS operating limit. You are not re- (7) You must record and make avail- quired to conduct additional testing for able upon request results of PM CPMS any deviations that occur between the system performance audits, as well as time of the original deviation and the the dates and duration of periods from PM emissions compliance test required when the PM CPMS is out of control under paragraph (x) of this section; and until completion of the corrective ac- (iv) PM CPMS deviations leading to tions necessary to return the PM more than four required performance CPMS to operation consistent with tests in a 12-month process operating your site-specific monitoring plan. period (rolling monthly) constitute a (8) For any deviation of the 30-day violation of this subpart. rolling average PM CPMS average (y) When there is an alkali bypass value from the established operating and/or an in-line coal mill that exhaust parameter limit, you must: emissions through a separate stack(s), (i) Within 48 hours of the deviation, the combined emissions are subject to visually inspect the air pollution con- the emission limits applicable to trol device; waste-burning kilns. To determine the (ii) If inspection of the air pollution kiln-specific emission limit for dem- control device identifies the cause of onstrating compliance, you must: the deviation, take corrective action as (1) Calculate a kiln-specific emission soon as possible and return the PM limit using equation 7:

Where: exhausts through a separate stack, in-

Cks = Kiln stack concentration (ppmvd, mg/ stead of installing a CEMS or PM dscm, ng/dscm, depending on pollutant. CPMS on the alkali bypass stack or in- Each corrected to 7% O2.) line coal mill stack, the results of the Qab = Alkali bypass flow rate (volume/hr) initial and subsequent performance Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/dscm, depending on pollut- test can be used to demonstrate compliance with the relevant emissions ant. Each corrected to 7% O2.) Qcm = In-line coal mill flow rate (volume/hr) limit. A performance test must be con- Ccm = In-line coal mill concentration (ppmvd, ducted on an annual basis (between 11 mg/dscm, ng/dscm, depending on pollut- and 13 calendar months following the ant. Each corrected to 7% O2.) previous performance test). Qks = Kiln stack flow rate (volume/hr) (2) Particulate matter concentration § 60.2715 By what date must I conduct must be measured downstream of the the annual performance test? in-line coal mill. All other pollutant You must conduct annual perform- concentrations must be measured ei- ance tests between 11 and 13 calendar ther upstream or downstream of the in- months of the previous performance line coal mill. test. (3) For purposes of determining the combined emissions from kilns equipped with an alkali bypass or that exhaust kiln gases to a coal mill that

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§ 60.2716 By what date must I conduct performance tests for the pollutant the annual air pollution control de- every third year, as long as there are vice inspection? no changes in the operation of the af- On an annual basis (no more than 12 fected source or air pollution control months following the previous annual equipment that could increase emis- air pollution control device inspec- sions. Each such performance test tion), you must complete the air pollu- must be conducted no more than 37 tion control device inspection as de- months after the previous performance scribed in § 60.2706. test. (i) For particulate matter, hydrogen § 60.2720 May I conduct performance chloride, mercury, carbon monoxide, testing less often? nitrogen oxides, sulfur dioxide, cad- (a) You must conduct annual per- mium, lead, and dioxins/furans, the formance tests according to the sched- emission level equal to 75 percent of ule specified in § 60.2715, with the fol- the applicable emission limit in table 2 lowing exceptions: or tables 6 through 9 of this subpart, as (1) You may conduct a repeat per- applicable; and formance test at any time to establish (ii) For fugitive emissions, visible new values for the operating limits, as emissions (of combustion ash from the specified in § 60.2725. New operating ash conveying system) for 2 percent of limits become effective on the date the time during each of the three 1- that the performance test report is hour observation periods. submitted to the EPA’s Central Data (4) If you are conducting less fre- Exchange or postmarked, per the re- quent testing for a pollutant as pro- quirements of § 60.2795(b). The Adminis- vided in paragraph (a)(3) of this section trator may request a repeat perform- and a subsequent performance test for ance test at any time; the pollutant indicates that your (2) You must repeat the performance CISWI does not meet the emission level test within 60 days of a process change, specified in paragraph (a)(3)(i) or as defined in § 60.2875; and (a)(3)(ii) of this section, as applicable, (3) You can conduct performance you must conduct annual performance tests less often if you meet the fol- tests for the pollutant according to the lowing conditions: Your performance schedule specified in paragraph (a) of tests for the pollutant for at least 2 this section until you qualify for less consecutive performance tests dem- frequent testing for the pollutant as onstrates that the emission level for specified in paragraph (a)(3) of this sec- the pollutant is no greater than the tion. emission level specified in paragraph (b) [Reserved] (a)(3)(i) or (ii) of this section, as appli- § 60.2725 May I conduct a repeat per- cable; there are no changes in the oper- formance test to establish new op- ation of the affected source or air pol- erating limits? lution control equipment that could in- (a) Yes. You may conduct a repeat crease emissions; and you are not re- performance test at any time to estab- quired to conduct a performance test lish new values for the operating lim- for the pollutant in response to a re- its. The Administrator may request a quest by the Administrator in para- repeat performance test at any time. graph (a)(1) of this section or a process (b) You must repeat the performance change in paragraph (a)(2) of this sec- test if your feed stream is different tion. In this case, you do not have to than the feed streams used during any conduct a performance test for that performance test used to demonstrate pollutant for the next 2 years. You compliance. must conduct a performance test for the pollutant no more than 37 months MODEL RULE—MONITORING following the previous performance test for the pollutant. If the emission § 60.2730 What monitoring equipment level for your CISWI continues to meet must I install and what parameters the emission level specified in para- must I monitor? graph (a)(3)(i) or (ii) of this section, as (a) If you are using a wet scrubber to applicable, you may choose to conduct comply with the emission limitation

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under § 60.2670, you must install, cali- (8) Where multiple detectors are re- brate (to manufacturers’ specifica- quired, the system’s instrumentation tions), maintain, and operate devices and alarm may be shared among detec- (or establish methods) for monitoring tors. the value of the operating parameters (c) If you are using something other used to determine compliance with the than a wet scrubber, activated carbon, operating limits listed in table 3 of this selective non-catalytic reduction, an subpart. These devices (or methods) electrostatic precipitator, or a dry must measure and record the values for scrubber to comply with the emission these operating parameters at the fre- limitations under § 60.2670, you must quencies indicated in table 3 of this install, calibrate (to the manufactur- subpart at all times except as specified ers’ specifications), maintain, and op- in § 60.2735(a). erate the equipment necessary to mon- (b) If you use a fabric filter to comply itor compliance with the site-specific with the requirements of this subpart operating limits established using the and you do not use a PM CPMS or PM procedures in § 60.2680. CEMS for monitoring PM compliance, (d) If you use activated carbon injec- you must install, calibrate, maintain, tion to comply with the emission limi- and continuously operate a bag leak tations in this subpart, you must meas- detection system as specified in para- ure the minimum sorbent flow rate graphs (b)(1) through (8) of this section: once per hour. (1) You must install and operate a (e) If you use selective noncatalytic bag leak detection system for each ex- reduction to comply with the emission haust stack of the fabric filter; limitations, you must complete the fol- (2) Each bag leak detection system lowing: must be installed, operated, calibrated, (1) Following the date on which the and maintained in a manner consistent initial performance test is completed with the manufacturer’s written speci- or is required to be completed under fications and recommendations; § 60.2690, whichever date comes first, (3) The bag leak detection system ensure that the affected facility does must be certified by the manufacturer not operate above the maximum charge to be capable of detecting particulate rate, or below the minimum secondary matter emissions at concentrations of chamber temperature (if applicable to 10 milligrams per actual cubic meter or your CISWI) or the minimum reagent less; flow rate measured as 3-hour block (4) The bag leak detection system averages at all times; and sensor must provide output of relative (2) Operation of the affected facility or absolute particulate matter load- above the maximum charge rate, below ings; the minimum secondary chamber tem- (5) The bag leak detection system perature and below the minimum rea- must be equipped with a device to con- gent flow rate simultaneously continuously record the output signal stitute a violation of the nitrogen ox- from the sensor; ides emissions limit. (6) The bag leak detection system (f) If you use an electrostatic precipi- must be equipped with an alarm sys- tator to comply with the emission lim- tem that will alert automatically an its of this subpart and you do not use operator when an increase in relative a PM CPMS for monitoring PM compli- particulate matter emission over a pre- ance, you must monitor the secondary set level is detected. The alarm must power to the electrostatic precipitator be located where it is observed easily collection plates and maintain the 3- by plant operating personnel; hour block averages at or above the op- (7) For positive pressure fabric filter erating limits established during the systems, a bag leak detection system mercury or particulate matter per- must be installed in each baghouse formance test. compartment or cell. For negative (g) For waste-burning kilns not pressure or induced air fabric filters, equipped with a wet scrubber or dry the bag leak detector must be installed scrubber, you must install, calibrate, downstream of the fabric filter; and maintain, and operate a CEMS for

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monitoring hydrogen chloride emis- in § 60.58b(p) and (q). A facility may sions discharged to the atmosphere, as substitute continuous dioxin/furan specified in § 60.2710(j), and record the monitoring for the minimum sorbent output of the system. You may sub- flow rate, if activated carbon sorbent stitute use of a HCl CEMS for con- injection is used solely for compliance ducting the HCl initial and annual with the dioxin/furan emission limit. testing with EPA Method 321 at 40 CFR (j) To demonstrate initial and contin- part 63, appendix A. For units other uous compliance with the mercury than waste-burning kilns not equipped emissions limit, a facility may sub- with a wet scrubber or dry scrubber, a stitute use of a mercury CEMS or and facility may substitute use of a hydro- integrated sorbent trap monitoring gen chloride CEMS for conducting the system for the mercury initial and an- hydrogen chloride initial and annual nual performance test. The owner or performance test. For units equipped operator who elects to continuously with a hydrogen chloride CEMS, you measure mercury emissions instead of are not required to monitor the min- sampling and testing using EPA Meth- imum hydrogen chloride sorbent flow od 29 or 30B at 40 CFR part 60, appendix rate, monitoring the minimum scrub- A–8, ASTM D6784–02 (Reapproved 2008) ber liquor pH, and monitoring min- (incorporated by reference, see § 60.17), imum injection rate. or an approved alternative method for (h) To demonstrate continuous com- measuring mercury emissions, must in- pliance with the particulate matter stall, calibrate, maintain and operate emissions limit, a facility may sub- the mercury CEMS or integrated sor- stitute use of either a particulate mat- bent trap monitoringsystem and must ter CEMS or a particulate matter comply with performance specification CPMS for conducting the particulate matter annual performance test. For 12A or performance specification 12B, units equipped with a particulate mat- respectively, and quality assurance ter CEMS, you are not required to use procedure 5. For the purposes of emis- other CMS monitoring for PM compli- sions calculations when using an inte- ance (e.g., bag leak detectors, ESP sec- grated sorbent trap monitoring system, ondary power, PM scrubber pressure). the mercury concentration determined A facility may also substitute use of a for each sampling period must be as- particulate matter CEMS for con- signed to each hour during the sam- ducting the PM initial performance pling period. For units equipped with a test. mercury CEMS or an integrated sor- (i) To demonstrate initial and contin- bent trap monitoring system, you are uous compliance with the dioxin/furan not required to monitor the minimum emissions limit, a facility may sub- sorbent flow rate, if activated carbon stitute use of a continuous automated sorbent injection is used solely for sampling system for the dioxin/furan compliance with the mercury emission initial and annual performance test. limit. Waste-burning kilns must in- You must record the output of the sys- stall, calibrate, maintain, and operate tem and analyze the sample according a mercury CEMS or an integrated sor- to EPA Method 23 at 40 CFR part 60, bent trap monitoring system as speci- appendix A–7. This option to use a con- fied in § 60.2710(j). tinuous automated sampling system (k) To demonstrate initial and con- takes effect on the date a final per- tinuous compliance with the nitrogen formance specification applicable to oxides emissions limit, a facility may dioxin/furan from continuous monitors substitute use of a CEMS for the nitro- is published in the FEDERAL REGISTER. gen oxides initial and annual perform- The owner or operator who elects to ance test to demonstrate compliance continuously sample dioxin/furan emis- with the nitrogen oxides emissions lim- sions instead of sampling and testing its. For units equipped with a nitrogen using EPA Method 23 at 40 CFR part 60, xides CEMS, you are not required to appendix A–7 must install, calibrate, monitor the charge rate, secondary maintain and operate a continuous chamber temperature and reagent flow automated sampling system and must for selective noncatalytic reduction, if comply with the requirements specified applicable:

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(1) Install, calibrate, maintain and not required to install a continuous operate a CEMS for measuring nitro- opacity monitoring system and must gen oxides emissions discharged to the perform the annual performance tests atmosphere and record the output of for opacity consistent with § 60.2710(f): the system. The requirements under (1) Install, operate and maintain each performance specification 2 of appendix continuous opacity monitoring system B of this part, the quality assurance according to performance specification procedure 1 of appendix F of this part 1 at 40 CFR part 60, appendix B; and the procedures under § 60.13 must (2) Conduct a performance evaluation be followed for installation, evaluation of each continuous opacity monitoring and operation of the CEMS; and system according to the requirements (2) Compliance with the emission in § 60.13 and according to performance limit for nitrogen oxides must be deter- specification 1 at 40 CFR part 60, ap- mined based on the 30-day rolling aver- pendix B; age of the hourly emission concentra- (3) As specified in § 60.13(e)(1), each tions using CEMS outlet data, as out- continuous opacity monitoring system lined in § 60.2710(u). must complete a minimum of one cycle (l) To demonstrate initial and contin- of sampling and analyzing for each suc- uous compliance with the sulfur diox- cessive 10-second period and one cycle ide emissions limit, a facility may sub- of data recording for each successive 6- stitute use of a CEMS for the sulfur di- minute period; oxide initial and annual performance (4) Reduce the continuous opacity test to demonstrate compliance with monitoring system data as specified in the sulfur dioxide emissions limits: § 60.13(h)(1); and (1) Install, calibrate, maintain and (5) Determine and record all the 6- operate a CEMS for measuring sulfur minute averages (and 1-hour block dioxide emissions discharged to the at- averages as applicable) collected. mosphere and record the output of the (n) For coal and liquid/gas energy re- system. The requirements under per- covery units, incinerators, and small formance specification 2 of appendix B remote incinerators, an owner or oper- of this part, the quality assurance re- ator may elect to install, calibrate, quirements of procedure 1 of appendix maintain and operate a CEMS for mon- F of this part and the procedures under itoring particulate matter emissions § 60.13 must be followed for installation, discharged to the atmosphere and evaluation and operation of the CEMS; record the output of the system. The and owner or operator of an affected facil- (2) Compliance with the sulfur diox- ity who continuously monitors particu- ide emission limit shall be determined late matter emissions instead of con- based on the 30-day rolling average of ducting performance testing using EPA the hourly arithmetic average emission Method 5 at 40 CFR part 60, appendix concentrations using CEMS outlet A–3 or monitoring with a particulate data, as outlined in § 60.2710(u). matter CPMS according to paragraph (m) For energy recovery units over 10 (r) of this section, must install, cali- MMBtu/hr but less than 250 MMBtu/hr brate, maintain and operate a PM annual average heat input rates that CEMS and must comply with the re- do not use a wet scrubber, fabric filter quirements specified in paragraphs with bag leak detection system, an (n)(1) through (10) of this section: electrostatic precipitator, particulate (1) The PM CEMS must be installed, matter CEMS, or particulate matter evaluated and operated in accordance CPMS, you must install, operate, cer- with the requirements of performance tify and maintain a continuous opacity specification 11 of appendix B of this monitoring system according to the part and quality assurance require- procedures in paragraphs (m)(1) ments of procedure 2 of appendix F of through (5) of this section by the com- this part and § 60.13; pliance date specified in § 60.2670. En- (2) The initial performance evalua- ergy recovery units that use a particu- tion must be completed no later than late matter CEMS to demonstrate ini- 180 days after the final compliance date tial and continuing compliance accord- for meeting the amended emission lim- ing to the procedures in § 60.2730(n) are itations, as specified under § 60.2690 or

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within 180 days of notification to the measured at stack oxygen content. The Administrator of use of the continuous 1-hour arithmetic averages must be monitoring system if the owner or op- calculated using the data points re- erator was previously determining quired under § 60.13(e)(2); compliance by Method 5 at 40 CFR part (8) All valid CEMS data must be used 60, appendix A–3 performance tests, in calculating average emission con- whichever is later; centrations even if the minimum (3) The owner or operator of an af- CEMS data requirements of paragraph fected facility may request that com- (n)(6) of this section are not met; pliance with the particulate matter (9) The CEMS must be operated ac- emission limit be determined using cording to performance specification 11 carbon dioxide measurements cor- in appendix B of this part; and, rected to an equivalent of 7 percent ox- (10) Quarterly and yearly accuracy ygen. The relationship between oxygen audits and daily drift, system optics, and carbon dioxide levels for the af- and sample volume checks must be per- fected facility must be established ac- formed in accordance with procedure 2 cording to the procedures and methods in appendix F of this part. specified in § 60.2710(t)(4)(i) through (o) To demonstrate initial and con- (iv); tinuous compliance with the carbon (4) The owner or operator of an af- monoxide emissions limit, a facility fected facility must conduct an initial may substitute use of a CEMS for the performance test for particulate mat- carbon monoxide initial and annual ter emissions. If PM CEMS are elected performance test to demonstrate com- for demonstrating compliance, and the pliance with the carbon monoxide initial performance test has not yet emissions limits: been conducted, then initial compli- (1) Install, calibrate, maintain, and ance must be determined by using the operate a CEMS for measuring carbon CEMS specified in paragraph (n) of this monoxide emissions discharged to the section to measure particulate matter. atmosphere and record the output of You must calculate a 30-day rolling av- the system. The requirements under erage of 1-hour arithmetic average performance specification 4A or 4B of emission concentrations, including appendix B of this part, the quality as- CEMS data during startup and shut- surance procedure 1 of appendix F of down, as defined in this subpart, using this part and the procedures under equation 19–19 in section 12.4.1 of EPA § 60.13 must be followed for installation, Reference Method 19 at 40 CFR part 60, evaluation, and operation of the CEMS; appendix A–7 of this part; and (5) Continuous compliance with the (2) Compliance with the carbon mon- particulate matter emission limit must oxide emission limit shall be deter- be determined based on the 30-day roll- mined based on the 30-day rolling aver- ing average calculated using equation age of the hourly arithmetic average 19–19 in section 12.4.1 of EPA Reference emission concentrations, including Method 19 at 40 CFR part 60, appendix CEMS data during startup and shut- A–7 of the part from the 1-hour arith- down as defined in this subpart, using metic average of the CEMS outlet data. CEMS outlet data, as outlined in (6) At a minimum, valid continuous § 60.2710(u). monitoring system hourly averages (p) The owner/operator of an affected must be obtained as specified § 60.2735; source with a bypass stack shall in- (7) The 1-hour arithmetic averages stall, calibrate (to manufacturers’ required under paragraph (n)(5) of this specifications), maintain and operate a section must be expressed in milli- device or method for measuring the use grams per dry standard cubic meter of the bypass stack including date, corrected to 7 percent oxygen (or car- time and duration. bon dioxide)(dry basis) and must be (q) For energy recovery units with a used to calculate the 30-day rolling av- heat input capacity of 100 MMBtu/hr or erage emission concentrations. CEMS greater that do not use a carbon mon- data during startup and shutdown, as oxide CEMS, you must install, operate defined in this subpart, are not cor- and maintain the continuous oxygen rected to 7 percent oxygen, and are monitoring system as defined in

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§ 60.2875 according to the procedures in late matter concentrations increments paragraphs (q)(1) through (4) of this no greater than 0.5 mg/actual cubic section: meter. (1) The oxygen analyzer system must (2) During the initial performance be installed by the initial performance test or any such subsequent perform- test date specified in § 60.2675; ance test that demonstrates compli- (2) You must operate the oxygen trim ance with the PM limit, you must ad- system within compliance with para- just the site-specific operating limit in graph (q)(3) of this section at all times; accordance with the results of the per- (3) You must maintain the oxygen formance test according to the proce- level such that the 30-day rolling aver- dures specified in § 60.2675. age that is established as the operating (3) Collect PM CPMS hourly average limit for oxygen according to para- output data for all energy recovery graph (q)(4) of this section is not below unit or waste-burning kiln operating the lowest hourly average oxygen con- hours. Express the PM CPMS output as centration measured during the most milliamps or the digital signal equiva- recent CO performance test; and lent. (4) You must calculate and record a (4) Calculate the arithmetic 30-day 30-day rolling average oxygen con- rolling average of all of the hourly av- centration using equation 19–19 in sec- erage PM CPMS output collected dur- tion 12.4.1 of EPA Reference Method 19 ing all energy recovery unit or waste- of appendix A–7 of this part. burning kiln operating hours data (r) For energy recovery units with (milliamps or digital bits). annual average heat input rates great- (5) You must collect data using the er than or equal to 250 MMBtu/hr and PM CPMS at all times the energy re- waste-burning kilns, you must install, covery unit or waste-burning kiln is calibrate, maintain, and operate a PM operating and at the intervals specified CPMS and record the output of the sys- in paragraph (r)(1)(ii) of this section, tem as specified in paragraphs (r)(1) except for periods of monitoring sys- through (8) of this section. For other tem malfunctions, repairs associated energy recovery units, you may elect with monitoring system malfunctions, to use PM CPMS operated in accord- required monitoring system quality as- ance with this section. PM CPMS are surance or quality control activities suitable in lieu of using other CMS for (including, as applicable, calibration monitoring PM compliance (e.g., bag checks and required zero and span ad- leak detectors, ESP secondary power, justments), and any scheduled mainte- PM scrubber pressure): nance as defined in your site-specific (1) Install, calibrate, operate, and monitoring plan. maintain your PM CPMS according to (6) You must use all the data col- the procedures in your approved site- lected during all energy recovery unit specific monitoring plan developed in or waste-burning kiln operating hours accordance with § 60.2710(l) and (r)(1)(i) in assessing the compliance with your through (iii) of this section: operating limit except: (i) The operating principle of the PM (i) Any data collected during moni- CPMS must be based on in-stack or ex- toring system malfunctions, repairs as- tractive light scatter, light scintilla- sociated with monitoring system mal- tion, beta attenuation, or mass accu- functions, or required monitoring sys- mulation of the exhaust gas or rep- tem quality assurance or quality con- resentative sample. The reportable trol activities conducted during moni- measurement output from the PM toring system malfunctions are not CPMS must be expressed as milliamps used in calculations (report any such or the digital signal equivalent; periods in your annual deviation re- (ii) The PM CPMS must have a cycle port); time (i.e., period required to complete (ii) Any data collected during periods sampling, measurement, and reporting when the monitoring system is out of for each measurement) no longer than control as specified in your site-spe- 60 minutes; and cific monitoring plan, repairs associ- (iii) The PM CPMS must be capable ated with periods when the monitoring of detecting and responding to particu- system is out of control, or required

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monitoring system quality assurance the hydrogen chloride performance or quality control activities conducted test. during out-of-control periods are not (t) If you are required to monitor used in calculations (report emissions clinker production because you comply or operating levels and report any such with the production-rate based mer- periods in your annual deviation re- cury limit for your waste-burning kiln, port); and you must: (iii) Any PM CPMS data recorded (1) Determine hourly clinker produc- during periods of CEMS data during tion by one of two methods: startup and shutdown, as defined in (i) Install, calibrate, maintain, and this subpart. operate a permanent weigh scale sys- (7) You must record and make avail- tem to measure and record weight able upon request results of PM CPMS rates in tons-mass per hour of the system performance audits, as well as amount of clinker produced. The sys- the dates and duration of periods from tem of measuring hourly clinker pro- when the PM CPMS is out of control duction must be maintained within ±5 until completion of the corrective ac- percent accuracy, or tions necessary to return the PM (ii) Install, calibrate, maintain, and CPMS to operation consistent with operate a permanent weigh scale sys- your site-specific monitoring plan. tem to measure and record weight (8) For any deviation of the 30-day rates in tons-mass per hour of the rolling average PM CPMS average amount of feed to the kiln. The system value from the established operating of measuring feed must be maintained parameter limit, you must: within ±5 percent accuracy. Calculate (i) Within 48 hours of the deviation, your hourly clinker production rate visually inspect the air pollution con- using a kiln-specific feed to clinker trol device; ratio based on reconciled clinker pro- (ii) If inspection of the air pollution duction determined for accounting pur- control device identifies the cause of poses and recorded feed rates. Update the deviation, take corrective action as this ratio monthly. Note that if this soon as possible and return the PM ratio changes at clinker reconciliation, CPMS measurement to within the es- you must use the new ratio going for- tablished value; ward, but you do not have to retro- (iii) Within 30 days of the deviation actively change clinker production or at the time of the annual compli- rates previously estimated. ance test, whichever comes first, con- (2) Determine the accuracy of the duct a PM emissions compliance test system of measuring hourly clinker to determine compliance with the PM production (or feed mass flow if appli- emissions limit and to verify the oper- cable) before the final compliance date ation of the emissions control de- of this rule and during each quarter of vice(s). Within 45 days of the deviation, source operation. you must re-establish the CPMS oper- (3) Conduct accuracy checks in ac- ating limit. You are not required to cordance with the procedures outlined conduct additional testing for any de- in your site-specific monitoring plan viations that occur between the time of under § 60.2710(l). the original deviation and the PM emissions compliance test required § 60.2735 Is there a minimum amount under this paragraph; and of monitoring data I must obtain? (iv) PM CPMS deviations leading to For each continuous monitoring sys- more than four required performance tem required or optionally allowed tests in a 12-month process operating under § 60.2730, you must monitor and period (rolling monthly) constitute a collect data according to this section: violation of this subpart. (a) You must operate the monitoring (s) If you use a dry scrubber to com- system and collect data at all required ply with the emission limits of this intervals at all times compliance is re- subpart, you must monitor the injec- quired except for periods of monitoring tion rate of each sorbent and maintain system malfunctions or out-of-control the 3-hour block averages at or above periods, repairs associated with moni- the operating limits established during toring system malfunctions or out-of-

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control periods (as specified in (2) Liquor flow rate to the wet scrub- § 60.2770(o)), and required monitoring ber inlet every 15 minutes of operation, system quality assurance or quality as applicable; control activities including, as applica- (3) Pressure drop across the wet ble, calibration checks and required scrubber system every 15 minutes of zero and span adjustments. A moni- operation or amperage to the wet toring system malfunction is any sud- scrubber every 15 minutes of operation, den, infrequent, not reasonably pre- as applicable; ventable failure of the monitoring sys- (4) Liquor pH as introduced to the tem to provide valid data. Monitoring wet scrubber every 15 minutes of oper- system failures that are caused in part ation, as applicable; by poor maintenance or careless oper- (5) For affected CISWIs that establish ation are not malfunctions. You are re- operating limits for controls other quired to effect monitoring system re- than wet scrubbers under § 60.2675(d) pairs in response to monitoring system through (g) or § 60.2680, you must main- malfunctions or out-of-control periods tain data collected for all operating pa- and to return the monitoring system to rameters used to determine compliance operation as expeditiously as prac- with the operating limits. For energy ticable. recovery units using activated carbon (b) You may not use data recorded injection or a dry scrubber, you must during the monitoring system malfunc- also maintain records of the load fractions, repairs associated with moni- tion and corresponding sorbent injec- toring system malfunctions or out-of tion rate records; and control periods, or required monitoring (6) If a fabric filter is used to comply system quality assurance or control ac- with the emission limitations, you tivities in calculations used to report must record the date, time, and dura- emissions or operating levels. You tion of each alarm and the time correc- must use all the data collected during tive action was initiated and com- all other periods, including data nor- pleted, and a brief description of the malized for above scale readings, in as- cause of the alarm and the corrective sessing the operation of the control de- action taken. You must also record the vice and associated control system. percent of operating time during each 6-month period that the alarm sounds, (c) Except for periods of monitoring calculated as specified in § 60.2675(c). system malfunctions or out-of-control (7) If you monitor clinker production periods, repairs associated with moni- in accordance with § 60.2730(t): toring system malfunctions or out-of- (i) Hourly clinker rate produced if control periods, and required moni- clinker production is measured di- toring system quality assurance or rectly; quality control activities including, as (ii) Hourly measured kiln feed rates applicable, calibration checks and re- and calculated clinker production rates quired zero and span adjustments, fail- if clinker production is not measured ure to collect required data is a devi- directly; ation of the monitoring requirements. (iii) 30-day rolling averages for mercury in pounds per million tons of MODEL RULE—RECORDKEEPING AND clinker produced; REPORTING (iv) The initial and quarterly accu- § 60.2740 What records must I keep? racy of the system of measruing hourly clinker production (or feed mass flow). You must maintain the items (as ap- (c)–(d) [Reserved] plicable) as specified in paragraphs (a), (e) Identification of calendar dates (b), and (e) through (w) of this section and times for which data show a devi- for a period of at least 5 years: ation from the operating limits in (a) Calendar date of each record; table 3 of this subpart or a deviation (b) Records of the data described in from other operating limits established paragraphs (b)(1) through (7) of this under § 60.2675(d) through (g) or § 60.2680 section: with a description of the deviations, (1) The CISWI charge dates, times, reasons for such deviations, and a de- weights, and hourly charge rates; scription of corrective actions taken.

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(f) The results of the initial, annual, must indicate which data are CEMS and any subsequent performance tests data during startup and shutdown: conducted to determine compliance (1) All 6-minute average levels of with the emission limits and/or to es- opacity; tablish operating limits, as applicable. (2) All 1-hour average concentrations Retain a copy of the complete test re- of sulfur dioxide emissions; port including calculations. (3) All 1-hour average concentrations (g) Records showing the names of of nitrogen oxides emissions; CISWI operators who have completed (4) All 1-hour average concentrations review of the information in § 60.2660(a) of carbon monoxide emissions; as required by § 60.2660(b), including the (5) All 1-hour average concentrations date of the initial review and all subse- of particulate matter emissions; quent annual reviews. (6) All 1-hour average concentrations (h) Records showing the names of the of mercury emissions; CISWI operators who have completed (7) All 1-hour average concentrations the operator training requirements of HCl CEMS outputs; under § 60.2635, met the criteria for (8) All 1-hour average percent oxygen qualification under § 60.2645, and main- concentrations; and tained or renewed their qualification (9) All 1-hour average PM CPMS under § 60.2650 or § 60.2655. Records must readings or particulate matter CEMS include documentation of training, the outputs. dates of the initial and refresher train- (p) Records indicating use of the by- ing, and the dates of their qualification pass stack, including dates, times and and all subsequent renewals of such durations. qualifications. (q) If you choose to stack test less frequently than annually, consistent (i) For each qualified operator, the with § 60.2720(a) through (c), you must phone and/or pager number at which keep annual records that document they can be reached during operating that your emissions in the previous hours. stack test(s) were less than 75 percent (j) Records of calibration of any mon- of the applicable emission limit and itoring devices as required under document that there was no change in § 60.2730. source operations including fuel com- (k) Equipment vendor specifications position and operation of air pollution and related operation and maintenance control equipment that would cause requirements for the incinerator, emis- emissions of the relevant pollutant to sion controls, and monitoring equip- increase within the past year. ment. (r) Records of the occurrence and du- (l) The information listed in ration of each malfunction of operation § 60.2660(a). (i.e., process equipment) or the air pol- (m) On a daily basis, keep a log of the lution control and monitoring equip- quantity of waste burned and the types ment. of waste burned (always required). (s) Records of all required mainte- (n) Maintain records of the annual nance performed on the air pollution air pollution control device inspections control and monitoring equipment. that are required for each CISWI sub- (t) Records of actions taken during ject to the emissions limits in table 2 periods of malfunction to minimize of this subpart or tables 6 through 9 of emissions in accordance with § 60.11(d), this subpart, any required maintenance including corrective actions to restore and any repairs not completed within malfunctioning process and air pollu- 10 days of an inspection or the time- tion control and monitoring equipment frame established by the state regu- to its normal or usual manner of oper- latory agency. ation. (o) For continuously monitored pol- (u) For operating units that combust lutants or parameters, you must docu- non-hazardous secondary materials ment and keep a record of the fol- that have been determined not to be lowing parameters measured using con- solid waste pursuant to § 241.3(b)(1) of tinuous monitoring systems. If you this chapter, you must keep a record monitor emissions with a CEMS, you which documents how the secondary

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material meets each of the legitimacy § 60.2760 What information must I sub- criteria under § 241.3(d)(1). If you commit following my initial perform- bust a fuel that has been processed ance test? from a discarded non-hazardous sec- You must submit the information ondary material pursuant to specified in paragraphs (a) through (c) § 241.3(b)(4), you must keep records as of this section no later than 60 days to how the operations that produced following the initial performance test. the fuel satisfies the definition of proc- All reports must be signed by the fa- essing in § 241.2 and each of the legit- cilities manager: imacy criteria in § 241.3(d)(1) of this (a) The complete test report for the chapter. If the fuel received a non- initial performance test results ob- waste determination pursuant to the tained under § 60.2700, as applicable; petition process submitted under (b) The values for the site-specific op- § 241.3(c), you must keep a record that erating limits established in § 60.2675 or § 60.2680; and documents how the fuel satisfies the (c) If you are using a fabric filter to requirements of the petition process. comply with the emission limitations, For operating units that combust non- documentation that a bag leak detec- hazardous secondary materials as fuel tion system has been installed and is per § 241.4, you must keep records docu- being operated, calibrated, and main- menting that the material is a listed tained as required by § 60.2730(b). non-waste under § 241.4(a). (v) Records of the criteria used to es- § 60.2765 When must I submit my an- tablish that the unit qualifies as a nual report? small power production facility under You must submit an annual report no section 3(17)(C) of the Federal Power later than 12 months following the sub- Act (16 U.S.C. 796(17)(C)) and that the mission of the information in § 60.2760. waste material the unit is proposed to You must submit subsequent reports burn is homogeneous. no more than 12 months following the (w) Records of the criteria used to es- previous report. (If the unit is subject tablish that the unit qualifies as a co- to permitting requirements under title generation facility under section V of the Clean Air Act, you may be re- 3(18)(B) of the Federal Power Act (16 quired by the permit to submit these U.S.C. 796(18)(B)) and that the waste reports more frequently.) material the unit is proposed to burn is § 60.2770 What information must I in- homogeneous. clude in my annual report? The annual report required under § 60.2745 Where and in what format must I keep my records? § 60.2765 must include the items listed in paragraphs (a) through (p) of this All records must be available onsite section. If you have a deviation from in either paper copy or computer-read- the operating limits or the emission able format that can be printed upon limitations, you must also submit devi- request, unless an alternative format is ation reports as specified in §§ 60.2775, approved by the Administrator. 60.2780, and 60.2785: (a) Company name and address; § 60.2750 What reports must I submit? (b) Statement by a responsible offi- See table 5 of this subpart for a sum- cial, with that official’s name, title, mary of the reporting requirements. and signature, certifying the accuracy of the content of the report; § 60.2755 When must I submit my (c) Date of report and beginning and waste management plan? ending dates of the reporting period; (d) The values for the operating lim- You must submit the waste manage- its established pursuant to § 60.2675 or ment plan no later than the date speci- § 60.2680; fied in table 1 of this subpart for sub- (e) If no deviation from any emission mittal of the final control plan. limitation or operating limit that applies to you has been reported, a statement that there was no deviation from

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the emission limitations or operating unknown cause, if applicable), as appli- limits during the reporting period; cable, and the corrective action taken. (f) The highest recorded 3-hour aver- (m) If there were periods during age and the lowest recorded 3-hour av- which the continuous monitoring sys- erage (30-day average for energy recov- tem, including the CEMS, was out of ery units), as applicable, for each oper- control as specified in paragraph (o) of ating parameter recorded for the cal- this section, the annual report must endar year being reported; contain the following information for (g) Information recorded under each deviation from an emission or op- § 60.2740(b)(6) and (c) through (e) for the erating limitation occurring for a calendar year being reported; CISWI for which you are using a con- (h) For each performance test continuous monitoring system to comply ducted during the reporting period, if with the emission and operating limi- any performance test is conducted, the tations in this subpart: process unit(s) tested, the pollutant(s) (1) The date and time that each mal- tested and the date that such perform- function started and stopped; ance test was conducted. Submit, fol- (2) The date, time, and duration that lowing the procedure specified in each CMS was inoperative, except for § 60.2795(b)(1), the performance test re- zero (low-level) and high-level checks; port no later than the date that you (3) The date, time, and duration that submit the annual report; each continuous monitoring system (i) If you met the requirements of was out-of-control, including start and § 60.2720(a) or (b), and did not conduct a end dates and hours and descriptions of performance test during the reporting corrective actions taken; period, you must state that you met (4) The date and time that each devi- the requirements of § 60.2720(a) or (b), ation started and stopped, and whether and, therefore, you were not required each deviation occurred during a period to conduct a performance test during of malfunction or during another pe- the reporting period; riod; (j) Documentation of periods when all (5) A summary of the total duration qualified CISWI operators were un- of the deviation during the reporting available for more than 8 hours, but period, and the total duration as a per- less than 2 weeks; cent of the total source operating time (k) If you had a malfunction during during that reporting period; the reporting period, the compliance report must include the number, dura- (6) A breakdown of the total duration tion, and a brief description for each of the deviations during the reporting type of malfunction that occurred dur- period into those that are due to con- ing the reporting period and that trol equipment problems, process prob- caused or may have caused any appli- lems, other known causes, and other cable emission limitation to be exceed- unknown causes; ed. The report must also include a de- (7) A summary of the total duration scription of actions taken by an owner of continuous monitoring system or operator during a malfunction of an downtime during the reporting period, affected source to minimize emissions and the total duration of continuous in accordance with § 60.11(d), including monitoring system downtime as a per- actions taken to correct a malfunction; cent of the total operating time of the (l) For each deviation from an emis- CISWI at which the continuous moni- sion or operating limitation that oc- toring system downtime occurred dur- curs for a CISWI for which you are not ing that reporting period; using a CMS to comply with the emis- (8) An identification of each param- sion or operating limitations in this eter and pollutant that was monitored subpart, the annual report must con- at the CISWI; tain the following information: (9) A brief description of the CISWI; (1) The total operating time of the (10) A brief description of the contin- CISWI at which the deviation occurred uous monitoring system; during the reporting period; and (11) The date of the latest continuous (2) Information on the number, dura- monitoring system certification or tion, and cause of deviations (including audit; and

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(12) A description of any changes in the calendar year (January 1 to June continuous monitoring system, proc- 30), and by February 1 of the following esses, or controls since the last report- year for data you collected during the ing period. second half of the calendar year (July 1 (n) If there were periods during which to December 31). the continuous monitoring system, including the CEMS, was not out of con- § 60.2780 What must I include in the trol as specified in paragraph (o) of this deviation report? section, a statement that there were In each report required under not periods during which the contin- § 60.2775, for any pollutant or parameter uous monitoring system was out of that deviated from the emission limi- control during the reporting period. tations or operating limits specified in (o) A continuous monitoring system this subpart, include the four items de- is out of control if any of the following scribed in paragraphs (a) through (d) of occur: this section: (1) The zero (low-level), mid-level (if (a) The calendar dates and times applicable), or high-level calibration your unit deviated from the emission drift exceeds two times the applicable limitations or operating limit require- calibration drift specification in the ments; applicable performance specification or (b) The averaged and recorded data in the relevant standard; for those dates; (2) The continuous monitoring sys- (c) Durations and causes of the fol- tem fails a performance test audit (e.g., lowing: cylinder gas audit), relative accuracy (1) Each deviation from emission lim- audit, relative accuracy test audit, or itations or operating limits and your linearity test audit; and corrective actions; and (3) The continuous opacity moni- (2) Bypass events and your corrective toring system calibration drift exceeds actions. (d) A copy of the operating limit two times the limit in the applicable monitoring data during each deviation performance specification in the rel- and for any test report that documents evant standard. the emission levels the process unit(s) (p) For energy recovery units, in- tested, the pollutant(s) tested and the clude the annual heat input and aver- date that the performance test was age annual heat input rate of all fuels conducted. Submit, following the pro- being burned in the unit to verify cedure specified in § 60.2795(b)(1), the which subcategory of energy recovery performance test report no later than unit applies. the date that you submit the deviation § 60.2775 What else must I report if I report. have a deviation from the operating limits or the emission limitations? § 60.2785 What else must I report if I have a deviation from the require- (a) You must submit a deviation re- ment to have a qualified operator port if any recorded 3-hour average (30- accessible? day average for energy recovery units (a) If all qualified operators are not or for PM CPMS) parameter level is accessible for 2 weeks or more, you above the maximum operating limit or must take the two actions in para- below the minimum operating limit es- graphs (a)(1) and (2) of this section: tablished under this subpart, if the bag (1) Submit a notification of the devi- leak detection system alarm sounds for ation within 10 days that includes the more than 5 percent of the operating three items in paragraphs (a)(1)(i) time for the 6-month reporting period, through (iii) of this section: if a performance test was conducted (i) A statement of what caused the that deviated from any emission limi- deviation; tation, if a 30-day average measured (ii) A description of what you are using a CEMS deviated from any emis- doing to ensure that a qualified oper- sion limitation. ator is accessible; and (b) The deviation report must be sub- (iii) The date when you anticipate mitted by August 1 of that year for that a qualified operator will be avail- data collected during the first half of able.

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(2) Submit a status report to the Ad- § 60.2795 In what form can I submit ministrator every 4 weeks that in- my reports? cludes the three items in paragraphs (a) Submit initial, annual and devi- (a)(2)(i) through (iii) of this section: ation reports electronically or in paper (i) A description of what you are format, postmarked on or before the doing to ensure that a qualified oper- submittal due dates. Beginning on ator is accessible; April 16, 2021 or once the reporting (ii) The date when you anticipate form has been available in CEDRI for 1 that a qualified operator will be acces- year, whichever is later, you must sub- sible; and mit subsequent reports on or before the (iii) Request approval from the Ad- submittal dates to the EPA via the ministrator to continue operation of Compliance and Emissions Data Re- the CISWI. porting Interface (CEDRI), which (b) If your unit was shut down by the CEDRI can be accessed through the Administrator, under the provisions of EPA’s Central Data Exchange (CDX) ( ). Use the appro- § 60.2665(b)(2), due to a failure to pro- https://cdx.epa.gov/ priate electronic report in CEDRI for vide an accessible qualified operator, this subpart or an alternate electronic you must notify the Administrator file format consistent with the exten- that you are resuming operation once a sible markup language (XML) schema qualified operator is accessible. listed on the CEDRI website (https:// www3.epa.gov/ttn/chief/cedri/index.html). § 60.2790 Are there any other notifications or reports that I must submit? When the date forms become available in CEDRI will be listed on the CEDRI (a) Yes. You must submit notifica- website. The reports must be submitted tions as provided by § 60.7. by the deadlines specified in this sub- (b) If you cease combusting solid part, regardless of the method in which waste but continue to operate, you the report is submitted. must provide 30 days prior notice of the (b) Submit results of each perform- effective date of the waste-to-fuel ance test and CEMS performance eval- switch, consistent with § 60.2710(a). The uation required by this subpart as fol- notification must identify: lows: (1) The name of the owner or oper- (1) Within 60 days after the date of ator of the CISWI, the location of the completing each performance test (see source, the emissions unit(s) that will § 60.8) required by this subpart, you cease burning solid waste, and the date must submit the results of the per- of the notice; formance test following the procedure (2) The currently applicable sub- specified in either paragraph (b)(1)(i) or category under this subpart, and any 40 (b)(1)(ii) of this section: CFR part 63 subpart and subcategory (i) For data collected using test methods supported by the EPA’s Elec- that will be applicable after you cease tronic Reporting Tool (ERT) as listed combusting solid waste; on the EPA’s ERT website (https:// (3) The fuel(s), non-waste material(s) www3.epa.gov/ttn/chief/ert/ and solid waste(s) the CISWI is cur- ertllinfo.html) at the time of the test, rently combusting and has combusted you must submit the results of the per- over the past 6 months, and the fuel(s) formance test to the EPA via the or non-waste materials the unit will CEDRI. (CEDRI can be accessed commence combusting; through the EPA’s CDX (https:// (4) The date on which you became cdx.epa.gov/).) Performance test data subject to the currently applicable must be submitted in a file format gen- emission limits; and erated through the use of the EPA’s (5) The date upon which you will ERT or an alternate electronic file for- cease combusting solid waste, and the mat consistent with the XML schema date (if different) that you intend for listed on the EPA’s ERT website. If any new requirements to become appli- you claim that some of the perform- cable (i.e., the effective date of the ance test information being submitted waste-to-fuel switch), consistent with is confidential business information paragraphs (b)(2) and (3) of this section. (CBI), you must submit a complete file

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generated through the use of the EPA’s mailed to U.S. EPA/OAQPS/CORE CBI ERT or an alternate electronic file con- Office, Attention: Group Leader, Meas- sistent with the XML schema listed on urement Policy Group, MD C404–02, the EPA’s ERT website, including in- 4930 Old Page Rd., Durham, NC 27703. formation claimed to be CBI, on a com- The same ERT or alternate file with pact disc, flash drive, or other com- the CBI omitted must be submitted to monly used electronic storage media to the EPA via the EPA’s CDX as de- the EPA. The electronic media must be scribed earlier in this paragraph; and clearly marked as CBI and mailed to (ii) For any performance evaluations U.S. EPA/OAQPS/CORE CBI Office, At- of continuous monitoring systems tention: Group Leader, Measurement measuring RATA pollutants that are Policy Group, MD C404–02, 4930 Old not supported by the EPA’s ERT as Page Rd., Durham, NC 27703. The same listed on the EPA’s ERT website at the ERT or alternate file with the CBI time of the evaluation, you must sub- omitted must be submitted to the EPA mit the results of the performance via the EPA’s CDX as described earlier evaluation to the Administrator at the in this paragraph; and appropriate address listed in § 60.4. (ii) For data collected using test (c) If you are required to electroni- methods that are not supported by the cally submit a report through the Com- EPA’s ERT as listed on the EPA’s ERT pliance and Emissions Data Reporting website at the time of the test, you Interface (CEDRI) in the EPA’s Central must submit the results of the per- Data Exchange (CDX), and due to a formance test to the Administrator at planned or actual outage of either the the appropriate address listed in § 60.4. EPA’s CEDRI or CDX systems within (2) Within 60 days after the date of the period of time beginning 5 business completing each continuous emissions days prior to the date that the submis- monitoring system performance eval- sion is due, you will be or are precluded uation you must submit the results of from accessing CEDRI or CDX and sub- the performance evaluation following mitting a required report within the the procedure specified in either para- time prescribed, you may assert a graph (b)(1) or (2) of this section: claim of EPA system outage for failure (i) For performance evaluations of to timely comply with the reporting continuous monitoring systems meas- requirement. You must submit notifi- uring relative accuracy test audit cation to the Administrator in writing (RATA) pollutants that are supported as soon as possible following the date by the EPA’s ERT as listed on the you first knew, or through due dili- EPA’s ERT website at the time of the gence should have known, that the evaluation, you must submit the re- event may cause or caused a delay in sults of the performance evaluation to reporting. You must provide to the Ad- the EPA via the CEDRI. CEDRI can be ministrator a written description iden- accessed through the EPA’s CDX. Per- tifying the date, time and length of the formance evaluation data must be sub- outage; a rationale for attributing the mitted in a file format generated delay in reporting beyond the regu- through the use of the EPA’s ERT or latory deadline to the EPA system out- an alternate file format consistent age; describe the measures taken or to with the XML schema listed on the be taken to minimize the delay in re- EPA’s ERT website. If you claim that porting; and identify a date by which some of the performance evaluation in- you propose to report, or if you have formation being submitted is CBI, you already met the reporting requirement must submit a complete file generated at the time of the notification, the through the use of the EPA’s ERT or date you reported. In any cir- an alternate electronic file consistent cumstance, the report must be sub- with the XML schema listed on the mitted electronically as soon as pos- EPA’s ERT website, including informa- sible after the outage is resolved. The tion claimed to be CBI, on a compact decision to accept the claim of EPA disc, flash drive, or other commonly system outage and allow an extension used electronic storage media to the to the reporting deadline is solely EPA. The electronic storage media within the discretion of the Adminis- must be clearly marked as CBI and trator.

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(d) If you are required to electroni- dures to seek approval to change your cally submit a report through CEDRI reporting date. in the EPA’s CDX and a force majeure event is about to occur, occurs, or has MODEL RULE—TITLE V OPERATING occurred or there are lingering effects PERMITS from such an event within the period of time beginning 5 business days prior to § 60.2805 Am I required to apply for the date the submission is due, the and obtain a Title V operating per- owner or operator may assert a claim mit for my unit? of force majeure for failure to timely Yes. Each CISWI and ACI subject to comply with the reporting require- standards under this subpart must op- ment. For the purposes of this section, erate pursuant to a permit issued a force majeure event is defined as an under Clean Air Act sections 129(e) and event that will be or has been caused Title V. by circumstances beyond the control of the affected facility, its contractors, or MODEL RULE—AIR CURTAIN any entity controlled by the affected INCINERATORS (ACIS) facility that prevents you from complying with the requirement to submit § 60.2810 What is an air curtain incin- a report electronically within the time erator? period prescribed. Examples of such (a) An ACI operates by forcefully pro- events are acts of nature (e.g., hurri- jecting a curtain of air across an open canes, earthquakes, or floods), acts of chamber or open pit in which combus- war or terrorism, or equipment failure tion occurs. Incinerators of this type or safety hazard beyond the control of can be constructed above or below the affected facility (e.g., large scale ground and with or without refractory power outage). If you intend to assert a walls and floor. Air curtain inciner- claim of force majeure, you must sub- ators are not to be confused with con- mit notification to the Administrator ventional combustion devices with en- in writing as soon as possible following closed fireboxes and controlled air the date you first knew, or through due technology such as mass burn, mod- diligence should have known, that the ular, and fluidized bed combustors. event may cause or caused a delay in (b) Air curtain incinerators that burn reporting. You must provide to the Ad- only the materials listed in paragraphs ministrator a written description of (b)(1) through (3) of this section are the force majeure event and a rationale only required to meet the requirements for attributing the delay in reporting under § 60.2805 and under ‘‘Air Curtain beyond the regulatory deadline to the force majeure event; describe the meas- Incinerators’’ (§§ 60.2810 through ures taken or to be taken to minimize 60.2870): the delay in reporting; and identify a (1) 100 percent wood waste; date by which you propose to report, or (2) 100 percent clean lumber; and if you have already met the reporting (3) 100 percent mixture of only wood requirement at the time of the notifi- waste, clean lumber, and/or yard waste. cation, the date you reported. In any circumstance, the reporting must § 60.2815 What are my requirements occur as soon as possible after the force for meeting increments of progress majeure event occurs. The decision to and achieving final compliance? accept the claim of force majeure and If you plan to achieve compliance allow an extension to the reporting more than 1 year following the effec- deadline is solely within the discretion tive date of state plan approval, you of the Administrator. must meet the two increments of progress specified in paragraphs (a) and § 60.2800 Can reporting dates be (b) of this section: changed? (a) Submit a final control plan; and If the Administrator agrees, you may (b) Achieve final compliance. change the semiannual or annual reporting dates. See § 60.19(c) for proce-

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§ 60.2820 When must I complete each § 60.2845 How do I comply with the in- increment of progress? crement of progress for achieving final compliance? Table 1 of this subpart specifies compliance dates for each of the incre- For the final compliance increment ments of progress. of progress, you must complete all process changes and retrofit construc- § 60.2825 What must I include in the tion of control devices, as specified in notifications of achievement of in- the final control plan, so that, if the af- crements of progress? fected incinerator is brought online, all Your notification of achievement of necessary process changes and air pol- increments of progress must include lution control devices would operate as the three items described in paragraphs designed. (a) through (c) of this section: (a) Notification that the increment of § 60.2850 What must I do if I close my progress has been achieved; air curtain incinerator and then restart it? (b) Any items required to be submitted with each increment of progress (a) If you close your incinerator but (see § 60.2840); and will reopen it prior to the final compli- (c) Signature of the owner or oper- ance date in your state plan, you must ator of the incinerator. meet the increments of progress specified in § 60.2815. § 60.2830 When must I submit the noti- (b) If you close your incinerator but fications of achievement of incre- will restart it after your final compli- ments of progress? ance date, you must complete emission Notifications for achieving incre- control retrofits and meet the emission ments of progress must be postmarked limitations on the date your inciner- no later than 10 business days after the ator restarts operation. compliance date for the increment. § 60.2855 What must I do if I plan to § 60.2835 What if I do not meet an in- permanently close my air curtain crement of progress? incinerator and not restart it? If you fail to meet an increment of If you plan to close your incinerator progress, you must submit a notifica- rather than comply with the state tion to the Administrator postmarked plan, submit a closure notification, in- within 10 business days after the date cluding the date of closure, to the Ad- for that increment of progress in table ministrator by the date your final con- 1 of this subpart. You must inform the trol plan is due. Administrator that you did not meet the increment, and you must continue § 60.2860 What are the emission limita- to submit reports each subsequent cal- tions for air curtain incinerators? endar month until the increment of After the date the initial stack test progress is met. is required or completed (whichever is earlier), you must meet the limitations § 60.2840 How do I comply with the in- in paragraphs (a) and (b) of this sec- crement of progress for submittal of tion: a control plan? (a) Maintain opacity to less than or For your control plan increment of equal to 10 percent opacity (as deter- progress, you must satisfy the two re- mined by the average of three 1-hour quirements specified in paragraphs (a) blocks consisting of ten 6-minute aver- and (b) of this section: age opacity values), except as described (a) Submit the final control plan, in- in paragraph (b) of this section; and cluding a description of any devices for (b) Maintain opacity to less than or air pollution control and any process equal to 35 percent opacity (as deter- changes that you will use to comply mined by the average of three 1-hour with the emission limitations and blocks consisting of ten 6-minute aver- other requirements of this subpart; and age opacity values) during the startup (b) Maintain an onsite copy of the period that is within the first 30 min- final control plan. utes of operation.

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§ 60.2865 How must I monitor opacity Administrator means the Adminis- for air curtain incinerators? trator of the U.S. Environmental Pro- (a) Use Method 9 of appendix A of tection Agency or his/her authorized this part to determine compliance with representative or Administrator of a the opacity limitation. State Air Pollution Control Agency. (b) Conduct an initial test for opacity Agricultural waste means vegetative as specified in § 60.8 no later than 180 agricultural materials such as nut and days after your final compliance date. grain hulls and chaff (e.g., almond, wal- (c) After the initial test for opacity, nut, peanut, rice, and wheat), bagasse, conduct annual tests no more than 12 orchard prunings, corn stalks, coffee calendar months following the date of bean hulls and grounds, and other vege- your previous test. tative waste materials generated as a result of agricultural operations. § 60.2870 What are the recordkeeping Air curtain incinerator (ACI) means an and reporting requirements for air incinerator that operates by forcefully curtain incinerators? projecting a curtain of air across an (a) Keep records of results of all ini- open chamber or pit in which combus- tial and annual opacity tests onsite in tion occurs. Incinerators of this type either paper copy or electronic format, can be constructed above or below unless the Administrator approves an- ground and with or without refractory other format, for at least 5 years. walls and floor. Air curtain inciner- (b) Make all records available for ators are not to be confused with con- submittal to the Administrator or for ventional combustion devices with en- an inspector’s onsite review. closed fireboxes and controlled air (c) Submit an initial report no later technology such as mass burn, mod- than 60 days following the initial opac- ular, and fluidized bed combustors. ity test that includes the information Annual heat input means the heat specified in paragraphs (c)(1) and (2) of input for the 12 months preceding the this section: compliance demonstration. (1) The types of materials you plan to Auxiliary fuel means natural gas, combust in your ACI; and liquified petroleum gas, fuel oil, or die- (2) The results (as determined by the sel fuel. average of three 1-hour blocks con- Average annual heat input rate means sisting of ten 6-minute average opacity annual heat input divided by the hours values) of the initial opacity tests. of operation for the 12 months pre- (d) Submit annual opacity test re- ceding the compliance demonstration. sults within 12 months following the Bag leak detection system means an in- previous report. strument that is capable of monitoring (e) Submit initial and annual opacity particulate matter loadings in the ex- test reports as electronic or paper copy haust of a fabric filter (i.e., baghouse) on or before the applicable submittal in order to detect bag failures. A bag date and keep a copy onsite for a pe- leak detection system includes, but is riod of 5 years. not limited to, an instrument that operates on triboelectric, light scat- MODEL RULE—DEFINITIONS tering, light transmittance, or other principle to monitor relative particu- § 60.2875 What definitions must I late matter loadings. know? Burn-off oven means any rack rec- Terms used but not defined in this lamation unit, part reclamation unit, subpart are defined in the Clean Air or drum reclamation unit. A burn-off Act and subparts A and B of this part. oven is not an incinerator, waste-burn- 30-day rolling average means the ing kiln, an energy recovery unit or a arithmetic mean of the previous 720 small, remote incinerator under this hours of valid operating data. Valid subpart. data excludes periods when this unit is Bypass stack means a device used for not operating. The 720 hours should be discharging combustion gases to avoid consecutive, but not necessarily con- severe damage to the air pollution continuous if operations are intermittent. trol device or other equipment.

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Calendar quarter means three con- time from when a shutdown kiln first secutive months (nonoverlapping) be- begins firing fuel until it begins pro- ginning on: January 1, April 1, July 1, ducing clinker. Startup begins when a or October 1. shutdown kiln turns on the induced Calendar year means 365 consecutive draft fan and begins firing fuel in the days starting on January 1 and ending main burner. Startup ends when feed is on December 31. being continuously introduced into the CEMS data during startup and shut- kiln for at least 120 minutes or when down means the following: the feed rate exceeds 60 percent of the (1) For incinerators and small remote kiln design limitation rate, whichever incinerators: CEMS data collected dur- occurs first. Shutdown means the ces- ing the first hours of operation of a sation of kiln operation. Shutdown be- CISWI startup from a cold start until gins when feed to the kiln is halted and waste is fed into the unit and the hours ends when continuous kiln rotation of operation following the cessation of ceases. waste material being fed to the CISWI Chemical recovery unit means combus- during a unit shutdown. For each start- tion units burning materials to recover up event, the length of time that CEMS chemical constituents or to produce data may be claimed as being CEMS chemical compounds where there is an data during startup must be 48 oper- existing commercial market for such ating hours or less. For each shutdown recovered chemical constituents or event, the length of time that CEMS compounds. A chemical recovery unit data may be claimed as being CEMS is not an incinerator, a waste-burning data during shutdown must be 24 oper- kiln, an energy recovery unit or a ating hours or less; small, remote incinerator under this (2) For energy recovery units: CEMS subpart. The following seven types of data collected during the startup or units are considered chemical recovery shutdown periods of operation. Startup units: begins with either the first-ever firing (1) Units burning only pulping liquors of fuel in a boiler or process heater for (i.e., black liquor) that are reclaimed in the purpose of supplying useful ther- a pulping liquor recovery process and mal energy (such as steam or heat) for reused in the pulping process; heating, cooling or process purposes, or (2) Units burning only spent sulfuric producing electricity, or the firing of acid used to produce virgin sulfuric fuel in a boiler or process heater for acid; any purpose after a shutdown event. (3) Units burning only wood or coal Startup ends four hours after when the feedstock for the production of char- boiler or process heater makes useful coal; thermal energy (such as heat or steam) (4) Units burning only manufacturing for heating, cooling, or process pur- byproduct streams/residue containing poses, or generates electricity, which- catalyst metals that are reclaimed and ever is earlier. Shutdown begins when reused as catalysts or used to produce the boiler or process heater no longer commercial grade catalysts; makes useful thermal energy (such as (5) Units burning only coke to heat or steam) for heating, cooling, or produce purified carbon monoxide that process purposes and/or generates elec- is used as an intermediate in the pro- tricity or when no fuel is being fed to duction of other chemical compounds; the boiler or process heater, whichever (6) Units burning only hydrocarbon is earlier. Shutdown ends when the liquids or solids to produce hydrogen, boiler or process heater no longer carbon monoxide, synthesis gas, or makes useful thermal energy (such as other gases for use in other manufac- steam or heat) for heating, cooling, or turing processes; and process purposes and/or generates elec- (7) Units burning only photographic tricity, and no fuel is being combusted film to recover silver. in the boiler or process heater; and Chemotherapeutic waste means waste (3) For waste-burning kilns: CEMS material resulting from the production data collected during the periods of or use of antineoplastic agents used for kiln operation that do not include nor- the purpose of stopping or reversing mal operations. Startup means the the growth of malignant cells.

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Clean lumber means wood or wood record of emissions or process param- products that have been cut or shaped eters. A particulate matter continuous and include wet, air-dried, and kiln- parameter monitoring system (PM dried wood products. Clean lumber does CPMS) is a type of CMS. not include wood products that have Cyclonic burn barrel means a combus- been painted, pigment-stained, or pres- tion device for waste materials that is sure-treated by compounds such as attached to a 55 gallon, open-head chromate copper arsenate, drum. The device consists of a lid, pentachlorophenol, and creosote. which fits onto and encloses the drum, Commercial and industrial solid waste and a blower that forces combustion incineration unit (CISWI) means any dis- air into the drum in a cyclonic manner tinct operating unit of any commercial to enhance the mixing of waste mate- or industrial facility that combusts, or rial and air. A cyclonic burn barrel is has combusted in the preceding 6 not an incinerator, a waste-burning months, any solid waste as that term is kiln, an energy recovery unit or a defined in 40 CFR part 241. If the oper- small, remote incinerator under this ating unit burns materials other than subpart. traditional fuels as defined in § 241.2 Deviation means any instance in that have been discarded, and you do which an affected source subject to this not keep and produce records as re- subpart, or an owner or operator of quired by § 60.2740(u), the operating such a source: unit is a CISWI. While not all CISWIs (1) Fails to meet any requirement or will include all of the following compo- obligation established by this subpart, nents, a CISWI includes, but is not lim- including but not limited to any emis- ited to, the solid waste feed system, sion limitation, operating limit, or op- grate system, flue gas system, waste erator qualification and accessibility heat recovery equipment, if any, and requirements; and bottom ash system. The CISWI does (2) Fails to meet any term or condi- not include air pollution control equip- tion that is adopted to implement an ment or the stack. The CISWI bound- applicable requirement in this subpart ary starts at the solid waste hopper (if and that is included in the operating applicable) and extends through two permit for any affected source required areas: The combustion unit flue gas to obtain such a permit. system, which ends immediately after Dioxins/furans means tetra-through the last combustion chamber or after octachlorinated dibenzo-p-dioxins and the waste heat recovery equipment, if dibenzofurans. any; and the combustion unit bottom Discard means, for purposes of this ash system, which ends at the truck subpart and 40 CFR part 60, subpart loading station or similar equipment DDDD, only, burned in an incineration that transfers the ash to final disposal. unit without energy recovery. The CISWI includes all ash handling Drum reclamation unit means a unit systems connected to the bottom ash that burns residues out of drums (e.g., handling system. 55 gallon drums) so that the drums can Contained gaseous material means be reused. gases that are in a container when that Dry scrubber means an add-on air pol- container is combusted. lution control system that injects dry Continuous emission monitoring system alkaline sorbent (dry injection) or (CEMS) means the total equipment sprays an alkaline sorbent (spray that may be required to meet the data dryer) to react with and neutralize acid acquisition and availability require- gas in the exhaust stream forming a ments of this subpart, used to sample, dry powder material. Sorbent injection condition (if applicable), analyze, and systems in fluidized bed boilers and provide a record of emissions. process heaters are included in this def- Continuous monitoring system (CMS) inition. A dry scrubber is a dry control means the total equipment, required system. under the emission monitoring sections Energy recovery means the process of in applicable subparts, used to sample recovering thermal energy from com- and condition (if applicable), to ana- bustion for useful purposes such as lyze, and to provide a permanent steam generation or process heating.

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Energy recovery unit means a combus- exhaust gases from the clinker cooler tion unit combusting solid waste (as alone are not an in-line coal mill. that term is defined by the Adminis- In-line kiln/raw mill means a system trator in 40 CFR part 241) for energy re- in a Portland Cement production proc- covery. Energy recovery units include ess where a dry kiln system is inte- units that would be considered boilers grated with the raw mill so that all or and process heaters if they did not a portion of the kiln exhaust gases are combust solid waste. used to perform the drying operation of Energy recovery unit designed to burn the raw mill, with no auxiliary heat biomass (Biomass) means an energy resource used. In this system the kiln is covery unit that burns solid waste, bio- capable of operating without the raw mass, and non-coal solid materials but mill operating, but the raw mill cannot less than 10 percent coal, on a heat operate without the kiln gases, and input basis on an annual average, ei- consequently, the raw mill does not ther alone or in combination with liq- generate a separate exhaust gas uid waste, liquid fuel or gaseous fuels. stream. Energy recovery unit designed to burn Kiln means an oven or furnace, in- coal (Coal) means an energy recovery cluding any associated preheater or unit that burns solid waste and at least precalciner devices, in-line raw mills, 10 percent coal on a heat input basis on in-line coal mills or alkali bypasses an annual average, either alone or in used for processing a substance by combination with liquid waste, liquid burning, firing or drying. Kilns include fuel or gaseous fuels. cement kilns that produce clinker by Energy recovery unit designed to burn heating limestone and other materials liquid waste materials and gas (Liquid/ for subsequent production of Portland gas) means an energy recovery unit Cement. Because the alkali bypass, in- that burns a liquid waste with liquid or line raw mill and in-line coal mill are gaseous fuels not combined with any considered an integral part of the kiln, solid fuel or waste materials. the kiln emissions limits also apply to Energy recovery unit designed to burn the exhaust of the alkali bypass, in- solid materials (Solids) includes energy line raw mill and in-line coal mill. recovery units designed to burn coal and energy recovery units designed to Laboratory analysis unit means units burn biomass. that burn samples of materials for the Fabric filter means an add-on air pol- purpose of chemical or physical anal- lution control device used to capture ysis. A laboratory analysis unit is not particulate matter by filtering gas an incinerator, waste-burning kiln, an streams through filter media, also energy recovery unit or a small, re- known as a baghouse. mote incinerator under this subpart. Foundry sand thermal reclamation unit Load fraction means the actual heat means a type of part reclamation unit input of an energy recovery unit di- that removes coatings that are on vided by heat input during the per- foundry sand. A foundry sand thermal formance test that established the reclamation unit is not an incinerator, minimum sorbent injection rate or a waste-burning kiln, an energy recov- minimum activated carbon injection ery unit or a small, remote incinerator rate, expressed as a fraction (e.g., for 50 under this subpart. percent load the load fraction is 0.5). Incinerator means any furnace used in Low-level radioactive waste means the process of combusting solid waste waste material which contains radio- (as that term is defined by the Admin- active nuclides emitting primarily beta istrator in 40 CFR part 241) for the pur- or gamma radiation, or both, in con- pose of reducing the volume of the centrations or quantities that exceed waste by removing combustible mat- applicable federal or state standards ter. Incinerator designs include single for unrestricted release. Low-level ra- chamber and two-chamber. dioactive waste is not high-level radio- In-line coal mill means those coal active waste, spent nuclear fuel, or by- mills using kiln exhaust gases in their product material as defined by the process. Coal mills with a heat source Atomic Energy Act of 1954 (42 U.S.C. other than the kiln or coal mills using 2014(e)(2)).

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Malfunction means any sudden, infre- construction, renovation, and demoli- quent, and not reasonably preventable tion wastes (which include railroad ties failure of air pollution control equip- and telephone poles); clean wood; in- ment, process equipment, or a process dustrial process or manufacturing to operate in a normal or usual man- wastes; medical waste; or motor vehi- ner. Failures that are caused, in part, cles (including motor vehicle parts or by poor maintenance or careless oper- vehicle fluff). ation are not malfunctions. Opacity means the degree to which Minimum voltage or amperage means 90 emissions reduce the transmission of percent of the lowest test-run average light and obscure the view of an object voltage or amperage to the electro- in the background. static precipitator measured during the Operating day means a 24-hour period most recent particulate matter or mer- between 12:00 midnight and the fol- cury performance test demonstrating lowing midnight during which any compliance with the applicable emis- amount of solid waste is combusted at sion limits. any time in the CISWI. Modification or modified CISWI means Oxygen analyzer system means all a CISWI that has been changed later equipment required to determine the than August 7, 2013, and that meets one oxygen content of a gas stream and of two criteria: used to monitor oxygen in the boiler or (1) The cumulative cost of the process heater flue gas, boiler/process changes over the life of the unit ex- heater, firebox, or other appropriate lo- ceeds 50 percent of the original cost of cation. This definition includes oxygen building and installing the CISWI (not trim systems and certified oxygen including the cost of land) updated to CEMS. The source owner or operator is current costs (current dollars). To de- responsible to install, calibrate, main- termine what systems are within the tain, and operate the oxygen analyzer boundary of the CISWI used to cal- system in accordance with the manu- culate these costs, see the definition of facturer’s recommendations. CISWI; and Oxygen trim system means a system of (2) Any physical change in the CISWI monitors that is used to maintain ex- or change in the method of operating it cess air at the desired level in a com- that increases the amount of any air bustion device over its operating range. pollutant emitted for which section 129 A typical system consists of a flue gas or section 111 of the Clean Air Act has oxygen and/or carbon monoxide mon- established standards. itor that automatically provides a Municipal solid waste or municipal-type feedback signal to the combustion air solid waste means household, commer- controller or draft controller. cial/retail, or institutional waste. Part reclamation unit means a unit Household waste includes material dis- that burns coatings off parts (e.g., carded by residential dwellings, hotels, tools, equipment) so that the parts can motels, and other similar permanent or be reconditioned and reused. temporary housing. Commercial/retail Particulate matter means total partic- waste includes material discarded by ulate matter emitted from CISWIs as stores, offices, restaurants, ware- measured by Method 5 or Method 29 of houses, nonmanufacturing activities at appendix A of this part. industrial facilities, and other similar Pathological waste means waste mate- establishments or facilities. Institu- rial consisting of only human or ani- tional waste includes materials dis- mal remains, anatomical parts, and/or carded by schools, by hospitals (non- tissue, the bags/containers used to col- medical), by nonmanufacturing activi- lect and transport the waste material, ties at prisons and government facili- and animal bedding (if applicable). ties, and other similar establishments Performance evaluation means the or facilities. Household, commercial/re- conduct of relative accuracy testing, tail, and institutional waste does in- calibration error testing, and other clude yard waste and refuse-derived measurements used in validating the fuel. Household, commercial/retail, and continuous monitoring system data. institutional waste does not include Performance test means the collection used oil; sewage sludge; wood pallets; of data resulting from the execution of

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a test method (usually three emission culate these costs, see the definition of test runs) used to demonstrate compli- CISWI. ance with a relevant emission standard Refuse-derived fuel means a type of as specified in the performance test municipal solid waste produced by section of the relevant standard. processing municipal solid waste Process change means any of the fol- through shredding and size classifica- lowing physical or operational changes: tion. This includes all classes of refuse- (1) A physical change (maintenance derived fuel including two fuels: activities excluded) to the CISWI (1) Low-density fluff refuse-derived which may increase the emission rate fuel through densified refuse-derived of any air pollutant to which a stand- fuel; and ard applies; (2) Pelletized refuse-derived fuel. (2) An operational change to the Responsible official means one of the CISWI where a new type of non-haz- following: ardous secondary material is being (1) For a corporation: A president, combusted; secretary, treasurer, or vice-president (3) A physical change (maintenance of the corporation in charge of a prin- activities excluded) to the air pollution cipal business function, or any other control devices used to comply with person who performs similar policy or the emission limits for the CISWI (e.g., decision-making functions for the cor- replacing an electrostatic precipitator poration, or a duly authorized rep- with a fabric filter); and resentative of such person if the rep- (4) An operational change to the air resentative is responsible for the over- pollution control devices used to com- all operation of one or more manufac- ply with the emission limits for the af- turing, production, or operating facili- fected CISWI (e.g., change in the sor- ties applying for or subject to a permit bent injection rate used for activated and either: carbon injection). (i) The facilities employ more than Rack reclamation unit means a unit 250 persons or have gross annual sales that burns the coatings off racks used or expenditures exceeding $25 million to hold small items for application of a (in second quarter 1980 dollars); or coating. The unit burns the coating (ii) The delegation of authority to overspray off the rack so the rack can such representatives is approved in ad- be reused. vance by the permitting authority; Raw mill means a ball or tube mill, (2) For a partnership or sole propri- vertical roller mill or other size reduc- etorship: a general partner or the pro- tion equipment, that is not part of an prietor, respectively; in-line kiln/raw mill, used to grind feed (3) For a municipality, state, federal, to the appropriate size. Moisture may or other public agency: Either a prin- be added or removed from the feed dur- cipal executive officer or ranking electing the grinding operation. If the raw ed official. For the purposes of this mill is used to remove moisture from part, a principal executive officer of a feed materials, it is also, by definition, Federal agency includes the chief exec- a raw material dryer. The raw mill also utive officer having responsibility for includes the air separator associated the overall operations of a principal ge- with the raw mill. ographic unit of the agency (e.g., a Re- Reconstruction means rebuilding a gional Administrator of EPA); or CISWI and meeting two criteria: (4) For affected facilities: (1) The reconstruction begins on or (i) The designated representative in after August 7, 2013; and so far as actions, standards, require- (2) The cumulative cost of the con- ments, or prohibitions under Title IV struction over the life of the inciner- of the Clean Air Act or the regulations ation unit exceeds 50 percent of the promulgated thereunder are concerned; original cost of building and installing or the CISWI (not including land) updated (ii) The designated representative for to current costs (current dollars). To any other purposes under part 60. determine what systems are within the Shutdown means, for incinerators and boundary of the CISWI used to cal- small, remote incinerators, the period

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of time after all waste has been com- and that such air curtain incinerators busted in the primary chamber. comply with opacity limitations to be Small, remote incinerator means an in- established by the Administrator by cinerator that combusts solid waste (as rule. that term is defined by the Adminis- Space heater means a unit that meets trator in 40 CFR part 241) and combusts the requirements of 40 CFR 279.23. A 3 tons per day or less solid waste and is space heater is not an incinerator, a more than 25 miles driving distance to waste-burning kiln, an energy recovery the nearest municipal solid waste land- unit or a small, remote incinerator fill. under this subpart. Soil treatment unit means a unit that Standard conditions, when referring to thermally treats petroleum-contami- units of measure, means a temperature nated soils for the sole purpose of site of 68 °F (20 °C) and a pressure of 1 at- remediation. A soil treatment unit mosphere (101.3 kilopascals). may be direct-fired or indirect fired. A Startup period means, for incinerators soil treatment unit is not an inciner- and small, remote incinerators, the pe- ator, a waste-burning kiln, an energy riod of time between the activation of recovery unit or a small, remote incin- the system and the first charge to the erator under this subpart. unit. Solid waste means the term solid Useful thermal energy means energy waste as defined in 40 CFR 241.2. (i.e., steam, hot water, or process heat) Solid waste incineration unit means a that meets the minimum operating distinct operating unit of any facility temperature and/or pressure required which combusts any solid waste (as by any energy use system that uses en- that term is defined by the Adminis- ergy provided by the affected energy trator in 40 CFR part 241) material recovery unit. from commercial or industrial estab- Waste-burning kiln means a kiln that lishments or the general public (includ- is heated, in whole or in part, by com- ing single and multiple residences, ho- busting solid waste (as the term is de- tels and motels). Such term does not fined by the Administrator in 40 CFR include incinerators or other units re- part 241). Secondary materials used in quired to have a permit under section Portland cement kilns shall not be 3005 of the Solid Waste Disposal Act. deemed to be combusted unless they The term ‘‘solid waste incineration are introduced into the flame zone in unit’’ does not include: the hot end of the kiln or mixed with (1) Materials recovery facilities (in- the precalciner fuel. cluding primary or secondary smelters) Wet scrubber means an add-on air pol- which combust waste for the primary lution control device that uses an purpose of recovering metals; aqueous or alkaline scrubbing liquor to (2) Qualifying small power production collect particulate matter (including facilities, as defined in section 3(17)(C) nonvaporous metals and condensed of the Federal Power Act (16 U.S.C. organics) and/or to absorb and neu- 769(17)(C)), or qualifying cogeneration tralize acid gases. facilities, as defined in section 3(18)(B) Wood waste means untreated wood of the Federal Power Act (16 U.S.C. and untreated wood products, including 796(18)(B)), which burn homogeneous tree stumps (whole or chipped), trees, waste (such as units which burn tires tree limbs (whole or chipped), bark, or used oil, but not including refuse-de- sawdust, chips, scraps, slabs, millings, rived fuel) for the production of elec- and shavings. Wood waste does not in- tric energy or in the case of qualifying clude: cogeneration facilities which burn ho- (1) Grass, grass clippings, bushes, mogeneous waste for the production of shrubs, and clippings from bushes and electric energy and steam or forms of shrubs from residential, commercial/re- useful energy (such as heat) which are tail, institutional, or industrial sources used for industrial, commercial, heat- as part of maintaining yards or other ing or cooling purposes; or private or public lands; (3) Air curtain incinerators provided (2) Construction, renovation, or dem- that such incinerators only burn wood olition wastes; or wastes, yard wastes and clean lumber (3) Clean lumber.

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TABLE 1 TO SUBPART DDDD OF PART 60—MODEL RULE—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES

Comply with these increments of progress By these dates 1

Increment 1-Submit final control plan ...... (Dates to be specified in state plan). Increment 2-Final compliance ...... (Dates to be specified in state plan).2 1 Site-specific schedules can be used at the discretion of the state. 2 The date can be no later than 3 years after the effective date of state plan approval or December 1, 2005 for CISWIs that commenced construction on or before November 30, 1999. The date can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018, for CISWIs that commenced construction on or before June 4, 2010.

TABLE 2 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS BEFORE [DATE TO BE SPECIFIED IN STATE PLAN] 1

You must meet this And determining compliance For the air pollutant Using this averaging time 3 emission limitation 2 using this method 3

Cadmium ...... 0.004 milligrams per dry 3-run average (1 hour min- Performance test (Method 29 standard cubic meter. imum sample time per run). of appendix A of this part). Carbon monoxide ...... 157 parts per million by dry 3-run average (1 hour min- Performance test (Method 10, volume. imum sample time per run). 10A, or 10B, of appendix A of this part). Dioxins/furans (toxic equiva- 0.41 nanograms per dry 3-run average (1 hour min- Performance test (Method 23 lency basis). standard cubic meter. imum sample time per run). of appendix A of this part). Hydrogen chloride ...... 62 parts per million by dry 3-run average (For Method Performance test (Method 26 volume. 26, collect a minimum vol- or 26A at 40 CFR part 60, ume of 120 liters per run. appendix A–8). For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). Lead ...... 0.04 milligrams per dry stand- 3-run average (1 hour min- Performance test (Method 29 ard cubic meter. imum sample time per run). of appendix A of this part). Mercury ...... 0.47 milligrams per dry stand- 3-run average (1 hour min- Performance test (Method 29 ard cubic meter. imum sample time per run). or 30B at 40 CFR part 60, appendix A–8) or ASTM D6784–02 (Reapproved 2008).4 Opacity ...... 10 percent ...... Three 1-hour blocks con- Performance test (Method 9 sisting of ten 6-minute aver- at 40 CFR part 60, appen- age opacity values. dix A–4). Nitrogen oxides ...... 388 parts per million by dry 3-run average (1 hour min- Performance test (Methods 7 volume. imum sample time per run). or 7E at 40 CFR part 60, appendix A–4). Particulate matter ...... 70 milligrams per dry stand- 3-run average (1 hour min- Performance test (Method 5 ard cubic meter. imum sample time per run). or 29 of appendix A of this part). Sulfur dioxide ...... 20 parts per million by dry 3-run average (1 hour min- Performance test (Method 6 volume. imum sample time per run). or 6c of appendix A of this part). 1 Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2710 and 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17.

TABLE 3 TO SUBPART DDDD OF PART 60—MODEL RULE—OPERATING LIMITS FOR WET SCRUBBERS

And monitor using these minimum frequencies For these operating You must establish parameters these operating limits Data Data measurement recording Averaging time

Charge rate ...... Maximum charge rate .. Continuous ...... Every hour ...... Daily (batch units). 3- hour rolling (continuous and intermittent units).1

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And monitor using these minimum frequencies For these operating You must establish parameters these operating limits Data Data measurement recording Averaging time

Pressure drop across Minimum pressure drop Continuous ...... Every 15 minutes ...... 3-hour rolling.1 the wet scrubber or or amperage. amperage to wet scrubber. Scrubber liquor flow Minimum flow rate ...... Continuous ...... Every 15 minutes ...... 3-hour rolling.1 rate. Scrubber liquor pH ...... Minimum pH ...... Continuous ...... Every 15 minutes ...... 3-hour rolling.1 1 Calculated each hour as the average of the previous 3 operating hours.

TABLE 4 TO SUBPART DDDD OF PART 60—MODEL RULE—TOXIC EQUIVALENCY FACTORS

Toxic Dioxin/furan isomer equivalency factor

TABLE 5 TO SUBPART DDDD OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS 1

Report Due date Contents Reference

Waste Management No later than the date • Waste management plan ...... § 60.2755. Plan. specified in table 1 for submittal of the final control plan. Initial Test Report ...... No later than 60 days • Complete test report for the initial perform- § 60.2760. following the initial ance test. performance test. • The values for the site-specific operating limits. • Installation of bag leak detection systems for fabric filters.

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Report Due date Contents Reference

Annual report ...... No later than 12 months • Name and address ...... §§ 60.2765 and following the submis- • Statement and signature by responsible offi- 60.2770. sion of the initial test cial. report. Subsequent • Date of report ...... reports are to be sub- • Values for the operating limits ...... mitted no more than • Highest recorded 3-hour average and the low- 12 months following est 3-hour average, as applicable, (or 30-day the previous report. average, if applicable) for each operating parameter recorded for the calendar year being reported. • If a performance test was conducted during the reporting period, the results of the test. • If a performance test was not conducted during the reporting period, a statement that the requirements of § 60.2720(a) were met. • Documentation of periods when all qualified CISWI operators were unavailable for more than 8 hours but less than 2 weeks. • If you are conducting performance tests once every 3 years consistent with § 60.2720(a), the date of the last 2 performance tests, a comparison of the emission level you achieved in the last 2 performance tests to the 75 percent emission limit threshold required in § 60.2720(a) and a statement as to whether there have been any operational changes since the last performance test that could increase emissions. • Any malfunction, deviation, or continuous monitoring system out of control periods information as specified in § 60.2770(k) through (o). • Fuel input information for energy recovery unit subcategory verification as specified in § 60.2770(p). Emission limitation or By August 1 of that • Dates and times of deviation ...... § 60.2775 and 60.2780. operating limit devi- year for data col- • Averaged and recorded data for those dates ation report. lected during the first • Duration and causes of each deviation and half of the calendar the corrective actions taken. year. By February 1 • Copy of operating limit monitoring data and of the following year any test reports. for data collected dur- • Dates, times and causes for monitor down- ing the second half of time incidents. the calendar year. Qualified Operator Devi- Within 10 days of devi- • Statement of cause of deviation ...... § 60.2785(a)(1). ation Notification. ation. • Description of efforts to have an accessible qualified operator. • The date a qualified operator will be accessible. Qualified Operator Devi- Every 4 weeks following • Description of efforts to have an accessible § 60.2785(a)(2). ation Status Report. deviation. qualified operator. • The date a qualified operator will be accessible. • Request for approval to continue operation .... Qualified Operator Devi- Prior to resuming oper- • Notification that you are resuming operation .. § 60.2785(b). ation Notification of ation. Resumed Operation.

1 This table is only a summary, see the referenced sections of the rule for the complete requirements.

TABLE 6 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO INCINERATORS ON AND AFTER [DATE TO BE SPECIFIED IN STATE PLAN] 1

You must meet this And determining compliance For the air pollutant Using this averaging time 3 emission limitation 2 using this method 3

Cadmium ...... 0.0026 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–8). Use ICPMS for the analytical finish.

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You must meet this And determining compliance For the air pollutant Using this averaging time 3 emission limitation 2 using this method 3

Carbon monoxide ...... 17 parts per million dry vol- 3-run average (1 hour min- Performance test (Method 10 ume. imum sample time per run). at 40 CFR part 60, appendix A–4). Dioxins/furans (total mass 4.6 nanograms per dry stand- 3-run average (collect a min- Performance test (Method 23 basis). ard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–7). Dioxins/furans (toxic equiva- 0.13 nanograms per dry 3-run average (collect a min- Performance test (Method 23 lency basis). standard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–7). Hydrogen chloride ...... 29 parts per million dry vol- 3-run average (For Method Performance test (Method 26 ume. 26, collect a minimum vol- or 26A at 40 CFR part 60, ume of 60 liters per run. appendix A–8). For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). Lead ...... 0.015 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–8). Use ICPMS for the analytical finish. Mercury ...... 0.0048 milligrams per dry 3-run average (For Method 29 Performance test (Method 29 standard cubic meter. an ASTM D6784–02 (Re- or 30B at 40 CFR part 60, approved 2008),4 collect a appendix A–8) or ASTM minimum volume of 2 dry D6784–02 (Reapproved standard cubic meters per 2008).4 run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A). Nitrogen oxides ...... 53 parts per million dry vol- 3-run average (for Method Performance test (Method 7 ume. 7E, 1 hour minimum sam- or 7E at 40 CFR part 60, ple time per run). appendix A–4). Particulate matter filterable ...... 34 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 5 ard cubic meter. imum volume of 1 dry or 29 at 40 CFR part 60, standard cubic meter). appendix A–3 or appendix A–8). Sulfur dioxide ...... 11 parts per million dry vol- 3-run average (1 hour min- Performance test (Method 6 ume. imum sample time per run). or 6c at 40 CFR part 60, appendix A–4). Fugitive ash ...... Visible emissions for no more Three 1-hour observation pe- Visible emission test (Method than 5% of the hourly ob- riods. 22 at 40 CFR part 60, ap- servation period. pendix A–7). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2710 and 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17.

TABLE 7 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO ENERGY RECOVERY UNITS AFTER MAY 20, 2011 [DATE TO BE SPECIFIED IN STATE PLAN] 1

You must meet this emission limitation 2 And determining com- For the air pollutant Using this averaging pliance using this meth- time 3 Liquid/gas Solids od 3

Cadmium ...... 0.023 milligrams per Biomass-0.0014 milli- 3-run average (collect a Performance test dry standard cubic grams per dry stand- minimum volume of 2 (Method 29 at 40 meter. ard cubic meter. dry standard cubic CFR part 60, appen- Coal-0.0017 milligrams meters). dix A–8). Use ICPMS per dry standard for the analytical fin- cubic meter. ish. Carbon monoxide ...... 35 parts per million dry Biomass-260 parts per 3-run average (1 hour Performance test volume. million dry volume. minimum sample (Method 10 at 40 Coal-95 parts per mil- time per run). CFR part 60, appen- lion dry volume. dix A–4).

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You must meet this emission limitation 2 And determining com- For the air pollutant Using this averaging pliance using this meth- time 3 Liquid/gas Solids od 3

Dioxins/furans (total 2.9 nanograms per dry Biomass-0.52 3-run average (collect a Performance test mass basis). standard cubic meter. nanograms per dry minimum volume of 4 (Method 23 at 40 standard cubic meter. dry standard cubic CFR part 60, appen- Coal-5.1 nanograms meter). dix A–7). per dry standard cubic meter. Dioxins/furans (toxic 0.32 nanograms per Biomass-0.12 3-run average (collect a Performance test equivalency basis). dry standard cubic nanograms per dry minimum volume of 4 (Method 23 at 40 meter. standard cubic meter. dry standard cubic CFR part 60, appen- Coal-0.075 nanograms meters). dix A–7). per dry standard cubic meter. Hydrogen chloride ...... 14 parts per million dry Biomass-0.20 parts per 3-run average (for Performance test volume. million dry volume. Method 26, collect a (Method 26 or 26A at Coal-58 parts per mil- minimum of 120 li- 40 CFR part 60, ap- lion dry volume. ters; for Method 26A, pendix A–8). collect a minimum volume of 1 dry standard cubic meter). Lead ...... 0.096 milligrams per Biomass-0.014 milli- 3-run average (collect a Performance test dry standard cubic grams per dry stand- minimum volume of 2 (Method 29 at 40 meter. ard cubic meter. dry standard cubic CFR part 60, appen- Coal-0.057 milligrams meters). dix A–8). Use ICPMS per dry standard for the analytical fin- cubic meter. ish. Mercury ...... 0.0024 milligrams per Biomass-0.0022 milli- 3-run average (For Performance test dry standard cubic grams per dry stand- Method 29 and (Method 29 or 30B at meter. ard cubic meter. ASTM D6784–02 40 CFR part 60, ap- Coal-0.013 milligrams (Reapproved 2008),4 pendix A–8) or ASTM per dry standard collect a minimum D6784–02 (Re- cubic meter. volume of 2 dry approved 2008).4 standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Meth- od 30B at 40 CFR part 60, appendix A). Nitrogen oxides ...... 76 parts per million dry Biomass-290 parts per 3-run average (for Performance test volume. million dry volume. Method 7E, 1 hour (Method 7 or 7E at Coal-460 parts per mil- minimum sample 40 CFR part 60, ap- lion dry volume. time per run). pendix A–4). Particulate matter filter- 110 milligrams per dry Biomass-11 milligrams 3-run average (collect a Performance test able. standard cubic meter. per dry standard minimum volume of 1 (Method 5 or 29 at cubic meter. dry standard cubic 40 CFR part 60, ap- Coal-130 milligrams per meter). pendix A–3 or appen- dry standard cubic dix A–8) if the unit meter. has an annual average heat input rate less than or equal to 250 MMBtu/hr; or PM CPMS (as specified in § 60.2710(x)) if the unit has an annual average heat input rate greater than 250 MMBtu/hr. Sulfur dioxide ...... 720 parts per million Biomass-7.3 parts per 3-run average (1 hour Performance test dry volume. million dry volume. minimum sample (Method 6 or 6c at Coal-850 parts per mil- time per run). 40 CFR part 60, ap- lion dry volume. pendix A–4). Fugitive ash ...... Visible emissions for no Visible emissions for no Three 1-hour observa- Visible emission test more than 5 percent more than 5 percent tion periods. (Method 22 at 40 of the hourly obser- of the hourly obser- CFR part 60, appen- vation period. vation period. dix A–7).

1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/ furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.

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3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2710 and 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17.

TABLE 8 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO WASTE-BURNING KILNS AFTER MAY 20, 2011 [DATE TO BE SPECI- FIED IN STATE PLAN] 1

You must meet this And determining compliance For the air pollutant Using this averaging time 3 emission limitation 2 using this method 34

Cadmium ...... 0.0014 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–8). Carbon monoxide ...... 110 (long kilns)/790 (pre- 3-run average (1 hour min- Performance test (Method 10 heater/precalciner) parts imum sample time per run). at 40 CFR part 60, appen- per million dry volume. dix A–4). Dioxins/furans (total mass 1.3 nanograms per dry stand- 3-run average (collect a min- Performance test (Method 23 basis). ard cubic meter. imum volume of 4 dry at 40 CFR part 60, appen- standard cubic meters). dix A–7). Dioxins/furans (toxic equiva- 0.075 nanograms per dry 3-run average (collect a min- Performance test (Method 23 lency basis). standard cubic meter. imum volume of 4 dry at 40 CFR part 60, appen- standard cubic meters). dix A–7). Hydrogen chloride ...... 3.0 parts per million dry vol- 3-run average (collect a min- If a wet scrubber or dry ume. imum volume of 1 dry scrubber is used, perform- standard cubic meter), or ance test (Method 321 at 30-day rolling average if 40 CFR part 63, appendix HCl CEMS is being used. A of this part). If a wet scrubber or dry scrubber is not used, HCl CEMS as specified in § 60.2710(j). Lead ...... 0.014 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 2 dry at 40 CFR part 60, appen- standard cubic meters). dix A–8). Mercury ...... 0.011 milligrams per dry 30-day rolling average ...... Mercury CEMS or integrated standard cubic meter. sorbent trap monitoring sys- Or ...... tem (performance specifica- 58 pounds/million tons of tion 12A or 12B, respec- clinker. tively, of appendix B and procedure 5 of appendix F of this part), as specified in § 60.2710(j). Nitrogen oxides ...... 630 parts per million dry vol- 3-run average (for Method Performance test (Method 7 ume. 7E, 1 hour minimum sam- or 7E at 40 CFR part 60, ple time per run). appendix A–4). Particulate matter filterable ...... 13.5 milligrams per dry stand- 30-day rolling average ...... PM CPMS (as specified in ard cubic meter. § 60.2710(x)). Sulfur dioxide ...... 600 parts per million dry vol- 3-run average (for Method 6, Performance test (Method 6 ume. collect a minimum of 20 li- or 6c at 40 CFR part 60, ters; for Method 6C, 1 hour appendix A–4). minimum sample time per run). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations are measured at 7 percent oxygen (except for CEMS and integrated sorbent trap monitoring system data during startup and shutdown), dry basis at standard conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2710 and 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Alkali bypass and in-line coal mill stacks are subject to performance testing only, as specified in 60.2710(y)(3). They are not subject to the CEMS, integrated sorbent trap monitoring system, or CPMS requirements that otherwise may apply to the main kiln exhaust.

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TABLE 9 TO SUBPART DDDD OF PART 60—MODEL RULE—EMISSION LIMITATIONS THAT APPLY TO SMALL, REMOTE INCINERATORS AFTER MAY 20, 2011 [DATE TO BE SPECIFIED IN STATE PLAN] 1

You must meet this And determining compliance For the air pollutant Using this averaging time 3 emission limitation 2 using this method 3

Cadmium ...... 0.95 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 29 ard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–8). run). Carbon monoxide ...... 64 parts per million dry vol- 3-run average (1 hour min- Performance test (Method 10 ume. imum sample time per run). at 40 CFR part 60, appendix A–4). Dioxins/furans (total mass 4,400 nanograms per dry 3-run average (collect a min- Performance test (Method 23 basis). standard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–7). run). Dioxins/furans (toxic equiva- 180 nanograms per dry 3-run average (collect a min- Performance test (Method 23 lency basis). standard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters). dix A–7). Fugitive ash ...... Visible emissions for no more Three 1-hour observation pe- Visible emissions test (Meth- than 5 percent of the hourly riods. od 22 at 40 CFR part 60, observation period. appendix A–7). Hydrogen chloride ...... 300 parts per million dry vol- 3-run average (For Method Performance test (Method 26 ume. 26, collect a minimum vol- or 26A at 40 CFR part 60, ume of 120 liters per run. appendix A–8). For Method 26A, collect a minimum volume of 1 dry standard cubic meter per run). Lead ...... 2.1 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 29 ard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters). dix A–8). Use ICPMS for the analytical finish. Mercury ...... 0.0053 milligrams per dry 3-run average (For Method 29 Performance test (Method 29 standard cubic meter. and ASTM D6784–02 (Re- or 30B at 40 CFR part 60, approved 2008),3 collect a appendix A–8) or ASTM minimum volume of 2 dry D6784–02 (Reapproved standard cubic meters per 2008).4 run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A). Nitrogen oxides ...... 190 parts per million dry vol- 3-run average (for Method Performance test (Method 7 ume. 7E, 1 hour minimum sam- or 7E at 40 CFR part 60, ple time per run). appendix A–4). Particulate matter (filterable) ... 270 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 5 ard cubic meter. imum volume of 1 dry or 29 at 40 CFR part 60, standard cubic meters). appendix A–3 or appendix A–8). Sulfur dioxide ...... 150 parts per million dry vol- 3-run average (for Method 6, Performance test (Method 6 ume. collect a minimum of 20 li- or 6c at 40 CFR part 60, ters per run; for Method 6C, appendix A–4). 1 hour minimum sample time per run). 1 The date specified in the state plan can be no later than 3 years after the effective date of approval of a revised state plan or February 7, 2018. 2 All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/ furans, you must meet either the total mass basis limit or the toxic equivalency basis limit. 3 In lieu of performance testing, you may use a CEMS or, for mercury, an integrated sorbent trap monitoring system, to demonstrate initial and continuing compliance with an emissions limit, as long as you comply with the CEMS or integrated sorbent trap monitoring system requirements applicable to the specific pollutant in §§ 60.2710 and 60.2730. As prescribed in § 60.2710(u), if you use a CEMS or integrated sorbent trap monitoring system to demonstrate compliance with an emissions limit, your averaging time is a 30-day rolling average of 1-hour arithmetic average emission concentrations. 4 Incorporated by reference, see § 60.17.

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Subpart EEEE—Standards of Per- § 60.2886 What is a new incineration formance for Other Solid unit? Waste Incineration Units for (a) A new incineration unit is an in- Which Construction is Com- cineration unit subject to this subpart menced After December 9, that meets either of the two criteria 2004, or for Which Modifica- specified in paragraphs (a)(1) or (2) of tion or Reconstruction is Com- this section. menced on or After June 16, (1) Commenced construction after December 9, 2004. 2006 (2) Commenced reconstruction or modification on or after June 16, 2006. SOURCE: 70 FR 74892, Dec. 16, 2005, unless (b) This subpart does not affect your otherwise noted. incineration unit if you make physical or operational changes to your inciner- INTRODUCTION ation unit primarily to comply with § 60.2880 What does this subpart do? the emission guidelines in subpart FFFF of this part. Such changes do not This subpart establishes new source qualify as reconstruction or modifica- performance standards for other solid tion under this subpart. waste incineration (OSWI) units. Other solid waste incineration units are very § 60.2887 What combustion units are small municipal waste combustion excluded from this subpart? units and institutional waste inciner- This subpart excludes the types of ation units. units described in paragraphs (a) § 60.2881 When does this subpart be- through (q) of this section, as long as come effective? you meet the requirements of this section. This subpart takes effect June 16, (a) Cement kilns. Your unit is ex- 2006. Some of the requirements in this cluded if it is regulated under subpart subpart apply to planning the inciner- LLL of part 63 of this chapter (Na- ation unit and must be completed even tional Emission Standards for Haz- before construction is initiated on the ardous Air Pollutants from the Port- unit (i.e., the preconstruction require- land Cement Manufacturing Industry). ments in §§ 60.2894 and 60.2895). Other requirements such as the emission lim- (b) Co-fired combustors. Your unit, itations and operating limits apply that would otherwise be considered a when the unit begins operation. very small municipal waste combustion unit, is excluded if it meets the APPLICABILITY five requirements specified in paragraphs (b)(1) through (5) of this section. § 60.2885 Does this subpart apply to (1) The unit has a Federally enforce- my incineration unit? able permit limiting the combustion of Yes, if your incineration unit meets municipal solid waste to 30 percent of all the requirements specified in para- the total fuel input by weight. graphs (a) through (c) of this section. (2) You notify the Administrator that (a) Your incineration unit is a new the unit qualifies for the exclusion. incineration unit as defined in § 60.2886. (3) You provide the Administrator (b) Your incineration unit is an OSWI with a copy of the Federally enforce- unit as defined in § 60.2977 or an air cur- able permit. tain incinerator subject to this subpart (4) You record the weights, each cal- as described in § 60.2888(b). Other solid endar quarter, of municipal solid waste waste incineration units are very small and of all other fuels combusted. municipal waste combustion units and (5) You keep each report for 5 years. institutional waste incineration units These records must be kept on site for as defined in § 60.2977. at least 2 years. You may keep the (c) Your incineration unit is not ex- records off site for the remaining 3 cluded under § 60.2887. years.

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(c) Cogeneration facilities. Your unit is waste incineration unit meets the two excluded if it meets the three require- requirements specified in paragraphs ments specified in paragraphs (c)(1) (h)(1)(i) and (ii) of this section must be through (3) of this section. submitted to and approved by the Ad- (1) The unit qualifies as a cogenera- ministrator. tion facility under section 3(18)(B) of (i) The unit is located more than 50 the Federal Power Act (16 U.S.C. miles from the boundary of the nearest 796(18)(B)). Metropolitan Statistical Area, (2) The unit burns homogeneous (ii) Alternative disposal options are waste (not including refuse-derived not available or are economically in- fuel) to produce electricity and steam feasible. or other forms of energy used for indus- (2) The application described in para- trial, commercial, heating, or cooling graph (h)(1) of this section must be re- purposes. vised and resubmitted to the Adminis- (3) You notify the Administrator that trator for approval every 5 years fol- the unit meets all of these criteria. lowing the initial approval of the ex- (d) Commercial and industrial solid clusion for your unit. waste incineration units. Your unit is ex- (3) If you re-applied for an exclusion cluded if it is regulated under subparts pursuant to paragraph (h)(2) of this CCCC or DDDD of this part and is re- section and were denied exclusion by quired to meet the emission limita- the Administrator, you have 3 years tions established in those subparts. from the expiration date of the current (e) Hazardous waste combustion units. Your unit is excluded if it meets either exclusion to comply with the emission of the two criteria specified in para- limits and all other applicable require- graph (e)(1) or (2) of this section. ments of this subpart. (1) You are required to get a permit (i) Institutional boilers and process for your unit under section 3005 of the heaters. Your unit is excluded if it is Solid Waste Disposal Act. regulated under 40 CFR part 63, subpart (2) Your unit is regulated under 40 DDDDD (National Emission Standards CFR part 63, subpart EEE (National for Hazardous Air Pollutants for Indus- Emission Standards for Hazardous Air trial, Commercial, and Institutional Pollutants from Hazardous Waste Com- Boilers and Process Heaters). bustors). (j) Laboratory Analysis Units. Your (f) Hospital/medical/infectious waste in- unit is excluded if it burns samples of cinerators. Your unit is excluded if it is materials only for the purpose of chem- regulated under subparts Ce or Ec of ical or physical analysis. this part (New Source Performance (k) Materials recovery units. Your unit Standards and Emission Guidelines for is excluded if it combusts waste for the Hospital/Medical/Infectious Waste In- primary purpose of recovering metals. cinerators). Examples include primary and sec- (g) Incinerators and air curtain inciner- ondary smelters. ators in isolated areas of Alaska. Your in- (l) Pathological waste incineration cineration unit is excluded if it is used units. Your institutional waste inciner- at a solid waste disposal site in Alaska ation unit or very small municipal that is classified as a Class II or Class waste combustion unit is excluded III municipal solid waste landfill, as from this subpart if it burns 90 percent defined in § 60.2977. or more by weight (on a calendar quar- (h) Rural institutional waste inciner- ter basis and excluding the weight of ators. Your incineration unit is ex- auxiliary fuel and combustion air) of cluded if it is an institutional waste in- pathological waste, low-level radio- cineration unit, as defined in § 60.2977, active waste, and/or chemotherapeutic and the application for exclusion de- waste as defined in § 60.2977 and you no- scribed in paragraphs (h)(1) and (2) of tify the Administrator that the unit this section has been approved by the meets these criteria. Administrator. (m) Small or large municipal waste com- (1) Prior to initial startup, an appli- bustion units. Your unit is excluded if it cation and supporting documentation is regulated under subparts AAAA, demonstrating that the institutional BBBB, Ea, Eb, or Cb, of this part and is

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required to meet the emission limita- alternative to incineration that en- tions established in those subparts. sures acceptable destruction of na- (n) Small power production facilities. tional security materials is unavail- Your unit is excluded if it meets the able, on either a permanent or tem- three requirements specified in para- porary basis. graphs (n)(1) through (3) of this section. (ii) The request for exclusion must be (1) The unit qualifies as a small submitted to and approved by the Ad- power-production facility under sec- ministrator prior to initial startup. tion 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)). § 60.2888 Are air curtain incinerators (2) The unit burns homogeneous regulated under this subpart? waste (not including refuse-derived (a) Air curtain incinerators that burn fuel) to produce electricity. less than 35 tons per day of municipal (3) You notify the Administrator that solid waste or air curtain incinerators the unit meets all of these criteria. located at institutional facilities burn- (o) Temporary-use incinerators and air ing any amount of institutional waste curtain incinerators used in disaster regenerated at that facility are subject covery. Your incineration unit is ex- to all requirements of this subpart, included if it is used on a temporary cluding the emission limitations speci- basis to combust debris from a disaster fied in table 1 of this subpart. or emergency such as a tornado, hurri- (b) Air curtain incinerators that burn cane, flood, ice storm, high winds, or only less than 35 tons per day of the act of bioterrorism and you comply materials listed in paragraphs (b)(1) with the requirements in § 60.2969. through (4) of this section collected (p) Units that combust contraband or from the general public and from resi- prohibited goods. Your incineration unit dential, commercial, institutional, and is excluded if the unit is owned or oper- industrial sources; or, air curtain in- ated by a government agency such as cinerators located at institutional fa- police, customs, agricultural inspec- cilities that burn only the materials tion, or a similar agency to destroy listed in paragraphs (b)(1) through (4) only illegal or prohibited goods such as of this section generated at that facil- illegal drugs, or agricultural food prod- ity, are required to meet only the re- ucts that can not be transported into quirements in §§ 60.2970 through 60.2974 the country or across State lines to and are exempt from all other require- prevent biocontamination. The exclu- ments of this subpart. sion does not apply to items either con- (1) 100 percent wood waste. fiscated or incinerated by private, in- (2) 100 percent clean lumber. dustrial, or commercial entities. (3) 100 percent yard waste. (q) Incinerators used for national secu- (4) 100 percent mixture of only wood rity. Your incineration unit is excluded waste, clean lumber, and/or yard waste. if it meets the requirements specified in either (q)(1) or (2) of this section. § 60.2889 Who implements and en- (1) The incineration unit is used sole- forces this subpart? ly during military training field exer- (a) This subpart can be implemented cises to destroy national security ma- and enforced by the U.S. Environ- terials integral to the field exercises. mental Protection Agency (EPA), or a (2) The incineration unit is used sole- delegated authority such as your ly to incinerate national security ma- State, local, or tribal agency. If EPA terials, its use is necessary to safe- has delegated authority to your State, guard national security, you follow the local, or tribal agency, then that agen- exclusion request requirements in cy (as well as EPA) has the authority paragraphs (q)(2)(i) and (ii) of this sec- to implement and enforce this subpart. tion, and the Administrator has ap- You should contact your EPA Regional proved your request for exclusion. Office to find out if this subpart is dele- (i) The request for exclusion and sup- gated to your State, local, or tribal porting documentation must dem- agency. onstrate both that the incineration (b) In delegating implementation and unit is used solely to destroy national enforcement authority of this subpart security materials and that a reliable to a State, local, or tribal agency, the

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authorities contained in paragraphs construction, or modification of an (b)(1) through (6) of this section are re- OSWI unit after June 16, 2006. tained by EPA and are not transferred (b) If you commence construction, re- to the State, local, or tribal agency. construction, or modification of an (1) Approval of alternatives to the OSWI unit after December 9, 2004, but emission limitations in table 1 of this before June 16, 2006, you are not re- subpart and operating limits estab- quired to prepare the siting analysis lished under § 60.2916 and table 2 of this specified in this subpart. subpart. (2) Approval of petitions for specific § 60.2895 What is a siting analysis? operating limits in § 60.2917. (a) The siting analysis must consider (3) Approval of major alternatives to air pollution control alternatives that test methods. minimize, on a site-specific basis, to (4) Approval of major alternatives to the maximum extent practicable, po- monitoring. tential risks to public health or the en- (5) Approval of major alternatives to vironment. In considering such alter- recordkeeping and reporting. natives, you may consider costs, en- (6) The status report requirements in ergy impacts, nonair environmental § 60.2911(c)(2). impacts, or any other factors related to § 60.2890 How are these new source the practicability of the alternatives. performance standards structured? (b) Analyses of your OSWI unit’s impacts that are prepared to comply with These new source performance stand- State, local, or other Federal regu- ards contain nine major components, latory requirements may be used to as follows: satisfy the requirements of this sec- (a) Preconstruction siting analysis. tion, provided they include the consid- (b) Waste management plan. (c) Operator training and qualifica- eration of air pollution control alter- tion. natives specified in paragraph (a) of (d) Emission limitations and oper- this section. ating limits. (c) You must complete and submit (e) Performance testing. the siting requirements of this section (f) Initial compliance requirements. as required under § 60.2952(c) prior to (g) Continuous compliance require- commencing construction, reconstruc- ments. tion, or modification. (h) Monitoring. WASTE MANAGEMENT PLAN (i) Recordkeeping and reporting. § 60.2899 What is a waste management § 60.2891 Do all components of these plan? new source performance standards apply at the same time? A waste management plan is a writ- No, you must meet the ten plan that identifies both the feasi- preconstruction siting analysis and bility and the methods used to reduce waste management plan requirements or separate certain components of solid before you commence construction, re- waste from the waste stream in order construction, or modification of the to reduce or eliminate toxic emissions OSWI unit. The operator training and from incinerated waste. qualification, emission limitations, op- § 60.2900 When must I submit my erating limits, performance testing and waste management plan? compliance, monitoring, and most recordkeeping and reporting requirements You must submit a waste manage- are met after the OSWI unit begins op- ment plan prior to commencing con- eration. struction, reconstruction, or modification. PRECONSTRUCTION SITING ANALYSIS § 60.2901 What should I include in my § 60.2894 Who must prepare a siting waste management plan? analysis? A waste management plan must in- (a) You must prepare a siting anal- clude consideration of the reduction or ysis if you commence construction, re- separation of waste-stream elements

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such as paper, cardboard, plastics, (vi) Inspection and maintenance of glass, batteries, or metals; or the use of the incinerator and air pollution con- recyclable materials. The plan must trol devices. identify any additional waste manage- (vii) Methods to monitor pollutants ment measures and implement those (including monitoring of incinerator measures the source considers prac- and control device operating param- tical and feasible, considering the ef- eters) and monitoring equipment cali- fectiveness of waste management bration procedures, where applicable. measures already in place, the costs of (viii) Actions to correct malfunctions additional measures, the emissions re- or conditions that may lead to mal- ductions expected to be achieved, and function. any other environmental or energy im- (ix) Bottom and fly ash characteris- pacts they might have. tics and handling procedures. (x) Applicable Federal, State, and OPERATOR TRAINING AND QUALIFICATION local regulations, including Occupa- tional Safety and Health Administra- § 60.2905 What are the operator train- tion workplace standards. ing and qualification requirements? (xi) Pollution prevention. (xii) Waste management practices. (a) No OSWI unit can be operated un- (xiii) Recordkeeping requirements. less a fully trained and qualified OSWI (2) An examination designed and ad- unit operator is accessible, either at ministered by the instructor. the facility or can be at the facility (3) Written material covering the within 1 hour. The trained and quali- training course topics that may serve fied OSWI unit operator may operate as reference material following comple- the OSWI unit directly or be the direct tion of the course. supervisor of one or more other plant personnel who operate the unit. If all § 60.2906 When must the operator qualified OSWI unit operators are tem- training course be completed? porarily not accessible, you must fol- The operator training course must be low the procedures in § 60.2911. completed by the latest of the three (b) Operator training and qualifica- dates specified in paragraphs (a) tion must be obtained through a State- through (c) of this section. approved program or by completing the (a) Six months after your OSWI unit requirements included in paragraph (c) startup. of this section. (b) December 18, 2006. (c) Training must be obtained by (c) The date before an employee as- completing an incinerator operator sumes responsibility for operating the training course that includes, at a min- OSWI unit or assumes responsibility imum, the three elements described in for supervising the operation of the paragraphs (c)(1) through (3) of this OSWI unit. section. § 60.2907 How do I obtain my operator (1) Training on the thirteen subjects qualification? listed in paragraphs (c)(1)(i) through (xiii) of this section. (a) You must obtain operator qualification by completing a training (i) Environmental concerns, includ- course that satisfies the criteria under ing types of emissions. § 60.2905(c). (ii) Basic combustion principles, in- (b) Qualification is valid from the cluding products of combustion. date on which the training course is (iii) Operation of the specific type of completed and the operator success- incinerator to be used by the operator, fully passes the examination required including proper startup, waste charg- under § 60.2905(c)(2). ing, and shutdown procedures. (iv) Combustion controls and moni- § 60.2908 How do I maintain my oper- toring. ator qualification? (v) Operation of air pollution control To maintain qualification, you must equipment and factors affecting per- complete an annual review or refresher formance (if applicable). course covering, at a minimum, the

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five topics described in paragraphs (a) (b) You must establish a program for through (e) of this section. reviewing the information listed in (a) Update of regulations. paragraph (a) of this section with each (b) Incinerator operation, including incinerator operator. startup and shutdown procedures, (1) The initial review of the informa- waste charging, and ash handling. tion listed in paragraph (a) of this sec- (c) Inspection and maintenance. tion must be conducted by December (d) Responses to malfunctions or con- 18, 2006 or prior to an employee’s as- ditions that may lead to malfunction. sumption of responsibilities for oper- (e) Discussion of operating problems ation of the OSWI unit, whichever date encountered by attendees. is later. § 60.2909 How do I renew my lapsed (2) Subsequent annual reviews of the operator qualification? information listed in paragraph (a) of this section must be conducted not You must renew a lapsed operator qualification by one of the two meth- later than 12 months following the pre- ods specified in paragraphs (a) and (b) vious review. of this section. (c) You must also maintain the infor- (a) For a lapse of less than 3 years, mation specified in paragraphs (c)(1) you must complete a standard annual through (3) of this section. refresher course described in § 60.2908. (1) Records showing the names of (b) For a lapse of 3 years or more, OSWI unit operators who have com- you must repeat the initial qualifica- pleted review of the information in tion requirements in § 60.2907(a). paragraph (a) of this section as required by paragraph (b) of this section, § 60.2910 What site-specific docu- including the date of the initial review mentation is required? and all subsequent annual reviews. (a) Documentation must be available (2) Records showing the names of the at the facility and readily accessible OSWI unit operators who have com- for all OSWI unit operators that ad- pleted the operator training require- dresses the nine topics described in ments under § 60.2905, met the criteria paragraphs (a)(1) through (9) of this for qualification under § 60.2907, and section. You must maintain this infor- maintained or renewed their qualifica- mation and the training records re- tion under § 60.2908 or § 60.2909. Records quired by paragraph (c) of this section must include documentation of train- in a manner that they can be readily ing, the dates of the initial and re- accessed and are suitable for inspection fresher training, and the dates of their upon request. qualification and all subsequent renew- (1) Summary of the applicable stand- als of such qualifications. ards under this subpart. (3) For each qualified operator, the (2) Procedures for receiving, handling, and charging waste. phone and/or pager number at which (3) Incinerator startup, shutdown, they can be reached during operating and malfunction procedures. hours. (4) Procedures for maintaining proper § 60.2911 What if all the qualified oper- combustion air supply levels. ators are temporarily not acces- (5) Procedures for operating the in- sible? cinerator and associated air pollution control systems within the standards If all qualified operators are tempo- established under this subpart. rarily not accessible (i.e., not at the fa- (6) Monitoring procedures for dem- cility and not able to be at the facility onstrating compliance with the oper- within 1 hour), you must meet one of ating limits established under this sub- the three criteria specified in para- part. graphs (a) through (c) of this section, (7) Reporting and recordkeeping pro- depending on the length of time that a cedures. qualified operator is not accessible. (8) The waste management plan re- (a) When all qualified operators are quired under §§ 60.2899 through 60.2901. not accessible for 12 hours or less, the (9) Procedures for handling ash. OSWI unit may be operated by other

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plant personnel familiar with the oper- EMISSION LIMITATIONS AND OPERATING ation of the OSWI unit who have com- LIMITS pleted review of the information specified in § 60.2910(a) within the past 12 § 60.2915 What emission limitations months. You do not need to notify the must I meet and by when? Administrator or include this as a devi- You must meet the emission limita- ation in your annual report. tions specified in table 1 of this subpart (b) When all qualified operators are 60 days after your OSWI unit reaches not accessible for more than 12 hours, the charge rate at which it will oper- but less than 2 weeks, the OSWI unit ate, but no later than 180 days after its may be operated by other plant per- initial startup. sonnel familiar with the operation of the OSWI unit who have completed a § 60.2916 What operating limits must I review of the information specified in meet and by when? § 60.2910(a) within the past 12 months. (a) If you use a wet scrubber to com- However, you must record the period ply with the emission limitations, you when all qualified operators were not must establish operating limits for accessible and include this deviation in four operating parameters (as specified the annual report as specified under in table 2 of this subpart) as described § 60.2956. in paragraphs (a)(1) through (4) of this (c) When all qualified operators are section during the initial performance not accessible for 2 weeks or more, you test. must take the two actions that are de- (1) Maximum charge rate, calculated scribed in paragraphs (c)(1) and (2) of using one of the two different proce- this section. dures in paragraphs (a)(1)(i) or (ii) of (1) Notify the Administrator of this this section, as appropriate. deviation in writing within 10 days. In (i) For continuous and intermittent the notice, state what caused this devi- units, maximum charge rate is the av- ation, what you are doing to ensure erage charge rate measured during the that a qualified operator is accessible, most recent performance test dem- and when you anticipate that a quali- onstrating compliance with all applica- fied operator will be accessible. ble emission limitations. (2) Submit a status report to EPA (ii) For batch units, maximum charge every 4 weeks outlining what you are rate is the charge rate measured during doing to ensure that a qualified oper- the most recent performance test dem- ator is accessible, stating when you an- onstrating compliance with all applica- ticipate that a qualified operator will ble emission limitations. be accessible and requesting approval (2) Minimum pressure drop across the from EPA to continue operation of the wet scrubber, which is calculated as OSWI unit. You must submit the first the average pressure drop across the status report 4 weeks after you notify wet scrubber measured during the most the Administrator of the deviation recent performance test demonstrating under paragraph (c)(1) of this section. compliance with the particulate mat- If EPA notifies you that your request ter emission limitations; or minimum amperage to the wet scrubber, which is to continue operation of the OSWI unit calculated as the average amperage to is disapproved, the OSWI unit may con- the wet scrubber measured during the tinue operation for 90 days, then must most recent performance test dem- cease operation. Operation of the unit onstrating compliance with the partic- may resume if you meet the two re- ulate matter emission limitations. quirements in paragraphs (c)(2)(i) and (3) Minimum scrubber liquor flow (ii) of this section. rate, which is calculated as the average (i) A qualified operator is accessible liquor flow rate at the inlet to the wet as required under § 60.2905(a). scrubber measured during the most re- (ii) You notify EPA that a qualified cent performance test demonstrating operator is accessible and that you are compliance with all applicable emis- resuming operation. sion limitations.

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(4) Minimum scrubber liquor pH, § 60.2918 What happens during periods which is calculated as the average liq- of startup, shutdown, and malfunc- uor pH at the inlet to the wet scrubber tion? measured during the most recent per- The emission limitations and oper- formance test demonstrating compli- ating limits apply at all times except ance with the hydrogen chloride and during OSWI unit startups, shutdowns, sulfur dioxide emission limitations. or malfunctions. (b) You must meet the operating limits established during the initial per- PERFORMANCE TESTING formance test 60 days after your OSWI unit reaches the charge rate at which § 60.2922 How do I conduct the initial it will operate, but no later than 180 and annual performance test? days after its initial startup. (a) All performance tests must consist of a minimum of three test runs § 60.2917 What if I do not use a wet conducted under conditions representa- scrubber to comply with the emis- tive of normal operations. sion limitations? (b) All performance tests must be If you use an air pollution control de- conducted using the methods in table 1 vice other than a wet scrubber or limit of this subpart. emissions in some other manner to (c) All performance tests must be comply with the emission limitations conducted using the minimum run du- under § 60.2915, you must petition EPA ration specified in table 1 of this sub- for specific operating limits, the values part. of which are to be established during (d) Method 1 of appendix A of this the initial performance test and then part must be used to select the sam- continuously monitored thereafter. pling location and number of traverse You must not conduct the initial per- points. formance test until after the petition (e) Method 3A or 3B of appendix A of has been approved by EPA. Your peti- this part must be used for gas composition must include the five items listed tion analysis, including measurement in paragraphs (a) through (e) of this of oxygen concentration. Method 3A or section. 3B of appendix A of this part must be (a) Identification of the specific pa- used simultaneously with each method. rameters you propose to use as oper- (f) All pollutant concentrations, ex- ating limits. cept for opacity, must be adjusted to 7 (b) A discussion of the relationship percent oxygen using Equation 1 in between these parameters and emis- ‘‘60.2975. sions of regulated pollutants, identi- (g) Method 26A of appendix A of this fying how emissions of regulated pol- part must be used for hydrogen chlo- lutants change with changes in these ride concentration analysis, with the parameters, and how limits on these additional requirements specified in parameters will serve to limit emis- paragraphs (g)(1) through (3) of this sions of regulated pollutants. section. (c) A discussion of how you will es- (1) The probe and filter must be con- tablish the upper and/or lower values ditioned prior to sampling using the for these parameters that will establish procedure described in paragraphs the operating limits on these param- (g)(1)(i) through (iii) of this section. eters. (i) Assemble the sampling train(s) (d) A discussion identifying the and conduct a conditioning run by col- methods you will use to measure and lecting between 14 liters per minute the instruments you will use to mon- (0.5 cubic feet per minute) and 30 liters itor these parameters, as well as the per minute (1.0 cubic feet per minute) relative accuracy and precision of of gas over a one-hour period. Follow these methods and instruments. the sampling procedures outlined in (e) A discussion identifying the fre- section 8.1.5 of Method 26A of appendix quency and methods for recalibrating A of this part. For the conditioning the instruments you will use for moni- run, water can be used as the impinger toring these parameters. solution.

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(ii) Remove the impingers from the which it will operate, but no later than sampling train and replace with a fresh 180 days after its initial startup. impinger train for the sampling run, leaving the probe and filter (and cy- CONTINUOUS COMPLIANCE REQUIREMENTS clone, if used) in position. Do not recover the filter or rinse the probe be- § 60.2932 How do I demonstrate con- fore the first run. Thoroughly rinse the tinuous compliance with the emis- impingers used in the preconditioning sion limitations and the operating limits? run with deionized water and discard these rinses. (a) You must conduct an annual per- (iii) The probe and filter assembly formance test for all of the pollutants are conditioned by the stack gas and in table 1 of this subpart for each OSWI are not recovered or cleaned until the unit to determine compliance with the end of testing. emission limitations. The annual per- (2) For the duration of sampling, a formance test must be conducted using temperature around the probe and fil- the test methods listed in table 1 of ter (and cyclone, if used) between 120 °C this subpart and the procedures in (248 °F) and 134 °C (273 °F) must be 60.2922. maintained. (b) You must continuously monitor (3) If water droplets are present in carbon monoxide emissions to deter- the sample gas stream, the require- mine compliance with the carbon mon- ments specified in paragraphs (g)(3)(i) oxide emissions limitation. Twelve- and (ii) of this section must be met. hour rolling average values are used to (i) The cyclone described in section determine compliance. A 12-hour roll- 6.1.4 of Method 26A of appendix A of ing average value above the carbon this part must be used. monoxide emission limit in table 1 of (ii) The post-test moisture removal this subpart constitutes a deviation procedure described in section 8.1.6 of from the emission limitation. Method 26A of appendix A of this part (c) You must continuously monitor must be used. the operating parameters specified in § 60.2916 or established under § 60.2917. § 60.2923 How are the performance Three-hour rolling average values are test data used? used to determine compliance with the You use results of performance tests operating limits unless a different to demonstrate compliance with the averaging period is established under emission limitations in table 1 of this § 60.2917. A 3-hour rolling average value subpart. (unless a different averaging period is established under § 60.2917) above the INITIAL COMPLIANCE REQUIREMENTS established maximum or below the es- § 60.2927 How do I demonstrate initial tablished minimum operating limits compliance with the emission limi- constitutes a deviation from the estab- tations and establish the operating lished operating limits. Operating lim- limits? its do not apply during performance You must conduct an initial perform- tests. ance test, as required under § 60.8, to determine compliance with the emis- § 60.2933 By what date must I conduct the annual performance test? sion limitations in table 1 of this subpart and to establish operating limits You must conduct annual perform- using the procedure in § 60.2916 or ance tests within 12 months following § 60.2917. The initial performance test the initial performance test. Conduct must be conducted using the test meth- subsequent annual performance tests ods listed in table 1 of this subpart and within 12 months following the pre- the procedures in § 60.2922. vious one.

§ 60.2928 By what date must I conduct § 60.2934 May I conduct performance the initial performance test? testing less often? The initial performance test must be (a) You can test less often for a given conducted within 60 days after your pollutant if you have test data for at OSWI unit reaches the charge rate at least three consecutive annual tests,

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and all performance tests for the pol- level at which it will operate, but no lutant over that period show that you later than 180 days after its initial comply with the emission limitation. startup. In this case, you do not have to con- (c) For initial and annual evalua- duct a performance test for that pollut- tions, collect data concurrently (or ant for the next 2 years. You must con- within 30 to 60 minutes) using your car- duct a performance test during the 3rd bon monoxide and oxygen continuous year and no more than 36 months fol- emission monitoring systems. To vali- lowing the previous performance test. date carbon monoxide concentration (b) If your OSWI unit continues to levels, use EPA Method 10, 10A, or 10B meet the emission limitation for the of appendix A of this part. Use EPA pollutant, you may choose to conduct Method 3 or 3A to measure oxygen. Col- performance tests for that pollutant lect the data during each initial and every 3rd year, but each test must be annual evaluation of your continuous within 36 months of the previous per- emission monitoring systems following formance test. the applicable performance specifica- (c) If a performance test shows a de- tions in appendix B of this part. table viation from an emission limitation for 3 of this subpart shows the required any pollutant, you must conduct an- span values and performance specifica- nual performance tests for that pollut- tions that apply to each continuous ant until three consecutive annual per- emission monitoring system. formance tests for that pollutant all (d) Follow the quality assurance pro- show compliance. cedures in Procedure 1 of appendix F of this part for each continuous emission § 60.2935 May I conduct a repeat per- monitoring system. The procedures in- formance test to establish new op- clude daily calibration drift and quar- erating limits? terly accuracy determinations. Yes, you may conduct a repeat performance test at any time to establish § 60.2941 What is my schedule for eval- new values for the operating limits. uating continuous emission moni- The Administrator may request a re- toring systems? peat performance test at any time. (a) Conduct annual evaluations of your continuous emission monitoring MONITORING systems no more than 12 months after the previous evaluation was conducted. § 60.2939 What continuous emission (b) Evaluate your continuous emis- monitoring systems must I install? sion monitoring systems daily and (a) You must install, calibrate, main- quarterly as specified in appendix F of tain, and operate continuous emission this part. monitoring systems for carbon monoxide and for oxygen. You must mon- § 60.2942 What is the minimum amount itor the oxygen concentration at each of monitoring data I must collect location where you monitor carbon with my continuous emission moni- monoxide. toring systems, and is the data col- (b) You must install, evaluate, and lection requirement enforceable? operate each continuous emission mon- (a) Where continuous emission moni- itoring system according to the ‘‘Mon- toring systems are required, obtain 1- itoring Requirements’’ in § 60.13. hour arithmetic averages. Make sure the averages for carbon monoxide are § 60.2940 How do I make sure my con- in parts per million by dry volume at 7 tinuous emission monitoring sys- percent oxygen. Use the 1-hour aver- tems are operating correctly? ages of oxygen data from your contin- (a) Conduct initial, daily, quarterly, uous emission monitoring system to and annual evaluations of your contin- determine the actual oxygen level and uous emission monitoring systems that to calculate emissions at 7 percent oxy- measure carbon monoxide and oxygen. gen. (b) Complete your initial evaluation (b) Obtain at least two data points of the continuous emission monitoring per hour in order to calculate a valid 1- systems within 60 days after your hour arithmetic average. Section OSWI unit reaches the maximum load 60.13(e)(2) requires your continuous

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emission monitoring systems to com- (b) You must install, calibrate (to plete at least one cycle of operation manufacturers’ specifications), main- (sampling, analyzing, and data record- tain, and operate a device or method ing) for each 15-minute period. for measuring the use of any stack that (c) Obtain valid 1-hour averages for could be used to bypass the control de- at least 75 percent of the operating vice. The measurement must include hours per day for at least 90 percent of the date, time, and duration of the use the operating days per calendar quar- of the bypass stack. ter. An operating day is any day the (c) If you are using a method or air unit combusts any municipal or insti- pollution control device other than a tutional solid waste. wet scrubber to comply with the emis- (d) If you do not obtain the minimum sion limitations under § 60.2915, you data required in paragraphs (a) through must install, calibrate (to the manu- (c) of this section, you have deviated facturers’ specifications), maintain, from the data collection requirement and operate the equipment necessary regardless of the emission level mon- to monitor compliance with the site- itored. specific operating limits established (e) If you do not obtain the minimum using the procedures in § 60.2917. data required in paragraphs (a) through (c) of this section, you must still use § 60.2945 Is there a minimum amount all valid data from the continuous of operating parameter monitoring emission monitoring systems in calcu- data I must obtain? lating emission concentrations. (a) Except for monitor malfunctions, (f) If continuous emission monitoring associated repairs, and required quality systems are temporarily unavailable to assurance or quality control activities meet the data collection requirements, (including, as applicable, calibration refer to table 3 of this subpart. It shows checks and required zero and span ad- alternate methods for collecting data justments of the monitoring system), when systems malfunction or when re- you must conduct all monitoring at all pairs, calibration checks, or zero and times the OSWI unit is operating. span checks keep you from collecting (b) You must obtain valid monitoring the minimum amount of data. data for at least 75 percent of the oper- § 60.2943 How do I convert my 1-hour ating hours per day for at least 90 per- arithmetic averages into the appro- cent of the operating days per calendar priate averaging times and units? quarter. An operating day is any day (a) Use Equation 1 in § 60.2975 to cal- the unit combusts any municipal or in- culate emissions at 7 percent oxygen. stitutional solid waste. (b) Use Equation 2 in § 60.2975 to cal- (c) If you do not obtain the minimum culate the 12-hour rolling averages for data required in paragraphs (a) and (b) concentrations of carbon monoxide. of this section, you have deviated from the data collection requirement re- § 60.2944 What operating parameter gardless of the operating parameter monitoring equipment must I in- level monitored. stall, and what operating param- (d) Do not use data recorded during eters must I monitor? monitor malfunctions, associated re- (a) If you are using a wet scrubber to pairs, and required quality assurance comply with the emission limitations or quality control activities for meet- under § 60.2915, you must install, cali- ing the requirements of this subpart, brate (to manufacturers’ specifica- including data averages and calculations), maintain, and operate devices tions. You must use all the data col- (or establish methods) for monitoring lected during all other periods in as- the value of the operating parameters sessing compliance with the operating used to determine compliance with the limits. operating limits listed in table 2 of this subpart. These devices (or methods) RECORDKEEPING AND REPORTING must measure and record the values for these operating parameters at the fre- § 60.2949 What records must I keep? quencies indicated in table 2 of this You must maintain the 15 items (as subpart at all times. applicable) as specified in paragraphs

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

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§ 60.2950 Where and in what format (a) The complete test report for the must I keep my records? initial performance test results ob- (a) You must keep each record on site tained under § 60.2927, as applicable. for at least 2 years. You may keep the (b) The values for the site-specific op- records off site for the remaining 3 erating limits established in § 60.2916 or years. § 60.2917. (b) All records must be available in either paper copy or computer-readable § 60.2955 When must I submit my annual report? format that can be printed upon request, unless an alternative format is You must submit an annual report no approved by the Administrator. later than 12 months following the submission of the information in § 60.2954. § 60.2951 What reports must I submit? You must submit subsequent reports See table 4 of this subpart for a sum- no more than 12 months following the mary of the reporting requirements. previous report.

§ 60.2952 What must I submit prior to § 60.2956 What information must I in- commencing construction? clude in my annual report? You must submit a notification prior The annual report required under to commencing construction that in- § 60.2955 must include the ten items cludes the five items listed in para- listed in paragraphs (a) through (j) of graphs (a) through (e) of this section. this section. If you have a deviation (a) A statement of intent to con- from the operating limits or the emis- struct. sion limitations, you must also submit (b) The anticipated date of com- deviation reports as specified in mencement of construction. §§ 60.2957 through 60.2959. (c) All documentation produced as a (a) Company name and address. result of the siting requirements of (b) Statement by the owner or oper- § 60.2895. ator, with their name, title, and signa- (d) The waste management plan as ture, certifying the truth, accuracy, specified in §§ 60.2899 through 60.2901. and completeness of the report. Such (e) Anticipated date of initial start- certifications must also comply with up. the requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d). § 60.2953 What information must I sub- (c) Date of report and beginning and mit prior to initial startup? ending dates of the reporting period. You must submit the information (d) The values for the operating lim- specified in paragraphs (a) through (e) its established pursuant to § 60.2916 or of this section prior to initial startup. § 60.2917. (a) The type(s) of waste to be burned. (e) If no deviation from any emission (b) The maximum design waste burn- limitation or operating limit that ap- ing capacity. plies to you has been reported, a state- (c) The anticipated maximum charge ment that there was no deviation from rate. the emission limitations or operating (d) If applicable, the petition for site- limits during the reporting period, and specific operating limits under § 60.2917. that no monitoring system used to de- (e) The anticipated date of initial termine compliance with the emission startup. limitations or operating limits was inoperative, inactive, malfunctioning or § 60.2954 What information must I sub- out of control. mit following my initial perform- (f) The highest recorded 12-hour aver- ance test? age and the lowest recorded 12-hour av- You must submit the information erage, as applicable, for carbon mon- specified in paragraphs (a) and (b) of oxide emissions and the highest re- this section no later than 60 days fol- corded 3-hour average and the lowest lowing the initial performance test. All recorded 3-hour average, as applicable, reports must be signed by the facilities for each operating parameter recorded manager. for the calendar year being reported.

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(g) Information recorded under (c) Durations and causes of each devi- § 60.2949(b)(6) and (c) through (e) for the ation from the emission limitations or calendar year being reported. operating limits and your corrective (h) If a performance test was con- actions. ducted during the reporting period, the (d) A copy of the operating limit results of that test. monitoring data during each deviation (i) If you met the requirements of and any test report that documents the § 60.2934(a) or (b), and did not conduct a emission levels. performance test during the reporting (e) The dates, times, number, dura- period, you must state that you met tion, and causes for monitor downtime the requirements of § 60.2934(a) or (b), incidents (other than downtime associ- and, therefore, you were not required ated with zero, span, and other routine to conduct a performance test during calibration checks). the reporting period. (f) Whether each deviation occurred (j) Documentation of periods when all during a period of startup, shutdown, qualified OSWI unit operators were un- or malfunction, or during another pe- available for more than 12 hours, but riod. less than 2 weeks. (g) The dates, times, and durations of any bypass of the control device. § 60.2957 What else must I report if I have a deviation from the operating § 60.2959 What else must I report if I limits or the emission limitations? have a deviation from the requirement to have a qualified operator (a) You must submit a deviation re- accessible? port if any recorded 3-hour average pa- (a) If all qualified operators are not rameter level is above the maximum accessible for 2 weeks or more, you operating limit or below the minimum must take the two actions in para- operating limit established under this graphs (a)(1) and (2) of this section. subpart, if any recorded 12-hour aver- (1) Submit a notification of the devi- age carbon monoxide emission rate is ation within 10 days that includes the above the emission limitation, if the three items in paragraphs (a)(1)(i) control device was bypassed, or if a through (iii) of this section. performance test was conducted that (i) A statement of what caused the showed a deviation from any emission deviation. limitation. (ii) A description of what you are (b) The deviation report must be sub- doing to ensure that a qualified oper- mitted by August 1 of that year for ator is accessible. data collected during the first half of (iii) The date when you anticipate the calendar year (January 1 to June that a qualified operator will be avail- 30), and by February 1 of the following able. year for data you collected during the (2) Submit a status report to EPA second half of the calendar year (July 1 every 4 weeks that includes the three to December 31). items in paragraphs (a)(2)(i) through (iii) of this section. § 60.2958 What must I include in the (i) A description of what you are deviation report? doing to ensure that a qualified oper- In each report required under ator is accessible. § 60.2957, for any pollutant or operating (ii) The date when you anticipate parameter that deviated from the that a qualified operator will be acces- emission limitations or operating lim- sible. its specified in this subpart, include (iii) Request approval from EPA to the seven items described in para- continue operation of the OSWI unit. graphs (a) through (g) of this section. (b) If your unit was shut down by (a) The calendar dates and times EPA, under the provisions of your unit deviated from the emission § 60.2911(c)(2), due to a failure to pro- limitations or operating limit require- vide an accessible qualified operator, ments. you must notify EPA that you are re- (b) The averaged and recorded data suming operation once a qualified oper- for those dates. ator is accessible.

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§ 60.2960 Are there any other notifica- unit subject to this subpart may be a tions or reports that I must submit? major source or part of a major Yes, you must submit notifications source), then your unit may be re- as provided by § 60.7. quired to apply for a title V permit prior to the deadlines specified in para- § 60.2961 In what form can I submit graph (a) of this section. If more than my reports? one requirement triggers a source’s ob- Submit initial, annual, and deviation ligation to apply for a title V permit, reports electronically or in paper for- the 12-month timeframe for filing a mat, postmarked on or before the subtitle V permit application is triggered by the requirement that first causes mittal due dates. the source to be subject to title V. (See § 60.2962 Can reporting dates be section 503(c) of the Clean Air Act and changed? 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and If the Administrator agrees, you may 40 CFR 71.5(a)(1)(i).) change the semiannual or annual re- (c) A ‘‘complete’’ title V permit ap- porting dates. See § 60.19(c) for proce- plication is one that has been deter- dures to seek approval to change your mined or deemed complete by the rel- reporting date. evant permitting authority under sec- TITLE V OPERATING PERMITS tion 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You § 60.2966 Am I required to apply for must submit a complete permit appli- and obtain a title V operating per- cation by the relevant application mit for my unit? deadline in order to operate after this Yes, if you are subject to this sub- date in compliance with Federal law. part, you are required to apply for and (See sections 503(d) and 502(a) of the obtain a title V operating permit un- Clean Air Act and 40 CFR 70.7(b) and 40 less you meet the relevant require- CFR 71.7(b).) ments for an exemption specified in TEMPORARY-USE INCINERATORS AND AIR § 60.2887. CURTAIN INCINERATORS USED IN DIS- § 60.2967 When must I submit a title V ASTER RECOVERY permit application for my new unit? § 60.2969 What are the requirements (a) If your new unit subject to this for temporary-use incinerators and subpart is not subject to an earlier per- air curtain incinerators used in dis- mit application deadline, a complete aster recovery? title V permit application must be sub- Your incinerator or air curtain incin- mitted on or before one of the dates erator is excluded from the require- specified in paragraphs (a)(1) or (2) of ments of this subpart if it is used on a this section. (See section 503(c) of the temporary basis to combust debris Clean Air Act and 40 CFR 70.5(a)(1)(i) from a disaster or emergency such as a and 40 CFR 71.5(a)(1)(i).) tornado, hurricane, flood, ice storm, (1) For a unit that commenced oper- high winds, or act of bioterrorism. To ation as a new source as of December qualify for this exclusion, the inciner- 16, 2005, then a complete title V permit ator or air curtain incinerator must be application must be submitted not used to combust debris in an area de- later than December 18, 2006. clared a State of Emergency by a local (2) For a unit that does not com- or State government, or the President, mence operation as a new source until under the authority of the Stafford after December 16, 2005, then a com- Act, has declared that an emergency or plete title V permit application must a major disaster exists in the area, and be submitted not later than 12 months you must follow the requirements spec- after the date the unit commences op- ified in paragraphs (a) through (c) of eration as a new source. this section. (b) If your new unit subject to this (a) If the incinerator or air curtain subpart is subject to title V as a result incinerator is used during a period that of some triggering requirement(s) begins on the date the unit started op- other than this subpart (for example, a eration and lasts 8 weeks or less within

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the boundaries of the same emergency or other requirements of this subpart or disaster declaration area, then it is during this period. excluded from the requirements of this (1) At the end of 16 weeks from the subpart. You do not need to notify the date the incinerator or air curtain in- Administrator of its use or meet the cinerator started operation within the emission limitations or other require- boundaries of the current emergency or ments of this subpart. disaster declaration area, you must (b) If the incinerator or air curtain cease operation of the unit or comply incinerator will be used during a period with all requirements of this subpart, that begins on the date the unit started unless the Administrator has approved operation and lasts more than 8 weeks in writing your request to continue op- within the boundaries of the same eration. emergency or disaster declaration (2) If the Administrator has approved area, you must notify the Adminis- in writing your request to continue operation, then you may continue to op- trator that the temporary-use inciner- erate the incinerator or air curtain in- ator or air curtain incinerator will be cinerator within the boundaries of the used for more than 8 weeks and request current emergency or disaster declara- permission to continue to operate the tion area until the date specified in the unit as specified in paragraphs (b)(1) approval, and you do not need to com- and (2) of this section. ply with any other requirements of this (1) The notification must be sub- subpart during the approved time pe- mitted in writing by the date 8 weeks riod. after you start operation of the temporary-use incinerator or air curtain AIR CURTAIN INCINERATORS THAT BURN incinerator within the boundaries of ONLY WOOD WASTE, CLEAN LUMBER, the current emergency or disaster dec- AND YARD WASTE laration area. (2) The notification must contain the § 60.2970 What is an air curtain incinerator? date the incinerator or air curtain incinerator started operation within the (a) An air curtain incinerator oper- boundaries of the current emergency or ates by forcefully projecting a curtain disaster declaration area, identifica- of air across an open, integrated com- tion of the disaster or emergency for bustion chamber (fire box) or open pit which the incinerator or air curtain in- or trench (trench burner) in which cinerator is being used, a description of combustion occurs. For the purpose of the types of materials being burned in this subpart and subpart FFFF of this the incinerator or air curtain inciner- part only, air curtain incinerators in- ator, a brief description of the size and clude both firebox and trench burner design of the unit (for example, an air units. curtain incinerator or a modular (b) Air curtain incinerators that burn starved-air incinerator), the reasons only the materials listed in paragraphs the incinerator or air curtain inciner- (b)(1) through (4) of this section are re- ator must be operated for more than 8 quired to meet only the requirements weeks, and the amount of time for in §§ 60.2970 through 60.2974 and are ex- which you request permission to oper- empt from all other requirements of ate including the date you expect to this subpart. (1) 100 percent wood waste. cease operation of the unit. (2) 100 percent clean lumber. (c) If you submitted the notification (3) 100 percent yard waste. containing the information in para- (4) 100 percent mixture of only wood graph (b)(2) by the date specified in waste, clean lumber, and/or yard waste. paragraph (b)(1), you may continue to operate the incinerator or air curtain § 60.2971 What are the emission limita- incinerator for another 8 weeks, which tions for air curtain incinerators is a total of 16 weeks from the date the that burn only wood waste, clean unit started operation within the lumber, and yard waste? boundaries of the current emergency or (a) Within 60 days after your air cur- disaster declaration area. You do not tain incinerator reaches the charge have to meet the emission limitations rate at which it will operate, but no

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later than 180 days after its initial records off site for the remaining 3 startup, you must meet the two limita- years. tions specified in paragraphs (a)(1) and (c) Make all records available for (2) of this section. submittal to the Administrator or for (1) The opacity limitation is 10 per- an inspector’s review. cent (6-minute average), except as de- (d) You must submit the results scribed in paragraph (a)(2) of this sec- (each 6-minute average) of the initial tion. opacity tests no later than 60 days fol- (2) The opacity limitation is 35 per- lowing the initial test. Submit annual cent (6-minute average) during the opacity test results within 12 months startup period that is within the first following the previous report. 30 minutes of operation. (e) Submit initial and annual opacity (b) The limitations in paragraph (a) test reports as electronic or paper copy of this section apply at all times except on or before the applicable submittal during malfunctions. date. (f) Keep a copy of the initial and an- § 60.2972 How must I monitor opacity nual reports on site for a period of 5 for air curtain incinerators that years. You must keep each report on burn only wood waste, clean lum- site for at least 2 years. You may keep ber, and yard waste? the reports off site for the remaining 3 (a) Use Method 9 of appendix A of years. this part to determine compliance with § 60.2974 Am I required to apply for the opacity limitation. and obtain a title V operating per- (b) Conduct an initial test for opacity mit for my air curtain incinerator as specified in § 60.8. that burns only wood waste, clean (c) After the initial test for opacity, lumber, and yard waste? conduct annual tests no more than 12 Yes, if your air curtain incinerator is months following the date of your pre- subject to this subpart, you are re- vious test. quired to apply for and obtain a title V (d) If the air curtain incinerator has operating permit as specified in been out of operation for more than 12 §§ 60.2966 and 60.2967. months following the date of the previous test, then you must conduct a EQUATIONS test for opacity upon startup of the unit. § 60.2975 What equations must I use? (a) Percent oxygen. Adjust all pollut- § 60.2973 What are the recordkeeping ant concentrations to 7 percent oxygen and reporting requirements for air using equation 1 of this section. curtain incinerators that burn only wood waste, clean lumber, and yard CC=∗()20. 9 − 7 /() 20 . 9 − % O ( Eq . 1) waste? adj meas 2 (a) Prior to commencing construc- Where: tion on your air curtain incinerator, Cadj = pollutant concentration adjusted to 7 submit the three items described in percent oxygen Cmeas = pollutant concentration measured on paragraphs (a)(1) through (3) of this a dry basis section. (20.9–7) = 20.9 percent oxygen–7 percent oxy- (1) Notification of your intent to con- gen (defined oxygen correction basis) struct the air curtain incinerator. 20.9 = oxygen concentration in air, percent (2) Your planned initial startup date. %O2 = oxygen concentration measured on a (3) Types of materials you plan to dry basis, percent burn in your air curtain incinerator. (b) Capacity of a very small municipal (b) Keep records of results of all ini- waste combustion unit. For very small tial and annual opacity tests in either municipal waste combustion units that paper copy or computer-readable for- can operate continuously for 24-hour mat that can be printed upon request, periods, calculate the unit capacity unless the Administrator approves an- based on 24 hours of operation at the other format, for at least 5 years. You maximum charge rate. To determine must keep each record on site for at the maximum charge rate, use one of least 2 years. You may keep the two methods:

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(1) For very small municipal waste Act and subpart A (General Provisions) combustion units with a design based of this part. on heat input capacity, calculate the Administrator means: maximum charging rate based on the (1) For approved and effective State maximum heat input capacity and one section 111(d)/129 plans, the Director of of two heating values: the State air pollution control agency, (i) If your very small municipal or his or her delegatee; waste combustion unit combusts (2) For Federal section 111(d)/129 refuse-derived fuel, use a heating value plans, the Administrator of the EPA, of 12,800 kilojoules per kilogram (5,500 an employee of the EPA, the Director British thermal units per pound). of the State air pollution control agen- (ii) If your very small municipal cy, or employee of the State air pollu- waste combustion unit combusts municipal solid waste, use a heating value tion control agency to whom the au- of 10,500 kilojoules per kilogram (4,500 thority has been delegated by the Ad- British thermal units per pound). ministrator of the EPA to perform the (2) For very small municipal waste specified task; and combustion units with a design not (3) For NSPS, the Administrator of based on heat input capacity, use the the EPA, an employee of the EPA, the maximum design charging rate. Director of the State air pollution con- (c) Capacity of a batch very small mu- trol agency, or employee of the State nicipal waste combustion unit. Calculate air pollution control agency to whom the capacity of a batch OSWI unit as the authority has been delegated by the maximum design amount of munic- the Administrator of the EPA to per- ipal solid waste it can charge per batch form the specified task. multiplied by the maximum number of Air curtain incinerator means an in- batches it can process in 24 hours. Cal- cineration unit operating by forcefully culate the maximum number of projecting a curtain of air across an batches by dividing 24 by the number of open, integrated combustion chamber hours needed to process one batch. Re- (fire box) or open pit or trench (trench tain fractional batches in the calcula- burner) in which combustion occurs. tion. For example, if one batch requires For the purpose of this subpart and 16 hours, the unit can combust 24/16, or subpart FFFF of this part only, air 1.5 batches, in 24 hours. curtain incinerators include both fire- (d) Carbon monoxide pollutant rate. box and trench burner units. When hourly average pollutant rates Auxiliary fuel means natural gas, (Eh) are obtained (e.g., CEMS values), compute the rolling average carbon liquified petroleum gas, fuel oil, or diesel fuel. monoxide pollutant rate (Ea) for each 12-hour period using the following Batch OSWI unit means an OSWI unit equation: that is designed such that neither waste charging nor ash removal can 12 occur during combustion. = 1 EEEqahj∑ ( . 2) Calendar quarter means three con- 12 j=1 secutive months (nonoverlapping) be- Where: ginning on: January 1, April 1, July 1, or October 1. Ea = Average carbon monoxide pollutant rate for the 12-hour period, ppm corrected to Calendar year means 365 consecutive 7 percent O2. days starting on January 1 and ending Ehj = Hourly arithmetic average pollutant on December 31. rate for hour ‘‘j,’’ ppm corrected to 7 per- Chemotherapeutic waste means waste cent O . 2 material resulting from the production DEFINITIONS or use of anti-neoplastic agents used for the purpose of stopping or reversing § 60.2977 What definitions must I the growth of malignant cells. know? Class II municipal solid waste landfill Terms used but not defined in this means a landfill that meets four cri- subpart are defined in the Clean Air teria:

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(1) Accepts, for incineration or dis- been painted, pigment-stained, or pres- posal, less than 20 tons per day of mu- sure-treated by compounds such as nicipal solid waste or other solid chromate copper arsenate, wastes based on an annual average; pentachlorophenol, and creosote, or (2) Is located on a site where there is manufactured wood products that con- no evidence of groundwater pollution tain adhesives or resins (e.g., plywood, caused or contributed to by the land- particle board, flake board, and ori- fill; ented strand board). (3) Is not connected by road to a Collected from means the transfer of Class I municipal solid waste landfill, material from the site at which the as defined by Alaska regulatory code 18 material is generated to a separate site AAC 60.300(c) or, if connected by road, where the material is burned. is located more than 50 miles from a Contained gaseous material means Class I municipal solid waste landfill; gases that are in a container when that and container is combusted. (4) Serves a community that meets Continuous emission monitoring system one of two criteria: or CEMS means a monitoring system (i) Experiences for at least three for continuously measuring and record- months each year, an interruption in ing the emissions of a pollutant from access to surface transportation, pre- an OSWI unit. venting access to a Class I municipal Continuous OSWI unit means an OSWI solid waste landfill; or unit that is designed to allow waste (ii) Has no practicable waste manage- charging and ash removal during comment alternative, with a landfill lo- bustion. cated in an area that annually receives Deviation means any instance in 25 inches or less of precipitation. which a unit that meets the require- Class III municipal solid waste landfill ments in § 60.2885, or an owner or oper- is a landfill that is not connected by ator of such a source: road to a Class I municipal solid waste (1) Fails to meet any requirement or landfill, as defined by Alaska regu- obligation established by this subpart, latory code 18 AAC 60.300(c) or, if con- including but not limited to any emis- nected by road, is located more than 50 sion limitation, operating limit, or op- miles from a Class I municipal solid erator qualification and accessibility waste landfill, and that accepts, for requirements; disposal, either of the following two (2) Fails to meet any term or condi- criteria: tion that is adopted to implement an (1) Ash from incinerated municipal applicable requirement in this subpart waste in quantities less than 1 ton per and that is included in the operating day on an annual average, which ash permit for any unit that meets the re- must be free of food scraps that might quirements in § 60.2885 and is required attract animals; or to obtain such a permit; or (2) Less than 5 tons per day of munic- (3) Fails to meet any emission limi- ipal solid waste, based on an annual av- tation, operating limit, or operator erage, and is not located in a place that qualification and accessibility require- meets either of the following criteria: ment in this subpart during startup, (i) Where public access is restricted, shutdown, or malfunction, regardless including restrictions on the right to of whether or not such failure is al- move to the place and reside there; or lowed by this subpart. (ii) That is provided by an employer Dioxins/furans means tetra- through and that is populated totally by per- octachlorinated dibenzo-p-dioxins and sons who are required to reside there as dibenzofurans. a condition of employment and who do Energy recovery means the process of not consider the place to be their per- recovering thermal energy from com- manent residence. bustion for useful purposes such as Clean lumber means wood or wood steam generation or process heating. products that have been cut or shaped EPA means the Administrator of the and include wet, air-dried, and kiln- EPA or employee of the EPA that is dried wood products. Clean lumber does delegated the authority to perform the not include wood products that have specified task.

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Institutional facility means a land- ner. Failures that are caused, in part, based facility owned and/or operated by by poor maintenance or careless oper- an organization having a govern- ation are not malfunctions. mental, educational, civic, or religious Metropolitan Statistical Area means purpose such as a school, hospital, pris- any areas listed as metropolitan statis- on, military installation, church, or tical areas in OMB Bulletin No. 05–02 other similar establishment or facility. entitled ‘‘Update of Statistical Area Institutional waste means solid waste Definitions and Guidance on Their (as defined in this subpart) that is com- Uses’’ dated February 22, 2005 (avail- busted at any institutional facility able on the Web at http:// using controlled flame combustion in www.whitehouse.gov/omb/bulletins/). an enclosed, distinct operating unit: Modification or modified unit means an whose design does not provide for en- incineration unit you have changed on ergy recovery (as defined in this sub- or after June 16, 2006 and that meets part); operated without energy recov- one of two criteria: ery (as defined in this subpart); or op- (1) The cumulative cost of the erated with only waste heat recovery changes over the life of the unit ex- (as defined in this subpart). Institu- ceeds 50 percent of the original cost of tional waste also means solid waste (as building and installing the unit (not in- defined in this subpart) combusted on cluding the cost of land) updated to site in an air curtain incinerator that current costs (current dollars). For an is a distinct operating unit of any in- OSWI unit, to determine what systems stitutional facility. are within the boundary of the unit Institutional waste incineration unit used to calculate these costs, see the means any combustion unit that com- definition of OSWI unit. busts institutional waste (as defined in (2) Any physical change in the unit this subpart) and is a distinct oper- or change in the method of operating it ating unit of the institutional facility that increases the amount of any air that generated the waste. Institutional pollutant emitted for which section 129 waste incineration units include field- or section 111 of the Clean Air Act has erected, modular, cyclonic burn barrel, established standards. and custom built incineration units op- Municipal solid waste means refuse erating with starved or excess air, and (and refuse-derived fuel) collected from any air curtain incinerator that is a the general public and from residen- distinct operating unit of the institu- tial, commercial, institutional, and in- tional facility that generated the insti- dustrial sources consisting of paper, tutional waste (except those air cur- wood, yard wastes, food wastes, plas- tain incinerators listed in § 60.2888(b)). tics, leather, rubber, and other combus- Intermittent OSWI unit means an tible materials and non-combustible OSWI unit that is designed to allow materials such as metal, glass and waste charging, but not ash removal, rock, provided that: (1) the term does during combustion. not include industrial process wastes Low-level radioactive waste means or medical wastes that are segregated waste material that contains radio- from such other wastes; and (2) an inactive nuclides emitting primarily beta cineration unit shall not be considered or gamma radiation, or both, in con- to be combusting municipal solid waste centrations or quantities that exceed for purposes of this subpart if it com- applicable Federal or State standards busts a fuel feed stream, 30 percent or for unrestricted release. Low-level ra- less of the weight of which is com- dioactive waste is not high-level radio- prised, in aggregate, of municipal solid active waste, spent nuclear fuel, or by- waste, as determined by § 60.2887(b). product material as defined by the Municipal waste combustion unit Atomic Energy Act of 1954 (42 U.S.C. means, for the purpose of this subpart 2014(e)(2)). and subpart FFFF of this part, any set- Malfunction means any sudden, infre- ting or equipment that combusts mu- quent, and not reasonably preventable nicipal solid waste (as defined in this failure of air pollution control equip- subpart) including, but not limited to, ment, process equipment, or a process field-erected, modular, cyclonic burn to operate in a normal or usual man- barrel, and custom built incineration

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units (with or without energy recov- an OSWI unit, to determine what sys- ery) operating with starved or excess tems are within the boundary of the air, boilers, furnaces, pyrolysis/com- unit used to calculate these costs, see bustion units, and air curtain inciner- the definition of OSWI unit. ators (except those air curtain inciner- Refuse-derived fuel means a type of ators listed in § 60.2888(b)). municipal solid waste produced by Other solid waste incineration (OSWI) processing municipal solid waste unit means either a very small munic- through shredding and size classifica- ipal waste combustion unit or an insti- tion. This includes all classes of refuse- tutional waste incineration unit, as de- derived fuel including two fuels: fined in this subpart. Unit types listed (1) Low-density fluff refuse-derived in § 60.2887 as being excluded from the fuel through densified refuse-derived subpart are not OSWI units subject to fuel. this subpart. While not all OSWI units will include all of the following compo- (2) Pelletized refuse-derived fuel. nents, an OSWI unit includes, but is Shutdown means the period of time not limited to, the municipal or insti- after all waste has been combusted in tutional solid waste feed system, grate the primary chamber. For continuous system, flue gas system, waste heat re- OSWI, shutdown shall commence no covery equipment, if any, and bottom less than 2 hours after the last charge ash system. The OSWI unit does not in- to the incinerator. For intermittent clude air pollution control equipment OSWI, shutdown shall commence no or the stack. The OSWI unit boundary less than 4 hours after the last charge starts at the municipal or institutional to the incinerator. For batch OSWI, waste hopper (if applicable) and ex- shutdown shall commence no less than tends through two areas: 5 hours after the high-air phase of com- (1) The combustion unit flue gas sys- bustion has been completed. tem, which ends immediately after the Solid waste means any garbage, last combustion chamber or after the refuse, sludge from a waste treatment waste heat recovery equipment, if any; plant, water supply treatment plant, or and air pollution control facility and other (2) The combustion unit bottom ash discarded material, including solid, liq- system, which ends at the truck load- uid, semisolid, or contained gaseous ing station or similar equipment that material resulting from industrial, transfers the ash to final disposal. The commercial, mining, agricultural oper- OSWI unit includes all ash handling ations, and from community activities, systems connected to the bottom ash but does not include solid or dissolved handling system. material in domestic sewage, or solid means total partic- Particulate matter or dissolved materials in irrigation re- ulate matter emitted from OSWI units turn flows or industrial discharges that as measured by Method 5 or Method 29 are point sources subject to permits of appendix A of this part. under section 402 of the Federal Water Pathological waste means waste mate- Pollution Control Act, as amended (33 rial consisting of only human or animal remains, anatomical parts, and/or U.S.C. 1342), or source, special nuclear, tissue, the bags/containers used to col- or byproduct material as defined by the lect and transport the waste material, Atomic Energy Act of 1954, as amended and animal bedding (if applicable). (42 U.S.C. 2014). Reconstruction means rebuilding an Standard conditions, when referring to incineration unit and meeting two cri- units of measure, means a temperature teria: of 68 °F (20 °C) and a pressure of 1 at- (1) The reconstruction begins on or mosphere (101.3 kilopascals). after June 16, 2006. Startup period means the period of (2) The cumulative cost of the con- time between the activation of the sys- struction over the life of the inciner- tem and the first charge to the OSWI ation unit exceeds 50 percent of the unit. For batch OSWI, startup means original cost of building and installing the period of time between activation the unit (not including land) updated of the system and ignition of the to current costs (current dollars). For waste.

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Very small municipal waste combustion shrubs from residential, commercial/re- unit means any municipal waste com- tail, institutional, or industrial sources bustion unit that has the capacity to as part of maintaining yards or other combust less than 35 tons per day of private or public lands. municipal solid waste or refuse-derived (2) Construction, renovation, or dem- fuel, as determined by the calculations olition wastes. in § 60.2975. (3) Clean lumber. Waste heat recovery means the process (4) Treated wood and treated wood of recovering heat from the combustion products, including wood products that flue gases outside of the combustion have been painted, pigment-stained, or firebox by convective heat transfer pressure treated by compounds such as only. chromate copper arsenate, Wet scrubber means an add-on air pol- pentachlorophenol, and creosote, or lution control device that utilizes an manufactured wood products that con- aqueous or alkaline scrubbing liquor to tain adhesives or resins (e.g., plywood, collect particulate matter (including particle board, flake board, and ori- nonvaporous metals and condensed ented strand board). organics) and/or to absorb and neu- Yard waste means grass, grass clip- tralize acid gases. pings, bushes, shrubs, and clippings Wood waste means untreated wood from bushes and shrubs. Yard waste and untreated wood products, including comes from residential, commercial/re- tree stumps (whole or chipped), trees, tail, institutional, or industrial sources tree limbs (whole or chipped), bark, as part of maintaining yards or other sawdust, chips, scraps, slabs, millings, private or public lands. Yard waste and shavings. Wood waste does not in- does not include two items: clude: (1) Construction, renovation, and (1) Grass, grass clippings, bushes, demolition wastes. shrubs, and clippings from bushes and (2) Clean lumber.

TABLE 1 TO SUBPART EEEE OF PART 60—EMISSION LIMITATIONS

As stated in § 60.2915, you must comply with the following:

For the air pollutant You must meet this emission Using this averaging time And determining limitation a compliance using this method

1. Cadmium ...... 18 micrograms per dry stand- 3-run average (1 hour min- Method 29 of appendix A of ard cubic meter. imum sample time per run). this part. 2. Carbon monoxide ...... 40 parts per million by dry 3-run average (1 hour min- Method 10, 10A, or 10B of volume. imum sample time per run appendix A of this part and during performance test), CEMS. and 12-hour rolling averages measured using CEMS. b 3. Dioxins/furans (total basis) .. 33 nanograms per dry stand- 3-run average (1 hour min- Method 23 of appendix A of ard cubic meter. imum sample meter time this part. per run). 4. Hydrogen chloride ...... 15 parts per million by dry 3-run average (1 hour min- Method 26A of appendix A of volume. imum sample time per run). this part. 5. Lead ...... 226 micrograms per dry 3-run average (1 hour min- Method 29 of appendix A of standard cubic meter. imum sample time per run). this part. 6. Mercury ...... 74 micrograms per dry stand- 3-run average (1 hour min- Method 29 of appendix A of ard cubic meter. imum sample time per run). this part. 7. Opacity ...... 10 percent ...... 6-minute average (observe Method 9 of appendix A of over three 1-hour test runs; this part. i.e., thirty 6-minute averages). 8. Oxides of nitrogen ...... 103 parts per million by dry 3-run average (1 hour min- Method 7, 7A, 7C, 7D, or 7E volume. imum sample time per run). of appendix A of this part, or ANSI/ASME PTC 19.10– 1981 (IBR, see § 60.17(h)) in lieu of Methods 7 and 7C only. 9. Particulate matter ...... 0.013 grains per dry standard 3-run average (1 hour min- Method 5 or 29 of appendix A cubic foot. imum sample time per run). of this part.

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For the air pollutant You must meet this emission Using this averaging time And determining limitation a compliance using this method

10. Sulfur dioxide ...... 3.1 parts per million by dry 3-run average (1 hour min- Method 6 or 6C of appendix volume. imum sample time per run). A of this part, 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 TO SUBPART EEEE OF PART 60—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

As stated in § 60.2916, you must comply with the following:

For these operating You must establish And monitoring using these minimum frequencies parameters these 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 continuous and intermittent units a. 2. Pressure drop Minimum pressure drop Continuous ...... Every 15 minutes ...... 3-hour rolling a. across the wet scrub- or amperage. ber or amperage to wet scrubber. 3. Scrubber liquor flow Minimum flow rate ...... Continuous ...... Every 15 minutes ...... 3-hour rolling a. rate. 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 TO SUBPART EEEE OF PART 60—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

As stated in § 60.2940, you must comply with the following:

If needed to meet minimum Use the following perform- data requirements, use the For the following Use the following span values ance specifications (P.S.) in following alternate methods in pollutants for your CEMS appendix B of this part for appendix A of this part to col- your CEMS lect data

1. Carbon Monoxide ...... 125 percent of the maximum P.S.4A ...... Method 10. hourly potential carbon monoxide emissions of the waste combustion unit. 2. Oxygen ...... 25 percent oxygen ...... P.S.3 ...... Method 3A or 3B, or ANSI/ ASME PTC 19.10–1981 (IBR, see § 60.17(h)) in lieu of Method 3B only.

TABLE 4 TO SUBPART EEEE OF PART 60—SUMMARY OF REPORTING REQUIREMENTS

As stated in § 60.2951, you must comply with the following:

Report Due date Contents Reference

1. Preconstruction report a. Prior to commencing i. Statement of intent to construct; ...... § 60.2952. construction. ii. Anticipated date of commencement of § 60.2952. onstruction; iii. Documentation for siting requirements; § 60.2952. iv. Waste management plan; and § 60.2952. v. Anticipated date of initial startup. § 60.2952. 2. Startup notification .... a. Prior to initial startup i. Types of waste to be burned; § 60.2953. ii. Maximum design waste burning capacity; § 60.2953. iii. Anticipated maximum charge rate; § 60.2953. iv. If applicable, the petition for site-specific op- § 60.2953. erating limits; and v. Anticipated date of initial startup. § 60.2953.

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Report Due date Contents Reference

3. Initial test report ...... a. No later than 60 days i. Complete test report for the initial perform- § 60.2954. following the initial ance test; and performance test. ii. The values for the site-specific operating lim- § 60.2954. its. 4. Annual report ...... a. No later than 12 i. Company Name and address; §§ 60.2955 and months following the 60.2956. submission of the ini- ii. Statement and signature by the owner or op- tial test report. Sub- erator; §§ 60.2955 and sequent reports are iii. Date of report; 60.2956. to be submitted no §§ 60.2955 and more than 12 months iv. Values for the operating limits; 60.2956. following the previous report. v. If no deviations or malfunctions were re- §§ 60.2955 and ported, a statement that no deviations oc- 60.2956. curred during the reporting period; §§ 60.2955 and 60.2956. vi. Highest and lowest recorded 12-hour aver- §§ 60.2955 and ages, as applicable, for carbon monoxide 60.2956. emissions and highest and lowest recorded 3- hour averages, as applicable, for each operating parameter recorded for the calendar year being reported; vii. Information for deviations or malfunctions re- §§ 60.2955 and corded under § 60.2949(b)(6) and (c) through 60.2956. (e); viii. If a performance test was conducted during §§ 60.2955 and the reporting period, the results of the test; 60.2956. ix. If a performance test was not conducted dur- §§ 60.2955 and ing the reporting period, a statement that the 60.2956. requirements of § 60.2934 (a) or (b) were met; and x. Documentation of periods when all qualified §§ 60.2955 and OSWI unit operators were unavailable for 60.2956. more than 12 hours but less than 2 weeks. 5. Emission limitation or a. By August 1 of that i. Dates and times of deviation; §§ 60.2957 and operating limit devi- year for data col- 60.2958. ation report. lected during the first ii. Averaged and recorded data for those dates; half of the calendar iii. Duration and causes of each deviation and §§ 60.2957 and year. By February 1 the corrective actions taken; 60.2958. of the following year iv. Copy of operating limit monitoring data and §§ 60.2957 and for data collected dur- any test reports; 60.2958. ing the second half of v. Dates, times, and causes for monitor the calendar year. downtimes incidents; §§ 60.2957 and vi. Whether each deviation occurred during a 60.2958. period of startup, shutdown, or malfunction; and §§ 60.2957 and 60.2958.

§§ 60.2957 and 60.2958. vii. Dates, times, and durations of any bypass of §§ 60.2957 and the control device. 60.2958. 6. Qualified operator de- a. Within 10 days of de- i. Statement of cause of deviation; ...... § 60.2959(a)(1). viation notification. viation. ii. Description of efforts to have an accessible § 60.2959(a)(1) qualified operator; and iii. The date a qualified operator will be acces- § 60.2959(a)(1). sible. 7. Qualified operation a. Every 4 weeks fol- i. Description of efforts to have an accessible § 60.2959(a)(2). deviation status report. lowing deviation. qualified operator; ii. The date a qualified operator will be acces- § 60.2959(a)(2). sible; and iii. Request to continue operation § 60.2959(a)(2). 8. Qualified operator de- a. Prior to resuming op- i. Notification that you are resuming operation ... § 60.2959(b). viation notification of eration. resumed operation. Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.

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[70 FR 74892, Dec. 16, 2005, as amended at 71 (1) Inventory of affected incineration FR 67806, Nov. 24, 2006] units, including those that have ceased operation but have not been disman- Subpart FFFF—Emission Guidelines tled. and Compliance Times for (2) Inventory of emissions from af- Other Solid Waste Incineration fected incineration units in your State. Units That Commenced Con- (3) Compliance schedules for each af- struction On or Before De- fected incineration unit. cember 9, 2004 (4) For each affected incineration unit, emission limitations, operator training and qualification require- SOURCE: 70 FR 74907, Dec. 16, 2005, unless ments, a waste management plan, and otherwise noted. operating parameter requirements that INTRODUCTION are at least as protective as the emission guidelines contained in this sub- § 60.2980 What is the purpose of this part. subpart? (5) Stack testing, recordkeeping, and This subpart establishes emission reporting requirements. guidelines and compliance schedules (6) Transcript of the public hearing for the control of emissions from other on the State plan. solid waste incineration (OSWI) units. (7) Provision for State progress re- The pollutants addressed by these ports to EPA. emission guidelines are listed in table 2 (8) Identification of enforceable State of this subpart. These emission guide- mechanisms that you selected for im- lines are developed in accordance with plementing the emission guidelines of sections 111(d) and 129 of the Clean Air this subpart. Act and subpart B of this part. (9) Demonstration of your State’s legal authority to carry out the sec- § 60.2981 Am I affected by this sub- tions 111(d) and 129 in your State plan. part? (b) Your State plan may deviate from (a) If you are the Administrator of an the format and content of the emission air quality program in a State or guidelines contained in this subpart. United States protectorate with one or However, if your State plan does devi- more existing OSWI units or air curate, you must demonstrate that your tain incinerators subject to this sub- State plan is at least as protective as part as described in § 60.2994(b) that the emission guidelines contained in commenced construction on or before this subpart. Your State plan must ad- December 9, 2004, you must submit a dress regulatory applicability, compli- State plan to the U.S. Environmental ance schedule, operator training and Protection Agency (EPA) that imple- qualification, a waste management ments the emission guidelines con- plan, emission limitations, stack test- tained in this subpart. ing, operating parameter requirements, (b) You must submit the State plan monitoring, recordkeeping and report- to EPA by December 18, 2006. ing, and air curtain incinerator requirements. § 60.2982 Is a State plan required for (c) You must follow the requirements all States? of subpart B of this part (Adoption and No, you are not required to submit a Submittal of State Plans for Des- State plan if there are no existing ignated Facilities) in your State plan. OSWI units or air curtain incinerators subject to this subpart as described in § 60.2984 Is there an approval process § 60.2994(b) in your State and you sub- for my State plan? mit a negative declaration letter in Yes, EPA will review your State plan place of the State plan. according to § 60.27.

§ 60.2983 What must I include in my § 60.2985 What if my State plan is not State plan? approvable? (a) You must include the following If you do not submit an approvable nine items in your State plan: State plan (or a negative declaration

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letter) by December 17, 2007, EPA will after the effective date of State plan develop a Federal plan according to approval, whichever is sooner. This ap- § 60.27 to implement the emission plies instead of the option for case-by- guidelines contained in this subpart. case less stringent emission standards Owners and operators of incineration and longer compliance schedules in units not covered by an approved State § 60.24(f). plan must comply with the Federal (b) State plans developed to imple- plan. The Federal plan is an interim ment this subpart are required to in- action and applies to units until a clude only one increment of progress State plan covering those units is ap- for the affected incineration units. proved and becomes effective. This increment is the final compliance § 60.2986 Is there an approval process date in § 60.21(h)(5). This applies instead for a negative declaration letter? of the requirement of § 60.24(e)(1). No, EPA has no formal review proc- § 60.2989 Does this subpart directly af- ess for negative declaration letters. fect incineration unit owners and Once we receive your negative declara- operators in my State? tion letter, we will place a copy in the public docket and publish a notice in (a) No, this subpart does not directly the FEDERAL REGISTER. If, at a later affect incineration unit owners and op- date, an existing incineration unit is erators in your State. However, unit found in your State, the Federal plan owners and operators must comply implementing the emission guidelines with the State plan you develop to im- contained in this subpart would auto- plement the emission guidelines con- matically apply to that unit until your tained in this subpart. State plan is approved. (b) If you do not submit an approvable plan to implement and enforce the § 60.2987 What compliance schedule guidelines contained in this subpart by must I include in my State plan? December 17, 2007, EPA will implement Your State plan must include compli- and enforce a Federal plan, as provided ance schedules that require OSWI units in § 60.2985, to ensure that each unit and air curtain incinerators subject to within your State reaches compliance this subpart as described in § 60.2994(b) with all the provisions of this subpart to achieve final compliance as expedi- by December 16, 2010. tiously as practicable after approval of the State plan but not later than the § 60.2990 What Authorities are with- earlier of the following two dates: held by EPA? (a) December 16, 2010. The following authorities are with- (b) Three years after the effective held by EPA and not transferred to the date of State plan approval. State, local or tribal agency: § 60.2988 Are there any State plan re- (1) Approval of alternatives to the quirements for this subpart that emission limitations in table 2 of this apply instead of the requirements subpart and operating limits estab- specified in subpart B of this part? lished under § 60.3023 and table 3 of this Yes, subpart B of this part estab- subpart. lishes general requirements for devel- (2) Approval of petitions for specific oping and processing section 111(d) operating limits in § 60.3024. plans. This subpart applies instead of (3) Approval of major alternatives to the requirements in subpart B of this test methods. part for the following: (4) Approval of major alternatives to (a) State plans developed to imple- monitoring. ment this subpart must be as protec- (5) Approval of major alternatives to tive as the emission guidelines con- recordkeeping and reporting. tained in this subpart. State plans must require all OSWI units and air (6) The status report requirements in curtain incinerators subject to this § 60.3020(c)(2). subpart as described in § 60.2994(b) to comply by December 16, 2010 or 3 years

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APPLICABILITY OF STATE PLANS (a) Cement kilns. The unit is excluded if it is regulated under subpart LLL of § 60.2991 What incineration units must part 63 of this chapter (National Emis- I address in my State plan? sion Standards for Hazardous Air Pol- Your State plan must address all in- lutants from the Portland Cement cineration units in your State that Manufacturing Industry). meet all the requirements specified in (b) Co-fired combustors. The unit, that paragraphs (a) through (c) of this sec- would otherwise be considered a very tion. small municipal waste combustion (a) The incineration unit is an exist- unit, is excluded if the owner/operator ing incineration unit as defined in of the unit meets the five requirements § 60.2992. specified in paragraphs (b)(1) through (b) The incineration unit is an OSWI (5) of this section. unit as defined in § 60.3078 or an air cur- (1) Has a Federally enforceable per- tain incinerator subject to this subpart mit limiting the combustion of munic- as described in § 60.2994(b). OSWI units ipal solid waste to 30 percent of the are very small municipal waste com- total fuel input by weight. bustion units and institutional waste (2) Notifies the Administrator that incineration units as defined in the unit qualifies for the exclusion. § 60.3078. (3) Provides the Administrator with a copy of the Federally enforceable per- (c) The incineration unit is not ex- mit. cluded under § 60.2993. (4) Records the weights, each cal- § 60.2992 What is an existing inciner- endar quarter, of municipal solid waste ation unit? and of all other fuels combusted. (5) Keeps each report for 5 years. An existing incineration unit is an These records must be kept on site for OSWI unit or air curtain incinerator at least 2 years, but may be kept off subject to this subpart that com- site for the remaining 3 years. menced construction on or before De- (c) Cogeneration facilities. The unit is cember 9, 2004, except as provided in excluded if it meets the three require- paragraph (a) of this section. ments specified in paragraphs (c)(1) (a) If the owner or operator of an in- through (3) of this section. cineration unit makes changes that (1) The unit qualifies as a cogenera- meet the definition of modification or tion facility under section 3(18)(B) of reconstruction on or after June 16, 2006, the Federal Power Act (16 U.S.C. the unit becomes subject to subpart 796(18)(B)). EEEE of this part (New Source Per- (2) The unit burns homogeneous formance Standards for Other Solid waste (not including refuse-derived Waste Incineration Units) and the fuel) to produce electricity and steam State plan no longer applies to that or other forms of energy used for indus- unit. trial, commercial, heating, or cooling (b) If the owner or operator of an ex- purposes. isting incineration unit makes physical (3) The owner/operator of the unit no- or operational changes to the unit pri- tifies the Administrator that the unit marily to comply with the State plan, meets all of these criteria. then subpart EEEE of this part does (d) Commercial and industrial solid not apply to that unit. Such changes do waste incineration units. The unit is ex- not qualify as modifications or recon- cluded if it is regulated under subparts structions under subpart EEEE of this CCCC or DDDD of this part or subpart part. III of part 62 and is required to meet the emission limitations established in § 60.2993 Are any combustion units ex- those subparts. cluded from my State plan? (e) Hazardous waste combustion units. This subpart excludes the types of The unit is excluded if it meets either units described in paragraphs (a) of the two criteria specified in para- through (q) of this section, as long as graph (e)(1) or (2) of this section. the owner/operator meets the require- (1) The owner/operator of the unit is ments of this section. required to get a permit for the unit

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under section 3005 of the Solid Waste limits and all other applicable require- Disposal Act. ments of this subpart. (2) The unit is regulated under 40 (i) Institutional boilers and process CFR part 63, subpart EEE (National heaters. The unit is excluded if it is reg- Emission Standards for Hazardous Air ulated under 40 CFR part 63, subpart Pollutants from Hazardous Waste Com- DDDDD (National Emission Standards bustors). for Hazardous Air Pollutants for Indus- (f) Hospital/medical/infectious waste in- trial, Commercial, and Institutional cinerators. The unit is excluded if it is Boilers and Process Heaters). regulated under subparts Ce or Ec of (j) Laboratory Analysis Units. The unit this part (New Source Performance is excluded if it burns samples of mate- Standards and Emission Guidelines for rials only for the purpose of chemical Hospital/Medical/Infectious Waste In- or physical analysis. cinerators) or subpart HHH of part 62 (k) Materials recovery units. The unit (Federal Plan for Hospital/Medical/In- is excluded if it combusts waste for the fectious Waste Incinerators con- primary purpose of recovering metals. structed on or before June 20, 1996). Examples include primary and sec- (g) Incinerators and air curtain inciner- ondary smelters. ators in isolated areas of Alaska. The in- (l) Pathological waste incineration cineration unit is excluded if it is used units. The institutional waste inciner- at a solid waste disposal site in Alaska ation unit or very small municipal that is classified as a Class II or Class waste combustion unit is excluded III municipal solid waste landfill, as from this subpart if it burns 90 percent defined in § 60.3078. or more by weight (on a calendar quar- (h) Rural institutional waste inciner- ter basis and excluding the weight of ators. The incineration unit is excluded auxiliary fuel and combustion air) of if it is an institutional waste inciner- pathological waste, low-level radio- ator, as defined in § 60.3078, and the ap- active waste, and/or chemotherapeutic plication for exclusion described in waste as defined in § 60.3078 and the paragraphs (h)(1) and (2) of this section owner/operator of the unit notifies the has been approved by the Adminis- Administrator that the unit meets trator. these criteria. (1) Prior to 1 year before the final compliance date, an application and (m) Small or large municipal waste com- supporting documentation dem- bustion units. The unit is excluded if it onstrating that the institutional waste is regulated under subparts AAAA, incineration unit meets the two re- BBBB, Ea, Eb, or Cb, of this part or quirements specified in paragraphs subparts FFF or JJJ of part 62 and is (h)(1)(i) and (ii) of this section must be required to meet the emission limita- submitted to the Administrator for ap- tions established in those subparts. proval. (n) Small power production facilities. (i) The unit is located more than 50 The unit is excluded if it meets the miles from the boundary of the nearest three requirements specified in para- Metropolitan Statistical Area, graphs (n)(1) through (3) of this section. (ii) Alternative disposal options are (1) The unit qualifies as a small not available or are economically in- power-production facility under sec- feasible. tion 3(17)(C) of the Federal Power Act (2) The application described in para- (16 U.S.C. 796(17)(C)). graph (h)(1) of this section must be re- (2) The unit burns homogeneous vised and resubmitted to the Adminis- waste (not including refuse-derived trator for approval every 5 years fol- fuel) to produce electricity. lowing the initial approval of the ex- (3) The owner/operator of the unit no- clusion for your unit. tifies the Administrator that the unit (3) If you re-applied for an exclusion meets all of these criteria. pursuant to paragraph (h)(2) of this (o) Temporary-use incinerators and air section and were denied exclusion by curtain incinerators used in disaster re- the Administrator, you have 3 years covery. The incineration unit is ex- from the expiration date of the current cluded if it is used on a temporary exclusion to comply with the emission basis to combust debris from a disaster

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or emergency such as a tornado, hurri- cluding the emission limitations speci- cane, flood, ice storm, high winds, or fied in table 2 of this subpart. act of bioterrorism and you comply (b) Air curtain incinerators that burn with the requirements in § 60.3061. only less than 35 tons per day of the (p) Units that combust contraband or materials listed in paragraphs (b)(1) prohibited goods. The incineration unit through (4) of this section collected is excluded if the unit is owned or oper- from the general public and from resi- ated by a government agency such as dential, commercial, institutional, and police, customs, agricultural inspec- industrial sources; or, air curtain in- tion, or a similar agency to destroy cinerators located at institutional fa- only illegal or prohibited goods such as cilities that burn only the materials illegal drugs, or agricultural food prod- listed in paragraphs (b)(1) through (4) ucts that can not be transported into of this section generated at that facil- the country or across state lines to ity, are required to meet only the re- prevent biocontamination. The exclu- quirements in §§ 60.3062 through 60.3069 sion does not apply to items either con- and are exempt from all other require- fiscated or incinerated by private, in- ments of this subpart. dustrial, or commercial entities. (1) 100 percent wood waste. (q) Incinerators used for national secu- (2) 100 percent clean lumber. rity. Your incineration unit is excluded (3) 100 percent yard waste. if it meets the requirements specified (4) 100 percent mixture of only wood in either (q)(1) or (2) of this section. waste, clean lumber, and/or yard waste. (1) The incineration unit is used sole- MODEL RULE—USE OF MODEL RULE ly during military training field exercises to destroy national security ma- § 60.2996 What is the purpose of the terials integral to the field exercises. ‘‘model rule’’ in this subpart? (2) The incineration unit is used sole- (a) The model rule provides the emis- ly to incinerate national security ma- sion guidelines requirements in a terials, its use is necessary to safe- standard regulation format. You must guard national security, you follow the develop a State plan that is at least as exclusion request requirements in protective as the model rule. You may paragraphs (q)(2)(i) and (ii) of this sec- use the model rule language as part of tion, and the Administrator has ap- your State plan. Alternative language proved your request for exclusion. may be used in your State plan if you (i) The request for exclusion and sup- demonstrate that the alternative lan- porting documentation must dem- guage is at least as protective as the onstrate both that the incineration model rule contained in this subpart. unit is used solely to destroy national (b) In the ‘‘model rule’’ of §§ 60.3000 security materials and that a reliable through 60.3078, ‘‘you’’ means the alternative to incineration that en- owner or operator of an OSWI unit or sures acceptable destruction of na- air curtain incinerator subject to this tional security materials is unavail- subpart. able, on either a permanent or temporary basis. § 60.2997 How does the model rule re- (ii) The request for exclusion must be late to the required elements of my submitted to the Administrator prior State plan? to 1 year before the final compliance Use the model rule to satisfy the date. State plan requirements specified in § 60.2983(a)(4) and (5). § 60.2994 Are air curtain incinerators regulated under this subpart? § 60.2998 What are the principal com- (a) Air curtain incinerators that burn ponents of the model rule? less than 35 tons per day of municipal The model rule contains nine major solid waste or air curtain incinerators components, as follows: located at institutional facilities burn- (a) Compliance schedule. ing any amount of institutional waste (b) Waste management plan. generated at that facility are subject (c) Operator training and qualifica- to all requirements of this subpart, in- tion.

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(d) Emission limitations and oper- lowing the initial performance test as ating limits. specified in table 5 of this subpart. Sec- (e) Performance testing. tion 60.3031 specifies the date by which (f) Initial compliance requirements. you are required to conduct your per- (g) Continuous compliance require- formance test. ments. (h) Monitoring. § 60.3012 What should I include in my (i) Recordkeeping and reporting. waste management plan? A waste management plan must in- MODEL RULE—COMPLIANCE SCHEDULE clude consideration of the reduction or § 60.3000 When must I comply? separation of waste-stream elements Table 1 of this subpart specifies the such as paper, cardboard, plastics, final compliance date. You must sub- glass, batteries, or metals; or the use of mit a notification to the Administrator recyclable materials. The plan must stating whether final compliance has identify any additional waste manage- been achieved, postmarked within 10 ment measures and implement those business days after the final compli- measures the source considers prac- ance date in table 1 of this subpart. tical and feasible, considering the effectiveness of waste management § 60.3001 What must I do if I close my measures already in place, the costs of OSWI unit and then restart it? additional measures, the emissions re- (a) If you close your OSWI unit but ductions expected to be achieved, and will reopen it prior to the final compli- any other environmental or energy im- ance date in your State plan, you must pacts they might have. meet the final compliance date specified in table 1 of this subpart. MODEL RULE—OPERATOR TRAINING AND (b) If you close your OSWI unit but QUALIFICATION will restart it after your final compliance date, you must complete emission § 60.3014 What are the operator train- control retrofit and meet the emission ing and qualification requirements? limitations on the date your OSWI unit (a) No OSWI unit can be operated un- restarts operation. You must conduct less a fully trained and qualified OSWI your initial performance test within 30 unit operator is accessible, either at days of restarting your OSWI unit. the facility or can be at the facility within 1 hour. The trained and quali- § 60.3002 What must I do if I plan to fied OSWI unit operator may operate permanently close my OSWI unit the OSWI unit directly or be the direct and not restart it? supervisor of one or more other plant You must close the unit before the personnel who operate the unit. If all final compliance date specified in table qualified OSWI unit operators are tem- 1 of this subpart. porarily not accessible, you must follow the procedures in § 60.3020. MODEL RULE—WASTE MANAGEMENT (b) Operator training and qualifica- PLAN tion must be obtained through a State- § 60.3010 What is a waste management approved program or by completing the plan? requirements included in paragraph (c) A waste management plan is a writ- of this section. ten plan that identifies both the feasi- (c) Training must be obtained by bility and the methods used to reduce completing an incinerator operator or separate certain components of solid training course that includes, at a min- waste from the waste stream in order imum, the three elements described in to reduce or eliminate toxic emissions paragraphs (c)(1) through (3) of this from incinerated waste. section. (1) Training on the 13 subjects listed § 60.3011 When must I submit my in paragraphs (c)(1)(i) through (xiii) of waste management plan? this section. You must submit a waste manage- (i) Environmental concerns, includ- ment plan no later than 60 days fol- ing types of emissions.

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(ii) Basic combustion principles, in- course that satisfies the criteria under cluding products of combustion. § 60.3014(c). (iii) Operation of the specific type of (b) Qualification is valid from the incinerator to be used by the operator, date on which the training course is including proper startup, waste charg- completed and the operator success- ing, and shutdown procedures. fully passes the examination required (iv) Combustion controls and moni- under § 60.3014(c)(2). toring. (v) Operation of air pollution control § 60.3017 How do I maintain my operator qualification? equipment and factors affecting performance (if applicable). To maintain qualification, you must (vi) Inspection and maintenance of complete an annual review or refresher the incinerator and air pollution con- course covering, at a minimum, the trol devices. five topics described in paragraphs (a) (vii) Methods to monitor pollutants through (e) of this section. (including monitoring of incinerator (a) Update of regulations. and control device operating param- (b) Incinerator operation, including eters) and monitoring equipment cali- startup and shutdown procedures, bration procedures, where applicable. waste charging, and ash handling. (viii) Actions to correct malfunctions (c) Inspection and maintenance. or conditions that may lead to mal- (d) Responses to malfunctions or con- function. ditions that may lead to malfunction. (ix) Bottom and fly ash characteris- (e) Discussion of operating problems tics and handling procedures. encountered by attendees. (x) Applicable Federal, State, and § 60.3018 How do I renew my lapsed local regulations, including Occupa- operator qualification? tional Safety and Health Administra- You must renew a lapsed operator tion workplace standards. qualification by one of the two meth- (xi) Pollution prevention. ods specified in paragraphs (a) and (b) (xii) Waste management practices. of this section. (xiii) Recordkeeping requirements. (a) For a lapse of less than 3 years, (2) An examination designed and ad- you must complete a standard annual ministered by the instructor. refresher course described in § 60.3017. (3) Written material covering the (b) For a lapse of 3 years or more, training course topics that may serve you must repeat the initial qualifica- as reference material following completion requirements in § 60.3016(a). tion of the course. § 60.3019 What site-specific docu- § 60.3015 When must the operator mentation is required? training course be completed? (a) Documentation must be available The operator training course must be at the facility and readily accessible completed by the latest of the three for all OSWI unit operators that ad- dates specified in paragraphs (a) dresses the nine topics described in through (c) of this section. paragraphs (a)(1) through (9) of this (a) The final compliance date speci- section. You must maintain this infor- fied in table 1 of this subpart. mation and the training records re- (b) Six months after your OSWI unit quired by paragraph (c) of this section startup. in a manner that they can be readily (c) Six months after an employee as- accessed and are suitable for inspection sumes responsibility for operating the upon request. OSWI unit or assumes responsibility (1) Summary of the applicable stand- for supervising the operation of the ards under this subpart. OSWI unit. (2) Procedures for receiving, handling, and charging waste. § 60.3016 How do I obtain my operator (3) Incinerator startup, shutdown, qualification? and malfunction procedures. (a) You must obtain operator quali- (4) Procedures for maintaining proper fication by completing a training combustion air supply levels.

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(5) Procedures for operating the in- (3) For each qualified operator, the cinerator and associated air pollution phone and/or pager number at which control systems within the standards they can be reached during operating established under this subpart. hours. (6) Monitoring procedures for demonstrating compliance with the oper- § 60.3020 What if all the qualified operating limits established under this sub- ators are temporarily not accessible? part. (7) Reporting and recordkeeping pro- If all qualified operators are tempo- cedures. rarily not accessible (i.e., not at the fa- (8) The waste management plan re- cility and not able to be at the facility quired under §§ 60.3010 through 60.3012. within 1 hour), you must meet one of (9) Procedures for handling ash. the three criteria specified in paragraphs (a) through (c) of this section, (b) You must establish a program for depending on the length of time that a reviewing the information listed in qualified operator is not accessible. paragraph (a) of this section with each incinerator operator. (a) When all qualified operators are not accessible for 12 hours or less, the (1) The initial review of the informa- OSWI unit may be operated by other tion listed in paragraph (a) of this sec- plant personnel familiar with the oper- tion must be conducted by the latest of ation of the OSWI unit who have com- three dates specified in paragraphs pleted review of the information speci- (b)(1)(i) through (iii) of this section. fied in § 60.3019(a) within the past 12 (i) The final compliance date speci- months. You do not need to notify the fied in table 1 of this subpart. Administrator or include this as a devi- (ii) Six months after your OSWI unit ation in your annual report. startup. (b) When all qualified operators are (iii) Six months after an employee not accessible for more than 12 hours, assumes responsibility for operating but less than 2 weeks, the OSWI unit the OSWI unit or assumes responsi- may be operated by other plant per- bility for supervising the operation of sonnel familiar with the operation of the OSWI unit. the OSWI unit who have completed a (2) Subsequent annual reviews of the review of the information specified in information listed in paragraph (a) of § 60.3019(a) within the past 12 months. this section must be conducted not However, you must record the period later than 12 months following the pre- when all qualified operators were not vious review. accessible and include this deviation in (c) You must also maintain the infor- the annual report as specified under mation specified in paragraphs (c)(1) § 60.3051. through (3) of this section. (c) When all qualified operators are (1) Records showing the names of not accessible for 2 weeks or more, you OSWI unit operators who have com- must take the two actions that are depleted review of the information in scribed in paragraphs (c)(1) and (2) of paragraph (a) of this section as re- this section. quired by paragraph (b) of this section, (1) Notify the Administrator of this including the date of the initial review deviation in writing within 10 days. In and all subsequent annual reviews. the notice, state what caused this devi- (2) Records showing the names of the ation, what you are doing to ensure OSWI unit operators who have com- that a qualified operator is accessible, pleted the operator training require- and when you anticipate that a quali- ments under § 60.3014, met the criteria fied operator will be accessible. for qualification under § 60.3016, and (2) Submit a status report to EPA maintained or renewed their qualifica- every 4 weeks outlining what you are tion under § 60.3017 or § 60.3018. Records doing to ensure that a qualified oper- must include documentation of train- ator is accessible, stating when you an- ing, the dates of the initial and re- ticipate that a qualified operator will fresher training, and the dates of their be accessible and requesting approval qualification and all subsequent renew- from EPA to continue operation of the als of such qualifications. OSWI unit. You must submit the first

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status report 4 weeks after you notify recent performance test demonstrating the Administrator of the deviation compliance with the particulate mat- under paragraph (c)(1) of this section. ter emission limitations; or minimum If EPA notifies you that your request amperage to the wet scrubber, which is to continue operation of the OSWI unit calculated as the average amperage to is disapproved, the OSWI unit may con- the wet scrubber measured during the tinue operation for 90 days, then must most recent performance test dem- cease operation. Operation of the unit onstrating compliance with the partic- may resume if you meet the two re- ulate matter emission limitations. quirements in paragraphs (c)(2)(i) and (3) Minimum scrubber liquor flow (ii) of this section. rate, which is calculated as the average (i) A qualified operator is accessible liquor flow rate at the inlet to the wet as required under § 60.3014(a). scrubber measured during the most re- (ii) You notify EPA that a qualified cent performance test demonstrating operator is accessible and that you are compliance with all applicable emis- resuming operation. sion limitations. (4) Minimum scrubber liquor pH, MODEL RULE—EMISSION LIMITATIONS which is calculated as the average liq- AND OPERATING LIMITS uor pH at the inlet to the wet scrubber § 60.3022 What emission limitations measured during the most recent per- must I meet and by when? formance test demonstrating compliance with the hydrogen chloride and You must meet the emission limita- sulfur dioxide emission limitations. tions specified in table 2 of this subpart on the date the initial performance (b) You must meet the operating lim- test is required or completed (which- its established during the initial per- ever is earlier). Section 60.3031 specifies formance test beginning on the date 180 the date by which you are required to days after your final compliance date conduct your performance test. in table 1 of this subpart.

§ 60.3023 What operating limits must I § 60.3024 What if I do not use a wet meet and by when? scrubber to comply with the emission limitations? (a) If you use a wet scrubber to comply with the emission limitations, you If you use an air pollution control de- must establish operating limits for vice other than a wet scrubber or limit four operating parameters (as specified emissions in some other manner to in table 3 of this subpart) as described comply with the emission limitations in paragraphs (a)(1) through (4) of this under § 60.3022, you must petition EPA section during the initial performance for specific operating limits, the values test. of which are to be established during (1) Maximum charge rate, calculated the initial performance test and then using one of the two different proce- continuously monitored thereafter. dures in paragraphs (a)(1)(i) or (ii) of You must not conduct the initial per- this section, as appropriate. formance test until after the petition (i) For continuous and intermittent has been approved by EPA. Your peti- units, maximum charge rate is the av- tion must include the five items listed erage charge rate measured during the in paragraphs (a) through (e) of this most recent performance test dem- section. onstrating compliance with all applica- (a) Identification of the specific pable emission limitations. rameters you propose to use as oper- (ii) For batch units, maximum charge ating limits. rate is the charge rate measured during (b) A discussion of the relationship the most recent performance test dem- between these parameters and emis- onstrating compliance with all applica- sions of regulated pollutants, identi- ble emission limitations. fying how emissions of regulated pol- (2) Minimum pressure drop across the lutants change with changes in these wet scrubber, which is calculated as parameters, and how limits on these the average pressure drop across the parameters will serve to limit emis- wet scrubber measured during the most sions of regulated pollutants.

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(c) A discussion of how you will es- paragraphs (g)(1) through (3) of this tablish the upper and/or lower values section. for these parameters that will establish (1) The probe and filter must be con- the operating limits on these param- ditioned prior to sampling using the eters. procedure described in paragraphs (d) A discussion identifying the (g)(1)(i) through (iii) of this section. methods you will use to measure and (i) Assemble the sampling train(s) the instruments you will use to mon- and conduct a conditioning run by col- itor these parameters, as well as the lecting between 14 liters per minute relative accuracy and precision of (0.5 cubic feet per minute) and 30 liters these methods and instruments. per minute (1.0 cubic feet per minute) (e) A discussion identifying the fre- of gas over a 1-hour period. Follow the quency and methods for recalibrating sampling procedures outlined in sec- the instruments you will use for moni- tion 8.1.5 of Method 26A of appendix A toring these parameters. of this part. For the conditioning run, § 60.3025 What happens during periods water can be used as the impinger solu- of startup, shutdown, and malfunction. tion? (ii) Remove the impingers from the The emission limitations and oper- sampling train and replace with a fresh ating limits apply at all times except impinger train for the sampling run, during OSWI unit startups, shutdowns, leaving the probe and filter (and cy- or malfunctions. clone, if used) in position. Do not recover the filter or rinse the probe be- MODEL RULE—PERFORMANCE TESTING fore the first run. Thoroughly rinse the impingers used in the preconditioning § 60.3027 How do I conduct the initial run with deionized water and discard and annual performance test? these rinses. (a) All performance tests must con- (iii) The probe and filter assembly sist of a minimum of three test runs are conditioned by the stack gas and conducted under conditions representa- are not recovered or cleaned until the tive of normal operations. end of testing. (b) All performance tests must be (2) For the duration of sampling, a conducted using the methods in table 2 temperature around the probe and fil- of this subpart. ter (and cyclone, if used) between 120 °C (c) All performance tests must be (248 °F) and 134 °C (273 °F) must be conducted using the minimum run du- maintained. ration specified in table 2 of this subpart. (3) If water droplets are present in the sample gas stream, the require- (d) Method 1 of appendix A of this part must be used to select the sam- ments specified in paragraphs (g)(3)(i) pling location and number of traverse and (ii) of this section must be met. points. (i) The cyclone described in section (e) Method 3A or 3B of appendix A of 6.1.4 of Method 26A of appendix A of this part must be used for gas composi- this part must be used. tion analysis, including measurement (ii) The post-test moisture removal of oxygen concentration. Method 3A or procedure described in section 8.1.6 of 3B of appendix A of this part must be Method 26A of appendix A of this part used simultaneously with each method. must be used. (f) All pollutant concentrations, except for opacity, must be adjusted to 7 § 60.3028 How are the performance percent oxygen using Equation 1 in test data used? § 60.3076. You use results of performance tests (g) Method 26A of appendix A of this to demonstrate compliance with the part must be used for hydrogen chlo- emission limitations in table 2 of this ride concentration analysis, with the subpart. additional requirements specified in

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MODEL RULE—INITIAL COMPLIANCE (unless a different averaging period is REQUIREMENTS established under § 60.3024) above the established maximum or below the es- § 60.3030 How do I demonstrate initial tablished minimum operating limits compliance with the emission limitations and establish the operating constitutes a deviation from the estab- limits? lished operating limits. Operating lim- You must conduct an initial perform- its do not apply during performance ance test, as required under § 60.8, to tests. determine compliance with the emission limitations in table 2 of this sub- § 60.3034 By what date must I conduct the annual performance test? part and to establish operating limits using the procedure in § 60.3023 or You must conduct annual perform- § 60.3024. The initial performance test ance tests within 12 months following must be conducted using the test meth- the initial performance test. Conduct ods listed in table 2 of this subpart and subsequent annual performance tests the procedures in § 60.3027. within 12 months following the previous one. § 60.3031 By what date must I conduct the initial performance test? § 60.3035 May I conduct performance The initial performance test must be testing less often? conducted no later than 180 days after (a) You can test less often for a given your final compliance date. Your final pollutant if you have test data for at compliance date is specified in table 1 least three consecutive annual tests, of this subpart. and all performance tests for the pol- MODEL RULE—CONTINUOUS COMPLIANCE lutant over that period show that you REQUIREMENTS comply with the emission limitation. In this case, you do not have to con- § 60.3033 How do I demonstrate conduct a performance test for that pollut- tinuous compliance with the emis- ant for the next 2 years. You must con- sion limitations and the operating limits? duct a performance test during the 3rd year and no more than 36 months fol- (a) You must conduct an annual per- lowing the previous performance test. formance test for all of the pollutants (b) If your OSWI unit continues to in table 2 of this subpart for each OSWI meet the emission limitation for the unit to determine compliance with the emission limitations. The annual per- pollutant, you may choose to conduct formance test must be conducted using performance tests for that pollutant the test methods listed in table 2 of every 3rd year, but each test must be this subpart and the procedures in within 36 months of the previous per- § 60.3027. formance test. (b) You must continuously monitor (c) If a performance test shows a de- carbon monoxide emissions to deter- viation from an emission limitation for mine compliance with the carbon mon- any pollutant, you must conduct an- oxide emissions limitation. Twelve- nual performance tests for that pollut- hour rolling average values are used to ant until three consecutive annual per- determine compliance. A 12-hour roll- formance tests for that pollutant all ing average value above the carbon show compliance. monoxide emission limit in table 2 constitutes a deviation from the emission § 60.3036 May I conduct a repeat per- limitation. formance test to establish new op- (c) You must continuously monitor erating limits? the operating parameters specified in Yes, you may conduct a repeat per- § 60.3023 or established under § 60.3024. formance test at any time to establish Three-hour rolling average values are new values for the operating limits. used to determine compliance with the The Administrator may request a re- operating limits unless a different peat performance test at any time. averaging period is established under § 60.3024. A 3-hour rolling average value

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MODEL RULE—MONITORING systems no more than 12 months after the previous evaluation was conducted. § 60.3038 What continuous emission (b) Evaluate your continuous emis- monitoring systems must I install? sion monitoring systems daily and (a) You must install, calibrate, main- quarterly as specified in appendix F of tain, and operate continuous emission this part. monitoring systems for carbon monoxide and for oxygen. You must mon- § 60.3041 What is the minimum amount itor the oxygen concentration at each of monitoring data I must collect with my continuous emission moni- location where you monitor carbon toring systems, and is the data col- monoxide. lection requirement enforceable? (b) You must install, evaluate, and (a) Where continuous emission moni- operate each continuous emission mon- toring systems are required, obtain 1- itoring system according to the ‘‘Mon- hour arithmetic averages. Make sure itoring Requirements’’ in § 60.13. the averages for carbon monoxide are in parts per million by dry volume at 7 § 60.3039 How do I make sure my continuous emission monitoring sys- percent oxygen. Use the 1-hour aver- tems are operating correctly? ages of oxygen data from your continuous emission monitoring system to (a) Conduct initial, daily, quarterly, determine the actual oxygen level and and annual evaluations of your contin- to calculate emissions at 7 percent oxy- uous emission monitoring systems that gen. measure carbon monoxide and oxygen. (b) Obtain at least two data points (b) Complete your initial evaluation per hour in order to calculate a valid 1- of the continuous emission monitoring hour arithmetic average. Section systems within 180 days after your 60.13(e)(2) requires your continuous final compliance date in table 1 of this emission monitoring systems to com- subpart. plete at least one cycle of operation (c) For initial and annual evalua- (sampling, analyzing, and data record- tions, collect data concurrently (or ing) for each 15-minute period. within 30 to 60 minutes) using your car- (c) Obtain valid 1-hour averages for bon monoxide and oxygen continuous at least 75 percent of the operating emission monitoring systems. To vali- hours per day for at least 90 percent of date carbon monoxide concentration the operating days per calendar quar- levels, use EPA Method 10, 10A, or 10B ter. An operating day is any day the of appendix A of this part. Use EPA unit combusts any municipal or insti- Method 3 or 3A to measure oxygen. Col- tutional solid waste. lect the data during each initial and (d) If you do not obtain the minimum annual evaluation of your continuous data required in paragraphs (a) through emission monitoring systems following (c) of this section, you have deviated the applicable performance specifica- from the data collection requirement tions in appendix B of this part. table regardless of the emission level mon- 4 of this subpart shows the required itored. span values and performance specifica- (e) If you do not obtain the minimum tions that apply to each continuous data required in paragraphs (a) through emission monitoring system. (c) of this section, you must still use (d) Follow the quality assurance pro- all valid data from the continuous cedures in Procedure 1 of appendix F of emission monitoring systems in calcu- this part for each continuous emission lating emission concentrations. monitoring system. The procedures in- (f) If continuous emission monitoring clude daily calibration drift and quar- systems are temporarily unavailable to terly accuracy determinations. meet the data collection requirements, refer to table 4 of this subpart. It shows § 60.3040 What is my schedule for eval- alternate methods for collecting data uating continuous emission moni- when systems malfunction or when re- toring systems? pairs, calibration checks, or zero and (a) Conduct annual evaluations of span checks keep you from collecting your continuous emission monitoring the minimum amount of data.

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§ 60.3042 How do I convert my 1-hour ating hours per day for at least 90 per- arithmetic averages into the appro- cent of the operating days per calendar priate averaging times and units? quarter. An operating day is any day (a) Use Equation 1 in § 60.3076 to cal- the unit combusts any municipal or in- culate emissions at 7 percent oxygen. stitutional solid waste. (b) Use Equation 2 in § 60.3076 to cal- (c) If you do not obtain the minimum culate the 12-hour rolling averages for data required in paragraphs (a) and (b) concentrations of carbon monoxide. of this section, you have deviated from the data collection requirement re- § 60.3043 What operating parameter gardless of the operating parameter monitoring equipment must I in- level monitored. stall, and what operating param- (d) Do not use data recorded during eters must I monitor? monitor malfunctions, associated re- (a) If you are using a wet scrubber to pairs, and required quality assurance comply with the emission limitations or quality control activities for meet- under § 60.3022, you must install, cali- ing the requirements of this subpart, brate (to manufacturers’ specifica- including data averages and calculations), maintain, and operate devices tions. You must use all the data col- (or establish methods) for monitoring lected during all other periods in as- the value of the operating parameters sessing compliance with the operating used to determine compliance with the limits. operating limits listed in table 3 of this subpart. These devices (or methods) MODEL RULE—RECORDKEEPING AND must measure and record the values for REPORTING these operating parameters at the frequencies indicated in table 3 of this § 60.3046 What records must I keep? subpart at all times. You must maintain the 14 items (as (b) You must install, calibrate (to applicable) as specified in paragraphs manufacturers’ specifications), main- (a) through (n) of this section for a pe- tain, and operate a device or method riod of at least 5 years. for measuring the use of any stack that (a) Calendar date of each record. could be used to bypass the control de- (b) Records of the data described in vice. The measurement must include paragraphs (b)(1) through (8) of this the date, time, and duration of the use section. of the bypass stack. (1) The OSWI unit charge dates, (c) If you are using a method or air times, weights, and hourly charge pollution control device other than a rates. wet scrubber to comply with the emis- (2) Liquor flow rate to the wet scrub- sion limitations under § 60.3022, you ber inlet every 15 minutes of operation, must install, calibrate (to the manu- as applicable. facturers’ specifications), maintain, and operate the equipment necessary (3) Pressure drop across the wet to monitor compliance with the site- scrubber system every 15 minutes of specific operating limits established operation or amperage to the wet using the procedures in § 60.3024. scrubber every 15 minutes of operation, as applicable. § 60.3044 Is there a minimum amount (4) Liquor pH as introduced to the of operating parameter monitoring wet scrubber every 15 minutes of oper- data I must obtain? ation, as applicable. (a) Except for monitor malfunctions, (5) For OSWI units that establish op- associated repairs, and required quality erating limits for controls other than assurance or quality control activities wet scrubbers under § 60.3024, you must (including, as applicable, calibration maintain data collected for all oper- checks and required zero and span ad- ating parameters used to determine justments of the monitoring system), compliance with the operating limits. you must conduct all monitoring at all (6) All 1-hour average concentrations times the OSWI unit is operating. of carbon monoxide emissions. (b) You must obtain valid monitoring (7) All 12-hour rolling average values data for at least 75 percent of the oper- of carbon monoxide emissions and all 3-

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hour rolling average values of continu- cluding the date of the initial review ously monitored operating parameters. and all subsequent annual reviews. (8) Records of the dates, times, and (k) Records showing the names of the durations of any bypass of the control OSWI unit operators who have com- device. pleted the operator training require- (c) Identification of calendar dates ments under § 60.3014, met the criteria and times for which continuous emis- for qualification under § 60.3016, and sion monitoring systems or monitoring maintained or renewed their qualifica- systems used to monitor operating lim- tion under § 60.3017 or § 60.3018. Records its were inoperative, inactive, malfunc- must include documentation of train- tioning, or out of control (except for ing, the dates of the initial and re- downtime associated with zero and fresher training, and the dates of their span and other routine calibration qualification and all subsequent renew- checks). Identify the pollutant emis- als of such qualifications. sions or operating parameters not (l) For each qualified operator, the measured, the duration, reasons for not phone and/or pager number at which obtaining the data, and a description of they can be reached during operating corrective actions taken. hours. (d) Identification of calendar dates, (m) Equipment vendor specifications times, and durations of malfunctions, and related operation and maintenance and a description of the malfunction requirements for the incinerator, emis- and the corrective action taken. sion controls, and monitoring equip- (e) Identification of calendar dates ment. and times for which monitoring data (n) The information listed in show a deviation from the carbon mon- § 60.3019(a). oxide emissions limit in table 2 of this subpart or a deviation from the oper- § 60.3047 Where and in what format ating limits in table 3 of this subpart must I keep my records? or a deviation from other operating (a) You must keep each record on site limits established under § 60.3024 with a for at least 2 years. You may keep the description of the deviations, reasons records off site for the remaining 3 for such deviations, and a description years. of corrective actions taken. (b) All records must be available in (f) Calendar dates when continuous either paper copy or computer-readable monitoring systems did not collect the format that can be printed upon re- minimum amount of data required quest, unless an alternative format is under §§ 60.3041 and 60.3044. approved by the Administrator. (g) For carbon monoxide continuous emissions monitoring systems, docu- § 60.3048 What reports must I submit? ment the results of your daily drift See table 5 of this subpart for a sum- tests and quarterly accuracy deter- mary of the reporting requirements. minations according to Procedure 1 of appendix F of this part. § 60.3049 What information must I sub- (h) Records of the calibration of any mit following my initial perform- monitoring devices required under ance test? § 60.3043. You must submit the information (i) The results of the initial, annual, specified in paragraphs (a) through (c) and any subsequent performance tests of this section no later than 60 days conducted to determine compliance following the initial performance test. with the emission limits and/or to es- All reports must be signed by the fa- tablish operating limits, as applicable. cilities manager. Retain a copy of the complete test re- (a) The complete test report for the port including calculations and a de- initial performance test results ob- scription of the types of waste burned tained under § 60.3030, as applicable. during the test. (b) The values for the site-specific op- (j) Records showing the names of erating limits established in § 60.3023 or OSWI unit operators who have com- § 60.3024. pleted review of the information in (c) The waste management plan, as § 60.3019(a) as required by § 60.3019(b), in- specified in §§ 60.3010 through 60.3012.

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§ 60.3050 When must I submit my an- performance test during the reporting nual report? period, you must state that you met You must submit an annual report no the requirements of § 60.3035(a) or (b), later than 12 months following the sub- and, therefore, you were not required mission of the information in § 60.3049. to conduct a performance test during You must submit subsequent reports the reporting period. no more than 12 months following the (j) Documentation of periods when all previous report. qualified OSWI unit operators were unavailable for more than 12 hours, but § 60.3051 What information must I in- less than 2 weeks. clude in my annual report? The annual report required under § 60.3052 What else must I report if I § 60.3050 must include the ten items have a deviation from the operating listed in paragraphs (a) through (j) of limits or the emission limitations? this section. If you have a deviation (a) You must submit a deviation re- from the operating limits or the emis- port if any recorded 3-hour average pa- sion limitations, you must also submit rameter level is above the maximum deviation reports as specified in operating limit or below the minimum §§ 60.3052 through 60.3054. operating limit established under this (a) Company name and address. subpart, if any recorded 12-hour aver- (b) Statement by the owner or oper- age carbon monoxide emission rate is ator, with their name, title, and signa- above the emission limitation, if the ture, certifying the truth, accuracy, control device was bypassed, or if a and completeness of the report. Such performance test was conducted that certifications must also comply with showed a deviation from any emission the requirements of 40 CFR 70.5(d) or 40 limitation. CFR 71.5(d). (b) The deviation report must be sub- (c) Date of report and beginning and mitted by August 1 of that year for ending dates of the reporting period. data collected during the first half of (d) The values for the operating lim- the calendar year (January 1 to June its established pursuant to § 60.3023 or 30), and by February 1 of the following § 60.3024. year for data you collected during the (e) If no deviation from any emission second half of the calendar year (July 1 limitation or operating limit that ap- to December 31). plies to you has been reported, a statement that there was no deviation from § 60.3053 What must I include in the the emission limitations or operating deviation report? limits during the reporting period, and that no monitoring system used to de- In each report required under termine compliance with the emission § 60.3052, for any pollutant or operating limitations or operating limits was in- parameter that deviated from the operative, inactive, malfunctioning or emission limitations or operating lim- out of control. its specified in this subpart, include (f) The highest recorded 12-hour aver- the seven items described in para- age and the lowest recorded 12-hour av- graphs (a) through (g) of this section. erage, as applicable, for carbon mon- (a) The calendar dates and times oxide emissions and the highest re- your unit deviated from the emission corded 3-hour average and the lowest limitations or operating limit require- recorded 3-hour average, as applicable, ments. for each operating parameter recorded (b) The averaged and recorded data for the calendar year being reported. for those dates. (g) Information recorded under (c) Durations and causes of each devi- § 60.3046(b)(6) and (c) through (e) for the ation from the emission limitations or calendar year being reported. operating limits and your corrective (h) If a performance test was con- actions. ducted during the reporting period, the (d) A copy of the operating limit results of that test. monitoring data during each deviation (i) If you met the requirements of and any test report that documents the § 60.3035(a) or (b), and did not conduct a emission levels.

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(e) The dates, times, number, dura- § 60.3056 In what form can I submit tion, and causes for monitor downtime my reports? incidents (other than downtime associ- Submit initial, annual, and deviation ated with zero, span, and other routine reports electronically or in paper for- calibration checks). mat, postmarked on or before the sub- (f) Whether each deviation occurred mittal due dates. during a period of startup, shutdown, or malfunction, or during another pe- § 60.3057 Can reporting dates be riod. changed? (g) The dates, times, and durations of If the Administrator agrees, you may any bypass of the control device. change the semiannual or annual reporting dates. See § 60.19(c) for proce- § 60.3054 What else must I report if I dures to seek approval to change your have a deviation from the require- reporting date. ment to have a qualified operator accessible? MODEL RULE—TITLE V OPERATING PERMITS (a) If all qualified operators are not accessible for 2 weeks or more, you § 60.3059 Am I required to apply for must take the two actions in para- and obtain a title V operating per- graphs (a)(1) and (2) of this section. mit for my unit? (1) Submit a notification of the devi- Yes, if you are subject to an applica- ation within 10 days that includes the ble EPA-approved and effective Clean three items in paragraphs (a)(1)(i) Air Act section 111(d)/129 State or Trib- through (iii) of this section. al plan or an applicable and effective (i) A statement of what caused the Federal plan, you are required to apply deviation. for and obtain a title V operating per- (ii) A description of what you are mit unless you meet the relevant re- doing to ensure that a qualified oper- quirements for an exemption specified ator is accessible. in § 60.2993. (iii) The date when you anticipate § 60.3060 When must I submit a title V that a qualified operator will be avail- permit application for my existing able. unit? (2) Submit a status report to EPA (a)(1) If your existing unit is not sub- every 4 weeks that includes the three ject to an earlier permit application items in paragraphs (a)(2)(i) through deadline, a complete title V permit ap- (iii) of this section. plication must be submitted on or be- (i) A description of what you are fore the earlier of the dates specified in doing to ensure that a qualified oper- paragraphs (a)(1)(i) through (iii) of this ator is accessible. section. (See sections 129(e), 503(c), (ii) The date when you anticipate 503(d), and 502(a) of the Clean Air Act that a qualified operator will be acces- and 40 CFR 70.5(a)(1)(i) and 40 CFR sible. 71.5(a)(1)(i).) (iii) Request approval from EPA to (i) 12 months after the effective date continue operation of the OSWI unit. of any applicable EPA-approved Clean (b) If your unit was shut down by Air Act section 111(d)/129 State or Trib- EPA, under the provisions of al plan. § 60.3020(c)(2), due to a failure to pro- (ii) 12 months after the effective date vide an accessible qualified operator, of any applicable Federal plan. you must notify EPA that you are re- (iii) December 16, 2008. (2) For any existing unit not subject suming operation once a qualified oper- to an earlier permit application dead- ator is accessible. line, the application deadline of 36 months after the promulgation of 40 § 60.3055 Are there any other notifications or reports that I must submit? CFR part 60, subpart FFFF, applies regardless of whether or when any appli- Yes, you must submit notifications cable Federal plan is effective, or as provided by § 60.7. whether or when any applicable Clean

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Air Act section 111(d)/129 State or Trib- ified in paragraphs (a) through (c) of al plan is approved by EPA and be- this section. comes effective. (a) If the incinerator or air curtain (b) If your existing unit is subject to incinerator is used during a period that title V as a result of some triggering begins on the date the unit started op- requirement(s) other than those speci- eration and lasts 8 weeks or less within fied in paragraph (a) of this section (for the boundaries of the same emergency example, a unit may be a major source or disaster declaration area, then it is or part of a major source), then your excluded from the requirements of this unit may be required to apply for a subpart. You do not need to notify the title V permit prior to the deadlines Administrator of its use or meet the specified in paragraph (a). If more than emission limitations or other require- one requirement triggers a source’s ob- ments of this subpart. ligation to apply for a title V permit, (b) If the incinerator or air curtain the 12-month timeframe for filing a incinerator will be used during a period title V permit application is triggered that begins on the date the unit started by the requirement which first causes operation and lasts more than 8 weeks the source to be subject to title V. (See within the boundaries of the same section 503(c) of the Clean Air Act and emergency or disaster declaration 40 CFR 70.3(a) and (b), 40 CFR area, you must notify the Adminis- 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and trator that the temporary-use inciner- 40 CFR 71.5(a)(1)(i).) ator or air curtain incinerator will be (c) A ‘‘complete’’ title V permit ap- used for more than 8 weeks and request plication is one that has been deter- permission to continue to operate the mined or deemed complete by the rel- unit as specified in paragraphs (b)(1) evant permitting authority under sec- and (2) of this section. tion 503(d) of the Clean Air Act and 40 (1) The notification must be sub- CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You mitted in writing by the date 8 weeks must submit a complete permit appli- after you start operation of the tem- cation by the relevant application porary-use incinerator or air curtain deadline in order to operate after this incinerator within the boundaries of date in compliance with Federal law. the current emergency or disaster dec- (See sections 503(d) and 502(a) of the laration area. Clean Air Act and 40 CFR 70.7(b) and 40 (2) The notification must contain the CFR 71.7(b).) date the incinerator or air curtain in- MODEL RULE—TEMPORARY-USE INCINER- cinerator started operation within the ATORS AND AIR CURTAIN INCINERATORS boundaries of the current emergency or USED IN DISASTER RECOVERY disaster declaration area, identification of the disaster or emergency for § 60.3061 What are the requirements which the incinerator or air curtain infor temporary-use incinerators and cinerator is being used, a description of air curtain incinerators used in dis- the types of materials being burned in aster recovery? the incinerator or air curtain inciner- Your incinerator or air curtain incin- ator, a brief description of the size and erator is excluded from the require- design of the unit (for example, an air ments of this subpart if it is used on a curtain incinerator or a modular temporary basis to combust debris starved-air incinerator), the reasons from a disaster or emergency such as a the incinerator or air curtain inciner- tornado, hurricane, flood, ice storm, ator must be operated for more than 8 high winds, or act of bioterrorism. To weeks, and the amount of time for qualify for this exclusion, the inciner- which you request permission to operator or air curtain incinerator must be ate including the date you expect to used to combust debris in an area de- cease operation of the unit. clared a State of Emergency by a local (c) If you submitted the notification or State government, or the President, containing the information in para- under the authority of the Stafford graph (b)(2) by the date specified in Act, has declared that an emergency or paragraph (b)(1), you may continue to a major disaster exists in the area, and operate the incinerator or air curtain you must follow the requirements spec- incinerator for another 8 weeks, which

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is a total of 16 weeks from the date the § 60.3063 When must I comply if my air unit started operation within the curtain incinerator burns only boundaries of the current emergency or wood waste, clean lumber, and yard disaster declaration area. You do not waste? have to meet the emission limitations Table 1 of this subpart specifies the or other requirements of this subpart final compliance date. You must sub- during this period. mit a notification to the Administrator (1) At the end of 16 weeks from the postmarked within 10 business days date the incinerator or air curtain in- after the final compliance date in table cinerator started operation within the 1 of this subpart. boundaries of the current emergency or disaster declaration area, you must § 60.3064 What must I do if I close my cease operation of the unit or comply air curtain incinerator that burns with all requirements of this subpart, only wood waste, clean lumber, and unless the Administrator has approved yard waste and then restart it? in writing your request to continue op- (a) If you close your incinerator but eration. will reopen it prior to the final compli- (2) If the Administrator has approved ance date in your State plan, you must in writing your request to continue op- meet the final compliance date speci- eration, then you may continue to op- fied in table 1 of this subpart. erate the incinerator or air curtain in- (b) If you close your incinerator but cinerator within the boundaries of the will restart it after your final compli- current emergency or disaster declara- ance date, you must meet the emission tion area until the date specified in the limitations on the date your inciner- approval, and you do not need to com- ator restarts operation. ply with any other requirements of this subpart during the approved time pe- § 60.3065 What must I do if I plan to riod. permanently close my air curtain incinerator that burns only wood MODEL RULE—AIR CURTAIN INCINER- waste, clean lumber, and yard ATORS THAT BURN ONLY WOOD WASTE, waste and not restart it? CLEAN LUMBER, AND YARD WASTE You must close the unit before the final compliance date specified in table § 60.3062 What is an air curtain incin- 1 of this subpart. erator? (a) An air curtain incinerator oper- § 60.3066 What are the emission limita- ates by forcefully projecting a curtain tions for air curtain incinerators of air across an open, integrated com- that burn only wood waste, clean bustion chamber (fire box) or open pit lumber, and yard waste? or trench (trench burner) in which (a) Within 180 days after your final combustion occurs. For the purpose of compliance date in table 1 of this sub- this subpart and subpart EEEE of this part, you must meet the two limita- part only, air curtain incinerators in- tions specified in paragraphs (a)(1) and clude both firebox and trench burner (2) of this section. units. (1) The opacity limitation is 10 per- (b) Air curtain incinerators that burn cent (6-minute average), except as de- only the materials listed in paragraphs scribed in paragraph (a)(2) of this sec- (b)(1) through (4) of this section are re- tion. quired to meet only the requirements (2) The opacity limitation is 35 per- in §§ 60.3062 through 60.3069 and are ex- cent (6-minute average) during the empt from all other requirements of startup period that is within the first this subpart. 30 minutes of operation. (1) 100 percent wood waste. (b) The limitations in paragraph (a) (2) 100 percent clean lumber. of this section apply at all times except (3) 100 percent yard waste. during malfunctions. (4) 100 percent mixture of only wood waste, clean lumber, and/or yard waste.

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§ 60.3067 How must I monitor opacity § 60.3069 Am I required to apply for for air curtain incinerators that and obtain a title V operating per- burn only wood waste, clean lum- mit for my air curtain incinerator ber, and yard waste? that burns only wood waste, clean lumber, and yard waste? (a) Use Method 9 of appendix A of this part to determine compliance with Yes, if your air curtain incinerator is the opacity limitation. subject to this subpart, you are re- (b) Conduct an initial test for opacity quired to apply for and obtain a title V operating permit as specified in as specified in § 60.8 within 180 days §§ 60.3059 and 60.3060. after the final compliance date in table 1 of this subpart. MODEL RULE—EQUATIONS (c) After the initial test for opacity, conduct annual tests no more than 12 § 60.3076 What equations must I use? months following the date of your pre- (a) Percent oxygen. Adjust all pollut- vious test. ant concentrations to 7 percent oxygen (d) If the air curtain incinerator has using Equation 1 of this section. been out of operation for more than 12 months following the date of your pre- =∗() −()− CCadj meas 20. 9 7 / 20 . 9 % O2 ( Eq . 1) vious test, then you must conduct a Where: test for opacity upon startup of the unit. Cadj = pollutant concentration adjusted to 7 percent oxygen § 60.3068 What are the recordkeeping Cmeas = pollutant concentration measured on and reporting requirements for air a dry basis curtain incinerators that burn only (20.9–7) = 20.9 percent oxygen–7 percent oxygen (defined oxygen correction basis) wood waste, clean lumber, and yard waste? 20.9 = oxygen concentration in air, percent %O2 = oxygen concentration measured on a (a) Keep records of results of all ini- dry basis, percent tial and annual opacity tests in either (b) Capacity of a very small municipal paper copy or computer-readable for- waste combustion unit. For very small mat that can be printed upon request, municipal waste combustion units that unless the Administrator approves an- can operate continuously for 24-hour other format, for at least 5 years. You periods, calculate the unit capacity must keep each record on site for at based on 24 hours of operation at the least 2 years. You may keep the maximum charge rate. To determine records off site for the remaining 3 the maximum charge rate, use one of years. two methods: (b) Make all records available for (1) For very small municipal waste submittal to the Administrator or for combustion units with a design based an inspector’s review. on heat input capacity, calculate the (c) You must submit the results (each maximum charging rate based on the 6-minute average) of the initial opacity maximum heat input capacity and one tests no later than 60 days following of two heating values: the initial test. Submit annual opacity (i) If your very small municipal test results within 12 months following waste combustion unit combusts the previous report. refuse-derived fuel, use a heating value (d) Submit initial and annual opacity of 12,800 kilojoules per kilogram (5,500 test reports as electronic or paper copy British thermal units per pound). on or before the applicable submittal (ii) If your very small municipal date. waste combustion unit combusts municipal solid waste, use a heating value (e) Keep a copy of the initial and an- of 10,500 kilojoules per kilogram (4,500 nual reports for a period of 5 years. British thermal units per pound). You must keep each report on site for (2) For very small municipal waste at least 2 years. You may keep the re- combustion units with a design not ports off site for the remaining 3 years. based on heat input capacity, use the maximum design charging rate.

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(c) Capacity of a batch very small mu- the authority has been delegated by nicipal waste combustion unit. Calculate the Administrator of the EPA to per- the capacity of a batch OSWI unit as form the specified task. the maximum design amount of munic- Air curtain incinerator means an in- ipal solid waste it can charge per batch cineration unit operating by forcefully multiplied by the maximum number of projecting a curtain of air across an batches it can process in 24 hours. Cal- open, integrated combustion chamber culate the maximum number of (fire box) or open pit or trench (trench batches by dividing 24 by the number of burner) in which combustion occurs. hours needed to process one batch. Re- For the purpose of this subpart and tain fractional batches in the calcula- subpart EEEE only, air curtain incin- tion. For example, if one batch requires erators include both firebox and trench 16 hours, the OSWI unit can combust burner units. 24/16, or 1.5 batches, in 24 hours. (d) Carbon monoxide pollutant rate. Auxiliary fuel means natural gas, When hourly average pollutant rates liquified petroleum gas, fuel oil, or diesel fuel. (Eh) are obtained (e.g., CEMS values), compute the rolling average carbon Batch OSWI unit means an OSWI unit that is designed such that neither monoxide pollutant rate (Ea) for each 12-hour period using the following waste charging nor ash removal can equation: occur during combustion. Calendar quarter means three con- 12 secutive months (nonoverlapping) be- = 1 EEEqahj∑ ( . 2) ginning on: January 1, April 1, July 1, 12 j=1 or October 1. Where: Calendar year means 365 consecutive

Ea = Average carbon monoxide pollutant rate days starting on January 1 and ending for the 12-hour period, ppm corrected to on December 31. 7 percent O2. Chemotherapeutic waste means waste Ehj = Hourly arithmetic average pollutant material resulting from the production rate for hour ‘‘j,’’ ppm corrected to 7 percent O . or use of anti-neoplastic agents used 2 for the purpose of stopping or reversing MODEL RULE—DEFINITIONS the growth of malignant cells. Class II municipal solid waste landfill § 60.3078 What definitions must I means a landfill that meets four cri- know? teria: Terms used but not defined in this (1) Accepts, for incineration or dis- subpart are defined in the Clean Air posal, less than 20 tons per day of mu- Act and subpart A (General Provisions) nicipal solid waste or other solid of this part. wastes based on an annual average; Administrator means: (2) Is located on a site where there is (1) For approved and effective State no evidence of groundwater pollution section 111(d)/129 plans, the Director of caused or contributed to by the land- the State air pollution control agency, fill; or his or her delegatee; (2) For Federal section 111(d)/129 (3) Is not connected by road to a plans, the Administrator of the EPA, Class I municipal solid waste landfill, an employee of the EPA, the Director as defined by Alaska regulatory code 18 of the State air pollution control agen- AAC 60.300(c) or, if connected by road, cy, or employee of the State air pollu- is located more than 50 miles from a tion control agency to whom the au- Class I municipal solid waste landfill; thority has been delegated by the Ad- and ministrator of the EPA to perform the (4) Serves a community that meets specified task; and one of two criteria: (3) For NSPS, the Administrator of (i) Experiences for at least three the EPA, an employee of the EPA, the months each year, an interruption in Director of the State air pollution con- access to surface transportation, pre- trol agency, or employee of the State venting access to a Class I municipal air pollution control agency to whom solid waste landfill; or

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(ii) Has no practicable waste manage- Continuous OSWI unit means an OSWI ment alternative, with a landfill lo- unit that is designed to allow waste cated in an area that annually receives charging and ash removal during com- 25 inches or less of precipitation. bustion. Class III municipal solid waste landfill Deviation means any instance in is a landfill that is not connected by which a unit that meets the require- road to a Class I municipal solid waste ments in § 60.2991, or an owner or oper- landfill, as defined by Alaska regu- ator of such a source: latory code 18 AAC 60.300(c) or, if con- (1) Fails to meet any requirement or nected by road, is located more than 50 obligation established by this subpart, miles from a Class I municipal solid including but not limited to any emis- waste landfill, and that accepts, for sion limitation, operating limit, or op- disposal, either of the following two erator qualification and accessibility criteria: requirements; (1) Ash from incinerated municipal (2) Fails to meet any term or condi- waste in quantities less than one ton tion that is adopted to implement an per day on an annual average, which applicable requirement in this subpart ash must be free of food scraps that and that is included in the operating might attract animals; or permit for any unit that meets require- (2) Less than five tons per day of mu- ments in § 60.2991 and is required to obtain such a permit; or nicipal solid waste, based on an annual (3) Fails to meet any emission limi- average, and is not located in a place tation, operating limit, or operator that meets either of the following cri- qualification and accessibility require- teria: ment in this subpart during startup, (i) Where public access is restricted, shutdown, or malfunction, regardless including restrictions on the right to of whether or not such failure is al- move to the place and reside there; or lowed by this subpart. (ii) That is provided by an employer Dioxins/furans means tetra-through and that is populated totally by per- octachlorinated dibenzo-p-dioxins and sons who are required to reside there as dibenzofurans. a condition of employment and who do Energy recovery means the process of not consider the place to be their per- recovering thermal energy from com- manent residence. bustion for useful purposes such as Clean lumber means wood or wood steam generation or process heating. products that have been cut or shaped EPA means the Administrator of the and include wet, air-dried, and kiln- EPA or employee of the EPA that is dried wood products. Clean lumber does delegated the authority to perform the not include wood products that have specified task. been painted, pigment-stained, or pres- Institutional facility means a land- sure-treated by compounds such as based facility owned and/or operated by chromate copper arsenate, an organization having a govern- pentachlorophenol, and creosote, or mental, educational, civic, or religious manufactured wood products that con- purpose such as a school, hospital, pris- tain adhesives or resins (e.g., plywood, on, military installation, church, or particle board, flake board, and ori- other similar establishment or facility. ented strand board). Institutional waste means solid waste Collected from means the transfer of (as defined in this subpart) that is com- material from the site at which the busted at any institutional facility material is generated to a separate site using controlled flame combustion in where the material is burned. an enclosed, distinct operating unit: Contained gaseous material means Whose design does not provide for en- gases that are in a container when that ergy recovery (as defined in this sub- container is combusted. part); operated without energy recov- Continuous emission monitoring system ery (as defined in this subpart); or op- or CEMS means a monitoring system erated with only waste heat recovery for continuously measuring and record- (as defined in this subpart). Institu- ing the emissions of a pollutant from tional waste also means solid waste (as an OSWI unit. defined in this subpart) combusted on

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site in an air curtain incinerator that current costs (current dollars). For an is a distinct operating unit of any in- OSWI unit, to determine what systems stitutional facility. are within the boundary of the unit Institutional waste incineration unit used to calculate these costs, see the means any combustion unit that com- definition of OSWI unit. busts institutional waste (as defined in (2) Any physical change in the OSWI this subpart) and is a distinct oper- unit or change in the method of operating unit of the institutional facility ating it that increases the amount of that generated the waste. Institutional any air pollutant emitted for which waste incineration units include field- section 129 or section 111 of the Clean erected, modular, cyclonic burn barrel, Air Act has established standards. and custom built incineration units op- Municipal solid waste means refuse erating with starved or excess air, and (and refuse-derived fuel) collected from any air curtain incinerator that is a the general public and from residen- distinct operating unit of the institu- tial, commercial, institutional, and in- tional facility that generated the insti- dustrial sources consisting of paper, tutional waste (except those air cur- wood, yard wastes, food wastes, plas- tain incinerators listed in § 60.2994(b)). tics, leather, rubber, and other combus- Intermittent OSWI unit means an tible materials and non-combustible OSWI unit that is designed to allow materials such as metal, glass and waste charging, but not ash removal, rock, provided that: (1) The term does during combustion. not include industrial process wastes Low-level radioactive waste means or medical wastes that are segregated waste material that contains radio- from such other wastes; and (2) an inactive nuclides emitting primarily beta cineration unit shall not be considered or gamma radiation, or both, in con- to be combusting municipal solid waste centrations or quantities that exceed for purposes of this subpart if it com- applicable Federal or State standards busts a fuel feed stream, 30 percent or for unrestricted release. Low-level ra- less of the weight of which is com- dioactive waste is not high-level radio- prised, in aggregate, of municipal solid active waste, spent nuclear fuel, or by- waste, as determined by § 60.2993(b). product material as defined by the Municipal waste combustion unit Atomic Energy Act of 1954 (42 U.S.C. means, for the purpose of this subpart 2014(e)(2)). and subpart EEEE, any setting or Malfunction means any sudden, infre- equipment that combusts municipal quent, and not reasonably preventable solid waste (as defined in this subpart) failure of air pollution control equip- including, but not limited to, field- ment, process equipment, or a process erected, modular, cyclonic burn barrel, to operate in a normal or usual man- and custom built incineration units ner. Failures that are caused, in part, (with or without energy recovery) oper- by poor maintenance or careless operating with starved or excess air, boil- ation are not malfunctions. ers, furnaces, pyrolysis/combustion Metropolitan Statistical Area means units, and air curtain incinerators (ex- any areas listed as metropolitan statis- cept those air curtain incinerators list- tical areas in OMB Bulletin No. 05–02 ed in § 60.2994(b)). entitled ‘‘Update of Statistical Area Other solid waste incineration (OSWI) Definitions and Guidance on Their unit means either a very small munic- Uses’’ dated February 22, 2005 (avail- ipal waste combustion unit or an insti- able on the Web at http:// tutional waste incineration unit, as de- www.whitehouse.gov/omb/bulletins/). fined in this subpart. Unit types listed Modification or modified unit means an in § 60.2993 as being excluded from the incineration unit you have changed on subpart are not OSWI units subject to or after June 16, 2006 and that meets this subpart. While not all OSWI units one of two criteria: will include all of the following compo- (1) The cumulative cost of the nents, an OSWI unit includes, but is changes over the life of the unit ex- not limited to, the municipal or insti- ceeds 50 percent of the original cost of tutional solid waste feed system, grate building and installing the unit (not in- system, flue gas system, waste heat re- cluding the cost of land) updated to covery equipment, if any, and bottom

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ash system. The OSWI unit does not in- OSWI, shutdown shall commence no clude air pollution control equipment less than 4 hours after the last charge or the stack. The OSWI unit boundary to the incinerator. For batch OSWI, starts at the municipal or institutional shutdown shall commence no less than waste hopper (if applicable) and ex- 5 hours after the high-air phase of com- tends through two areas: bustion has been completed. (1) The combustion unit flue gas sys- Solid waste means any garbage, tem, which ends immediately after the refuse, sludge from a waste treatment last combustion chamber or after the plant, water supply treatment plant, or waste heat recovery equipment, if any; air pollution control facility and other and discarded material, including solid, liq- (2) The combustion unit bottom ash uid, semisolid, or contained gaseous system, which ends at the truck load- material resulting from industrial, ing station or similar equipment that commercial, mining, agricultural oper- transfers the ash to final disposal. The ations, and from community activities, OSWI unit includes all ash handling but does not include solid or dissolved systems connected to the bottom ash material in domestic sewage, or solid handling system. or dissolved materials in irrigation re- Particulate matter means total partic- turn flows or industrial discharges that ulate matter emitted from OSWI units are point sources subject to permits as measured by Method 5 or Method 29 under section 402 of the Federal Water of appendix A of this part. Pollution Control Act, as amended (33 Pathological waste means waste mate- U.S.C. 1342), or source, special nuclear, rial consisting of only human or ani- or byproduct material as defined by the mal remains, anatomical parts, and/or Atomic Energy Act of 1954, as amended tissue, the bags/containers used to col- (42 U.S.C. 2014). lect and transport the waste material, Standard conditions, when referring to and animal bedding (if applicable). units of measure, means a temperature Reconstruction means rebuilding an of 68 °F (20 °C) and a pressure of 1 at- incineration unit and meeting two cri- mosphere (101.3 kilopascals). teria: Startup period means the period of (1) The reconstruction begins on or time between the activation of the sys- after June 16, 2006. tem and the first charge to the OSWI (2) The cumulative cost of the con- unit. For batch OSWI, startup means struction over the life of the inciner- the period of time between activation ation unit exceeds 50 percent of the of the system and ignition of the original cost of building and installing waste. the unit (not including land) updated Very small municipal waste combustion to current costs (current dollars). For unit means any municipal waste com- an OSWI unit, to determine what sys- bustion unit that has the capacity to tems are within the boundary of the combust less than 35 tons per day of unit used to calculate these costs, see municipal solid waste or refuse-derived the definition of OSWI unit. fuel, as determined by the calculations Refuse-derived fuel means a type of in § 60.3076. municipal solid waste produced by Waste heat recovery means the process processing municipal solid waste of recovering heat from the combustion through shredding and size classifica- flue gases outside of the combustion tion. This includes all classes of refuse- firebox by convective heat transfer derived fuel including two fuels: only. (1) Low-density fluff refuse-derived Wet scrubber means an add-on air pol- fuel through densified refuse-derived lution control device that utilizes an fuel. aqueous or alkaline scrubbing liquor to (2) Pelletized refuse-derived fuel. collect particulate matter (including Shutdown means the period of time nonvaporous metals and condensed after all waste has been combusted in organics) and/or to absorb and neu- the primary chamber. For continuous tralize acid gases. OSWI, shutdown shall commence no Wood waste means untreated wood less than 2 hours after the last charge and untreated wood products, including to the incinerator. For intermittent tree stumps (whole or chipped), trees,

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tree limbs (whole or chipped), bark, chromate copper arsenate, sawdust, chips, scraps, slabs, millings, pentachlorophenol, and creosote, or and shavings. Wood waste does not in- manufactured wood products that con- clude: tain adhesives or resins (e.g., plywood, (1) Grass, grass clippings, bushes, particle board, flake board, and ori- shrubs, and clippings from bushes and ented strand board). shrubs from residential, commercial/re- Yard waste means grass, grass clip- tail, institutional, or industrial sources pings, bushes, shrubs, and clippings as part of maintaining yards or other from bushes and shrubs. Yard waste private or public lands. comes from residential, commercial/re- (2) Construction, renovation, or dem- tail, institutional, or industrial sources olition wastes. as part of maintaining yards or other (3) Clean lumber. private or public lands. Yard waste (4) Treated wood and treated wood does not include two items: products, including wood products that (1) Construction, renovation, and have been painted, pigment-stained, or demolition wastes. pressure treated by compounds such as (2) Clean lumber.

TABLE 1 TO SUBPART FFFF OF PART 60—MODEL RULE—COMPLIANCE SCHEDULE As stated in § 60.3000, you must comply with the following:

b Complete this action By this date a Final compliance means that you complete all process changes and retrofit of control devices so that, when the incineration unit is brought on line, all process changes and air Final compliance b ...... (Dates to be specified in pollution control devices necessary to meet the emission limi- State plan) c. tations operate as designed. c The date can be no later than 3 years after the effective a Site-specific schedules can be used at the discretion of date of State plan approval or December 16, 2010, whichever the State. is earlier.

TABLE 2 TO SUBPART FFFF OF PART 60—MODEL RULE—EMISSION LIMITATIONS

As stated in § 60.3022, you must comply with the following:

For the air pollutant You must meet this Using this averaging time And determining compliance using this emission limitationa method

1. Cadmium ...... 18 micrograms per 3-run average (1 hour minimum sample Method 29 of appendix A of this part. dry standard time per run). cubic meter. 2. Carbon monoxide 40 parts per million 3-run average (1 hour minimum sample Method 10, 10A, or 10B of appendix A by dry volume. time per run during performance test), of this part and CEMS. and 12-hour rolling averages measured using CEMS b. 3. Dioxins/furans 33 nanograms per 3-run average (1 hour minimum sample Method 23 of appendix A of this part. (total basis). dry standard time per run). cubic meter. 4. Hydrogen chloride 15 parts per million 3-run average (1 hour minimum sample Method 26A of appendix A of this part. by dry volume. time per run). 5. Lead ...... 226 micrograms per 3-run average (1 hour minimum sample Method 29 of appendix A of this part. dry standard time per run). cubic meter. 6. Mercury ...... 74 micrograms per 3-run average (1 hour minimum sample Method 29 of appendix A of this part. dry standard time per run). cubic meter. 7. Opacity ...... 10 percent ...... 6-minute average (observe over three Method 9 of appendix A of this part. 1-hour test runs; i.e., thirty 6-minute averages). 8. Oxides of nitrogen 103 parts per mil- 3-run average (1 hour minimum sample Method 7, 7A, 7C, 7D, or 7E of appen- lion by dry vol- time per run). dix A of this part, or ANSI/ASME PTC ume. 19.10–1981 (IBR, see § 60.17(h)) in lieu of Methods 7 and 7C only. 9. Particulate matter 0.013 grains per dry 3-run average (1 hour minimum sample Method 5 or 29 of appendix A of this standard cubic time per run). part. foot.

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For the air pollutant You must meet this Using this averaging time And determining compliance using this emission limitationa method

10. Sulfur dioxide .... 3.1 parts per million 3-run average (1 hour minimum sample Method 6 or 6C of appendix A of this by dry volume. time per run). part, or ANSI/ASME PTC 19.10–1981 (IBR, see § 60.17(h)) in lieu of Meth- od 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 3 TO SUBPART FFFF OF PART 60—MODEL RULE—OPERATING LIMITS FOR INCINERATORS AND WET SCRUBBERS

As stated in § 60.3023, you must comply with the following:

For these operating pa- You must establish op- And monitoring using these minimum frequencies rameters erating limits Data measurement Data recording Averaging time

1. Charge rate ...... Maximum charge rate .. Continuous ...... Every hour ...... Daily for batch units. 3- hour rolling for continuous and intermittent units. a 2. Pressure drop Minimum pressure drop Continuous ...... Every 15 minutes ...... 3-hour rolling. a across the wet scrub- or amperage. ber or amperage to wet scrubber. 3. Scrubber liquor flow Minimum flow rate ...... Continuous ...... Every 15 minutes ...... 3-hour rolling. a rate. 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 4 TO SUBPART FFFF OF PART 60—MODEL RULE—REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS)

As stated in § 60.3039, you must comply with the following:

If needed to meet minimum Use the following perform- data requirements, use the For the following pollutants Use the following span values ance specifications (P.S.) in following alternate methods in for your CEMS appendix B of this part for appendix A of this part to col- your CEMS lect data

TABLE 5 TO SUBPART FFFF OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS

As stated in § 60.3048, you must comply with the following:

Report Due date Contents Reference

1. Initial test report ...... a. No later than 60 days fol- i. Complete test report for the § 60.3049. lowing the initial perform- initial performance test; and. ance test ii. The values for the site-spe- § 60.3049. cific operating limits. 2. Waste management plan .... a. No later than 60 days fol- i. Reduction or separation of §§ 60.3010 through 60.3012. lowing the initial perform- recyclable materials; and. ance test ii. Identification of additional §§ 60.3010 through 60.3012. waste management measures and how they will be implemented.

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Report Due date Contents Reference

3. Annual Report ...... a. No later than 12 months i. Company Name and ad- §§ 60.3050 and 60.3051. following the submission of dress;. the initial test report. Sub- sequent reports are to be submitted no more than 12 months following the previous report ii. Statement and signature by §§ 60.3050 and 60.3051. the owner or operator;. iii. Date of report; ...... §§ 60.3050 and 60.3051. iv. Values for the operation §§ 60.3050 and 60.3051. limits;. v. If no deviations or malfunc- §§ 60.3050 and 60.3051. tions were reported, a statement that no deviations occurred during the reporting period;. vi. Highest and lowest re- §§ 60.3050 and 60.3051. corded 12-hour averages, as applicable, for carbon monoxide emissions and highest and lowest recorded 3-hour averages, as applicable, for each operating parameter recorded for the calendar year being reported;. vii. Information for deviations §§ 60.3050 and 60.3051. or malfunctions recorded under § 60.2949(b)(6) and (c) through (e);. viii. If a performance test was §§ 60.3050 and 60.3051. conducted during the reporting period, the results of the test;. ix. If a performance test was §§ 60.3050 and 60.3051. not conducted during the reporting period, a statement that the requirements of § 60.2934(a) or (b) were met; and. x. Documentation of periods §§ 60.3050 and 60.3051. when all qualified OSWI unit operators were unavailable for more than 12 hours but less than 2 weeks. 4. Emission limitation or oper- a. By August 1 of that year i. Dates and times of devi- §§ 60.3052 and 60.3053. ating limit deviation report. for data collected during the ation;. first half of the calendar year. By February 1 of the following year for data collected during the second half of the calendar year ii. Averaged and recorded §§ 60.3052 and 60.3053. data for those dates;. iii. Duration and causes of §§ 60.3052 and 60.3053. each deviation and the corrective actions taken.. iv. Copy of operating limit §§ 60.3052 and 60.3053. monitoring data and any test reports;. v. Dates, times, and causes §§ 60.3052 and 60.3053. for monitor downtime incidents;. vi. Whether each deviation §§ 60.3052 and 60.3053. occurred during a period of startup, shutdown, or malfunction; and. vii. Dates, times, and duration §§ 60.3052 and 60.3053. of any bypass of the control device. 5. Qualified operator deviation a. Within 10 days of deviation i. Statement of cause of devi- § 60.3054(a)(1). notification. ation;.

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Report Due date Contents Reference

ii. Description of efforts to § 60.3054(a)(1). have an accessible qualified operator; and. iii. The date a qualified oper- § 60.3054(a)(1). ator will be accessible. 6. Qualified operation deviation a. Every 4 weeks following i. Description of efforts to § 60.3054(a)(2). status report. deviation have an accessible qualified operator;. ii. The date a qualified oper- § 60.3054(a)(2). ator will be accessible; and. iii. Request to continue oper- § 60.3054(a)(2). ation. 7. Qualified operator deviation a. Prior to resuming operation i. Notification that you are re- § 60.3054(b). notification of resumed oper- suming operation. ation. Note: This table is only a summary, see the referenced sections of the rule for the complete requirements.

[70 FR 74907, Dec. 16, 2005, as amended at 71 FR 67806, Nov. 24, 2006]

Subparts GGGG–HHHH [Reserved] (NFPA) fire pump engine after July 1, 2006. Subpart IIII—Standards of Perform- (3) Owners and operators of any stationary CI ICE that are modified or re- ance for Stationary Compres- constructed after July 11, 2005 and any sion Ignition Internal Combus- person that modifies or reconstructs tion Engines any stationary CI ICE after July 11, 2005. SOURCE: 71 FR 39172, July 11, 2006, unless (4) The provisions of § 60.4208 of this otherwise noted. subpart are applicable to all owners and operators of stationary CI ICE that WHAT THIS SUBPART COVERS commence construction after July 11, 2005. § 60.4200 Am I subject to this subpart? (b) The provisions of this subpart are (a) The provisions of this subpart are not applicable to stationary CI ICE applicable to manufacturers, owners, being tested at a stationary CI ICE test and operators of stationary compres- cell/stand. sion ignition (CI) internal combustion (c) If you are an owner or operator of engines (ICE) and other persons as an area source subject to this subpart, specified in paragraphs (a)(1) through you are exempt from the obligation to (4) of this section. For the purposes of obtain a permit under 40 CFR part 70 or this subpart, the date that construc- 40 CFR part 71, provided you are not re- tion commences is the date the engine quired to obtain a permit under 40 CFR is ordered by the owner or operator. 70.3(a) or 40 CFR 71.3(a) for a reason (1) Manufacturers of stationary CI other than your status as an area ICE with a displacement of less than 30 source under this subpart. Notwith- liters per cylinder where the model standing the previous sentence, you year is: must continue to comply with the pro- (i) 2007 or later, for engines that are visions of this subpart applicable to not fire pump engines; area sources. (ii) The model year listed in Table 3 (d) Stationary CI ICE may be eligible to this subpart or later model year, for for exemption from the requirements fire pump engines. of this subpart as described in 40 CFR (2) Owners and operators of sta- part 1068, subpart C (or the exemptions tionary CI ICE that commence con- described in 40 CFR part 89, subpart J struction after July 11, 2005, where the and 40 CFR part 94, subpart J, for en- stationary CI ICE are: gines that would need to be certified to (i) Manufactured after April 1, 2006, standards in those parts), except that and are not fire pump engines, or owners and operators, as well as manu- (ii) Manufactured as a certified Na- facturers, may be eligible to request an tional Fire Protection Association exemption for national security.

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(e) Owners and operators of facilities 1039.107, and 40 CFR 1039.115, as applica- with CI ICE that are acting as tem- ble, for all pollutants, for the same porary replacement units and that are maximum engine power. located at a stationary source for less (d) Stationary CI internal combus- than 1 year and that have been prop- tion engine manufacturers must certify erly certified as meeting the standards the following non-emergency sta- that would be applicable to such engine tionary CI ICE to the certification under the appropriate nonroad engine emission standards for new marine CI provisions, are not required to meet engines in 40 CFR 94.8, as applicable, any other provisions under this subpart for all pollutants, for the same dis- with regard to such engines. placement and maximum engine power: (1) Their 2007 model year through 2012 [71 FR 39172, July 11, 2006, as amended at 76 FR 37967, June 28, 2011] non-emergency stationary CI ICE with a displacement of greater than or equal EMISSION STANDARDS FOR to 10 liters per cylinder and less than 30 MANUFACTURERS liters per cylinder; (2) Their 2013 model year non-emer- § 60.4201 What emission standards gency stationary CI ICE with a max- must I meet for non-emergency en- imum engine power greater than or gines if I am a stationary CI inter- equal to 3,700 KW (4,958 HP) and a dis- nal combustion engine manufac- placement of greater than or equal to turer? 10 liters per cylinder and less than 15 (a) Stationary CI internal combus- liters per cylinder; and tion engine manufacturers must certify (3) Their 2013 model year non-emer- their 2007 model year and later non- gency stationary CI ICE with a dis- emergency stationary CI ICE with a placement of greater than or equal to maximum engine power less than or 15 liters per cylinder and less than 30 equal to 2,237 kilowatt (KW) (3,000 liters per cylinder. horsepower (HP)) and a displacement of (e) Stationary CI internal combus- less than 10 liters per cylinder to the tion engine manufacturers must certify certification emission standards for the following non-emergency sta- new nonroad CI engines in 40 CFR tionary CI ICE to the certification 89.112, 40 CFR 89.113, 40 CFR 1039.101, 40 emission standards and other require- CFR 1039.102, 40 CFR 1039.104, 40 CFR ments for new marine CI engines in 40 1039.105, 40 CFR 1039.107, and 40 CFR CFR 1042.101, 40 CFR 1042.107, 40 CFR 1039.115, as applicable, for all pollut- 1042.110, 40 CFR 1042.115, 40 CFR ants, for the same model year and max- 1042.120, and 40 CFR 1042.145, as applica- imum engine power. ble, for all pollutants, for the same dis- (b) Stationary CI internal combus- placement and maximum engine power: tion engine manufacturers must certify (1) Their 2013 model year non-emer- their 2007 through 2010 model year non- gency stationary CI ICE with a max- emergency stationary CI ICE with a imum engine power less than 3,700 KW maximum engine power greater than (4,958 HP) and a displacement of great- 2,237 KW (3,000 HP) and a displacement er than or equal to 10 liters per cyl- of less than 10 liters per cylinder to the inder and less than 15 liters per cyl- emission standards in table 1 to this inder; and subpart, for all pollutants, for the same (2) Their 2014 model year and later maximum engine power. non-emergency stationary CI ICE with (c) Stationary CI internal combus- a displacement of greater than or equal tion engine manufacturers must certify to 10 liters per cylinder and less than 30 their 2011 model year and later non- liters per cylinder. emergency stationary CI ICE with a (f) Notwithstanding the requirements maximum engine power greater than in paragraphs (a) through (c) of this 2,237 KW (3,000 HP) and a displacement section, stationary non-emergency CI of less than 10 liters per cylinder to the ICE identified in paragraphs (a) and (c) certification emission standards for may be certified to the provisions of 40 new nonroad CI engines in 40 CFR CFR part 94 or, if Table 1 to 40 CFR 1039.101, 40 CFR 1039.102, 40 CFR 1042.1 identifies 40 CFR part 1042 as 1039.104, 40 CFR 1039.105, 40 CFR being applicable, 40 CFR part 1042, if

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the engines will be used solely in either (ii) The certification emission stand- or both of the following locations: ards for new nonroad CI engines in 40 (1) Remote areas of Alaska; and CFR 1039.104, 40 CFR 1039.105, 40 CFR (2) Marine offshore installations. 1039.107, 40 CFR 1039.115, and table 2 to (g) Notwithstanding the require- this subpart, for 2008 model year and ments in paragraphs (a) through (f) of later engines. this section, stationary CI internal (2) For engines with a maximum en- combustion engine manufacturers are gine power greater than or equal to 37 not required to certify reconstructed KW (50 HP), the certification emission engines; however manufacturers may standards for new nonroad CI engines elect to do so. The reconstructed en- for the same model year and maximum gine must be certified to the emission engine power in 40 CFR 89.112 and 40 standards specified in paragraphs (a) CFR 89.113 for all pollutants beginning through (e) of this section that are ap- in model year 2007. plicable to the model year, maximum (b) Stationary CI internal combus- engine power, and displacement of the tion engine manufacturers must certify reconstructed stationary CI ICE. their 2007 model year and later emer- (h) Stationary CI ICE certified to the gency stationary CI ICE with a max- standards in 40 CFR part 1039 and imum engine power greater than 2,237 equipped with auxiliary emission con- KW (3,000 HP) and a displacement of trol devices (AECDs) as specified in 40 less than 10 liters per cylinder that are CFR 1039.665 must meet the Tier 1 cer- not fire pump engines to the emission tification emission standards for new standards specified in paragraphs (b)(1) nonroad CI engines in 40 CFR 89.112 through (2) of this section. while the AECD is activated during a (1) For 2007 through 2010 model years, qualified emergency situation. A quali- the emission standards in table 1 to fied emergency situation is defined in this subpart, for all pollutants, for the 40 CFR 1039.665. When the qualified same maximum engine power. emergency situation has ended and the (2) For 2011 model year and later, the AECD is deactivated, the engine must certification emission standards for resume meeting the otherwise applica- new nonroad CI engines for engines of ble emission standard specified in this the same model year and maximum en- section. gine power in 40 CFR 89.112 and 40 CFR 89.113 for all pollutants. [71 FR 39172, July 11, 2006, as amended at 76 FR 37967, June 28, 2011; 81 FR 44219, July 7, (c) [Reserved] 2016] (d) Beginning with the model years in table 3 to this subpart, stationary CI § 60.4202 What emission standards internal combustion engine manufac- must I meet for emergency engines turers must certify their fire pump sta- if I am a stationary CI internal com- tionary CI ICE to the emission stand- bustion engine manufacturer? ards in table 4 to this subpart, for all (a) Stationary CI internal combus- pollutants, for the same model year tion engine manufacturers must certify and NFPA nameplate power. their 2007 model year and later emer- (e) Stationary CI internal combus- gency stationary CI ICE with a max- tion engine manufacturers must certify imum engine power less than or equal the following emergency stationary CI to 2,237 KW (3,000 HP) and a displace- ICE that are not fire pump engines to ment of less than 10 liters per cylinder the certification emission standards for that are not fire pump engines to the new marine CI engines in 40 CFR 94.8, emission standards specified in para- as applicable, for all pollutants, for the graphs (a)(1) through (2) of this section. same displacement and maximum en- (1) For engines with a maximum engine power: gine power less than 37 KW (50 HP): (1) Their 2007 model year through 2012 (i) The certification emission stand- emergency stationary CI ICE with a ards for new nonroad CI engines for the displacement of greater than or equal same model year and maximum engine to 10 liters per cylinder and less than 30 power in 40 CFR 89.112 and 40 CFR liters per cylinder; 89.113 for all pollutants for model year (2) Their 2013 model year and later 2007 engines, and emergency stationary CI ICE with a

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maximum engine power greater than or combustion engine manufacturers are equal to 3,700 KW (4,958 HP) and a dis- not required to certify reconstructed placement of greater than or equal to engines; however manufacturers may 10 liters per cylinder and less than 15 elect to do so. The reconstructed en- liters per cylinder; gine must be certified to the emission (3) Their 2013 model year emergency standards specified in paragraphs (a) stationary CI ICE with a displacement through (f) of this section that are ap- of greater than or equal to 15 liters per plicable to the model year, maximum cylinder and less than 30 liters per cyl- engine power and displacement of the inder; and reconstructed emergency stationary CI (4) Their 2014 model year and later ICE. emergency stationary CI ICE with a maximum engine power greater than or [71 FR 39172, July 11, 2006, as amended at 76 equal to 2,000 KW (2,682 HP) and a dis- FR 37968, June 28, 2011; 81 FR 44219, July 7, 2016] placement of greater than or equal to 15 liters per cylinder and less than 30 § 60.4203 How long must my engines liters per cylinder. meet the emission standards if I am (f) Stationary CI internal combustion a manufacturer of stationary CI in- engine manufacturers must certify the ternal combustion engines? following emergency stationary CI ICE Engines manufactured by stationary to the certification emission standards CI internal combustion engine manu- and other requirements applicable to facturers must meet the emission Tier 3 new marine CI engines in 40 CFR standards as required in §§ 60.4201 and 1042.101, 40 CFR 1042.107, 40 CFR 60.4202 during the certified emissions 1042.115, 40 CFR 1042.120, and 40 CFR life of the engines. 1042.145, for all pollutants, for the same displacement and maximum engine [76 FR 37968, June 28, 2011] power: (1) Their 2013 model year and later EMISSION STANDARDS FOR OWNERS AND emergency stationary CI ICE with a OPERATORS maximum engine power less than 3,700 KW (4,958 HP) and a displacement of § 60.4204 What emission standards greater than or equal to 10 liters per must I meet for non-emergency en- cylinder and less than 15 liters per cyl- gines if I am an owner or operator of a stationary CI internal combus- inder; and tion engine? (2) Their 2014 model year and later emergency stationary CI ICE with a (a) Owners and operators of pre-2007 maximum engine power less than 2,000 model year non-emergency stationary KW (2,682 HP) and a displacement of CI ICE with a displacement of less than greater than or equal to 15 liters per 10 liters per cylinder must comply with cylinder and less than 30 liters per cyl- the emission standards in table 1 to inder. this subpart. Owners and operators of (g) Notwithstanding the require- pre-2007 model year non-emergency sta- ments in paragraphs (a) through (d) of tionary CI ICE with a displacement of this section, stationary emergency CI greater than or equal to 10 liters per internal combustion engines identified cylinder and less than 30 liters per cylin paragraphs (a) and (c) may be cer- inder must comply with the emission tified to the provisions of 40 CFR part standards in 40 CFR 94.8(a)(1). 94 or, if Table 2 to 40 CFR 1042.101 iden- (b) Owners and operators of 2007 tifies Tier 3 standards as being applica- model year and later non-emergency ble, the requirements applicable to stationary CI ICE with a displacement Tier 3 engines in 40 CFR part 1042, if of less than 30 liters per cylinder must the engines will be used solely in either comply with the emission standards for or both of the following locations: new CI engines in § 60.4201 for their 2007 (1) Remote areas of Alaska; and model year and later stationary CI (2) Marine offshore installations. ICE, as applicable. (h) Notwithstanding the require- (c) Owners and operators of non- ments in paragraphs (a) through (f) of emergency stationary CI engines with this section, stationary CI internal a displacement of greater than or equal

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to 30 liters per cylinder must meet the ceed (NTE) standards as indicated in following requirements: § 60.4212. (1) For engines installed prior to Jan- (e) Owners and operators of any uary 1, 2012, limit the emissions of NOX modified or reconstructed non-emer- in the stationary CI internal combus- gency stationary CI ICE subject to this tion engine exhaust to the following: subpart must meet the emission stand- (i) 17.0 grams per kilowatt-hour (g/ ards applicable to the model year, max- KW-hr) (12.7 grams per horsepower-hr imum engine power, and displacement (g/HP-hr)) when maximum engine speed of the modified or reconstructed non- is less than 130 revolutions per minute emergency stationary CI ICE that are (rpm); specified in paragraphs (a) through (d) (ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2 g/HP- of this section. hr) when maximum engine speed is 130 (f) Owners and operators of sta- or more but less than 2,000 rpm, where tionary CI ICE certified to the stand- n is maximum engine speed; and ards in 40 CFR part 1039 and equipped (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when with AECDs as specified in 40 CFR maximum engine speed is 2,000 rpm or 1039.665 must meet the Tier 1 certifi- more. cation emission standards for new (2) For engines installed on or after nonroad CI engines in 40 CFR 89.112 January 1, 2012 and before January 1, while the AECD is activated during a 2016, limit the emissions of NOX in the qualified emergency situation. A quali- stationary CI internal combustion en- fied emergency situation is defined in gine exhaust to the following: 40 CFR 1039.665. When the qualified (i) 14.4 g/KW-hr (10.7 g/HP-hr) when emergency situation has ended and the maximum engine speed is less than 130 AECD is deactivated, the engine must rpm; resume meeting the otherwise applica- (ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23 g/ ble emission standard specified in this HP-hr) when maximum engine speed is section. greater than or equal to 130 but less [71 FR 39172, July 11, 2006, as amended at 76 than 2,000 rpm and where n is max- FR 37968, June 28, 2011; 81 FR 44219, July 7, imum engine speed; and 2016] (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater than § 60.4205 What emission standards or equal to 2,000 rpm. must I meet for emergency engines (3) For engines installed on or after if I am an owner or operator of a January 1, 2016, limit the emissions of stationary CI internal combustion engine? NOX in the stationary CI internal combustion engine exhaust to the fol- (a) Owners and operators of pre-2007 lowing: model year emergency stationary CI (i) 3.4 g/KW-hr (2.5 g/HP-hr) when ICE with a displacement of less than 10 maximum engine speed is less than 130 liters per cylinder that are not fire rpm; pump engines must comply with the (ii) 9.0 · n¥0.20 g/KW-hr (6.7 · n¥0.20 g/ emission standards in Table 1 to this HP-hr) where n (maximum engine subpart. Owners and operators of pre- speed) is 130 or more but less than 2,000 2007 model year emergency stationary rpm; and CI ICE with a displacement of greater (iii) 2.0 g/KW-hr (1.5 g/HP-hr) where than or equal to 10 liters per cylinder maximum engine speed is greater than and less than 30 liters per cylinder that or equal to 2,000 rpm. are not fire pump engines must comply (4) Reduce particulate matter (PM) with the emission standards in 40 CFR emissions by 60 percent or more, or 94.8(a)(1). limit the emissions of PM in the sta- (b) Owners and operators of 2007 tionary CI internal combustion engine model year and later emergency sta- exhaust to 0.15 g/KW-hr (0.11 g/HP-hr). tionary CI ICE with a displacement of (d) Owners and operators of non- less than 30 liters per cylinder that are emergency stationary CI ICE with a not fire pump engines must comply displacement of less than 30 liters per with the emission standards for new cylinder who conduct performance nonroad CI engines in § 60.4202, for all tests in-use must meet the not-to-ex- pollutants, for the same model year

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and maximum engine power for their modified or reconstructed CI ICE that 2007 model year and later emergency are specified in paragraphs (a) through stationary CI ICE. (e) of this section. (c) Owners and operators of fire pump [71 FR 39172, July 11, 2006, as amended at 76 engines with a displacement of less FR 37969, June 28, 2011] than 30 liters per cylinder must comply with the emission standards in table 4 § 60.4206 How long must I meet the to this subpart, for all pollutants. emission standards if I am an (d) Owners and operators of emer- owner or operator of a stationary gency stationary CI engines with a dis- CI internal combustion engine? placement of greater than or equal to Owners and operators of stationary 30 liters per cylinder must meet the re- CI ICE must operate and maintain sta- quirements in this section. tionary CI ICE that achieve the emis- (1) For engines installed prior to Jan- sion standards as required in §§ 60.4204 uary 1, 2012, limit the emissions of NOX and 60.4205 over the entire life of the in the stationary CI internal combus- engine. tion engine exhaust to the following: (i) 17.0 g/KW-hr (12.7 g/HP-hr) when [76 FR 37969, June 28, 2011] maximum engine speed is less than 130 rpm; FUEL REQUIREMENTS FOR OWNERS AND (ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2 g/HP- OPERATORS hr) when maximum engine speed is 130 § 60.4207 What fuel requirements must or more but less than 2,000 rpm, where I meet if I am an owner or operator n is maximum engine speed; and of a stationary CI internal combus- (iii) 9.8 g/kW-hr (7.3 g/HP-hr) when tion engine subject to this subpart? maximum engine speed is 2,000 rpm or (a) Beginning October 1, 2007, owners more. and operators of stationary CI ICE sub- (2) For engines installed on or after ject to this subpart that use diesel fuel January 1, 2012, limit the emissions of must use diesel fuel that meets the re- NO in the stationary CI internal com- X quirements of 40 CFR 80.510(a). bustion engine exhaust to the following: (b) Beginning October 1, 2010, owners (i) 14.4 g/KW-hr (10.7 g/HP-hr) when and operators of stationary CI ICE sub- maximum engine speed is less than 130 ject to this subpart with a displace- rpm; ment of less than 30 liters per cylinder that use diesel fuel must use diesel fuel (ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23 g/ HP-hr) when maximum engine speed is that meets the requirements of 40 CFR greater than or equal to 130 but less 80.510(b) for nonroad diesel fuel, except than 2,000 rpm and where n is max- that any existing diesel fuel purchased imum engine speed; and (or otherwise obtained) prior to Octo- (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when ber 1, 2010, may be used until depleted. maximum engine speed is greater than (c) [Reserved] or equal to 2,000 rpm. (d) Beginning June 1, 2012, owners (3) Limit the emissions of PM in the and operators of stationary CI ICE sub- stationary CI internal combustion en- ject to this subpart with a displace- gine exhaust to 0.40 g/KW-hr (0.30 g/HP- ment of greater than or equal to 30 li- hr). ters per cylinder are no longer subject (e) Owners and operators of emer- to the requirements of paragraph (a) of gency stationary CI ICE with a dis- this section, and must use fuel that placement of less than 30 liters per cyl- meets a maximum per-gallon sulfur inder who conduct performance tests content of 1,000 parts per million in-use must meet the NTE standards as (ppm). indicated in § 60.4212. (e) Stationary CI ICE that have a na- (f) Owners and operators of any modi- tional security exemption under fied or reconstructed emergency sta- § 60.4200(d) are also exempt from the tionary CI ICE subject to this subpart fuel requirements in this section. must meet the emission standards ap- [71 FR 39172, July 11, 2006, as amended at 76 plicable to the model year, maximum FR 37969, June 28, 2011; 78 FR 6695, Jan. 30, engine power, and displacement of the 2013]

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OTHER REQUIREMENTS FOR OWNERS AND of greater than or equal to 10 liters per OPERATORS cylinder and less than 30 liters per cylinder that do not meet the applicable § 60.4208 What is the deadline for im- requirements for 2017 model year non- porting or installing stationary CI ICE produced in previous model emergency engines. years? (h) In addition to the requirements (a) After December 31, 2008, owners specified in §§ 60.4201, 60.4202, 60.4204, and operators may not install sta- and 60.4205, it is prohibited to import tionary CI ICE (excluding fire pump en- stationary CI ICE with a displacement gines) that do not meet the applicable of less than 30 liters per cylinder that requirements for 2007 model year en- do not meet the applicable require- gines. ments specified in paragraphs (a) (b) After December 31, 2009, owners through (g) of this section after the and operators may not install sta- dates specified in paragraphs (a) tionary CI ICE with a maximum engine through (g) of this section. power of less than 19 KW (25 HP) (ex- (i) The requirements of this section cluding fire pump engines) that do not do not apply to owners or operators of meet the applicable requirements for stationary CI ICE that have been modi- 2008 model year engines. fied, reconstructed, and do not apply to (c) After December 31, 2014, owners engines that were removed from one and operators may not install non- existing location and reinstalled at a emergency stationary CI ICE with a new location. maximum engine power of greater than or equal to 19 KW (25 HP) and less than [71 FR 39172, July 11, 2006, as amended at 76 56 KW (75 HP) that do not meet the ap- FR 37969, June 28, 2011] plicable requirements for 2013 model year non-emergency engines. § 60.4209 What are the monitoring re- (d) After December 31, 2013, owners quirements if I am an owner or op- and operators may not install non- erator of a stationary CI internal emergency stationary CI ICE with a combustion engine? maximum engine power of greater than If you are an owner or operator, you or equal to 56 KW (75 HP) and less than must meet the monitoring require- 130 KW (175 HP) that do not meet the ments of this section. In addition, you applicable requirements for 2012 model must also meet the monitoring require- year non-emergency engines. ments specified in § 60.4211. (e) After December 31, 2012, owners (a) If you are an owner or operator of and operators may not install non- an emergency stationary CI internal emergency stationary CI ICE with a maximum engine power of greater than combustion engine that does not meet or equal to 130 KW (175 HP), including the standards applicable to non-emer- those above 560 KW (750 HP), that do gency engines, you must install a non- not meet the applicable requirements resettable hour meter prior to startup for 2011 model year non-emergency en- of the engine. gines. (b) If you are an owner or operator of (f) After December 31, 2016, owners a stationary CI internal combustion and operators may not install non- engine equipped with a diesel particu- emergency stationary CI ICE with a late filter to comply with the emission maximum engine power of greater than standards in § 60.4204, the diesel partic- or equal to 560 KW (750 HP) that do not ulate filter must be installed with a meet the applicable requirements for backpressure monitor that notifies the 2015 model year non-emergency en- owner or operator when the high gines. backpressure limit of the engine is ap- (g) After December 31, 2018, owners proached. and operators may not install non- emergency stationary CI ICE with a [71 FR 39172, July 11, 2006, as amended at 76 maximum engine power greater than or FR 37969, June 28, 2011] equal to 600 KW (804 HP) and less than 2,000 KW (2,680 HP) and a displacement

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COMPLIANCE REQUIREMENTS gines. Labels on such engines must refer to stationary engines, rather than § 60.4210 What are my compliance re- or in addition to nonroad or marine en- quirements if I am a stationary CI gines, as appropriate. Stationary CI in- internal combustion engine manu- ternal combustion engine manufactur- facturer? ers must label their engines according (a) Stationary CI internal combus- to paragraphs (c)(1) through (3) of this tion engine manufacturers must certify section. their stationary CI ICE with a displace- (1) Stationary CI internal combus- ment of less than 10 liters per cylinder tion engines manufactured from Janu- to the emission standards specified in ary 1, 2006 to March 31, 2006 (January 1, §§ 60.4201(a) through (c) and 60.4202(a), 2006 to June 30, 2006 for fire pump en- (b) and (d) using the certification pro- gines), other than those that are part cedures required in 40 CFR part 89, sub- of certified engine families under the part B, or 40 CFR part 1039, subpart C, nonroad CI engine regulations, must be as applicable, and must test their en- labeled according to 40 CFR 1039.20. gines as specified in those parts. For (2) Stationary CI internal combus- the purposes of this subpart, engines tion engines manufactured from April certified to the standards in table 1 to 1, 2006 to December 31, 2006 (or, for fire this subpart shall be subject to the pump engines, July 1, 2006 to December same requirements as engines certified 31 of the year preceding the year listed to the standards in 40 CFR part 89. For in table 3 to this subpart) must be la- the purposes of this subpart, engines beled according to paragraphs (c)(2)(i) certified to the standards in table 4 to through (iii) of this section: this subpart shall be subject to the same requirements as engines certified (i) Stationary CI internal combustion to the standards in 40 CFR part 89, ex- engines that are part of certified en- cept that engines with NFPA name- gine families under the nonroad regula- plate power of less than 37 KW (50 HP) tions must meet the labeling require- certified to model year 2011 or later ments for nonroad CI engines, but do standards shall be subject to the same not have to meet the labeling require- requirements as engines certified to ments in 40 CFR 1039.20. the standards in 40 CFR part 1039. (ii) Stationary CI internal combus- (b) Stationary CI internal combustion engines that meet Tier 1 require- tion engine manufacturers must certify ments (or requirements for fire pumps) their stationary CI ICE with a displace- under this subpart, but do not meet the ment of greater than or equal to 10 li- requirements applicable to nonroad CI ters per cylinder and less than 30 liters engines must be labeled according to 40 per cylinder to the emission standards CFR 1039.20. The engine manufacturer specified in §§ 60.4201(d) and (e) and may add language to the label clari- 60.4202(e) and (f) using the certification fying that the engine meets Tier 1 re- procedures required in 40 CFR part 94, quirements (or requirements for fire subpart C, or 40 CFR part 1042, subpart pumps) of this subpart. C, as applicable, and must test their (iii) Stationary CI internal combus- engines as specified in 40 CFR part 94 tion engines manufactured after April or 1042, as applicable. 1, 2006 that do not meet Tier 1 require- (c) Stationary CI internal combus- ments of this subpart, or fire pumps en- tion engine manufacturers must meet gines manufactured after July 1, 2006 the requirements of 40 CFR 1039.120, that do not meet the requirements for 1039.125, 1039.130, and 1039.135, and 40 fire pumps under this subpart, may not CFR part 1068 for engines that are cer- be used in the U.S. If any such engines tified to the emission standards in 40 are manufactured in the U.S. after CFR part 1039. Stationary CI internal April 1, 2006 (July 1, 2006 for fire pump combustion engine manufacturers engines), they must be exported or must meet the corresponding provi- must be brought into compliance with sions of 40 CFR part 89, 40 CFR part 94 the appropriate standards prior to ini- or 40 CFR part 1042 for engines that tial operation. The export provisions of would be covered by that part if they 40 CFR 1068.230 would apply to engines were nonroad (including marine) en- for export and the manufacturers must

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label such engines according to 40 CFR the word ‘‘nonroad’’ or ‘‘marine,’’ as 1068.230. appropriate, to the label. (3) Stationary CI internal combus- (f) Starting with the model years tion engines manufactured after Janu- shown in table 5 to this subpart, sta- ary 1, 2007 (for fire pump engines, after tionary CI internal combustion engine January 1 of the year listed in table 3 manufacturers must add a permanent to this subpart, as applicable) must be label stating that the engine is for sta- labeled according to paragraphs tionary emergency use only to each (c)(3)(i) through (iii) of this section. new emergency stationary CI internal (i) Stationary CI internal combustion combustion engine greater than or engines that meet the requirements of equal to 19 KW (25 HP) that meets all this subpart and the corresponding re- the emission standards for emergency quirements for nonroad (including ma- engines in § 60.4202 but does not meet rine) engines of the same model year all the emission standards for non- and HP must be labeled according to emergency engines in § 60.4201. The the provisions in 40 CFR parts 89, 94, label must be added according to the 1039 or 1042, as appropriate. labeling requirements specified in 40 (ii) Stationary CI internal combus- CFR 1039.135(b). Engine manufacturers tion engines that meet the require- must specify in the owner’s manual ments of this subpart, but are not cer- that operation of emergency engines is limited to emergency operations and tified to the standards applicable to required maintenance and testing. nonroad (including marine) engines of (g) Manufacturers of fire pump en- the same model year and HP must be gines may use the test cycle in table 6 labeled according to the provisions in to this subpart for testing fire pump 40 CFR parts 89, 94, 1039 or 1042, as ap- engines and may test at the NFPA cer- propriate, but the words ‘‘stationary’’ tified nameplate HP, provided that the must be included instead of ‘‘nonroad’’ engine is labeled as ‘‘Fire Pump Appli- or ‘‘marine’’ on the label. In addition, cations Only’’. such engines must be labeled according (h) Engine manufacturers, including to 40 CFR 1039.20. importers, may introduce into com- (iii) Stationary CI internal combus- merce uncertified engines or engines tion engines that do not meet the recertified to earlier standards that were quirements of this subpart must be la- manufactured before the new or beled according to 40 CFR 1068.230 and changed standards took effect until in- must be exported under the provisions ventories are depleted, as long as such of 40 CFR 1068.230. engines are part of normal inventory. (d) An engine manufacturer certi- For example, if the engine manufactur- fying an engine family or families to ers’ normal industry practice is to keep standards under this subpart that are on hand a one-month supply of engines identical to standards applicable under based on its projected sales, and a new 40 CFR parts 89, 94, 1039 or 1042 for that tier of standards starts to apply for the model year may certify any such fam- 2009 model year, the engine manufac- ily that contains both nonroad (includ- turer may manufacture engines based ing marine) and stationary engines as a on the normal inventory requirements single engine family and/or may in- late in the 2008 model year, and sell clude any such family containing sta- those engines for installation. The en- tionary engines in the averaging, bank- gine manufacturer may not circumvent ing and trading provisions applicable the provisions of § 60.4201 or § 60.4202 by for such engines under those parts. stockpiling engines that are built be- (e) Manufacturers of engine families fore new or changed standards take ef- discussed in paragraph (d) of this sec- fect. Stockpiling of such engines be- tion may meet the labeling require- yond normal industry practice is a vio- ments referred to in paragraph (c) of lation of this subpart. this section for stationary CI ICE by (i) The replacement engine provisions either adding a separate label con- of 40 CFR 89.1003(b)(7), 40 CFR taining the information required in 94.1103(b)(3), 40 CFR 94.1103(b)(4) and 40 paragraph (c) of this section or by add- CFR 1068.240 are applicable to sta- ing the words ‘‘and stationary’’ after tionary CI engines replacing existing

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equipment that is less than 15 years § 60.4205(c), you must demonstrate com- old. pliance according to one of the meth- (j) Stationary CI ICE manufacturers ods specified in paragraphs (b)(1) may equip their stationary CI internal through (5) of this section. combustion engines certified to the (1) Purchasing an engine certified ac- emission standards in 40 CFR part 1039 cording to 40 CFR part 89 or 40 CFR with AECDs for qualified emergency part 94, as applicable, for the same situations according to the require- model year and maximum engine ments of 40 CFR 1039.665. Manufactur- power. The engine must be installed ers of stationary CI ICE equipped with and configured according to the manu- AECDs as allowed by 40 CFR 1039.665 facturer’s specifications. must meet all of the requirements in 40 (2) Keeping records of performance CFR 1039.665 that apply to manufactur- test results for each pollutant for a ers. Manufacturers must document test conducted on a similar engine. The that the engine complies with the Tier test must have been conducted using 1 standard in 40 CFR 89.112 when the the same methods specified in this sub- AECD is activated. Manufacturers part and these methods must have been must provide any relevant testing, en- followed correctly. gineering analysis, or other informa- (3) Keeping records of engine manu- tion in sufficient detail to support such facturer data indicating compliance statement when applying for certifi- with the standards. cation (including amending an existing (4) Keeping records of control device certificate) of an engine equipped with vendor data indicating compliance an AECD as allowed by 40 CFR 1039.665. with the standards. (5) Conducting an initial performance [71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011; 81 FR 44219, July 7, test to demonstrate compliance with 2016] the emission standards according to the requirements specified in § 60.4212, § 60.4211 What are my compliance re- as applicable. quirements if I am an owner or op- (c) If you are an owner or operator of erator of a stationary CI internal a 2007 model year and later stationary combustion engine? CI internal combustion engine and (a) If you are an owner or operator must comply with the emission stand- and must comply with the emission ards specified in § 60.4204(b) or standards specified in this subpart, you § 60.4205(b), or if you are an owner or must do all of the following, except as operator of a CI fire pump engine that permitted under paragraph (g) of this is manufactured during or after the section: model year that applies to your fire (1) Operate and maintain the sta- pump engine power rating in table 3 to tionary CI internal combustion engine this subpart and must comply with the and control device according to the emission standards specified in manufacturer’s emission-related writ- § 60.4205(c), you must comply by pur- ten instructions; chasing an engine certified to the emis- (2) Change only those emission-re- sion standards in § 60.4204(b), or lated settings that are permitted by § 60.4205(b) or (c), as applicable, for the the manufacturer; and same model year and maximum (or in (3) Meet the requirements of 40 CFR the case of fire pumps, NFPA name- parts 89, 94 and/or 1068, as they apply to plate) engine power. The engine must you. be installed and configured according (b) If you are an owner or operator of to the manufacturer’s emission-related a pre-2007 model year stationary CI in- specifications, except as permitted in ternal combustion engine and must paragraph (g) of this section. comply with the emission standards (d) If you are an owner or operator specified in § 60.4204(a) or § 60.4205(a), or and must comply with the emission if you are an owner or operator of a CI standards specified in § 60.4204(c) or fire pump engine that is manufactured § 60.4205(d), you must demonstrate com- prior to the model years in table 3 to pliance according to the requirements this subpart and must comply with the specified in paragraphs (d)(1) through emission standards specified in (3) of this section.

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(1) Conducting an initial performance emission standards in § 60.4204(e) or test to demonstrate initial compliance § 60.4205(f), as applicable. with the emission standards as speci- (2) Conducting a performance test to fied in § 60.4213. demonstrate initial compliance with (2) Establishing operating parameters the emission standards according to to be monitored continuously to ensure the requirements specified in § 60.4212 the stationary internal combustion en- or § 60.4213, as appropriate. The test gine continues to meet the emission must be conducted within 60 days after standards. The owner or operator must the engine commences operation after petition the Administrator for ap- the modification or reconstruction. proval of operating parameters to be (f) If you own or operate an emer- monitored continuously. The petition gency stationary ICE, you must oper- must include the information described ate the emergency stationary ICE ac- in paragraphs (d)(2)(i) through (v) of cording to the requirements in para- this section. graphs (f)(1) through (3) of this section. (i) Identification of the specific pa- In order for the engine to be considered rameters you propose to monitor con- an emergency stationary ICE under tinuously; this subpart, any operation other than (ii) A discussion of the relationship emergency operation, maintenance and testing, emergency demand response, between these parameters and NO and X and operation in non-emergency situa- PM emissions, identifying how the tions for 50 hours per year, as described emissions of these pollutants change in paragraphs (f)(1) through (3) of this with changes in these parameters, and section, is prohibited. If you do not op- how limitations on these parameters erate the engine according to the re- will serve to limit NO and PM emis- X quirements in paragraphs (f)(1) through sions; (3) of this section, the engine will not (iii) A discussion of how you will es- be considered an emergency engine tablish the upper and/or lower values under this subpart and must meet all for these parameters which will estab- requirements for non-emergency en- lish the limits on these parameters in gines. the operating limitations; (1) There is no time limit on the use (iv) A discussion identifying the of emergency stationary ICE in emer- methods and the instruments you will gency situations. use to monitor these parameters, as (2) You may operate your emergency well as the relative accuracy and preci- stationary ICE for any combination of sion of these methods and instruments; the purposes specified in paragraphs and (f)(2)(i) through (iii) of this section for (v) A discussion identifying the fre- a maximum of 100 hours per calendar quency and methods for recalibrating year. Any operation for non-emergency the instruments you will use for moni- situations as allowed by paragraph toring these parameters. (f)(3) of this section counts as part of (3) For non-emergency engines with a the 100 hours per calendar year allowed displacement of greater than or equal by this paragraph (f)(2). to 30 liters per cylinder, conducting an- (i) Emergency stationary ICE may be nual performance tests to demonstrate operated for maintenance checks and continuous compliance with the emis- readiness testing, provided that the sion standards as specified in § 60.4213. tests are recommended by federal, (e) If you are an owner or operator of state or local government, the manu- a modified or reconstructed stationary facturer, the vendor, the regional CI internal combustion engine and transmission organization or equiva- must comply with the emission stand- lent balancing authority and trans- ards specified in § 60.4204(e) or mission operator, or the insurance § 60.4205(f), you must demonstrate com- company associated with the engine. pliance according to one of the meth- The owner or operator may petition ods specified in paragraphs (e)(1) or (2) the Administrator for approval of addi- of this section. tional hours to be used for mainte- (1) Purchasing, or otherwise owning nance checks and readiness testing, but or operating, an engine certified to the a petition is not required if the owner

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or operator maintains records indi- gional, state, public utility commis- cating that federal, state, or local sion or local standards or guidelines. standards require maintenance and (D) The power is provided only to the testing of emergency ICE beyond 100 facility itself or to support the local hours per calendar year. transmission and distribution system. (ii) Emergency stationary ICE may (E) The owner or operator identifies be operated for emergency demand re- and records the entity that dispatches sponse for periods in which the Reli- the engine and the specific NERC, re- ability Coordinator under the North gional, state, public utility commis- American Electric Reliability Corpora- sion or local standards or guidelines tion (NERC) Reliability Standard EOP– that are being followed for dispatching 002–3, Capacity and Energy Emer- the engine. The local balancing author- gencies (incorporated by reference, see ity or local transmission and distribu- § 60.17), or other authorized entity as tion system operator may keep these determined by the Reliability Coordi- records on behalf of the engine owner nator, has declared an Energy Emer- or operator. gency Alert Level 2 as defined in the (ii) [Reserved] NERC Reliability Standard EOP–002–3. (g) If you do not install, configure, (iii) Emergency stationary ICE may operate, and maintain your engine and be operated for periods where there is a control device according to the manu- deviation of voltage or frequency of 5 facturer’s emission-related written in- percent or greater below standard volt- structions, or you change emission-re- age or frequency. lated settings in a way that is not per- (3) Emergency stationary ICE may be mitted by the manufacturer, you must operated for up to 50 hours per calendar demonstrate compliance as follows: year in non-emergency situations. The 50 hours of operation in non-emergency (1) If you are an owner or operator of situations are counted as part of the a stationary CI internal combustion 100 hours per calendar year for mainte- engine with maximum engine power nance and testing and emergency de- less than 100 HP, you must keep a mand response provided in paragraph maintenance plan and records of con- (f)(2) of this section. Except as provided ducted maintenance to demonstrate in paragraph (f)(3)(i) of this section, compliance and must, to the extent the 50 hours per calendar year for non- practicable, maintain and operate the emergency situations cannot be used engine in a manner consistent with for peak shaving or non-emergency de- good air pollution control practice for mand response, or to generate income minimizing emissions. In addition, if for a facility to an electric grid or oth- you do not install and configure the en- erwise supply power as part of a finan- gine and control device according to cial arrangement with another entity. the manufacturer’s emission-related (i) The 50 hours per year for non- written instructions, or you change the emergency situations can be used to emission-related settings in a way that supply power as part of a financial ar- is not permitted by the manufacturer, rangement with another entity if all of you must conduct an initial perform- the following conditions are met: ance test to demonstrate compliance (A) The engine is dispatched by the with the applicable emission standards local balancing authority or local within 1 year of such action. transmission and distribution system (2) If you are an owner or operator of operator; a stationary CI internal combustion (B) The dispatch is intended to miti- engine greater than or equal to 100 HP gate local transmission and/or distribu- and less than or equal to 500 HP, you tion limitations so as to avert poten- must keep a maintenance plan and tial voltage collapse or line overloads records of conducted maintenance and that could lead to the interruption of must, to the extent practicable, main- power supply in a local area or region. tain and operate the engine in a man- (C) The dispatch follows reliability, ner consistent with good air pollution emergency operation or similar proto- control practice for minimizing emis- cols that follow specific NERC, re- sions. In addition, you must conduct an

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initial performance test to dem- TESTING REQUIREMENTS FOR OWNERS onstrate compliance with the applica- AND OPERATORS ble emission standards within 1 year of startup, or within 1 year after an en- § 60.4212 What test methods and other gine and control device is no longer in- procedures must I use if I am an stalled, configured, operated, and owner or operator of a stationary maintained in accordance with the CI internal combustion engine with manufacturer’s emission-related writ- a displacement of less than 30 liters ten instructions, or within 1 year after per cylinder? you change emission-related settings Owners and operators of stationary in a way that is not permitted by the CI ICE with a displacement of less than manufacturer. 30 liters per cylinder who conduct per- (3) If you are an owner or operator of formance tests pursuant to this sub- a stationary CI internal combustion part must do so according to para- engine greater than 500 HP, you must graphs (a) through (e) of this section. keep a maintenance plan and records of (a) The performance test must be conducted maintenance and must, to conducted according to the in-use test- the extent practicable, maintain and ing procedures in 40 CFR part 1039, sub- operate the engine in a manner con- part F, for stationary CI ICE with a sistent with good air pollution control displacement of less than 10 liters per practice for minimizing emissions. In cylinder, and according to 40 CFR part addition, you must conduct an initial 1042, subpart F, for stationary CI ICE performance test to demonstrate com- with a displacement of greater than or pliance with the applicable emission equal to 10 liters per cylinder and less standards within 1 year of startup, or within 1 year after an engine and con- than 30 liters per cylinder. trol device is no longer installed, con- (b) Exhaust emissions from sta- figured, operated, and maintained in tionary CI ICE that are complying with accordance with the manufacturer’s the emission standards for new CI en- emission-related written instructions, gines in 40 CFR part 1039 must not ex- or within 1 year after you change emis- ceed the not-to-exceed (NTE) standards sion-related settings in a way that is for the same model year and maximum not permitted by the manufacturer. engine power as required in 40 CFR You must conduct subsequent perform- 1039.101(e) and 40 CFR 1039.102(g)(1), ex- ance testing every 8,760 hours of engine cept as specified in 40 CFR 1039.104(d). operation or 3 years, whichever comes This requirement starts when NTE re- first, thereafter to demonstrate com- quirements take effect for nonroad die- pliance with the applicable emission sel engines under 40 CFR part 1039. standards. (c) Exhaust emissions from sta- (h) The requirements for operators tionary CI ICE that are complying with and prohibited acts specified in 40 CFR the emission standards for new CI en- 1039.665 apply to owners or operators of gines in 40 CFR 89.112 or 40 CFR 94.8, as stationary CI ICE equipped with applicable, must not exceed the NTE AECDs for qualified emergency situa- numerical requirements, rounded to tions as allowed by 40 CFR 1039.665. the same number of decimal places as [71 FR 39172, July 11, 2006, as amended at 76 the applicable standard in 40 CFR 89.112 FR 37970, June 28, 2011; 78 FR 6695, Jan. 30, or 40 CFR 94.8, as applicable, deter- 2013; 81 FR 44219, July 7, 2016] mined from the following equation:

NTE requirement for each pollutant = (1.25) × (STD) (Eq. 1)

Where: Alternatively, stationary CI ICE that STD = The standard specified for that pollut- are complying with the emission stand- ant in 40 CFR 89.112 or 40 CFR 94.8, as ap- ards for new CI engines in 40 CFR 89.112 plicable. or 40 CFR 94.8 may follow the testing

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procedures specified in § 60.4213 of this § 60.8(f). Each test run must last at subpart, as appropriate. least 1 hour. (d) Exhaust emissions from sta- (d) To determine compliance with the tionary CI ICE that are complying with percent reduction requirement, you the emission standards for pre-2007 must follow the requirements as speci- model year engines in § 60.4204(a), fied in paragraphs (d)(1) through (3) of § 60.4205(a), or § 60.4205(c) must not ex- this section. ceed the NTE numerical requirements, (1) You must use Equation 2 of this rounded to the same number of decimal section to determine compliance with places as the applicable standard in § 60.4204(a), § 60.4205(a), or § 60.4205(c), the percent reduction requirement: determined from the equation in para- CC− graph (c) of this section. io × 100 = R (Eq. 2) Where: Ci STD = The standard specified for that pollutant in § 60.4204(a), § 60.4205(a), or § 60.4205(c). Where:

Alternatively, stationary CI ICE that Ci = concentration of NOX or PM at the con- are complying with the emission stand- trol device inlet,

ards for pre-2007 model year engines in Co = concentration of NOX or PM at the con- § 60.4204(a), § 60.4205(a), or § 60.4205(c) trol device outlet, and

may follow the testing procedures spec- R = percent reduction of NOX or PM emis- ified in § 60.4213, as appropriate. sions. (e) Exhaust emissions from sta- (2) You must normalize the NO or tionary CI ICE that are complying with X PM concentrations at the inlet and the emission standards for new CI engines in 40 CFR part 1042 must not ex- outlet of the control device to a dry ceed the NTE standards for the same basis and to 15 percent oxygen (O2) model year and maximum engine using Equation 3 of this section, or an power as required in 40 CFR 1042.101(c). equivalent percent carbon dioxide (CO2) using the procedures described in para- [71 FR 39172, July 11, 2006, as amended at 76 graph (d)(3) of this section. FR 37971, June 28, 2011] 59. § 60.4213 What test methods and other C = C (.Eq 3) procedures must I use if I am an adj d 20.% 9 − O owner or operator of a stationary 2 CI internal combustion engine with Where: a displacement of greater than or equal to 30 liters per cylinder? Cadj = Calculated NOX or PM concentration adjusted to 15 percent O2. Owners and operators of stationary Cd = Measured concentration of NOX or PM, CI ICE with a displacement of greater uncorrected.

than or equal to 30 liters per cylinder 5.9 = 20.9 percent O2¥15 percent O2, the de- must conduct performance tests ac- fined O2 correction value, percent. cording to paragraphs (a) through (f) of %O2 = Measured O2 concentration, dry basis, this section. percent. (a) Each performance test must be (3) If pollutant concentrations are to conducted according to the require- be corrected to 15 percent O and CO ments in § 60.8 and under the specific 2 2 conditions that this subpart specifies concentration is measured in lieu of O2 in table 7. The test must be conducted concentration measurement, a CO2 cor- within 10 percent of 100 percent peak rection factor is needed. Calculate the (or the highest achievable) load. CO2 correction factor as described in (b) You may not conduct perform- paragraphs (d)(3)(i) through (iii) of this ance tests during periods of startup, section. shutdown, or malfunction, as specified (i) Calculate the fuel-specific Fo in § 60.8(c). value for the fuel burned during the (c) You must conduct three separate test using values obtained from Method test runs for each performance test re- 19, Section 5.2, and the following equa- quired in this section, as specified in tion:

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Where: 0.209F X = CO correction factor, percent. FEq = d (. 4) CO2 2 o 5.9 = 20.9 percent O2¥15 percent O2, the de- Fc fined O2 correction value, percent. Where: (iii) Calculate the NOX and PM gas Fo = Fuel factor based on the ratio of O2 vol- concentrations adjusted to 15 percent ume to the ultimate CO2 volume pro- O using CO as follows: duced by the fuel at zero percent excess 2 2 air. 0.209 = Fraction of air that is O , percent/100. XCO 2 C = C2 (.Eq 6) Fd = Ratio of the volume of dry effluent gas adj d to the gross calorific value of the fuel %CO2 from Method 19, dsm3/J (dscf/106 Btu). Where: F = Ratio of the volume of CO produced to c 2 Cadj = Calculated NOX or PM concentration the gross calorific value of the fuel from adjusted to 15 percent O2. Method 19, dsm3/J (dscf/106 Btu). Cd = Measured concentration of NOX or PM, uncorrected. (ii) Calculate the CO2 correction fac- %CO2 = Measured CO2 concentration, dry tor for correcting measurement data to basis, percent. 15 percent O2, as follows: (e) To determine compliance with the NOX mass per unit output emission 5.9 XEq= (. 5) limitation, convert the concentration CO2 F of NOX in the engine exhaust using o Equation 7 of this section:

C×××× 1.912 10−3 Q T ER = d (. Eq 7) KW-hour

Where: KW-hour = Energy output of the engine, in ER = Emission rate in grams per KW-hour. KW.

Cd = Measured NOX concentration in ppm. [71 FR 39172, July 11, 2006, as amended at 76 1.912x10¥3 = Conversion constant for ppm FR 37971, June 28, 2011]

NOX to grams per standard cubic meter at 25 degrees Celsius. NOTIFICATION, REPORTS, AND RECORDS Q = Stack gas volumetric flow rate, in stand- FOR OWNERS AND OPERATORS ard cubic meter per hour. T = Time of test run, in hours. § 60.4214 What are my notification, re- KW-hour = Brake work of the engine, in KW- porting, and recordkeeping require- hour. ments if I am an owner or operator of a stationary CI internal combus- (f) To determine compliance with the tion engine? PM mass per unit output emission lim- (a) Owners and operators of non- itation, convert the concentration of emergency stationary CI ICE that are PM in the engine exhaust using Equa- greater than 2,237 KW (3,000 HP), or tion 8 of this section: have a displacement of greater than or equal to 10 liters per cylinder, or are ×× Cadj Q T pre-2007 model year engines that are ER = (. Eq 8) greater than 130 KW (175 HP) and not KW-hour certified, must meet the requirements Where: of paragraphs (a)(1) and (2) of this sec- ER = Emission rate in grams per KW-hour. tion.

Cadj = Calculated PM concentration in grams (1) Submit an initial notification as per standard cubic meter. required in § 60.7(a)(1). The notification Q = Stack gas volumetric flow rate, in stand- must include the information in para- ard cubic meter per hour. graphs (a)(1)(i) through (v) of this sec- T = Time of test run, in hours. tion.

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(i) Name and address of the owner or hours per calendar year for the pur- operator; poses specified in § 60.4211(f)(2)(ii) and (ii) The address of the affected (iii) or that operates for the purposes source; specified in § 60.4211(f)(3)(i), you must (iii) Engine information including submit an annual report according to make, model, engine family, serial the requirements in paragraphs (d)(1) number, model year, maximum engine through (3) of this section. power, and engine displacement; (1) The report must contain the fol- (iv) Emission control equipment; and lowing information: (v) Fuel used. (i) Company name and address where (2) Keep records of the information in the engine is located. paragraphs (a)(2)(i) through (iv) of this (ii) Date of the report and beginning section. and ending dates of the reporting pe- (i) All notifications submitted to riod. comply with this subpart and all docu- (iii) Engine site rating and model mentation supporting any notification. year. (ii) Maintenance conducted on the engine. (iv) Latitude and longitude of the en- (iii) If the stationary CI internal gine in decimal degrees reported to the combustion is a certified engine, docu- fifth decimal place. mentation from the manufacturer that (v) Hours operated for the purposes the engine is certified to meet the specified in § 60.4211(f)(2)(ii) and (iii), in- emission standards. cluding the date, start time, and end (iv) If the stationary CI internal com- time for engine operation for the pur- bustion is not a certified engine, docu- poses specified in § 60.4211(f)(2)(ii) and mentation that the engine meets the (iii). emission standards. (vi) Number of hours the engine is (b) If the stationary CI internal com- contractually obligated to be available bustion engine is an emergency sta- for the purposes specified in tionary internal combustion engine, § 60.4211(f)(2)(ii) and (iii). the owner or operator is not required (vii) Hours spent for operation for the to submit an initial notification. Start- purposes specified in § 60.4211(f)(3)(i), in- ing with the model years in table 5 to cluding the date, start time, and end this subpart, if the emergency engine time for engine operation for the pur- does not meet the standards applicable poses specified in § 60.4211(f)(3)(i). The to non-emergency engines in the appli- report must also identify the entity cable model year, the owner or oper- that dispatched the engine and the sit- ator must keep records of the oper- uation that necessitated the dispatch ation of the engine in emergency and of the engine. non-emergency service that are re- (2) The first annual report must corded through the non-resettable hour cover the calendar year 2015 and must meter. The owner must record the time be submitted no later than March 31, of operation of the engine and the rea- 2016. Subsequent annual reports for son the engine was in operation during each calendar year must be submitted that time. no later than March 31 of the following (c) If the stationary CI internal com- calendar year. bustion engine is equipped with a diesel (3) The annual report must be sub- particulate filter, the owner or oper- mitted electronically using the subpart ator must keep records of any correc- specific reporting form in the Compli- tive action taken after the ance and Emissions Data Reporting backpressure monitor has notified the Interface (CEDRI) that is accessed owner or operator that the high through EPA’s Central Data Exchange backpressure limit of the engine is ap- (CDX) (www.epa.gov/cdx). However, if proached. the reporting form specific to this sub- (d) If you own or operate an emer- part is not available in CEDRI at the gency stationary CI ICE with a max- time that the report is due, the written imum engine power more than 100 HP report must be submitted to the Ad- that operates or is contractually obli- ministrator at the appropriate address gated to be available for more than 15 listed in § 60.4.

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(e) Owners or operators of stationary than 2,000 rpm and where n is max- CI ICE equipped with AECDs pursuant imum engine speed; and to the requirements of 40 CFR 1039.665 (iii) 7.7 g/KW-hr (5.7 g/HP-hr) when must report the use of AECDs as re- maximum engine speed is greater than quired by 40 CFR 1039.665(e). or equal to 2,000 rpm. (3) Limit the emissions of PM in the [71 FR 39172, July 11, 2006, as amended at 78 FR 6696, Jan. 30, 2013; 81 FR 44219, July 7, stationary CI internal combustion en- 2016] gine exhaust to 0.40 g/KW-hr (0.30 g/HP- hr). SPECIAL REQUIREMENTS [71 FR 39172, July 11, 2006, as amended at 76 FR 37971, June 28, 2011] § 60.4215 What requirements must I meet for engines used in Guam, § 60.4216 What requirements must I American Samoa, or the Common- meet for engines used in Alaska? wealth of the Northern Mariana Is- lands? (a) Prior to December 1, 2010, owners (a) Stationary CI ICE with a displace- and operators of stationary CI ICE ment of less than 30 liters per cylinder with a displacement of less than 30 li- that are used in Guam, American ters per cylinder located in areas of Samoa, or the Commonwealth of the Alaska not accessible by the FAHS Northern Mariana Islands are required should refer to 40 CFR part 69 to deter- to meet the applicable emission stand- mine the diesel fuel requirements ap- ards in §§ 60.4202 and 60.4205. plicable to such engines. (b) Stationary CI ICE that are used (b) Except as indicated in paragraph in Guam, American Samoa, or the (c) of this section, manufacturers, own- Commonwealth of the Northern Mar- ers and operators of stationary CI ICE iana Islands are not required to meet with a displacement of less than 10 li- the fuel requirements in § 60.4207. ters per cylinder located in remote (c) Stationary CI ICE with a displace- areas of Alaska may meet the requirement of greater than or equal to 30 li- ments of this subpart by manufac- ters per cylinder that are used in turing and installing engines meeting Guam, American Samoa, or the Com- the requirements of 40 CFR parts 94 or monwealth of the Northern Mariana Is- 1042, as appropriate, rather than the lands are required to meet the fol- otherwise applicable requirements of 40 lowing emission standards: CFR parts 89 and 1039, as indicated in (1) For engines installed prior to Jan- §§ 60.4201(f) and 60.4202(g). uary 1, 2012, limit the emissions of NOX (c) Manufacturers, owners, and opera- in the stationary CI internal combustors of stationary CI ICE that are lo- tion engine exhaust to the following: cated in remote areas of Alaska may (i) 17.0 g/KW-hr (12.7 g/HP-hr) when choose to meet the applicable emission maximum engine speed is less than 130 standards for emergency engines in rpm; §§ 60.4202 and 60.4205, and not those for (ii) 45 · n¥0.2 g/KW-hr (34 · n¥0.2 g/HP- non-emergency engines in §§ 60.4201 and hr) when maximum engine speed is 130 60.4204, except that for 2014 model year or more but less than 2,000 rpm, where and later non-emergency CI ICE, the n is maximum engine speed; and owner or operator of any such engine (iii) 9.8 g/KW-hr (7.3 g/HP-hr) when must have that engine certified as maximum engine speed is 2,000 rpm or meeting at least the Tier 3 PM stand- more. ards in 40 CFR 89.112 or 40 CFR 1042.101. (2) For engines installed on or after (d) The provisions of § 60.4207 do not January 1, 2012, limit the emissions of apply to owners and operators of pre- NOX in the stationary CI internal com- 2014 model year stationary CI ICE sub- bustion engine exhaust to the fol- ject to this subpart that are located in lowing: remote areas of Alaska. (i) 14.4 g/KW-hr (10.7 g/HP-hr) when (e) The provisions of § 60.4208(a) do maximum engine speed is less than 130 not apply to owners and operators of rpm; stationary CI ICE subject to this sub- (ii) 44 · n¥0.23 g/KW-hr (33 · n¥0.23 g/ part that are located in areas of Alaska HP-hr) when maximum engine speed is not accessible by the FAHS until after greater than or equal to 130 but less December 31, 2009.

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(f) The provisions of this section and tric Association; Chugach Electric As- § 60.4207 do not prevent owners and op- sociation; Matanuska Electric Associa- erators of stationary CI ICE subject to tion; Homer Electric Association; An- this subpart that are located in remote chorage Municipal Light & Power; and areas of Alaska from using fuels mixed the City of Seward Electric System. with used lubricating oil, in volumes of Certified emissions life means the pe- up to 1.75 percent of the total fuel. The riod during which the engine is de- sulfur content of the used lubricating signed to properly function in terms of oil must be less than 200 parts per mil- reliability and fuel consumption, with- lion. The used lubricating oil must out being remanufactured, specified as meet the on-specification levels and a number of hours of operation or cal- properties for used oil in 40 CFR 279.11. endar years, whichever comes first. The values for certified emissions life [76 FR 37971, June 28, 2011, as amended at 81 FR 44219, July 7, 2016; 84 FR 61568, Nov. 13, for stationary CI ICE with a displace- 2019] ment of less than 10 liters per cylinder are given in 40 CFR 1039.101(g). The val- § 60.4217 What emission standards ues for certified emissions life for sta- must I meet if I am an owner or op- tionary CI ICE with a displacement of erator of a stationary internal com- greater than or equal to 10 liters per bustion engine using special fuels? cylinder and less than 30 liters per cyl- Owners and operators of stationary inder are given in 40 CFR 94.9(a). CI ICE that do not use diesel fuel may Combustion turbine means all equip- petition the Administrator for ap- ment, including but not limited to the proval of alternative emission stand- turbine, the fuel, air, lubrication and ards, if they can demonstrate that they exhaust gas systems, control systems use a fuel that is not the fuel on which (except emissions control equipment), the manufacturer of the engine cer- and any ancillary components and sub- tified the engine and that the engine components comprising any simple cannot meet the applicable standards cycle combustion turbine, any regen- required in § 60.4204 or § 60.4205 using erative/recuperative cycle combustion such fuels and that use of such fuel is turbine, the combustion turbine por- appropriate and reasonably necessary, tion of any cogeneration cycle combus- considering cost, energy, technical fea- tion system, or the combustion turbine sibility, human health and environ- portion of any combined cycle steam/ mental, and other factors, for the oper- electric generating system. ation of the engine. Compression ignition means relating to a type of stationary internal com- [76 FR 37972, June 28, 2011] bustion engine that is not a spark igni- GENERAL PROVISIONS tion engine. Date of manufacture means one of the § 60.4218 What parts of the General following things: Provisions apply to me? (1) For freshly manufactured engines Table 8 to this subpart shows which and modified engines, date of manufac- parts of the General Provisions in ture means the date the engine is origi- §§ 60.1 through 60.19 apply to you. nally produced. (2) For reconstructed engines, date of DEFINITIONS manufacture means the date the engine was originally produced, except as § 60.4219 What definitions apply to this specified in paragraph (3) of this defini- subpart? tion. As used in this subpart, all terms not (3) Reconstructed engines are as- defined herein shall have the meaning signed a new date of manufacture if the given them in the CAA and in subpart fixed capital cost of the new and refur- A of this part. bished components exceeds 75 percent Alaska Railbelt Grid means the service of the fixed capital cost of a com- areas of the six regulated public utili- parable entirely new facility. An en- ties that extend from Fairbanks to An- gine that is produced from a previously chorage and the Kenai Peninsula. used engine block does not retain the These utilities are Golden Valley Elec- date of manufacture of the engine in

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which the engine block was previously Fire pump engine means an emergency used if the engine is produced using all stationary internal combustion engine new components except for the engine certified to NFPA requirements that is block. In these cases, the date of manu- used to provide power to pump water facture is the date of reconstruction or for fire suppression or protection. the date the new engine is produced. Freshly manufactured engine means an Diesel fuel means any liquid obtained engine that has not been placed into from the distillation of petroleum with service. An engine becomes freshly a boiling point of approximately 150 to manufactured when it is originally pro- 360 degrees Celsius. One commonly duced. used form is number 2 distillate oil. Installed means the engine is placed Diesel particulate filter means an emis- and secured at the location where it is sion control technology that reduces intended to be operated. PM emissions by trapping the particles in a flow filter substrate and periodi- Manufacturer has the meaning given cally removes the collected particles in section 216(1) of the Act. In general, by either physical action or by oxi- this term includes any person who dizing (burning off) the particles in a manufactures a stationary engine for process called regeneration. sale in the United States or otherwise Emergency stationary internal combus- introduces a new stationary engine tion engine means any stationary recip- into commerce in the United States. rocating internal combustion engine This includes importers who import that meets all of the criteria in para- stationary engines for sale or resale. graphs (1) through (3) of this definition. Maximum engine power means max- All emergency stationary ICE must imum engine power as defined in 40 comply with the requirements specified CFR 1039.801. in § 60.4211(f) in order to be considered Model year means the calendar year emergency stationary ICE. If the en- in which an engine is manufactured gine does not comply with the require- (see ‘‘date of manufacture’’), except as ments specified in § 60.4211(f), then it is follows: not considered to be an emergency sta- (1) Model year means the annual new tionary ICE under this subpart. model production period of the engine (1) The stationary ICE is operated to manufacturer in which an engine is provide electrical power or mechanical manufactured (see ‘‘date of manufac- work during an emergency situation. ture’’), if the annual new model produc- Examples include stationary ICE used tion period is different than the cal- to produce power for critical networks endar year and includes January 1 of or equipment (including power supplied the calendar year for which the model to portions of a facility) when electric year is named. It may not begin before power from the local utility (or the January 2 of the previous calendar year normal power source, if the facility and it must end by December 31 of the runs on its own power production) is named calendar year. interrupted, or stationary ICE used to (2) For an engine that is converted to pump water in the case of fire or flood, etc. a stationary engine after being placed (2) The stationary ICE is operated into service as a nonroad or other non- under limited circumstances for situa- stationary engine, model year means tions not included in paragraph (1) of the calendar year or new model produc- this definition, as specified in tion period in which the engine was § 60.4211(f). manufactured (see ‘‘date of manufac- (3) The stationary ICE operates as ture’’). part of a financial arrangement with Other internal combustion engine another entity in situations not in- means any internal combustion engine, cluded in paragraph (1) of this defini- except combustion turbines, which is tion only as allowed in § 60.4211(f)(2)(ii) not a reciprocating internal combus- or (iii) and § 60.4211(f)(3)(i). tion engine or rotary internal combus- Engine manufacturer means the manu- tion engine. facturer of the engine. See the defini- Reciprocating internal combustion en- tion of ‘‘manufacturer’’ in this section. gine means any internal combustion

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engine which uses reciprocating mo- other sparking device) and with oper- tion to convert heat energy into me- ating characteristics significantly chanical work. similar to the theoretical Otto combus- Remote areas of Alaska means areas of tion cycle. Spark ignition engines usu- Alaska that meet either paragraph (1) ally use a throttle to regulate intake or (2) of this definition. air flow to control power during nor- (1) Areas of Alaska that are not ac- mal operation. Dual-fuel engines in cessible by the Federal Aid Highway which a liquid fuel (typically diesel System (FAHS). fuel) is used for CI and gaseous fuel (2) Areas of Alaska that meet all of (typically natural gas) is used as the the following criteria: primary fuel at an annual average (i) The only connection to the FAHS ratio of less than 2 parts diesel fuel to is through the Alaska Marine Highway 100 parts total fuel on an energy equiv- System, or the stationary CI ICE oper- alent basis are spark ignition engines. ation is within an isolated grid in Alas- Stationary internal combustion engine ka that is not connected to the state- means any internal combustion engine, wide electrical grid referred to as the except combustion turbines, that con- Alaska Railbelt Grid. verts heat energy into mechanical (ii) At least 10 percent of the power work and is not mobile. Stationary ICE generated by the stationary CI ICE on differ from mobile ICE in that a sta- an annual basis is used for residential tionary internal combustion engine is purposes. not a nonroad engine as defined at 40 (iii) The generating capacity of the CFR 1068.30 (excluding paragraph (2)(ii) source is less than 12 megawatts, or the of that definition), and is not used to stationary CI ICE is used exclusively propel a motor vehicle, aircraft, or a for backup power for renewable energy. vehicle used solely for competition. Rotary internal combustion engine Stationary ICE include reciprocating means any internal combustion engine ICE, rotary ICE, and other ICE, except which uses rotary motion to convert combustion turbines. heat energy into mechanical work. Subpart means 40 CFR part 60, sub- Spark ignition means relating to a part IIII. gasoline, natural gas, or liquefied pe- [71 FR 39172, July 11, 2006, as amended at 76 troleum gas fueled engine or any other FR 37972, June 28, 2011; 78 FR 6696, Jan. 30, type of engine with a spark plug (or 2013; 81 FR 44219, July 7, 2016]

TABLE 1 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR STATIONARY PRE- 2007 MODEL YEAR ENGINES WITH A DISPLACEMENT OF <10 LITERS PER CYLINDER AND 2007–2010 MODEL YEAR ENGINES >2,237 KW (3,000 HP) AND WITH A DISPLACE- MENT OF <10 LITERS PER CYLINDER [As stated in §§ 60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the following emission standards]

Emission standards for stationary pre-2007 model year engines with a displacement of <10 liters per cylinder and 2007–2010 model year engines >2,237 KW (3,000 HP) and with a displacement of <10 liters per Maximum engine power cylinder in g/KW-hr (g/HP-hr) NMHC + HC NOX CO PM NOX

KW<8 (HP<11) ...... 10.5 (7.8) ...... 8.0 (6.0) 1.0 (0.75) 8≤KW<19 (11≤HP<25) ...... 9.5 (7.1) ...... 6.6 (4.9) 0.80 (0.60) 19≤KW<37 (25≤HP<50) ...... 9.5 (7.1) ...... 5.5 (4.1) 0.80 (0.60) 37≤KW<56 (50≤HP<75) ...... 9.2 (6.9) ...... 56≤KW<75 (75≤HP<100) ...... 9.2 (6.9) ...... 75≤KW<130 (100≤HP<175) ...... 9.2 (6.9) ...... 130≤KW<225 (175≤HP<300) ...... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40) 225≤KW<450 (300≤HP<600) ...... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40) 450≤KW≤560 (600≤HP≤750) ...... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40) KW>560 (HP>750) ...... 1.3 (1.0) 9.2 (6.9) 11.4 (8.5) 0.54 (0.40)

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TABLE 2 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR 2008 MODEL YEAR AND LATER EMERGENCY STATIONARY CI ICE <37 KW (50 HP) WITH A DISPLACE- MENT OF <10 LITERS PER CYLINDER [As stated in § 60.4202(a)(1), you must comply with the following emission standards]

Emission standards for 2008 model year and later emergency stationary CI ICE <37 KW (50 HP) with a displacement of <10 liters per cylinder in g/KW-hr (g/ Engine power HP-hr)

Model NOX + year(s) NMHC CO PM

KW<8 (HP<11) ...... 2008 + 7.5 (5.6) 8.0 (6.0) 0.40 (0.30) 8≤KW<19 (11≤HP<25) ...... 2008 + 7.5 (5.6) 6.6 (4.9) 0.40 (0.30) 19≤KW<37 (25≤HP<50) ...... 2008 + 7.5 (5.6) 5.5 (4.1) 0.30 (0.22)

TABLE 3 TO SUBPART IIII OF PART 60—CERTIFICATION REQUIREMENTS FOR STATIONARY FIRE PUMP ENGINES

As stated in § 60.4202(d), you must certify new stationary fire As stated in § 60.4202(d), you must certify new stationary fire pump engines beginning with the following model years: pump engines beginning with the following model years:

Starting model Starting model year engine year engine manufacturers manufacturers must certify must certify Engine new Engine new power stationary power stationary fire pump fire pump engines engines according to according to § 60.4202(d)1 § 60.4202(d)1

KW<75 ...... KW>560 ...... (HP<100) ...... 2011 (HP>750) ...... 2008 75≤KW<130 ...... 1Manufacturers of fire pump stationary CI ICE with a max- (100≤HP<175) ...... 2010 imum engine power greater than or equal to 37 kW (50 HP) 130≤KW≤560 ...... and less than 450 KW (600 HP) and a rated speed of greater (175≤HP≤750) ...... 2009 than 2,650 revolutions per minute (rpm) are not required to certify such engines until three model years following the model year indicated in this Table 3 for engines in the applicable engine power category.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37972, June 28, 2011]

TABLE 4 TO SUBPART IIII OF PART 60—EMISSION STANDARDS FOR STATIONARY FIRE PUMP ENGINES [As stated in §§ 60.4202(d) and 60.4205(c), you must comply with the following emission standards for stationary fire pump engines]

Maximum engine power Model year(s) NMHC + CO PM NOX

KW<8 (HP<11) ...... 2010 and earlier ...... 10.5 (7.8) 8.0 (6.0) 1.0 (0.75) ...... 2011 + ...... 7.5 (5.6) ...... 0.40 (0.30) 8≤KW<19 (11≤HP<25) ...... 2010 and earlier ...... 9.5 (7.1) 6.6 (4.9) 0.80 (0.60) ...... 2011 + ...... 7.5 (5.6) ...... 0.40 (0.30) 19≤KW<37 (25≤HP<50) ...... 2010 and earlier ...... 9.5 (7.1) 5.5 (4.1) 0.80 (0.60) ...... 2011 + ...... 7.5 (5.6) ...... 0.30 (0.22) 37≤KW<56 (50≤HP<75) ...... 2010 and earlier ...... 10.5 (7.8) 5.0 (3.7) 0.80 (0.60) ...... 2011 + 1 ...... 4.7 (3.5) ...... 0.40 (0.30) 56≤KW<75 (75≤HP<100) ...... 2010 and earlier ...... 10.5 (7.8) 5.0 (3.7) 0.80 (0.60) ...... 2011 + 1 ...... 4.7 (3.5) ...... 0.40 (0.30) 75≤KW<130 (100≤HP<175) ...... 2009 and earlier ...... 10.5 (7.8) 5.0 (3.7) 0.80 (0.60) ...... 2010 + 2 ...... 4.0 (3.0) ...... 0.30 (0.22) 130≤KW<225 (175≤HP<300) ...... 2008 and earlier ...... 10.5 (7.8) 3.5 (2.6) 0.54 (0.40) ...... 2009 + 3 ...... 4.0 (3.0) ...... 0.20 (0.15) 225≤KW<450 (300≤HP<600) ...... 2008 and earlier ...... 10.5 (7.8) 3.5 (2.6) 0.54 (0.40) ...... 2009 + 3 ...... 4.0 (3.0) ...... 0.20 (0.15) 450≤KW≤560 (600≤HP≤750) ...... 2008 and earlier ...... 10.5 (7.8) 3.5 (2.6) 0.54 (0.40) ...... 2009 + ...... 4.0 (3.0) ...... 0.20 (0.15) KW>560 (HP>750) ...... 2007 and earlier ...... 10.5 (7.8) 3.5 (2.6) 0.54 (0.40)

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[As stated in §§ 60.4202(d) and 60.4205(c), you must comply with the following emission standards for stationary fire pump engines]

Maximum engine power Model year(s) NMHC + CO PM NOX

...... 2008 + ...... 6.4 (4.8) ...... 0.20 (0.15) 1 For model years 2011–2013, manufacturers, owners and operators of fire pump stationary CI ICE in this engine power category with a rated speed of greater than 2,650 revolutions per minute (rpm) may comply with the emission limitations for 2010 model year engines. 2 For model years 2010–2012, manufacturers, owners and operators of fire pump stationary CI ICE in this engine power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2009 model year engines. 3 In model years 2009–2011, manufacturers of fire pump stationary CI ICE in this engine power category with a rated speed of greater than 2,650 rpm may comply with the emission limitations for 2008 model year engines.

TABLE 5 TO SUBPART IIII OF PART 60—LABELING AND RECORDKEEPING REQUIREMENTS FOR NEW STATIONARY EMERGENCY ENGINES [You must comply with the labeling requirements in § 60.4210(f) and the recordkeeping requirements in § 60.4214(b) for new emergency stationary CI ICE beginning in the following model years:]

Engine power Starting model year

19≤KW<56 (25≤HP<75) ...... 2013 56≤KW<130 (75≤HP<175) ...... 2012 KW≥130 (HP≥175) ...... 2011

TABLE 6 TO SUBPART IIII OF PART 60—OPTIONAL 3-MODE TEST CYCLE FOR STATIONARY FIRE PUMP ENGINES [As stated in § 60.4210(g), manufacturers of fire pump engines may use the following test cycle for testing fire pump engines:]

Torque Weighting Mode No. Engine speed 1 (percent) 2 factors

1 ...... Rated ...... 100 0.30

2 ...... Rated ...... 75 0.50

3 ...... Rated ...... 50 0.20 1 Engine speed: ±2 percent of point. 2 Torque: NFPA certified nameplate HP for 100 percent point. All points should be ±2 percent of engine percent load value.

TABLE 7 TO SUBPART IIII OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS FOR STATIONARY CI ICE WITH A DISPLACEMENT OF ≥30 LITERS PER CYLINDER

As stated in § 60.4213, you must comply with the following requirements for performance tests for stationary CI ICE with a displacement of ≥30 liters per cylinder:

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Complying with the re- According to the fol- Each quirement to You must Using lowing requirements

1. Stationary CI internal a. Reduce NOX emis- i. Select the sampling (a) For NOX, O2, and combustion engine sions by 90 percent port location and moisture measure- with a displacement or more;. number/location of ment, ducts ≤6 of ≥ 30 liters per cyl- traverse points at the inches in diameter inder. inlet and outlet of the may be sampled at a control device;. single point located at the duct centroid and ducts >6 and ≤12 inches in diameter may be sampled at 3 traverse points located at 16.7, 50.0, and 83.3% of the measurement line (’3-point long line’). If the duct is >12 inches in diameter and the sampling port location meets the two and half-diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, appendix A– 1, the duct may be sampled at ’3-point long line’; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, appendix A–4. ii. Measure O2 at the (1) Method 3, 3A, or 3B (b) Measurements to inlet and outlet of the of 40 CFR part 60, determine O2 con- control device;. appendix A–2. centration must be made at the same time as the measurements for NOX concentration. iii. If necessary, meas- (2) Method 4 of 40 (c) Measurements to ure moisture content CFR part 60, appen- determine moisture at the inlet and outlet dix A–3, Method 320 content must be of the control device; of 40 CFR part 63, made at the same and appendix A, or ASTM time as the measure- D 6348–03 (incor- ments for NOX con- porated by reference, centration. see § 60.17). iv. Measure NOX at the (3) Method 7E of 40 (d) NOX concentration inlet and outlet of the CFR part 60, appen- must be at 15 per- control device.. dix A–4, Method 320 cent O2, dry basis. of 40 CFR part 63, Results of this test appendix A, or ASTM consist of the aver- D 6348–03 (incor- age of the three 1- porated by reference, hour or longer runs. see § 60.17).

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Complying with the re- According to the fol- Each quirement to You must Using lowing requirements

b. Limit the concentra- i. Select the sampling (a) For NOX, O2, and tion of NOX in the port location and moisture measure- stationary CI internal number/location of ment, ducts ≤6 combustion engine traverse points at the inches in diameter exhaust.. exhaust of the sta- may be sampled at a tionary internal com- single point located bustion engine;. at the duct centroid and ducts >6 and ≤12 inches in diameter may be sampled at 3 traverse points located at 16.7, 50.0, and 83.3% of the measurement line (’3-point long line’). If the duct is >12 inches in diameter and the sampling port location meets the two and half-diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, appendix A– 1, the duct may be sampled at ’3-point long line’; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, appendix A–4.

ii. Determine the O2 (1) Method 3, 3A, or 3B (b) Measurements to concentration of the of 40 CFR part 60, determine O2 con- stationary internal appendix A–2. centration must be combustion engine made at the same exhaust at the sam- time as the measure- pling port location;. ment for NOX concentration. iii. If necessary, meas- (2) Method 4 of 40 (c) Measurements to ure moisture content CFR part 60, appen- determine moisture of the stationary in- dix A–3, Method 320 content must be ternal combustion en- of 40 CFR part 63, made at the same gine exhaust at the appendix A, or ASTM time as the measure- sampling port loca- D 6348–03 (incor- ment for NOX con- tion; and porated by reference, centration. see § 60.17).

iv. Measure NOX at the (3) Method 7E of 40 (d) NOX concentration exhaust of the sta- CFR part 60, appen- must be at 15 per- tionary internal com- dix A–4, Method 320 cent O2, dry basis. bustion engine; if of 40 CFR part 63, Results of this test using a control de- appendix A, or ASTM consist of the aver- vice, the sampling D 6348–03 (incor- age of the three 1- site must be located porated by reference, hour or longer runs. at the outlet of the see § 60.17). control device.. c. Reduce PM emis- i. Select the sampling (1) Method 1 or 1A of (a) Sampling sites must sions by 60 percent port location and the 40 CFR part 60, ap- be located at the inlet or more. number of traverse pendix A–1. and outlet of the con- points;. trol device.

ii. Measure O2 at the (2) Method 3, 3A, or 3B (b) Measurements to inlet and outlet of the of 40 CFR part 60, determine O2 con- control device;. appendix A–2. centration must be made at the same time as the measurements for PM concentration.

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Complying with the re- According to the fol- Each quirement to You must Using lowing requirements

iii. If necessary, meas- (3) Method 4 of 40 (c) Measurements to ure moisture content CFR part 60, appen- determine and mois- at the inlet and outlet dix A–3. ture content must be of the control device; made at the same and time as the measurements for PM concentration. iv. Measure PM at the (4) Method 5 of 40 (d) PM concentration inlet and outlet of the CFR part 60, appen- must be at 15 per- control device.. dix A–3. cent O2, dry basis. Results of this test consist of the average of the three 1- hour or longer runs. d. Limit the concentra- i. Select the sampling (1) Method 1 or 1A of (a) If using a control tion of PM in the sta- port location and the 40 CFR part 60, ap- device, the sampling tionary CI internal number of traverse pendix A–1. site must be located combustion engine points;. at the outlet of the exhaust. control device.

ii. Determine the O2 (2) Method 3, 3A, or 3B (b) Measurements to concentration of the of 40 CFR part 60, determine O2 con- stationary internal appendix A–2. centration must be combustion engine made at the same exhaust at the sam- time as the measure- pling port location;. ments for PM concentration. iii. If necessary, meas- (3) Method 4 of 40 (c) Measurements to ure moisture content CFR part 60, appen- determine moisture of the stationary in- dix A–3. content must be ternal combustion en- made at the same gine exhaust at the time as the measure- sampling port loca- ments for PM con- tion; and centration. iv. Measure PM at the (4) Method 5 of 40 (d) PM concentration exhaust of the sta- CFR part 60, appen- must be at 15 per- tionary internal com- dix A–3. cent O2, dry basis. bustion engine.. Results of this test consist of the average of the three 1- hour or longer runs.

[79 FR 11251, Feb. 27, 2014]

TABLE 8 TO SUBPART IIII OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII [As stated in § 60.4218, you must comply with the following applicable General Provisions:]

Applies General Provisions Subject of citation to Explanation citation subpart

§ 60.1 ...... General applicability of the General Provi- Yes. sions. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.4219. § 60.3 ...... Units and abbreviations ...... Yes. § 60.4 ...... Address ...... Yes. § 60.5 ...... Determination of construction or modifica- Yes. tion. § 60.6 ...... Review of plans ...... Yes. § 60.7 ...... Notification and Recordkeeping ...... Yes ...... Except that § 60.7 only applies as specified in § 60.4214(a). § 60.8 ...... Performance tests...... Yes ...... Except that § 60.8 only applies to stationary CI ICE with a displacement of (≥30 liters per cylinder and engines that are not certified. § 60.9 ...... Availability of information ...... Yes. § 60.10 ...... State Authority ...... Yes. § 60.11 ...... Compliance with standards and mainte- No ...... Requirements are specified in subpart IIII. nance requirements. § 60.12 ...... Circumvention ...... Yes.

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[As stated in § 60.4218, you must comply with the following applicable General Provisions:]

Applies General Provisions Subject of citation to Explanation citation subpart

§ 60.13 ...... Monitoring requirements ...... Yes ...... Except that § 60.13 only applies to stationary CI ICE with a displacement of (≥30 liters per cylinder. § 60.14 ...... Modification ...... Yes. § 60.15 ...... Reconstruction ...... Yes. § 60.16 ...... Priority list ...... Yes. § 60.17 ...... Incorporations by reference ...... Yes. § 60.18 ...... General control device requirements ...... No. § 60.19 ...... General notification and reporting require- Yes. ments.

Subpart JJJJ—Standards of Per- scribed in this subpart and where the formance for Stationary Spark date of manufacture is: Ignition Internal Combustion (i) On or after July 1, 2007, for engines with a maximum engine power Engines greater than or equal to 500 HP (except lean burn engines with a maximum en- SOURCE: 73 FR 3591, Jan. 18, 2008, unless gine power greater than or equal to 500 otherwise noted. HP and less than 1,350 HP); (ii) On or after January 1, 2008, for WHAT THIS SUBPART COVERS lean burn engines with a maximum engine power greater than or equal to 500 § 60.4230 Am I subject to this subpart? HP and less than 1,350 HP; (a) The provisions of this subpart are (iii) On or after July 1, 2008, for en- applicable to manufacturers, owners, gines with a maximum engine power and operators of stationary spark igni- less than 500 HP; or tion (SI) internal combustion engines (iv) On or after January 1, 2009, for (ICE) as specified in paragraphs (a)(1) emergency engines. through (6) of this section. For the pur- (4) Owners and operators of sta- poses of this subpart, the date that tionary SI ICE that commence con- construction commences is the date struction after June 12, 2006, where the the engine is ordered by the owner or stationary SI ICE are manufactured: operator. (i) On or after July 1, 2007, for en- (1) Manufacturers of stationary SI gines with a maximum engine power ICE with a maximum engine power less greater than or equal to 500 HP (except than or equal to 19 kilowatt (KW) (25 lean burn engines with a maximum en- horsepower (HP)) that are manufac- gine power greater than or equal to 500 tured on or after July 1, 2008. HP and less than 1,350 HP); (2) Manufacturers of stationary SI (ii) on or after January 1, 2008, for ICE with a maximum engine power lean burn engines with a maximum en- greater than 19 KW (25 HP) that are gine power greater than or equal to 500 gasoline fueled or that are rich burn HP and less than 1,350 HP; engines fueled by liquefied petroleum (iii) on or after July 1, 2008, for en- gas (LPG), where the date of manufac- gines with a maximum engine power ture is: less than 500 HP; or (i) On or after July 1, 2008; or (iv) on or after January 1, 2009, for (ii) On or after January 1, 2009, for emergency engines with a maximum emergency engines. engine power greater than 19 KW (25 (3) Manufacturers of stationary SI HP). ICE with a maximum engine power (5) Owners and operators of sta- greater than 19 KW (25 HP) that are not tionary SI ICE that are modified or re- gasoline fueled and are not rich burn constructed after June 12, 2006, and any engines fueled by LPG, where the man- person that modifies or reconstructs ufacturer participates in the voluntary any stationary SI ICE after June 12, manufacturer certification program de- 2006.

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(6) The provisions of § 60.4236 of this request an exemption for national se- subpart are applicable to all owners curity. and operators of stationary SI ICE that (f) Owners and operators of facilities commence construction after June 12, with internal combustion engines that 2006. are acting as temporary replacement (b) The provisions of this subpart are units and that are located at a sta- not applicable to stationary SI ICE tionary source for less than 1 year and being tested at an engine test cell/ that have been properly certified as stand. meeting the standards that would be (c) If you are an owner or operator of applicable to such engine under the ap- an area source subject to this subpart, propriate nonroad engine provisions, you are exempt from the obligation to are not required to meet any other pro- obtain a permit under 40 CFR part 70 or visions under this subpart with regard 40 CFR part 71, provided you are not re- to such engines. quired to obtain a permit under 40 CFR [73 FR 3591, Jan. 18, 2008, as amended at 76 70.3(a) or 40 CFR 71.3(a) for a reason FR 37972, June 28, 2011] other than your status as an area source under this subpart. Notwith- EMISSION STANDARDS FOR standing the previous sentence, you MANUFACTURERS must continue to comply with the pro- § 60.4231 What emission standards visions of this subpart as applicable. must I meet if I am a manufacturer (d) For the purposes of this subpart, of stationary SI internal combus- stationary SI ICE using alcohol-based tion engines or equipment con- fuels are considered gasoline engines. taining such engines? (e) Stationary SI ICE may be eligible (a) Stationary SI internal combus- for exemption from the requirements tion engine manufacturers must certify of this subpart as described in 40 CFR their stationary SI ICE with a max- part 1068, subpart C (or the exemptions imum engine power less than or equal described in 40 CFR parts 90 and 1048, to 19 KW (25 HP) manufactured on or for engines that would need to be cer- after July 1, 2008 to the certification tified to standards in those parts), ex- emission standards and other require- cept that owners and operators, as well ments for new nonroad SI engines in 40 as manufacturers, may be eligible to CFR part 90 or 1054, as follows:

the engine must meet emission standards and related If engine displacement is * * * and manufacturing dates are * * * requirements for nonhandheld engines under * * *

(1) below 225 cc ...... July 1, 2008 to December 31, 2011 .... 40 CFR part 90. (2) below 225 cc ...... January 1, 2012 or later ...... 40 CFR part 1054. (3) at or above 225 cc ...... July 1, 2008 to December 31, 2010 ..... 40 CFR part 90. (4) at or above 225 cc ...... January 1, 2011 or later ...... 40 CFR part 1054.

(b) Stationary SI internal combus- engines in 40 CFR part 1048. Stationary tion engine manufacturers must certify SI internal combustion engine manu- their stationary SI ICE with a max- facturers must certify their emergency imum engine power greater than 19 KW stationary SI ICE with a maximum en- (25 HP) (except emergency stationary gine power greater than 25 HP and less ICE with a maximum engine power than 130 HP that use gasoline and that greater than 25 HP and less than 130 are manufactured on or after the appli- HP) that use gasoline and that are cable date in § 60.4230(a)(4) to the Phase manufactured on or after the applica- 1 emission standards in 40 CFR 90.103, ble date in § 60.4230(a)(2), or manufac- applicable to class II engines, and other tured on or after the applicable date in requirements for new nonroad SI en- § 60.4230(a)(4) for emergency stationary gines in 40 CFR part 90. Stationary SI ICE with a maximum engine power internal combustion engine manufac- greater than or equal to 130 HP, to the turers may certify their stationary SI certification emission standards and ICE with a maximum engine power less other requirements for new nonroad SI than or equal to 30 KW (40 HP) with a

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total displacement less than or equal in 40 CFR part 1048. Stationary SI in- to 1,000 cubic centimeters (cc) that use ternal combustion engine manufactur- gasoline to the certification emission ers who choose to certify their emer- standards and other requirements for gency stationary SI ICE greater than new nonroad SI engines in 40 CFR part 25 HP and less than 130 HP (except gas- 90 or 1054, as appropriate. oline and rich burn engines that use (c) Stationary SI internal combus- LPG), must certify those engines to tion engine manufacturers must certify the Phase 1 emission standards in 40 their stationary SI ICE with a max- CFR 90.103, applicable to class II en- imum engine power greater than 19 KW gines, for new nonroad SI engines in 40 (25 HP) (except emergency stationary CFR part 90. Stationary SI internal ICE with a maximum engine power combustion engine manufacturers may greater than 25 HP and less than 130 certify their stationary SI ICE with a HP) that are rich burn engines that use maximum engine power less than or LPG and that are manufactured on or equal to 30 KW (40 HP) with a total dis- after the applicable date in placement less than or equal to 1,000 cc § 60.4230(a)(2), or manufactured on or (except gasoline and rich burn engines after the applicable date in that use LPG) to the certification § 60.4230(a)(4) for emergency stationary emission standards for new nonroad SI ICE with a maximum engine power engines in 40 CFR part 90 or 1054, as ap- greater than or equal to 130 HP, to the propriate. For stationary SI ICE with a certification emission standards and maximum engine power greater than 19 other requirements for new nonroad SI KW (25 HP) and less than 75 KW (100 engines in 40 CFR part 1048. Stationary HP) (except gasoline and rich burn en- SI internal combustion engine manu- gines that use LPG and emergency sta- facturers must certify their emergency tionary ICE with a maximum engine stationary SI ICE greater than 25 HP power greater than 25 HP and less than and less than 130 HP that are rich burn 130 HP) manufactured prior to January engines that use LPG and that are 1, 2011, manufacturers may choose to manufactured on or after the applica- certify these engines to the standards ble date in § 60.4230(a)(4) to the Phase 1 in Table 1 to this subpart applicable to emission standards in 40 CFR 90.103, ap- engines with a maximum engine power plicable to class II engines, and other greater than or equal to 100 HP and less requirements for new nonroad SI en- than 500 HP. gines in 40 CFR part 90. Stationary SI (e) Stationary SI internal combus- internal combustion engine manufac- tion engine manufacturers who choose turers may certify their stationary SI to certify their stationary SI ICE with ICE with a maximum engine power less a maximum engine power greater than than or equal to 30 KW (40 HP) with a or equal to 75 KW (100 HP) (except gas- total displacement less than or equal oline and rich burn engines that use to 1,000 cc that are rich burn engines LPG) under the voluntary manufac- that use LPG to the certification emis- turer certification program described sion standards and other requirements in this subpart must certify those en- for new nonroad SI engines in 40 CFR gines to the emission standards in part 90 or 1054, as appropriate. Table 1 to this subpart. Stationary SI (d) Stationary SI internal combus- internal combustion engine manufac- tion engine manufacturers who choose turers may certify their stationary SI to certify their stationary SI ICE with ICE with a maximum engine power a maximum engine power greater than greater than or equal to 75 KW (100 HP) 19 KW (25 HP) and less than 75 KW (100 that are lean burn engines that use HP) (except gasoline and rich burn en- LPG to the certification emission gines that use LPG and emergency sta- standards for new nonroad SI engines tionary ICE with a maximum engine in 40 CFR part 1048. For stationary SI power greater than 25 HP and less than ICE with a maximum engine power 130 HP) under the voluntary manufac- greater than or equal to 100 HP (75 KW) turer certification program described and less than 500 HP (373 KW) manufac- in this subpart must certify those en- tured prior to January 1, 2011, and for gines to the certification emission stationary SI ICE with a maximum en- standards for new nonroad SI engines gine power greater than or equal to 500

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HP (373 KW) manufactured prior to date in § 60.4230(a)(4) that use gasoline July 1, 2010, manufacturers may choose must comply with the emission stand- to certify these engines to the certifi- ards in § 60.4231(b) for their stationary cation emission standards for new SI ICE. nonroad SI engines in 40 CFR part 1048 (c) Owners and operators of sta- applicable to engines that are not se- tionary SI ICE with a maximum engine vere duty engines. power greater than 19 KW (25 HP) man- (f) Manufacturers of equipment con- ufactured on or after the applicable taining stationary SI internal combus- date in § 60.4230(a)(4) that are rich burn tion engines meeting the provisions of engines that use LPG must comply 40 CFR part 1054 must meet the provi- with the emission standards in sions of 40 CFR part 1060, to the extent § 60.4231(c) for their stationary SI ICE. they apply to equipment manufactur- (d) Owners and operators of sta- ers. tionary SI ICE with a maximum engine (g) Notwithstanding the require- power greater than 19 KW (25 HP) and ments in paragraphs (a) through (c) of less than 75 KW (100 HP) (except gaso- this section, stationary SI internal line and rich burn engines that use combustion engine manufacturers are LPG) must comply with the emission not required to certify reconstructed standards for field testing in 40 CFR engines; however manufacturers may 1048.101(c) for their non-emergency sta- elect to do so. The reconstructed en- tionary SI ICE and with the emission gine must be certified to the emission standards in Table 1 to this subpart for standards specified in paragraphs (a) their emergency stationary SI ICE. through (e) of this section that are ap- Owners and operators of stationary SI plicable to the model year, maximum ICE with a maximum engine power engine power and displacement of the greater than 19 KW (25 HP) and less reconstructed stationary SI ICE. than 75 KW (100 HP) manufactured [73 FR 3591, Jan. 18, 2008, as amended at 73 prior to January 1, 2011, that were cer- FR 59175, Oct. 8, 2008; 76 FR 37973, June 28, tified to the standards in Table 1 to 2011; 78 FR 6697, Jan. 30, 2013] this subpart applicable to engines with a maximum engine power greater than § 60.4232 How long must my engines or equal to 100 HP and less than 500 HP, meet the emission standards if I am a manufacturer of stationary SI in- may optionally choose to meet those ternal combustion engines? standards. (e) Owners and operators of sta- Engines manufactured by stationary tionary SI ICE with a maximum engine SI internal combustion engine manu- power greater than or equal to 75 KW facturers must meet the emission (100 HP) (except gasoline and rich burn standards as required in § 60.4231 during engines that use LPG) must comply the certified emissions life of the en- with the emission standards in Table 1 gines. to this subpart for their stationary SI EMISSION STANDARDS FOR OWNERS AND ICE. For owners and operators of sta- OPERATORS tionary SI ICE with a maximum engine power greater than or equal to 100 HP § 60.4233 What emission standards (except gasoline and rich burn engines must I meet if I am an owner or op- that use LPG) manufactured prior to erator of a stationary SI internal January 1, 2011 that were certified to combustion engine? the certification emission standards in (a) Owners and operators of sta- 40 CFR part 1048 applicable to engines tionary SI ICE with a maximum engine that are not severe duty engines, if power less than or equal to 19 KW (25 such stationary SI ICE was certified to HP) manufactured on or after July 1, a carbon monoxide (CO) standard above 2008, must comply with the emission the standard in Table 1 to this subpart, standards in § 60.4231(a) for their sta- then the owners and operators may tionary SI ICE. meet the CO certification (not field (b) Owners and operators of sta- testing) standard for which the engine tionary SI ICE with a maximum engine was certified. power greater than 19 KW (25 HP) man- (f) Owners and operators of any modi- ufactured on or after the applicable fied or reconstructed stationary SI ICE

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subject to this subpart must meet the HP-hr for non-emergency engines less requirements as specified in paragraphs than 100 HP), and a volatile organic (f)(1) through (5) of this section. compounds (VOC) emission standard of (1) Owners and operators of sta- 1.0 g/HP-hr, or a NOX emission standard tionary SI ICE with a maximum engine of 250 ppmvd at 15 percent oxygen (O2), power less than or equal to 19 KW (25 a CO emission standard 540 ppmvd at 15 HP), that are modified or reconstructed percent O2 (675 ppmvd at 15 percent O2 after June 12, 2006, must comply with for non-emergency engines less than emission standards in § 60.4231(a) for 100 HP), and a VOC emission standard their stationary SI ICE. Engines with a of 86 ppmvd at 15 percent O2, where the date of manufacture prior to July 1, date of manufacture of the engine is: 2008 must comply with the emission (i) Prior to July 1, 2007, for non-emer- standards specified in § 60.4231(a) appli- gency engines with a maximum engine cable to engines manufactured on July power greater than or equal to 500 HP 1, 2008. (except lean burn natural gas engines (2) Owners and operators of sta- and LPG engines with a maximum en- tionary SI ICE with a maximum engine gine power greater than or equal to 500 power greater than 19 KW (25 HP) that HP and less than 1,350 HP); are gasoline engines and are modified (ii) Prior to July 1, 2008, for non- or reconstructed after June 12, 2006, emergency engines with a maximum must comply with the emission stand- engine power less than 500 HP; ards in § 60.4231(b) for their stationary (iii) Prior to January 1, 2009, for SI ICE. Engines with a date of manu- emergency engines; facture prior to July 1, 2008 (or January (iv) Prior to January 1, 2008, for non- 1, 2009 for emergency engines) must emergency lean burn natural gas en- comply with the emission standards gines and LPG engines with a max- specified in § 60.4231(b) applicable to en- imum engine power greater than or gines manufactured on July 1, 2008 (or equal to 500 HP and less than 1,350 HP. January 1, 2009 for emergency engines). (5) Owners and operators of sta- (3) Owners and operators of stationary SI landfill/digester gas ICE en- tionary SI ICE with a maximum engine gines with a maximum engine power power greater than 19 KW (25 HP) that greater than 19 KW (25 HP), that are are rich burn engines that use LPG, modified or reconstructed after June that are modified or reconstructed 12, 2006, must comply with the same after June 12, 2006, must comply with emission standards as those specified the same emission standards as those in paragraph (e) of this section for sta- specified in § 60.4231(c). Engines with a tionary landfill/digester gas engines. date of manufacture prior to July 1, Engines with maximum engine power 2008 (or January 1, 2009 for emergency less than 500 HP and a date of manufac- engines) must comply with the emis- ture prior to July 1, 2008 must comply sion standards specified in § 60.4231(c) with the emission standards specified applicable to engines manufactured on in paragraph (e) of this section for sta- July 1, 2008 (or January 1, 2009 for tionary landfill/digester gas ICE with a emergency engines). maximum engine power less than 500 (4) Owners and operators of sta- HP manufactured on July 1, 2008. En- tionary SI natural gas and lean burn gines with a maximum engine power LPG engines with a maximum engine greater than or equal to 500 HP (except power greater than 19 KW (25 HP), that lean burn engines greater than or equal are modified or reconstructed after to 500 HP and less than 1,350 HP) and a June 12, 2006, must comply with the date of manufacture prior to July 1, same emission standards as those spec- 2007 must comply with the emission ified in paragraph (d) or (e) of this sec- standards specified in paragraph (e) of tion, except that such owners and oper- this section for stationary landfill/di- ators of non-emergency engines and gester gas ICE with a maximum engine emergency engines greater than or power greater than or equal to 500 HP equal to 130 HP must meet a nitrogen (except lean burn engines greater than oxides (NOX) emission standard of 3.0 or equal to 500 HP and less than 1,350 grams per HP-hour (g/HP-hr), a CO HP) manufactured on July 1, 2007. Lean emission standard of 4.0 g/HP-hr (5.0 g/ burn engines greater than or equal to

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500 HP and less than 1,350 HP with a OTHER REQUIREMENTS FOR OWNERS AND date of manufacture prior to January OPERATORS 1, 2008 must comply with the emission standards specified in paragraph (e) of § 60.4235 What fuel requirements must this section for stationary landfill/di- I meet if I am an owner or operator of a stationary SI gasoline fired in- gester gas ICE that are lean burn en- ternal combustion engine subject to gines greater than or equal to 500 HP this subpart? and less than 1,350 HP and manufactured on January 1, 2008. Owners and operators of stationary SI ICE subject to this subpart that use (g) Owners and operators of sta- gasoline must use gasoline that meets tionary SI wellhead gas ICE engines the per gallon sulfur limit in 40 CFR may petition the Administrator for ap- 80.195. proval on a case-by-case basis to meet emission standards no less stringent § 60.4236 What is the deadline for im- than the emission standards that apply porting or installing stationary SI to stationary emergency SI engines ICE produced in previous model greater than 25 HP and less than 130 HP years? due to the presence of high sulfur lev- (a) After July 1, 2010, owners and op- els in the fuel, as specified in Table 1 to erators may not install stationary SI this subpart. The request must, at a ICE with a maximum engine power of minimum, demonstrate that the fuel less than 500 HP that do not meet the has high sulfur levels that prevent the applicable requirements in § 60.4233. use of aftertreatment controls and also (b) After July 1, 2009, owners and op- that the owner has reasonably made all erators may not install stationary SI attempts possible to obtain an engine ICE with a maximum engine power of that will meet the standards without greater than or equal to 500 HP that do the use of aftertreatment controls. The not meet the applicable requirements petition must request the most strin- in § 60.4233, except that lean burn en- gent standards reasonably applicable gines with a maximum engine power to the engine using the fuel. greater than or equal to 500 HP and less (h) Owners and operators of sta- than 1,350 HP that do not meet the ap- tionary SI ICE that are required to plicable requirements in § 60.4233 may meet standards that reference 40 CFR not be installed after January 1, 2010. 1048.101 must, if testing their engines (c) For emergency stationary SI ICE in use, meet the standards in that sec- with a maximum engine power of tion applicable to field testing, except greater than 19 KW (25 HP), owners and as indicated in paragraph (e) of this operators may not install engines that section. do not meet the applicable requirements in § 60.4233 after January 1, 2011. [73 FR 3591, Jan. 18, 2008, as amended at 76 (d) In addition to the requirements FR 37973, June 28, 2011] specified in §§ 60.4231 and 60.4233, it is § 60.4234 How long must I meet the prohibited to import stationary SI ICE emission standards if I am an less than or equal to 19 KW (25 HP), owner or operator of a stationary stationary rich burn LPG SI ICE, and SI internal combustion engine? stationary gasoline SI ICE that do not meet the applicable requirements spec- Owners and operators of stationary ified in paragraphs (a), (b), and (c) of SI ICE must operate and maintain sta- this section, after the date specified in tionary SI ICE that achieve the emis- paragraph (a), (b), and (c) of this sec- sion standards as required in § 60.4233 tion. over the entire life of the engine. (e) The requirements of this section do not apply to owners and operators of stationary SI ICE that have been modified or reconstructed, and they do not apply to engines that were removed from one existing location and reinstalled at a new location.

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§ 60.4237 What are the monitoring re- § 60.4239 What are my compliance requirements if I am an owner or op- quirements if I am a manufacturer erator of an emergency stationary of stationary SI internal combus- SI internal combustion engine? tion engines >19 KW (25 HP) that use gasoline or a manufacturer of (a) Starting on July 1, 2010, if the equipment containing such en- emergency stationary SI internal com- gines? bustion engine that is greater than or Stationary SI internal combustion equal to 500 HP that was built on or engine manufacturers who are subject after July 1, 2010, does not meet the to the emission standards specified in standards applicable to non-emergency § 60.4231(b) must certify their sta- engines, the owner or operator must in- tionary SI ICE using the certification stall a non-resettable hour meter. procedures required in 40 CFR part (b) Starting on January 1, 2011, if the 1048, subpart C, and must test their en- emergency stationary SI internal com- gines as specified in that part. Sta- bustion engine that is greater than or tionary SI internal combustion engine equal to 130 HP and less than 500 HP manufacturers who certify their sta- that was built on or after January 1, tionary SI ICE with a maximum engine 2011, does not meet the standards appli- power less than or equal to 30 KW (40 cable to non-emergency engines, the HP) with a total displacement less owner or operator must install a non- than or equal to 1,000 cc to the certifi- resettable hour meter. cation emission standards and other re- (c) If you are an owner or operator of quirements for new nonroad SI engines an emergency stationary SI internal in 40 CFR part 90 or 40 CFR part 1054, combustion engine that is less than 130 and manufacturers of stationary SI HP, was built on or after July 1, 2008, emergency engines that are greater and does not meet the standards appli- than 25 HP and less than 130 HP who cable to non-emergency engines, you meet the Phase 1 emission standards in must install a non-resettable hour 40 CFR 90.103, applicable to class II en- meter upon startup of your emergency gines, must certify their stationary SI engine. ICE using the certification procedures required in 40 CFR part 90, subpart B, COMPLIANCE REQUIREMENTS FOR or 40 CFR part 1054, subpart C, as appli- MANUFACTURERS cable, and must test their engines as specified in those parts. Manufacturers § 60.4238 What are my compliance re- of equipment containing stationary SI quirements if I am a manufacturer internal combustion engines meeting of stationary SI internal combus- the provisions of 40 CFR part 1054 must tion engines ≤19 KW (25 HP) or a meet the provisions of 40 CFR part manufacturer of equipment con- 1060, subpart C, to the extent they taining such engines? apply to equipment manufacturers. Stationary SI internal combustion [73 FR 59176, Oct. 8, 2008] engine manufacturers who are subject to the emission standards specified in § 60.4240 What are my compliance re- § 60.4231(a) must certify their sta- quirements if I am a manufacturer tionary SI ICE using the certification of stationary SI internal combus- procedures required in 40 CFR part 90, tion engines >19 KW (25 HP) that subpart B, or 40 CFR part 1054, subpart are rich burn engines that use LPG or a manufacturer of equipment C, as applicable, and must test their containing such engines? engines as specified in those parts. Manufacturers of equipment con- Stationary SI internal combustion taining stationary SI internal combus- engine manufacturers who are subject tion engines meeting the provisions of to the emission standards specified in 40 CFR part 1054 must meet the provi- § 60.4231(c) must certify their sta- sions of 40 CFR part 1060, subpart C, to tionary SI ICE using the certification procedures required in 40 CFR part the extent they apply to equipment 1048, subpart C, and must test their en- manufacturers. gines as specified in that part. Sta- [73 FR 59176, Oct. 8, 2008] tionary SI internal combustion engine

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manufacturers who certify their sta- 40 CFR part 1048, subpart C, and must tionary SI ICE with a maximum engine follow the same test procedures that power less than or equal to 30 KW (40 apply to large SI nonroad engines HP) with a total displacement less under 40 CFR part 1048, but must use than or equal to 1,000 cc to the certifi- the D–1 cycle of International Organi- cation emission standards and other re- zation of Standardization 8178–4: quirements for new nonroad SI engines 1996(E) (incorporated by reference, see in 40 CFR part 90 or 40 CFR part 1054, 40 CFR 60.17) or the test cycle require- and manufacturers of stationary SI ments specified in Table 3 to 40 CFR emergency engines that are greater 1048.505, except that Table 3 of 40 CFR than 25 HP and less than 130 HP who 1048.505 applies to high load engines meet the Phase 1 emission standards in only. Stationary SI internal combus- 40 CFR 90.103, applicable to class II en- tion engine manufacturers who certify gines, must certify their stationary SI their stationary SI ICE with a max- ICE using the certification procedures imum engine power less than or equal required in 40 CFR part 90, subpart B, to 30 KW (40 HP) with a total displace- or 40 CFR part 1054, subpart C, as appli- ment less than or equal to 1,000 cc to cable, and must test their engines as the certification emission standards specified in those parts. Manufacturers and other requirements for new of equipment containing stationary SI nonroad SI engines in 40 CFR part 90 or internal combustion engines meeting 40 CFR part 1054, and manufacturers of the provisions of 40 CFR part 1054 must emergency engines that are greater meet the provisions of 40 CFR part than 25 HP and less than 130 HP who 1060, subpart C, to the extent they meet the Phase 1 standards in 40 CFR apply to equipment manufacturers. 90.103, applicable to class II engines, must certify their stationary SI ICE [73 FR 59176, Oct. 8, 2008] using the certification procedures re- § 60.4241 What are my compliance required in 40 CFR part 90, subpart B, or quirements if I am a manufacturer 40 CFR part 1054, subpart C, as applica- of stationary SI internal combus- ble, and must test their engines as tion engines participating in the specified in those parts. Manufacturers voluntary certification program or of equipment containing stationary SI a manufacturer of equipment con- internal combustion engines meeting taining such engines? the provisions of 40 CFR part 1054 must (a) Manufacturers of stationary SI meet the provisions of 40 CFR part internal combustion engines with a 1060, subpart C, to the extent they maximum engine power greater than 19 apply to equipment manufacturers. KW (25 HP) that do not use gasoline (c) Certification of stationary SI ICE and are not rich burn engines that use to the emission standards specified in LPG can choose to certify their en- § 60.4231(d) or (e), as applicable, is vol- gines to the emission standards in untary, but manufacturers who decide § 60.4231(d) or (e), as applicable, under to certify are subject to all of the re- the voluntary certification program quirements indicated in this subpart described in this subpart. Manufactur- with regard to the engines included in ers who certify their engines under the their certification. Manufacturers voluntary certification program must must clearly label their stationary SI meet the requirements as specified in engines as certified or non-certified en- paragraphs (b) through (g) of this sec- gines. tion. In addition, manufacturers of sta- (d) Manufacturers of natural gas fired tionary SI internal combustion engines stationary SI ICE who conduct vol- who choose to certify their engines untary certification of stationary SI under the voluntary certification pro- ICE to the emission standards specified gram, must also meet the requirements in § 60.4231(d) or (e), as applicable, must as specified in § 60.4247. certify their engines for operation (b) Manufacturers of engines other using fuel that meets the definition of than those certified to standards in 40 pipeline-quality natural gas. The fuel CFR part 90 or 40 CFR part 1054 must used for certifying stationary SI nat- certify their stationary SI ICE using ural gas engines must meet the defini- the certification procedures required in tion of pipeline-quality natural gas as

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described in § 60.4248. In addition, the organic compounds, emissions of form- manufacturer must provide informa- aldehyde should not be included. tion to the owner and operator of the (i) For engines being certified to the certified stationary SI engine includ- voluntary certification standards in ing the specifications of the pipeline- Table 1 of this subpart, the VOC meas- quality natural gas to which the engine urement shall be made by following the is certified and what adjustments the procedures in 40 CFR 1065.260 and owner or operator must make to the 1065.265 in order to determine the total engine when installed in the field to NMHC emissions by using a flame-ion- ensure compliance with the emission ization detector and non-methane cut- standards. ter. As an alternative to the non- (e) Manufacturers of stationary SI methane cutter, manufacturers may ICE that are lean burn engines fueled use a gas chromatograph as allowed by LPG who conduct voluntary certifi- under 40 CFR 1065.267 and may measure ethane, as well as methane, for exclud- cation of stationary SI ICE to the ing such levels from the total VOC emission standards specified in measurement. § 60.4231(d) or (e), as applicable, must certify their engines for operation [73 FR 3591, Jan. 18, 2008, as amended at 73 using fuel that meets the specifications FR 59176, Oct. 8, 2008; 76 FR 37974, June 28, in 40 CFR 1065.720. 2011] (f) Manufacturers may certify their § 60.4242 What other requirements engines for operation using gaseous must I meet if I am a manufacturer fuels in addition to pipeline-quality of stationary SI internal combus- natural gas; however, the manufac- tion engines or equipment con- turer must specify the properties of taining stationary SI internal com- that fuel and provide testing informa- bustion engines or a manufacturer of equipment containing such en- tion showing that the engine will meet gines? the emission standards specified in § 60.4231(d) or (e), as applicable, when (a) Stationary SI internal combus- operating on that fuel. The manufac- tion engine manufacturers must meet turer must also provide instructions the provisions of 40 CFR part 90, 40 for configuring the stationary engine CFR part 1048, or 40 CFR part 1054, as to meet the emission standards on applicable, as well as 40 CFR part 1068 fuels that do not meet the pipeline- for engines that are certified to the emission standards in 40 CFR part 1048 quality natural gas definition. The or 1054, except that engines certified manufacturer must also provide infor- pursuant to the voluntary certification mation to the owner and operator of procedures in § 60.4241 are subject only the certified stationary SI engine re- to the provisions indicated in § 60.4247 garding the configuration that is most and are permitted to provide instruc- conducive to reduced emissions where tions to owners and operators allowing the engine will be operated on gaseous for deviations from certified configura- fuels with different quality than the tions, if such deviations are consistent fuel that it was certified to. with the provisions of paragraphs (g) A stationary SI engine manufac- § 60.4241(c) through (f). Manufacturers turer may certify an engine family of equipment containing stationary SI solely to the standards applicable to internal combustion engines meeting landfill/digester gas engines as speci- the provisions of 40 CFR part 1054 must fied in § 60.4231(d) or (e), as applicable, meet the provisions of 40 CFR part but must certify their engines for oper- 1060, as applicable. Labels on engines ation using landfill/digester gas and certified to 40 CFR part 1048 must refer must add a permanent label stating to stationary engines, rather than or in that the engine is for use only in land- addition to nonroad engines, as appro- fill/digester gas applications. The label priate. must be added according to the label- (b) An engine manufacturer certi- ing requirements specified in 40 CFR fying an engine family or families to 1048.135(b). standards under this subpart that are (h) For purposes of this subpart, identical to standards applicable under when calculating emissions of volatile 40 CFR part 90, 40 CFR part 1048, or 40

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CFR part 1054 for that model year may erating hours) if we determine that certify any such family that contains these engines are likely to operate for both nonroad and stationary engines as a number of hours greater than the ap- a single engine family and/or may in- plicable useful life within 24 months. clude any such family containing sta- We will not approve an alternate war- tionary engines in the averaging, bank- ranty under this paragraph (f) for ing and trading provisions applicable nonroad engines. An alternate war- for such engines under those parts. ranty period approved under this para- This provision also applies to equip- graph (f) will be the specified number ment or component manufacturers cer- of engine operating hours or two years, tifying to standards under 40 CFR part whichever comes first. The engine 1060. manufacturer shall request this alter- (c) Manufacturers of engine families nate warranty period in its application certified to 40 CFR part 1048 may meet the labeling requirements referred to for certification or in an earlier sub- in paragraph (a) of this section for sta- mission. We may approve an alternate tionary SI ICE by either adding a sepa- warranty period for an engine family rate label containing the information subject to the following conditions: required in paragraph (a) of this sec- (1) The engines must be equipped tion or by adding the words ‘‘and sta- with non-resettable hour meters. tionary’’ after the word ‘‘nonroad’’ to (2) The engines must be designed to the label. operate for a number of hours substan- (d) For all engines manufactured on tially greater than the applicable cer- or after January 1, 2011, and for all en- tified emissions life. gines with a maximum engine power (3) The emission-related warranty for greater than 25 HP and less than 130 HP the engines may not be shorter than manufactured on or after July 1, 2008, a any published warranty offered by the stationary SI engine manufacturer manufacturer without charge for the that certifies an engine family solely engines. Similarly, the emission-re- to the standards applicable to emer- lated warranty for any component gency engines must add a permanent shall not be shorter than any published label stating that the engines in that warranty offered by the manufacturer family are for emergency use only. The without charge for that component. label must be added according to the labeling requirements specified in 40 [73 FR 3591, Jan. 18, 2008, as amended at 73 CFR 1048.135(b). FR 59177, Oct. 8, 2008] (e) All stationary SI engines subject to mandatory certification that do not COMPLIANCE REQUIREMENTS FOR meet the requirements of this subpart OWNERS AND OPERATORS must be labeled according to 40 CFR 1068.230 and must be exported under the § 60.4243 What are my compliance re- provisions of 40 CFR 1068.230. Sta- quirements if I am an owner or op- tionary SI engines subject to standards erator of a stationary SI internal in 40 CFR part 90 may use the provi- combustion engine? sions in 40 CFR 90.909. Manufacturers of (a) If you are an owner or operator of stationary engines with a maximum a stationary SI internal combustion engine power greater than 25 HP that engine that is manufactured after July are not certified to standards and other 1, 2008, and must comply with the emis- requirements under 40 CFR part 1048 sion standards specified in § 60.4233(a) are subject to the labeling provisions of through (c), you must comply by pur- 40 CFR 1048.20 pertaining to excluded chasing an engine certified to the emis- stationary engines. sion standards in § 60.4231(a) through (f) For manufacturers of gaseous- (c), as applicable, for the same engine fueled stationary engines required to class and maximum engine power. In meet the warranty provisions in 40 addition, you must meet one of the re- CFR 90.1103 or 1054.120, we may estab- quirements specified in (a)(1) and (2) of lish an hour-based warranty period this section. equal to at least the certified emissions life of the engines (in engine op-

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(1) If you operate and maintain the operate the engine in a manner con- certified stationary SI internal com- sistent with good air pollution control bustion engine and control device ac- practice for minimizing emissions. In cording to the manufacturer’s emis- addition, you must conduct an initial sion-related written instructions, you performance test within 1 year of en- must keep records of conducted main- gine startup and conduct subsequent tenance to demonstrate compliance, performance testing every 8,760 hours but no performance testing is required or 3 years, whichever comes first, if you are an owner or operator. You thereafter to demonstrate compliance. must also meet the requirements as (b) If you are an owner or operator of specified in 40 CFR part 1068, subparts a stationary SI internal combustion A through D, as they apply to you. If engine and must comply with the emis- you adjust engine settings according to sion standards specified in § 60.4233(d) and consistent with the manufacturer’s or (e), you must demonstrate compli- instructions, your stationary SI inter- ance according to one of the methods nal combustion engine will not be con- specified in paragraphs (b)(1) and (2) of sidered out of compliance. this section. (2) If you do not operate and main- (1) Purchasing an engine certified ac- tain the certified stationary SI inter- cording to procedures specified in this nal combustion engine and control de- subpart, for the same model year and vice according to the manufacturer’s demonstrating compliance according emission-related written instructions, to one of the methods specified in para- your engine will be considered a non- graph (a) of this section. certified engine, and you must dem- (2) Purchasing a non-certified engine onstrate compliance according to and demonstrating compliance with (a)(2)(i) through (iii) of this section, as the emission standards specified in appropriate. § 60.4233(d) or (e) and according to the (i) If you are an owner or operator of requirements specified in § 60.4244, as a stationary SI internal combustion applicable, and according to para- engine less than 100 HP, you must keep graphs (b)(2)(i) and (ii) of this section. a maintenance plan and records of con- (i) If you are an owner or operator of ducted maintenance to demonstrate a stationary SI internal combustion compliance and must, to the extent engine greater than 25 HP and less than practicable, maintain and operate the or equal to 500 HP, you must keep a engine in a manner consistent with maintenance plan and records of con- good air pollution control practice for ducted maintenance and must, to the minimizing emissions, but no perform- extent practicable, maintain and oper- ance testing is required if you are an ate the engine in a manner consistent owner or operator. with good air pollution control prac- (ii) If you are an owner or operator of tice for minimizing emissions. In addi- a stationary SI internal combustion tion, you must conduct an initial per- engine greater than or equal to 100 HP formance test to demonstrate compli- and less than or equal to 500 HP, you ance. must keep a maintenance plan and (ii) If you are an owner or operator of records of conducted maintenance and a stationary SI internal combustion must, to the extent practicable, main- engine greater than 500 HP, you must tain and operate the engine in a man- keep a maintenance plan and records of ner consistent with good air pollution conducted maintenance and must, to control practice for minimizing emis- the extent practicable, maintain and sions. In addition, you must conduct an operate the engine in a manner con- initial performance test within 1 year sistent with good air pollution control of engine startup to demonstrate com- practice for minimizing emissions. In pliance. addition, you must conduct an initial (iii) If you are an owner or operator performance test and conduct subse- of a stationary SI internal combustion quent performance testing every 8,760 engine greater than 500 HP, you must hours or 3 years, whichever comes first, keep a maintenance plan and records of thereafter to demonstrate compliance. conducted maintenance and must, to (c) If you are an owner or operator of the extent practicable, maintain and a stationary SI internal combustion

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engine that must comply with the or operator maintains records indi- emission standards specified in cating that federal, state, or local § 60.4233(f), you must demonstrate com- standards require maintenance and pliance according paragraph (b)(2)(i) or testing of emergency ICE beyond 100 (ii) of this section, except that if you hours per calendar year. comply according to paragraph (b)(2)(i) (ii) Emergency stationary ICE may of this section, you demonstrate that be operated for emergency demand re- your non-certified engine complies sponse for periods in which the Reli- with the emission standards specified ability Coordinator under the North in § 60.4233(f). American Electric Reliability Corpora- (d) If you own or operate an emer- tion (NERC) Reliability Standard EOP– gency stationary ICE, you must oper- 002–3, Capacity and Energy Emer- ate the emergency stationary ICE according to the requirements in para- gencies (incorporated by reference, see graphs (d)(1) through (3) of this section. § 60.17), or other authorized entity as In order for the engine to be considered determined by the Reliability Coordi- an emergency stationary ICE under nator, has declared an Energy Emer- this subpart, any operation other than gency Alert Level 2 as defined in the emergency operation, maintenance and NERC Reliability Standard EOP–002–3. testing, emergency demand response, (iii) Emergency stationary ICE may and operation in non-emergency situa- be operated for periods where there is a tions for 50 hours per year, as described deviation of voltage or frequency of 5 in paragraphs (d)(1) through (3) of this percent or greater below standard volt- section, is prohibited. If you do not op- age or frequency. erate the engine according to the re- (3) Emergency stationary ICE may be quirements in paragraphs (d)(1) operated for up to 50 hours per calendar through (3) of this section, the engine year in non-emergency situations. The will not be considered an emergency 50 hours of operation in non-emergency engine under this subpart and must situations are counted as part of the meet all requirements for non-emer- 100 hours per calendar year for mainte- gency engines. nance and testing and emergency de- (1) There is no time limit on the use mand response provided in paragraph of emergency stationary ICE in emer- (d)(2) of this section. Except as pro- gency situations. vided in paragraph (d)(3)(i) of this sec- (2) You may operate your emergency stationary ICE for any combination of tion, the 50 hours per year for non- the purposes specified in paragraphs emergency situations cannot be used (d)(2)(i) through (iii) of this section for for peak shaving or non-emergency de- a maximum of 100 hours per calendar mand response, or to generate income year. Any operation for non-emergency for a facility to an electric grid or oth- situations as allowed by paragraph erwise supply power as part of a finan- (d)(3) of this section counts as part of cial arrangement with another entity. the 100 hours per calendar year allowed (i) The 50 hours per year for non- by this paragraph (d)(2). emergency situations can be used to (i) Emergency stationary ICE may be supply power as part of a financial ar- operated for maintenance checks and rangement with another entity if all of readiness testing, provided that the the following conditions are met: tests are recommended by federal, (A) The engine is dispatched by the state or local government, the manu- local balancing authority or local facturer, the vendor, the regional transmission and distribution system transmission organization or equiva- operator; lent balancing authority and trans- (B) The dispatch is intended to miti- mission operator, or the insurance gate local transmission and/or distribu- company associated with the engine. tion limitations so as to avert poten- The owner or operator may petition the Administrator for approval of addi- tial voltage collapse or line overloads tional hours to be used for mainte- that could lead to the interruption of nance checks and readiness testing, but power supply in a local area or region. a petition is not required if the owner

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(C) The dispatch follows reliability, proper operation of the engine and con- emergency operation or similar proto- trol device to minimize emissions at cols that follow specific NERC, re- all times. gional, state, public utility commis- (h) If you are an owner/operator of an sion or local standards or guidelines. stationary SI internal combustion en- (D) The power is provided only to the gine with maximum engine power facility itself or to support the local greater than or equal to 500 HP that is transmission and distribution system. manufactured after July 1, 2007 and be- (E) The owner or operator identifies fore July 1, 2008, and must comply with and records the entity that dispatches the emission standards specified in sec- the engine and the specific NERC, re- tions 60.4233(b) or (c), you must comply gional, state, public utility commis- by one of the methods specified in sion or local standards or guidelines that are being followed for dispatching paragraphs (h)(1) through (h)(4) of this the engine. The local balancing author- section. ity or local transmission and distribu- (1) Purchasing an engine certified action system operator may keep these cording to 40 CFR part 1048. The engine records on behalf of the engine owner must be installed and configured ac- or operator. cording to the manufacturer’s speci- (ii) [Reserved] fications. (e) Owners and operators of sta- (2) Keeping records of performance tionary SI natural gas fired engines test results for each pollutant for a may operate their engines using pro- test conducted on a similar engine. The pane for a maximum of 100 hours per test must have been conducted using year as an alternative fuel solely dur- the same methods specified in this sub- ing emergency operations, but must part and these methods must have been keep records of such use. If propane is followed correctly. used for more than 100 hours per year (3) Keeping records of engine manu- in an engine that is not certified to the facturer data indicating compliance emission standards when using pro- with the standards. pane, the owners and operators are re- (4) Keeping records of control device quired to conduct a performance test vendor data indicating compliance to demonstrate compliance with the emission standards of § 60.4233. with the standards. (f) If you are an owner or operator of (i) If you are an owner or operator of a stationary SI internal combustion a modified or reconstructed stationary engine that is less than or equal to 500 SI internal combustion engine and HP and you purchase a non-certified must comply with the emission stand- engine or you do not operate and main- ards specified in § 60.4233(f), you must tain your certified stationary SI inter- demonstrate compliance according to nal combustion engine and control de- one of the methods specified in para- vice according to the manufacturer’s graphs (i)(1) or (2) of this section. written emission-related instructions, (1) Purchasing, or otherwise owning you are required to perform initial per- or operating, an engine certified to the formance testing as indicated in this emission standards in § 60.4233(f), as ap- section, but you are not required to plicable. conduct subsequent performance test- (2) Conducting a performance test to ing unless the stationary engine is re- demonstrate initial compliance with built or undergoes major repair or the emission standards according to maintenance. A rebuilt stationary SI the requirements specified in § 60.4244. ICE means an engine that has been re- The test must be conducted within 60 built as that term is defined in 40 CFR days after the engine commences oper- 94.11(a). (g) It is expected that air-to-fuel ation after the modification or recon- ratio controllers will be used with the struction. operation of three-way catalysts/non- [73 FR 3591, Jan. 18, 2008, as amended at 76 selective catalytic reduction. The AFR FR 37974, June 28, 2011; 78 FR 6697, Jan. 30, controller must be maintained and op- 2013] erated appropriately in order to ensure

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TESTING REQUIREMENTS FOR OWNERS shutdown, or malfunction, as specified AND OPERATORS in § 60.8(c). If your stationary SI internal combustion engine is non-oper- § 60.4244 What test methods and other ational, you do not need to startup the procedures must I use if I am an engine solely to conduct a performance owner or operator of a stationary test; however, you must conduct the SI internal combustion engine? performance test immediately upon Owners and operators of stationary startup of the engine. SI ICE who conduct performance tests (c) You must conduct three separate must follow the procedures in para- test runs for each performance test re- graphs (a) through (f) of this section. quired in this section, as specified in (a) Each performance test must be § 60.8(f). Each test run must be con- conducted within 10 percent of 100 per- ducted within 10 percent of 100 percent cent peak (or the highest achievable) peak (or the highest achievable) load load and according to the requirements and last at least 1 hour. in § 60.8 and under the specific condi- (d) To determine compliance with the tions that are specified by Table 2 to NOX mass per unit output emission this subpart. limitation, convert the concentration (b) You may not conduct perform- of NOX in the engine exhaust using ance tests during periods of startup, Equation 1 of this section:

CQT×××× 1. 912 10−3 ER = d (Eq. 1) HP− hr

Where: T = Time of test run, in hours.

ER = Emission rate of NOX in g/HP-hr. HP-hr = Brake work of the engine, horse- Cd = Measured NOX concentration in parts power-hour (HP-hr). per million by volume (ppmv). (e) To determine compliance with the 1.912 × 10¥3 = Conversion constant for ppm CO mass per unit output emission limi- NOX to grams per standard cubic meter at 20 degrees Celsius. tation, convert the concentration of CO Q = Stack gas volumetric flow rate, in stand- in the engine exhaust using Equation 2 ard cubic meter per hour, dry basis. of this section:

CQT×××× 1. 164 10−3 ER = d (Eq. 2) HP− hr

Where: (f) For purposes of this subpart, when ER = Emission rate of CO in g/HP-hr. calculating emissions of VOC, emis- Cd = Measured CO concentration in ppmv. sions of formaldehyde should not be in- × ¥3 1.164 10 = Conversion constant for ppm cluded. To determine compliance with CO to grams per standard cubic meter at 20 degrees Celsius. the VOC mass per unit output emission Q = Stack gas volumetric flow rate, in stand- limitation, convert the concentration ard cubic meters per hour, dry basis. of VOC in the engine exhaust using T = Time of test run, in hours. Equation 3 of this section: HP-hr = Brake work of the engine, in HP-hr.

CQT×××× 1. 833 10−3 ER = d (Eq. 3) HP− hr

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Where: NOTIFICATION, REPORTS, AND RECORDS ER = Emission rate of VOC in g/HP-hr. FOR OWNERS AND OPERATORS

Cd = VOC concentration measured as propane in ppmv. § 60.4245 What are my notification, re- 1.833 × 10¥3 = Conversion constant for ppm porting, and recordkeeping require- VOC measured as propane, to grams per ments if I am an owner or operator of a stationary SI internal combus- standard cubic meter at 20 degrees Cel- tion engine? sius. Q = Stack gas volumetric flow rate, in stand- Owners or operators of stationary SI ard cubic meters per hour, dry basis. ICE must meet the following notifica- T = Time of test run, in hours. tion, reporting and recordkeeping re- HP-hr = Brake work of the engine, in HP-hr. quirements. (a) Owners and operators of all sta- (g) If the owner/operator chooses to tionary SI ICE must keep records of measure VOC emissions using either the information in paragraphs (a)(1) Method 18 of 40 CFR part 60, appendix through (4) of this section. A, or Method 320 of 40 CFR part 63, ap- (1) All notifications submitted to pendix A, then it has the option of cor- comply with this subpart and all docu- recting the measured VOC emissions to mentation supporting any notification. account for the potential differences in (2) Maintenance conducted on the en- measured values between these meth- gine. ods and Method 25A. The results from (3) If the stationary SI internal com- Method 18 and Method 320 can be cor- bustion engine is a certified engine, rected for response factor differences documentation from the manufacturer using Equations 4 and 5 of this section. that the engine is certified to meet the The corrected VOC concentration can emission standards and information as then be placed on a propane basis using required in 40 CFR parts 90, 1048, 1054, and 1060, as applicable. Equation 6 of this section. (4) If the stationary SI internal combustion engine is not a certified engine C or is a certified engine operating in a RF = Mi (Eq. 4) i C non-certified manner and subject to Ai § 60.4243(a)(2), documentation that the Where: engine meets the emission standards. (b) For all stationary SI emergency RFi = Response factor of compound i when measured with EPA Method 25A. ICE greater than or equal to 500 HP

CMi = Measured concentration of compound i manufactured on or after July 1, 2010, in ppmv as carbon. that do not meet the standards applica-

CAi = True concentration of compound i in ble to non-emergency engines, the ppmv as carbon. owner or operator of must keep records of the hours of operation of the engine =× that is recorded through the non-reset- CRFCimeas (Eq. 5) icorr i table hour meter. For all stationary SI Where: emergency ICE greater than or equal

Cicorr = Concentration of compound i cor- to 130 HP and less than 500 HP manu- rected to the value that would have been factured on or after July 1, 2011 that do measured by EPA Method 25A, ppmv as not meet the standards applicable to carbon. non-emergency engines, the owner or Cimeas = Concentration of compound i meas- operator of must keep records of the ured by EPA Method 320, ppmv as carbon. hours of operation of the engine that is recorded through the non-resettable =× CCPeq0. 6098 icorr (Eq. 6) hour meter. For all stationary SI emergency ICE greater than 25 HP and less Where: than 130 HP manufactured on or after CPeq = Concentration of compound i in mg of July 1, 2008, that do not meet the propane equivalent per DSCM. standards applicable to non-emergency engines, the owner or operator of must keep records of the hours of operation of the engine that is recorded through the non-resettable hour meter. The

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owner or operator must document how (iii) Engine site rating and model many hours are spent for emergency year. operation, including what classified (iv) Latitude and longitude of the en- the operation as emergency and how gine in decimal degrees reported to the many hours are spent for non-emer- fifth decimal place. gency operation. (v) Hours operated for the purposes (c) Owners and operators of sta- specified in § 60.4243(d)(2)(ii) and (iii), tionary SI ICE greater than or equal to including the date, start time, and end 500 HP that have not been certified by time for engine operation for the pur- an engine manufacturer to meet the poses specified in § 60.4243(d)(2)(ii) and emission standards in § 60.4231 must (iii). submit an initial notification as required in § 60.7(a)(1). The notification (vi) Number of hours the engine is must include the information in para- contractually obligated to be available graphs (c)(1) through (5) of this section. for the purposes specified in (1) Name and address of the owner or § 60.4243(d)(2)(ii) and (iii). operator; (vii) Hours spent for operation for the (2) The address of the affected source; purposes specified in § 60.4243(d)(3)(i), (3) Engine information including including the date, start time, and end make, model, engine family, serial time for engine operation for the pur- number, model year, maximum engine poses specified in § 60.4243(d)(3)(i). The power, and engine displacement; report must also identify the entity (4) Emission control equipment; and that dispatched the engine and the sit- (5) Fuel used. uation that necessitated the dispatch (d) Owners and operators of sta- of the engine. tionary SI ICE that are subject to per- (2) The first annual report must formance testing must submit a copy cover the calendar year 2015 and must of each performance test as conducted be submitted no later than March 31, in § 60.4244 within 60 days after the test 2016. Subsequent annual reports for has been completed. Performance test each calendar year must be submitted reports using EPA Method 18, EPA no later than March 31 of the following Method 320, or ASTM D6348–03 (incor- calendar year. porated by reference—see 40 CFR 60.17) to measure VOC require reporting of (3) The annual report must be sub- all QA/QC data. For Method 18, report mitted electronically using the subpart results from sections 8.4 and 11.1.1.4; for specific reporting form in the Compli- Method 320, report results from sec- ance and Emissions Data Reporting tions 8.6.2, 9.0, and 13.0; and for ASTM Interface (CEDRI) that is accessed D6348–03 report results of all QA/QC through EPA’s Central Data Exchange procedures in Annexes 1–7. (CDX) (www.epa.gov/cdx). However, if (e) If you own or operate an emer- the reporting form specific to this sub- gency stationary SI ICE with a max- part is not available in CEDRI at the imum engine power more than 100 HP time that the report is due, the written that operates or is contractually obli- report must be submitted to the Ad- gated to be available for more than 15 ministrator at the appropriate address hours per calendar year for the pur- listed in § 60.4. poses specified in § 60.4243(d)(2)(ii) and (iii) or that operates for the purposes [73 FR 3591, Jan. 18, 2008, as amended at 73 specified in § 60.4243(d)(3)(i), you must FR 59177, Oct. 8, 2008; 78 FR 6697, Jan. 30, 2013; submit an annual report according to 81 FR 59809, Aug. 30, 2016] the requirements in paragraphs (e)(1) GENERAL PROVISIONS through (3) of this section. (1) The report must contain the fol- § 60.4246 What parts of the General lowing information: Provisions apply to me? (i) Company name and address where the engine is located. Table 3 to this subpart shows which (ii) Date of the report and beginning parts of the General Provisions in and ending dates of the reporting pe- §§ 60.1 through 60.19 apply to you. riod.

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MOBILE SOURCE PROVISIONS given them in the CAA and in subpart A of this part. § 60.4247 What parts of the mobile Certified emissions life means the pe- source provisions apply to me if I riod during which the engine is de- am a manufacturer of stationary SI signed to properly function in terms of internal combustion engines or a manufacturer of equipment con- reliability and fuel consumption, with- taining such engines? out being remanufactured, specified as a number of hours of operation or cal- (a) Manufacturers certifying to emis- endar years, whichever comes first. sion standards in 40 CFR part 90, in- The values for certified emissions life cluding manufacturers certifying emer- for stationary SI ICE with a maximum gency engines below 130 HP, must meet engine power less than or equal to 19 the provisions of 40 CFR part 90. Manu- KW (25 HP) are given in 40 CFR 90.105, facturers certifying to emission stand- 40 CFR 1054.107, and 40 CFR 1060.101, as ards in 40 CFR part 1054 must meet the appropriate. The values for certified provisions of 40 CFR part 1054. Manu- emissions life for stationary SI ICE facturers of equipment containing sta- with a maximum engine power greater tionary SI internal combustion engines than 19 KW (25 HP) certified to 40 CFR meeting the provisions of 40 CFR part part 1048 are given in 40 CFR 1054 must meet the provisions of 40 1048.101(g). The certified emissions life CFR part 1060 to the extent they apply for stationary SI ICE with a maximum to equipment manufacturers. engine power greater than 75 KW (100 (b) Manufacturers required to certify HP) certified under the voluntary man- to emission standards in 40 CFR part ufacturer certification program of this 1048 must meet the provisions of 40 subpart is 5,000 hours or 7 years, which- CFR part 1048. Manufacturers certi- ever comes first. You may request in fying to emission standards in 40 CFR your application for certification that part 1048 pursuant to the voluntary we approve a shorter certified emis- certification program must meet the sions life for an engine family. We may requirements in Table 4 to this subpart approve a shorter certified emissions as well as the standards in 40 CFR life, in hours of engine operation but 1048.101. not in years, if we determine that these (c) For manufacturers of stationary engines will rarely operate longer than SI internal combustion engines partici- the shorter certified emissions life. If pating in the voluntary certification engines identical to those in the engine program and certifying engines to family have already been produced and Table 1 to this subpart, Table 4 to this are in use, your demonstration must subpart shows which parts of the mo- include documentation from such in- bile source provisions in 40 CFR parts use engines. In other cases, your dem- 1048, 1065, and 1068 apply to you. Com- onstration must include an engineering pliance with the deterioration factor analysis of information equivalent to provisions under 40 CFR 1048.205(n) and such in-use data, such as data from re- 1048.240 will be required for engines search engines or similar engine mod- built new on and after January 1, 2010. els that are already in production. Prior to January 1, 2010, manufacturers Your demonstration must also include of stationary internal combustion en- any overhaul interval that you rec- gines participating in the voluntary ommend, any mechanical warranty certification program have the option that you offer for the engine or its to develop their own deterioration fac- components, and any relevant cus- tors based on an engineering analysis. tomer design specifications. Your dem- [73 FR 3591, Jan. 18, 2008, as amended at 73 onstration may include any other rel- FR 59177, Oct. 8, 2008] evant information. The certified emissions life value may not be shorter DEFINITIONS than any of the following: (i) 1,000 hours of operation. § 60.4248 What definitions apply to this (ii) Your recommended overhaul in- subpart? terval. As used in this subpart, all terms not (iii) Your mechanical warranty for defined herein shall have the meaning the engine.

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Certified stationary internal combustion cally formed through the anaerobic de- engine means an engine that belongs to composition of organic waste materials an engine family that has a certificate and composed principally of methane of conformity that complies with the and carbon dioxide (CO2). emission standards and requirements Emergency stationary internal combus- in this part, or of 40 CFR part 90, 40 tion engine means any stationary recip- CFR part 1048, or 40 CFR part 1054, as rocating internal combustion engine appropriate. that meets all of the criteria in para- Combustion turbine means all equip- graphs (1) through (3) of this definition. ment, including but not limited to the All emergency stationary ICE must turbine, the fuel, air, lubrication and comply with the requirements specified exhaust gas systems, control systems in § 60.4243(d) in order to be considered (except emissions control equipment), emergency stationary ICE. If the en- and any ancillary components and sub- gine does not comply with the require- components comprising any simple ments specified in § 60.4243(d), then it is cycle combustion turbine, any regen- not considered to be an emergency sta- erative/recuperative cycle combustion tionary ICE under this subpart. turbine, the combustion turbine por- (1) The stationary ICE is operated to tion of any cogeneration cycle combus- provide electrical power or mechanical tion system, or the combustion turbine work during an emergency situation. portion of any combined cycle steam/ Examples include stationary ICE used electric generating system. to produce power for critical networks Compression ignition means relating or equipment (including power supplied to a type of stationary internal com- to portions of a facility) when electric bustion engine that is not a spark igni- power from the local utility (or the tion engine. normal power source, if the facility Date of manufacture means one of the runs on its own power production) is following things: interrupted, or stationary ICE used to (1) For freshly manufactured engines pump water in the case of fire or flood, and modified engines, date of manufac- etc. ture means the date the engine is origi- (2) The stationary ICE is operated nally produced. under limited circumstances for situa- (2) For reconstructed engines, date of tions not included in paragraph (1) of manufacture means the date the engine this definition, as specified in was originally produced, except as § 60.4243(d). specified in paragraph (3) of this defini- (3) The stationary ICE operates as tion. part of a financial arrangement with (3) Reconstructed engines are as- another entity in situations not in- signed a new date of manufacture if the cluded in paragraph (1) of this defini- fixed capital cost of the new and refur- tion only as allowed in § 60.4243(d)(2)(ii) bished components exceeds 75 percent or (iii) and § 60.4243(d)(3)(i). of the fixed capital cost of a com- Engine manufacturer means the manu- parable entirely new facility. An en- facturer of the engine. See the defini- gine that is produced from a previously tion of ‘‘manufacturer’’ in this section. used engine block does not retain the Four-stroke engine means any type of date of manufacture of the engine in engine which completes the power which the engine block was previously cycle in two crankshaft revolutions, used if the engine is produced using all with intake and compression strokes in new components except for the engine the first revolution and power and ex- block. In these cases, the date of manu- haust strokes in the second revolution. facture is the date of reconstruction or Freshly manufactured engine means an the date the new engine is produced. engine that has not been placed into Diesel fuel means any liquid obtained service. An engine becomes freshly from the distillation of petroleum with manufactured when it is originally pro- a boiling point of approximately 150 to duced. 360 degrees Celsius. One commonly Gasoline means any fuel sold in any used form is number 2 distillate oil. State for use in motor vehicles and Digester gas means any gaseous by- motor vehicle engines, or nonroad or product of wastewater treatment typi- stationary engines, and commonly or

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commercially known or sold as gaso- face, of which the principal constituent line. is methane. Natural gas may be field or Installed means the engine is placed pipeline quality. and secured at the location where it is Other internal combustion engine intended to be operated. means any internal combustion engine, Landfill gas means a gaseous by-prod- except combustion turbines, which is uct of the land application of munic- not a reciprocating internal combus- ipal refuse typically formed through tion engine or rotary internal combus- the anaerobic decomposition of waste tion engine. materials and composed principally of Pipeline-quality natural gas means a methane and CO2. naturally occurring fluid mixture of Lean burn engine means any two- hydrocarbons (e.g., methane, ethane, or stroke or four-stroke spark ignited en- propane) produced in geological forma- gine that does not meet the definition tions beneath the Earth’s surface that of a rich burn engine. maintains a gaseous state at standard Liquefied petroleum gas means any liq- atmospheric temperature and pressure uefied hydrocarbon gas obtained as a under ordinary conditions, and which by-product in petroleum refining or is provided by a supplier through a natural gas production. pipeline. Pipeline-quality natural gas Manufacturer has the meaning given must either be composed of at least 70 in section 216(1) of the Clean Air Act. percent methane by volume or have a In general, this term includes any per- gross calorific value between 950 and son who manufactures a stationary en- 1,100 British thermal units per stand- gine for sale in the United States or ard cubic foot. otherwise introduces a new stationary Rich burn engine means any four- engine into commerce in the United stroke spark ignited engine where the States. This includes importers who manufacturer’s recommended oper- import stationary engines for resale. ating air/fuel ratio divided by the stoi- Maximum engine power means max- chiometric air/fuel ratio at full load imum engine power as defined in 40 conditions is less than or equal to 1.1. CFR 1048.801. Engines originally manufactured as Model year means the calendar year rich burn engines, but modified prior to in which an engine is manufactured June 12, 2006, with passive emission (see ‘‘date of manufacture’’), except as control technology for NOX (such as follows: pre-combustion chambers) will be con- (1) Model year means the annual new sidered lean burn engines. Also, exist- model production period of the engine ing engines where there are no manu- manufacturer in which an engine is facturer’s recommendations regarding manufactured (see ‘‘date of manufac- air/fuel ratio will be considered a rich ture’’), if the annual new model produc- burn engine if the excess oxygen con- tion period is different than the cal- tent of the exhaust at full load condi- endar year and includes January 1 of tions is less than or equal to 2 percent. the calendar year for which the model Rotary internal combustion engine year is named. It may not begin before means any internal combustion engine January 2 of the previous calendar year which uses rotary motion to convert and it must end by December 31 of the heat energy into mechanical work. named calendar year. Spark ignition means relating to ei- (2) For an engine that is converted to ther: a gasoline-fueled engine; or any a stationary engine after being placed other type of engine with a spark plug into service as a nonroad or other non- (or other sparking device) and with op- stationary engine, model year means erating characteristics significantly the calendar year or new model produc- similar to the theoretical Otto combustion period in which the engine was tion cycle. Spark ignition engines usu- manufactured (see ‘‘date of manufac- ally use a throttle to regulate intake ture’’). air flow to control power during nor- Natural gas means a naturally occur- mal operation. Dual-fuel engines in ring mixture of hydrocarbon and non- which a liquid fuel (typically diesel hydrocarbon gases found in geologic fuel) is used for compression ignition formations beneath the Earth’s sur- and gaseous fuel (typically natural gas)

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is used as the primary fuel at an an- Subpart means 40 CFR part 60, sub- nual average ratio of less than 2 parts part JJJJ. diesel fuel to 100 parts total fuel on an Two-stroke engine means a type of en- energy equivalent basis are spark igni- gine which completes the power cycle tion engines. in single crankshaft revolution by com- Stationary internal combustion engine bining the intake and compression op- means any internal combustion engine, erations into one stroke and the power except combustion turbines, that con- and exhaust operations into a second verts heat energy into mechanical stroke. This system requires auxiliary scavenging and inherently runs lean of work and is not mobile. Stationary ICE stoichiometric. differ from mobile ICE in that a sta- Volatile organic compounds means tionary internal combustion engine is volatile organic compounds as defined not a nonroad engine as defined at 40 in 40 CFR 51.100(s). CFR 1068.30 (excluding paragraph (2)(ii) Voluntary certification program means of that definition), and is not used to an optional engine certification pro- propel a motor vehicle, aircraft, or a gram that manufacturers of stationary vehicle used solely for competition. SI internal combustion engines with a Stationary ICE include reciprocating maximum engine power greater than 19 ICE, rotary ICE, and other ICE, except KW (25 HP) that do not use gasoline combustion turbines. and are not rich burn engines that use Stationary internal combustion engine LPG can choose to participate in to test cell/stand means an engine test cell/ certify their engines to the emission stand, as defined in 40 CFR part 63, sub- standards in § 60.4231(d) or (e), as appli- part PPPPP, that tests stationary ICE. cable. Stoichiometric means the theoretical [73 FR 3591, Jan. 18, 2008, as amended at 73 air-to-fuel ratio required for complete FR 59177, Oct. 8, 2008; 76 FR 37974, June 28, combustion. 2011; 78 FR 6698, Jan. 30, 2013]

TABLE 1 TO SUBPART JJJJ OF PART 60—NOX, CO, AND VOC EMISSION STANDARDS FOR STATIONARY NON-EMERGENCY SI ENGINES ≥100 HP (EXCEPT GASOLINE AND RICH BURN LPG), STATIONARY SI LANDFILL/DIGESTER GAS ENGINES, AND STA- TIONARY EMERGENCY ENGINES >25 HP

Emission standards a Engine type Maximum Manufacture and fuel engine power date g/HP-hr ppmvd at 15% O2 d d NOX CO VOC NOX CO VOC

Non-Emergency SI Natural Gas b and 100≤HP<500 ...... 7/1/2008 2.0 4.0 1.0 160 540 86 Non-Emergency SI Lean Burn LPG b. 1/1/2011 1.0 2.0 0.7 82 270 60 Non-Emergency SI Lean Burn Natural 500≤HP<1,350 ...... 1/1/2008 2.0 4.0 1.0 160 540 86 Gas and LPG. 7/1/2010 1.0 2.0 0.7 82 270 60 Non-Emergency SI Natural Gas and HP≥500 ...... 7/1/2007 2.0 4.0 1.0 160 540 86 Non-Emergency SI Lean Burn LPG (except lean burn 500≤HP<1,350). HP≥500 ...... 7/1/2010 1.0 2.0 0.7 82 270 60 Landfill/Digester Gas (except lean burn HP<500 ...... 7/1/2008 3.0 5.0 1.0 220 610 80 500≤HP<1,350). 1/1/2011 2.0 5.0 1.0 150 610 80 HP≥500 ...... 7/1/2007 3.0 5.0 1.0 220 610 80 7/1/2010 2.0 5.0 1.0 150 610 80 Landfill/Digester Gas Lean Burn ...... 500≤HP<1,350 ...... 1/1/2008 3.0 5.0 1.0 220 610 80 7/1/2010 2.0 5.0 1.0 150 610 80 Emergency ...... 25

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d For purposes of this subpart, when calculating emissions of volatile organic compounds, emissions of formaldehyde should not be included.

[76 FR 37975, June 28, 2011]

TABLE 2 TO SUBPART JJJJ OF PART 60—REQUIREMENTS FOR PERFORMANCE TESTS

[As stated in § 60.4244, you must comply with the following requirements for performance tests within 10 percent of 100 percent peak (or the highest achievable) load]

Complying with the For each requirement to You must Using According to the following requirements

1. Stationary SI in- a. limit the con- i. Select the sam- (1) Method 1 or 1A (a) Alternatively, for NOX, O2, and ternal combustion centration of pling port loca- of 40 CFR part moisture measurement, ducts ≤6 engine dem- NOX in the station and the 60, appendix A– inches in diameter may be sampled onstrating compli- tionary SI internal number/location 1, if measuring at a single point located at the duct ance according to combustion en- of traverse points flow rate. centroid and ducts >6 and ≤12 § 60.4244. gine exhaust. at the exhaust of inches in diameter may be sampled the stationary in- at 3 traverse points located at 16.7, ternal combus- 50.0, and 83.3% of the measurement tion engine;. line (‘3-point long line’). If the duct is >12 inches in diameter and the sampling port location meets the two and half-diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, Appendix A, the duct may be sampled at ‘3-point long line’; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A.

v. Measure NOX at (5) Method 7E of (d) Results of this test consist of the the exhaust of 40 CFR part 60, average of the three 1-hour or longer the stationary in- appendix A–4, runs. ternal combus- ASTM Method tion engine; if D6522–00 (Re- using a control approved 2005) a device, the sam- d, Method 320 of pling site must 40 CFR part 63, be located at the appendix A e, or outlet of the con- ASTM Method trol device. D6348–03 de.

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Complying with the For each requirement to You must Using According to the following requirements

b. limit the con- i. Select the sam- (1) Method 1 or 1A (a) Alternatively, for CO, O2, and mois- centration of CO pling port loca- of 40 CFR part ture measurement, ducts ≤6 inches in the stationary tion and the 60, appendix A– in diameter may be sampled at a SI internal com- number/location 1, if measuring single point located at the duct cen- bustion engine of traverse points flow rate. troid and ducts >6 and ≤12 inches in exhaust. at the exhaust of diameter may be sampled at 3 tra- the stationary in- verse points located at 16.7, 50.0, ternal combus- and 83.3% of the measurement line tion engine;. (‘3-point long line’). If the duct is >12 inches in diameter and the sampling port location meets the two and half- diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, Ap- pendix A, the duct may be sampled at ‘3-point long line’; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A. ii. Determine the O2 (2) Method 3, 3A, (b) Measurements to determine O2 concentration of or 3B b of 40 concentration must be made at the the stationary in- CFR part 60, ap- same time as the measurements for ternal combus- pendix A–2 or CO concentration. tion engine ex- ASTM Method haust at the sam- D6522–00 (Re- pling port loca- approved 2005) a tion;. d. iii. If necessary, de- (3) Method 2 or 2C termine the ex- of 40 CFR 60, haust flowrate of appendix A–1 or the stationary in- Method 19 of 40 ternal combus- CFR part 60, ap- tion engine ex- pendix A–7. haust;. iv. If necessary, (4) Method 4 of 40 (c) Measurements to determine mois- measure mois- CFR part 60, ap- ture must be made at the same time ture content of pendix A–3, as the measurement for CO con- the stationary in- Method 320 of centration. ternal combus- 40 CFR part 63, tion engine ex- appendix A e, or haust at the sam- ASTM Method pling port loca- D6348–03 de. tion; and. v. Measure CO at (5) Method 10 of (d) Results of this test consist of the the exhaust of 40 CFR part 60, average of the three 1-hour or longer the stationary in- appendix A4, runs. ternal combus- ASTM Method tion engine; if D6522–00 (Re- using a control approved 2005) a device, the sam- de, Method 320 pling site must of 40 CFR part be located at the 63, appendix A e, outlet of the con- or ASTM Method trol device. D6348–03 de.

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Complying with the For each requirement to You must Using According to the following requirements

c. limit the con- i. Select the sam- (1) Method 1 or 1A (a) Alternatively, for VOC, O2, and centration of pling port loca- of 40 CFR part moisture measurement, ducts ≤6 VOC in the station and the 60, appendix A– inches in diameter may be sampled tionary SI internal number/location 1, if measuring at a single point located at the duct combustion en- of traverse points flow rate. centroid and ducts >6 and ≤12 gine exhaust. at the exhaust of inches in diameter may be sampled the stationary in- at 3 traverse points located at 16.7, ternal combus- 50.0, and 83.3% of the measurement tion engine;. line (’3-point long line’). If the duct is >12 inches in diameter and the sampling port location meets the two and half-diameter criterion of Section 11.1.1 of Method 1 of 40 CFR part 60, Appendix A, the duct may be sampled at ’3-point long line’; otherwise, conduct the stratification testing and select sampling points according to Section 8.1.2 of Method 7E of 40 CFR part 60, Appendix A.

ii. Determine the O2 (2) Method 3, 3A, (b) Measurements to determine O2 concentration of or 3B b of 40 concentration must be made at the the stationary in- CFR part 60, ap- same time as the measurements for ternal combus- pendix A–2 or VOC concentration. tion engine ex- ASTM Method haust at the sam- D6522–00 (Re- pling port loca- approved 2005) a tion;. d. iii. If necessary, de- (3) Method 2 or 2C termine the ex- of 40 CFR 60, haust flowrate of appendix A–1 or the stationary in- Method 19 of 40 ternal combus- CFR part 60, ap- tion engine ex- pendix A–7. haust;. iv. If necessary, (4) Method 4 of 40 (c) Measurements to determine mois- measure mois- CFR part 60, ap- ture must be made at the same time ture content of pendix A–3, as the measurement for VOC con- the stationary in- Method 320 of centration. ternal combus- 40 CFR part 63, tion engine ex- appendix A e, or haust at the sam- ASTM Method pling port loca- D6348–03 de. tion; and. v. Measure VOC at (5) Methods 25A (d) Results of this test consist of the the exhaust of and 18 of 40 average of the three 1-hour or longer the stationary in- CFR part 60, ap- runs. ternal combus- pendices A–6 tion engine; if and A–7, Method using a control 25A with the use device, the sam- of a hydrocarbon pling site must cutter as de- be located at the scribed in 40 outlet of the con- CFR 1065.265, trol device. Method 18 of 40 CFR part 60, appendix A–6 ce, Method 320 of 40 CFR part 63, appendix A e, or ASTM Method D6348–03 de.

a Also, you may petition the Administrator for approval to use alternative methods for portable analyzer. b You may use ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses, for measuring the O2 content of the exhaust gas as an alternative to EPA Method 3B. AMSE PTC 19.10–1981 incorporated by reference, see 40 CFR 60.17 c You may use EPA Method 18 of 40 CFR part 60, appendix A–6, provided that you conduct an adequate pre-survey test prior to the emissions test, such as the one described in OTM 11 on EPA’s Web site (http://www.epa.gov/ttn/emc/prelim/otm11.pdf). d Incorporated by reference; see 40 CFR 60.17. e You must meet the requirements in § 60.4245(d).

[81 FR 59809, Aug. 30, 2016]

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TABLE 3 TO SUBPART JJJJ OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART JJJJ [As stated in § 60.4246, you must comply with the following applicable General Provisions]

General provisions citation Subject of citation Applies to subpart Explanation

§ 60.1 ...... General applicability of the Yes. General Provisions. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.4248. § 60.3 ...... Units and abbreviations ...... Yes. § 60.4 ...... Address ...... Yes. § 60.5 ...... Determination of construction Yes. or modification. § 60.6 ...... Review of plans ...... Yes. § 60.7 ...... Notification and Record- Yes ...... Except that § 60.7 only ap- keeping. plies as specified in § 60.4245. § 60.8 ...... Performance tests ...... Yes ...... Except that § 60.8 only applies to owners and operators who are subject to performance testing in subpart JJJJ. § 60.9 ...... Availability of information ...... Yes. § 60.10 ...... State Authority ...... Yes. § 60.11 ...... Compliance with standards Yes ...... Requirements are specified in and maintenance require- subpart JJJJ. ments. § 60.12 ...... Circumvention ...... Yes. § 60.13 ...... Monitoring requirements ...... No. § 60.14 ...... Modification ...... Yes. § 60.15 ...... Reconstruction ...... Yes. § 60.16 ...... Priority list ...... Yes. § 60.17 ...... Incorporations by reference ... Yes. § 60.18 ...... General control device re- No. quirements. § 60.19 ...... General notification and re- Yes. porting requirements.

TABLE 4 TO SUBPART JJJJ OF PART 60—APPLICABILITY OF MOBILE SOURCE PROVI- SIONS FOR MANUFACTURERS PARTICIPATING IN THE VOLUNTARY CERTIFICATION PROGRAM AND CERTIFYING STATIONARY SI ICE TO EMISSION STANDARDS IN TABLE 1 OF SUBPART JJJJ [As stated in § 60.4247, you must comply with the following applicable mobile source provisions if you are a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission standards in Table 1 of subpart JJJJ]

Mobile source provisions citation Subject of citation Applies to subpart Explanation

1048 subpart A ...... Overview and Applicability ..... Yes. 1048 subpart B ...... Emission Standards and Re- Yes ...... Except for the specific sec- lated Requirements. tions below. 1048.101 ...... Exhaust Emission Standards No. 1048.105 ...... Evaporative Emission Stand- No. ards. 1048.110 ...... Diagnosing Malfunctions ...... No. 1048.140 ...... Certifying Blue Sky Series No. Engines. 1048.145 ...... Interim Provisions ...... No. 1048 subpart C ...... Certifying Engine Families ..... Yes ...... Except for the specific sections below. 1048.205(b) ...... AECD reporting ...... Yes. 1048.205(c) ...... OBD Requirements ...... No. 1048.205(n) ...... Deterioration Factors ...... Yes ...... Except as indicated in 60.4247(c). 1048.205(p)(1) ...... Deterioration Factor Discus- Yes. sion. 1048.205(p)(2) ...... Liquid Fuels as they require .. No. 1048.240(b)(c)(d) ...... Deterioration Factors ...... Yes. 1048 subpart D ...... Testing Production-Line En- Yes. gines. 1048 subpart E ...... Testing In-Use Engines ...... No. 1048 subpart F ...... Test Procedures ...... Yes.

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[As stated in § 60.4247, you must comply with the following applicable mobile source provisions if you are a manufacturer participating in the voluntary certification program and certifying stationary SI ICE to emission standards in Table 1 of subpart JJJJ]

Mobile source provisions citation Subject of citation Applies to subpart Explanation

1065.5(a)(4) ...... Raw sampling (refers reader Yes. back to the specific emissions regulation for guidance). 1048 subpart G ...... Compliance Provisions ...... Yes. 1048 subpart H ...... Reserved. 1048 subpart I ...... Definitions and Other Ref- Yes. erence Information. 1048 appendix I and II ...... Yes. 1065 (all subparts) ...... Engine Testing Procedures ... Yes ...... Except for the specific section below. 1065.715 ...... Test Fuel Specifications for No. Natural Gas. 1068 (all subparts) ...... General Compliance Provi- Yes ...... Except for the specific sec- sions for Nonroad Pro- tions below. grams. 1068.245 ...... Hardship Provisions for Un- No. usual Circumstances. 1068.250 ...... Hardship Provisions for No. Small-Volume Manufactur- ers. 1068.255 ...... Hardship Provisions for No. Equipment Manufacturers and Secondary Engine Manufacturers.

Subpart KKKK—Standards of Per- mining whether or not this subpart is formance for Stationary Com- applicable to your turbine. Any addi- bustion Turbines tional heat input to associated heat recovery steam generators (HRSG) or duct burners should not be included SOURCE: 71 FR 38497, July 6, 2006, unless otherwise noted. when determining your peak heat input. However, this subpart does apply INTRODUCTION to emissions from any associated HRSG and duct burners. § 60.4300 What is the purpose of this (b) Stationary combustion turbines subpart? regulated under this subpart are ex- This subpart establishes emission empt from the requirements of subpart standards and compliance schedules for GG of this part. Heat recovery steam the control of emissions from sta- generators and duct burners regulated tionary combustion turbines that com- under this subpart are exempted from menced construction, modification or the requirements of subparts Da, Db, reconstruction after February 18, 2005. and Dc of this part.

APPLICABILITY § 60.4310 What types of operations are exempt from these standards of per- § 60.4305 Does this subpart apply to my stationary combustion turbine? formance? (a) If you are the owner or operator (a) Emergency combustion turbines, of a stationary combustion turbine as defined in § 60.4420(i), are exempt with a heat input at peak load equal to from the nitrogen oxides (NOX) emis- or greater than 10.7 gigajoules (10 sion limits in § 60.4320. MMBtu) per hour, based on the higher (b) Stationary combustion turbines heating value of the fuel, which com- engaged by manufacturers in research menced construction, modification, or and development of equipment for both reconstruction after February 18, 2005, combustion turbine emission control your turbine is subject to this subpart. techniques and combustion turbine ef- Only heat input to the combustion tur- ficiency improvements are exempt bine should be included when deter- from the NOX emission limits in 549

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§ 60.4320 on a case-by-case basis as de- subject stationary combustion turbine termined by the Administrator. any gases which contain SO2 in excess (c) Stationary combustion turbines of 110 nanograms per Joule (ng/J) (0.90 at integrated gasification combined pounds per megawatt-hour (lb/MWh)) cycle electric utility steam generating gross output; units that are subject to subpart Da of (2) You must not burn in the subject this part are exempt from this subpart. stationary combustion turbine any fuel (d) Combustion turbine test cells/ which contains total potential sulfur stands are exempt from this subpart. emissions in excess of 26 ng SO2/J (0.060 lb SO /MMBtu) heat input. If your tur- EMISSION LIMITS 2 bine simultaneously fires multiple § 60.4315 What pollutants are regu- fuels, each fuel must meet this require- lated by this subpart? ment; or The pollutants regulated by this sub- (3) For each stationary combustion turbine burning at least 50 percent part are nitrogen oxide (NOX) and sul- biogas on a calendar month basis, as fur dioxide (SO2). determined based on total heat input, § 60.4320 What emission limits must I you must not cause to be discharged meet for nitrogen oxides (NOX)? into the atmosphere from the affected (a) You must meet the emission lim- source any gases that contain SO2 in its for NOX specified in Table 1 to this excess of 65 ng SO2/J (0.15 lb SO2/ subpart. MMBtu) heat input. (b) If you have two or more turbines (b) If your turbine is located in a that are connected to a single gener- noncontinental area or a continental ator, each turbine must meet the emis- area that the Administrator deter- sion limits for NOX. mines does not have access to natural gas and that the removal of sulfur com- § 60.4325 What emission limits must I pounds would cause more environ- meet for NOX if my turbine burns mental harm than benefit, you must both natural gas and distillate oil comply with one or the other of the fol- (or some other combination of fuels)? lowing conditions: (1) You must not cause to be dis- You must meet the emission limits charged into the atmosphere from the specified in Table 1 to this subpart. If subject stationary combustion turbine your total heat input is greater than or any gases which contain SO in excess equal to 50 percent natural gas, you 2 of 780 ng/J (6.2 lb/MWh) gross output, or must meet the corresponding limit for a natural gas-fired turbine when you (2) You must not burn in the subject are burning that fuel. Similarly, when stationary combustion turbine any fuel your total heat input is greater than 50 which contains total sulfur with poten- percent distillate oil and fuels other tial sulfur emissions in excess of 180 ng than natural gas, you must meet the SO2/J (0.42 lb SO2/MMBtu) heat input. If corresponding limit for distillate oil your turbine simultaneously fires mul- and fuels other than natural gas for the tiple fuels, each fuel must meet this re- duration of the time that you burn quirement. that particular fuel. [71 FR 38497, July 6, 2006, as amended at 74 FR 11861, Mar. 20, 2009] § 60.4330 What emission limits must I meet for sulfur dioxide (SO2? GENERAL COMPLIANCE REQUIREMENTS (a) If your turbine is located in a continental area, you must comply with § 60.4333 What are my general require- either paragraph (a)(1), (a)(2), or (a)(3) ments for complying with this sub- of this section. If your turbine is lo- part? cated in Alaska, you do not have to (a) You must operate and maintain comply with the requirements in para- your stationary combustion turbine, graph (a) of this section until January air pollution control equipment, and 1, 2008. monitoring equipment in a manner (1) You must not cause to be dis- consistent with good air pollution con- charged into the atmosphere from the trol practices for minimizing emissions

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at all times including during startup, (3) For units complying with the out- shutdown, and malfunction. put-based standard, install, calibrate, (b) When an affected unit with heat maintain, and operate a watt meter (or recovery utilizes a common steam meters) to continuously measure the header with one or more combustion gross electrical output of the unit in turbines, the owner or operator shall megawatt-hours; and either: (4) For combined heat and power (1) Determine compliance with the units complying with the output-based applicable NO emissions limits by X standard, install, calibrate, maintain, measuring the emissions combined with the emissions from the other and operate meters for useful recovered unit(s) utilizing the common heat re- energy flow rate, temperature, and covery unit; or pressure, to continuously measure the (2) Develop, demonstrate, and provide total thermal energy output in British information satisfactory to the Admin- thermal units per hour (Btu/h). istrator on methods for apportioning the combined gross energy output from § 60.4340 How do I demonstrate con- the heat recovery unit for each of the tinuous compliance for NOX if I do affected combustion turbines. The Ad- not use water or steam injection? ministrator may approve such dem- (a) If you are not using water or onstrated substitute methods for ap- steam injection to control NOX emis- portioning the combined gross energy sions, you must perform annual per- output measured at the steam turbine formance tests in accordance with whenever the demonstration ensures § 60.4400 to demonstrate continuous accurate estimation of emissions re- compliance. If the NOX emission result lated under this part. from the performance test is less than MONITORING or equal to 75 percent of the NOX emission limit for the turbine, you may re- § 60.4335 How do I demonstrate com- duce the frequency of subsequent per- pliance for NOX if I use water or formance tests to once every 2 years steam injection? (no more than 26 calendar months fol- (a) If you are using water or steam lowing the previous performance test). injection to control NOX emissions, you If the results of any subsequent per- must install, calibrate, maintain and formance test exceed 75 percent of the operate a continuous monitoring sys- NOX emission limit for the turbine, you tem to monitor and record the fuel must resume annual performance tests. consumption and the ratio of water or (b) As an alternative, you may in- steam to fuel being fired in the turbine stall, calibrate, maintain and operate when burning a fuel that requires one of the following continuous moni- water or steam injection for compli- toring systems: ance. (b) Alternatively, you may use con- (1) Continuous emission monitoring tinuous emission monitoring, as fol- as described in §§ 60.4335(b) and 60.4345, lows: or (1) Install, certify, maintain, and op- (2) Continuous parameter monitoring erate a continuous emission moni- as follows: toring system (CEMS) consisting of a (i) For a diffusion flame turbine NOX monitor and a diluent gas (oxygen without add-on selective catalytic re- (O2) or carbon dioxide (CO2)) monitor, duction (SCR) controls, you must de- to determine the hourly NOX emission fine parameters indicative of the unit’s rate in parts per million (ppm) or NOX formation characteristics, and you pounds per million British thermal must monitor these parameters con- units (lb/MMBtu); and tinuously. (2) For units complying with the out- (ii) For any lean premix stationary put-based standard, install, calibrate, combustion turbine, you must continu- maintain, and operate a fuel flow ously monitor the appropriate param- meter (or flow meters) to continuously measure the heat input to the affected eters to determine whether the unit is unit; and operating in low-NOX mode.

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(iii) For any turbine that uses SCR to erated according to the manufacturer’s reduce NOX emissions, you must con- instructions. Alternatively, with state tinuously monitor appropriate param- approval, fuel flowmeters that meet eters to verify the proper operation of the installation, certification, and the emission controls. quality assurance requirements of ap- (iv) For affected units that are also pendix D to part 75 of this chapter are regulated under part 75 of this chapter, acceptable for use under this subpart. with state approval you can monitor (d) Each watt meter, steam flow the NOX emission rate using the meth- meter, and each pressure or tempera- odology in appendix E to part 75 of this ture measurement device shall be in- chapter, or the low mass emissions stalled, calibrated, maintained, and op- methodology in § 75.19, the require- erated according to manufacturer’s in- ments of this paragraph (b) may be met structions. by performing the parametric moni- (e) The owner or operator shall de- toring described in section 2.3 of part 75 velop and keep on-site a quality assur- appendix E or in § 75.19(c)(1)(iv)(H). ance (QA) plan for all of the continuous monitoring equipment described in § 60.4345 What are the requirements paragraphs (a), (c), and (d) of this sec- for the continuous emission moni- tion. For the CEMS and fuel flow me- toring system equipment, if I ters, the owner or operator may, with choose to use this option? state approval, satisfy the require- If the option to use a NOX CEMS is ments of this paragraph by imple- chosen: menting the QA program and plan de- (a) Each NOX diluent CEMS must be scribed in section 1 of appendix B to installed and certified according to part 75 of this chapter. Performance Specification 2 (PS 2) in appendix B to this part, except the 7- § 60.4350 How do I use data from the day calibration drift is based on unit continuous emission monitoring operating days, not calendar days. equipment to identify excess emis- With state approval, Procedure 1 in ap- sions? pendix F to this part is not required. For purposes of identifying excess Alternatively, a NOX diluent CEMS emissions: that is installed and certified accord- (a) All CEMS data must be reduced to ing to appendix A of part 75 of this hourly averages as specified in chapter is acceptable for use under this § 60.13(h). subpart. The relative accuracy test (b) For each unit operating hour in audit (RATA) of the CEMS shall be per- which a valid hourly average, as de- formed on a lb/MMBtu basis. scribed in § 60.4345(b), is obtained for (b) As specified in § 60.13(e)(2), during both NOX and diluent monitors, the each full unit operating hour, both the data acquisition and handling system NOX monitor and the diluent monitor must calculate and record the hourly must complete a minimum of one cycle NOX emission rate in units of ppm or of operation (sampling, analyzing, and lb/MMBtu, using the appropriate equa- data recording) for each 15-minute tion from method 19 in appendix A of quadrant of the hour, to validate the this part. For any hour in which the hour. For partial unit operating hours, hourly average O2 concentration ex- at least one valid data point must be ceeds 19.0 percent O2 (or the hourly av- obtained with each monitor for each erage CO2 concentration is less than 1.0 quadrant of the hour in which the unit percent CO2), a diluent cap value of 19.0 operates. For unit operating hours in percent O2 or 1.0 percent CO2 (as appli- which required quality assurance and cable) may be used in the emission cal- maintenance activities are performed culations. on the CEMS, a minimum of two valid (c) Correction of measured NOX con- data points (one in each of two quad- centrations to 15 percent O2 is not al- rants) are required for each monitor to lowed. validate the NOX emission rate for the (d) If you have installed and certified hour. a NOX diluent CEMS to meet the re- (c) Each fuel flowmeter shall be in- quirements of part 75 of this chapter, stalled, calibrated, maintained, and op- states can approve that only quality

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assured data from the CEMS shall be (Pe)c = electrical or mechanical energy out- used to identify excess emissions under put (if any) of the steam turbine in MW, this subpart. Periods where the missing and data substitution procedures in subpart QH∗ D of part 75 are applied are to be re- Ps = ()Eq. 3 ported as monitor downtime in the ex- 3.413 × 106 Btu/MWh cess emissions and monitoring per- Where: formance report required under Ps = useful thermal energy of the steam, § 60.7(c). measured relative to ISO conditions, not (e) All required fuel flow rate, steam used to generate additional electric or flow rate, temperature, pressure, and mechanical output, in MW, megawatt data must be reduced to Q = measured steam flow rate in lb/h, hourly averages. H = enthalpy of the steam at measured temperature and pressure relative to ISO (f) Calculate the hourly average NOX conditions, in Btu/lb, and 3.413 × 106 = emission rates, in units of the emission conversion from Btu/h to MW. standards under § 60.4320, using either Po = other useful heat recovery, measured ppm for units complying with the con- relative to ISO conditions, not used for centration limit or the following equa- steam generation or performance en- tion for units complying with the out- hancement of the combustion turbine. put based standard: (3) For mechanical drive applications (1) For simple-cycle operation: complying with the output-based standard, use the following equation: ()∗ () NOX HI E = hh()Eq. 1 () P NOX E = m ()Eq. 4 Where: BL ∗ AL E = hourly NOX emission rate, in lb/MWh, Where: (NO ) = hourly NO emission rate, in lb/ X h X E = NO emission rate in lb/MWh, MMBtu, X (NOX)m = NOX emission rate in lb/h, (HI)h = hourly heat input rate to the unit, in BL = manufacturer’s base load rating of tur- MMBtu/h, measured using the fuel flow- bine, in MW, and meter(s), e.g., calculated using Equation AL = actual load as a percentage of the base D–15a in appendix D to part 75 of this load. chapter, and P = gross energy output of the combustion (g) For simple cycle units without turbine in MW. heat recovery, use the calculated hour- (2) For combined-cycle and combined ly average emission rates from para- heat and power complying with the graph (f) of this section to assess excess output-based standard, use Equation 1 emissions on a 4-hour rolling average of this subpart, except that the gross basis, as described in § 60.4380(b)(1). energy output is calculated as the sum (h) For combined cycle and combined of the total electrical and mechanical heat and power units with heat recov- energy generated by the combustion ery, use the calculated hourly average turbine, the additional electrical or emission rates from paragraph (f) of mechanical energy (if any) generated this section to assess excess emissions by the steam turbine following the on a 30 unit operating day rolling aver- heat recovery steam generator, and 100 age basis, as described in § 60.4380(b)(1). percent of the total useful thermal en- § 60.4355 How do I establish and docu- ergy output that is not used to gen- ment a proper parameter moni- erate additional electricity or mechan- toring plan? ical output, expressed in equivalent (a) The steam or water to fuel ratio MW, as in the following equations: or other parameters that are continuously monitored as described in PPePePsPoEq= ()+ ()++ (). 2 tc §§ 60.4335 and 60.4340 must be monitored Where: during the performance test required P = gross energy output of the stationary under § 60.8, to establish acceptable val- combustion turbine system in MW. ues and ranges. You may supplement (Pe)t = electrical or mechanical energy out- the performance test data with engi- put of the combustion turbine in MW, neering analyses, design specifications,

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manufacturer’s recommendations and compounds (VOC) it is only important other relevant information to define to insure a minimum temperature, not the acceptable parametric ranges more a maximum). In this case, you may precisely. You must develop and keep conduct your study so that each pa- on-site a parameter monitoring plan rameter is at the significant limit of which explains the procedures used to its range while you conduct your emis- document proper operation of the NOX sions testing. If the emissions tests emission controls. The plan must: show that the source is in compliance (1) Include the indicators to be mon- at the significant limit of each param- itored and show there is a significant eter, then as long as each parameter is relationship to emissions and proper within its limit, you are presumed to operation of the NOX emission controls, be in compliance. (2) Pick ranges (or designated condi- (ii) Some or all indicators are signifi- tions) of the indicators, or describe the cant on both ends of the range. In this process by which such range (or designated condition) will be established, case, you may conduct your study so (3) Explain the process you will use that each parameter that is significant to make certain that you obtain data at both ends of its range assumes its that are representative of the emis- extreme values in all possible combina- sions or parameters being monitored tions of the extreme values (either sin- (such as detector location, installation gle or double) of all of the other param- specification if applicable), eters. For example, if there were only (4) Describe quality assurance and two parameters, A and B, and A had a control practices that are adequate to range of values while B had only a min- ensure the continuing validity of the imum value, the combinations would data, be A high with B minimum and A low (5) Describe the frequency of moni- with B minimum. If both A and B had toring and the data collection proce- a range, the combinations would be A dures which you will use (e.g., you are high and B high, A low and B low, A using a computerized data acquisition high and B low, A low and B high. For over a number of discrete data points the case of four parameters all having with the average (or maximum value) a range, there are 16 possible combina- being used for purposes of determining tions. whether an exceedance has occurred), (b) For affected units that are also and subject to part 75 of this chapter and (6) Submit justification for the pro- that have state approval to use the low posed elements of the monitoring. If a mass emissions methodology in § 75.19 proposed performance specification dif- or the NOX emission measurement fers from manufacturer recommenda- methodology in appendix E to part 75, tion, you must explain the reasons for you may meet the requirements of this the differences. You must submit the paragraph by developing and keeping data supporting the justification, but on-site (or at a central location for un- you may refer to generally available manned facilities) a QA plan, as de- sources of information used to support the justification. You may rely on en- scribed in § 75.19(e)(5) or in section 2.3 gineering assessments and other data, of appendix E to part 75 of this chapter provided you demonstrate factors and section 1.3.6 of appendix B to part which assure compliance or explain 75 of this chapter. why performance testing is unneces- sary to establish indicator ranges. § 60.4360 How do I determine the total sulfur content of the turbine’s com- When establishing indicator ranges, bustion fuel? you may choose to simplify the process by treating the parameters as if they You must monitor the total sulfur were correlated. Using this assump- content of the fuel being fired in the tion, testing can be divided into two turbine, except as provided in § 60.4365. cases: The sulfur content of the fuel must be (i) All indicators are significant only determined using total sulfur methods on one end of range (e.g., for a thermal described in § 60.4415. Alternatively, if incinerator controlling volatile organic the total sulfur content of the gaseous

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fuel during the most recent perform- § 60.4370 How often must I determine ance test was less than half the appli- the sulfur content of the fuel? cable limit, ASTM D4084, D4810, D5504, The frequency of determining the or D6228, or Gas Processors Association sulfur content of the fuel must be as Standard 2377 (all of which are incor- follows: porated by reference, see § 60.17), which (a) Fuel oil. For fuel oil, use one of measure the major sulfur compounds, may be used. the total sulfur sampling options and the associated sampling frequency de- § 60.4365 How can I be exempted from scribed in sections 2.2.3, 2.2.4.1, 2.2.4.2, monitoring the total sulfur content and 2.2.4.3 of appendix D to part 75 of of the fuel? this chapter (i.e., flow proportional You may elect not to monitor the sampling, daily sampling, sampling total sulfur content of the fuel com- from the unit’s storage tank after each busted in the turbine, if the fuel is addition of fuel to the tank, or sam- demonstrated not to exceed potential pling each delivery prior to combining sulfur emissions of 26 ng SO /J (0.060 lb it with fuel oil already in the intended 2 storage tank). SO2/MMBtu) heat input for units located in continental areas and 180 ng (b) Gaseous fuel. If you elect not to demonstrate sulfur content using op- SO2/J (0.42 lb SO2/MMBtu) heat input for units located in noncontinental tions in § 60.4365, and the fuel is sup- areas or a continental area that the plied without intermediate bulk stor- Administrator determines does not age, the sulfur content value of the have access to natural gas and that the gaseous fuel must be determined and removal of sulfur compounds would recorded once per unit operating day. cause more environmental harm than (c) Custom schedules. Notwithstanding benefit. You must use one of the fol- the requirements of paragraph (b) of lowing sources of information to make this section, operators or fuel vendors the required demonstration: may develop custom schedules for de- (a) The fuel quality characteristics in termination of the total sulfur content a current, valid purchase contract, tar- of gaseous fuels, based on the design iff sheet or transportation contract for and operation of the affected facility the fuel, specifying that the maximum and the characteristics of the fuel sup- total sulfur content for oil use in conti- ply. Except as provided in paragraphs nental areas is 0.05 weight percent (500 (c)(1) and (c)(2) of this section, custom ppmw) or less and 0.4 weight percent schedules shall be substantiated with (4,000 ppmw) or less for noncontinental data and shall be approved by the Ad- areas, the total sulfur content for nat- ministrator before they can be used to ural gas use in continental areas is 20 comply with the standard in § 60.4330. grains of sulfur or less per 100 standard (1) The two custom sulfur monitoring cubic feet and 140 grains of sulfur or schedules set forth in paragraphs less per 100 standard cubic feet for non- (c)(1)(i) through (iv) and in paragraph continental areas, has potential sulfur (c)(2) of this section are acceptable, emissions of less than less than 26 ng without prior Administrative approval: SO2/J (0.060 lb SO2/MMBtu) heat input (i) The owner or operator shall obtain for continental areas and has potential daily total sulfur content measure- sulfur emissions of less than less than ments for 30 consecutive unit operating 180 ng SO2/J (0.42 lb SO2/MMBtu) heat days, using the applicable methods input for noncontinental areas; or specified in this subpart. Based on the (b) Representative fuel sampling data results of the 30 daily samples, the re- which show that the sulfur content of quired frequency for subsequent moni- the fuel does not exceed 26 ng SO2/J toring of the fuel’s total sulfur content (0.060 lb SO2/MMBtu) heat input for shall be as specified in paragraph continental areas or 180 ng SO2/J (0.42 (c)(1)(ii), (iii), or (iv) of this section, as lb SO2/MMBtu) heat input for nonconti- applicable. nental areas. At a minimum, the (ii) If none of the 30 daily measure- amount of fuel sampling data specified ments of the fuel’s total sulfur content in section 2.3.1.4 or 2.3.2.4 of appendix D exceeds half the applicable standard, to part 75 of this chapter is required. subsequent sulfur content monitoring

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may be performed at 12-month inter- (ii) If the maximum fuel sulfur con- vals. If any of the samples taken at 12- tent obtained from any of the 720 hour- month intervals has a total sulfur con- ly samples exceeds 20 grains/100 scf, but tent greater than half but less than the none of the sulfur content values (when applicable limit, follow the procedures converted to weight percent sulfur) ex- in paragraph (c)(1)(iii) of this section. ceeds half the applicable limit, then If any measurement exceeds the appli- the minimum required sampling fre- cable limit, follow the procedures in quency shall be one sample at 12 month paragraph (c)(1)(iv) of this section. intervals. (iii) If at least one of the 30 daily (iii) If any sample result exceeds half measurements of the fuel’s total sulfur the applicable limit, but none exceeds content is greater than half but less the applicable limit, follow the provi- than the applicable limit, but none ex- sions of paragraph (c)(1)(iii) of this sec- ceeds the applicable limit, then: tion. (A) Collect and analyze a sample (iv) If the sulfur content of any of the every 30 days for 3 months. If any sul- 720 hourly samples exceeds the applica- fur content measurement exceeds the ble limit, follow the provisions of para- applicable limit, follow the procedures graph (c)(1)(iv) of this section. in paragraph (c)(1)(iv) of this section. REPORTING Otherwise, follow the procedures in paragraph (c)(1)(iii)(B) of this section. § 60.4375 What reports must I submit? (B) Begin monitoring at 6-month in- (a) For each affected unit required to tervals for 12 months. If any sulfur con- continuously monitor parameters or tent measurement exceeds the applica- emissions, or to periodically determine ble limit, follow the procedures in the fuel sulfur content under this subparagraph (c)(1)(iv) of this section. part, you must submit reports of excess Otherwise, follow the procedures in emissions and monitor downtime, in paragraph (c)(1)(iii)(C) of this section. accordance with § 60.7(c). Excess emis- (C) Begin monitoring at 12-month in- sions must be reported for all periods tervals. If any sulfur content measure- of unit operation, including start-up, ment exceeds the applicable limit, fol- shutdown, and malfunction. low the procedures in paragraph (b) For each affected unit that per- (c)(1)(iv) of this section. Otherwise, forms annual performance tests in ac- continue to monitor at this frequency. cordance with § 60.4340(a), you must (iv) If a sulfur content measurement submit a written report of the results exceeds the applicable limit, imme- of each performance test before the diately begin daily monitoring accord- close of business on the 60th day fol- ing to paragraph (c)(1)(i) of this sec- lowing the completion of the perform- tion. Daily monitoring shall continue ance test. until 30 consecutive daily samples, each having a sulfur content no greater § 60.4380 How are excess emissions than the applicable limit, are obtained. and monitor downtime defined for At that point, the applicable proce- NOX? dures of paragraph (c)(1)(ii) or (iii) of For the purpose of reports required this section shall be followed. under § 60.7(c), periods of excess emis- (2) The owner or operator may use sions and monitor downtime that must the data collected from the 720-hour be reported are defined as follows: sulfur sampling demonstration de- (a) For turbines using water or steam scribed in section 2.3.6 of appendix D to to fuel ratio monitoring: part 75 of this chapter to determine a (1) An excess emission is any unit op- custom sulfur sampling schedule, as erating hour for which the 4-hour roll- follows: ing average steam or water to fuel (i) If the maximum fuel sulfur con- ratio, as measured by the continuous tent obtained from the 720 hourly sam- monitoring system, falls below the ac- ples does not exceed 20 grains/100 scf, ceptable steam or water to fuel ratio no additional monitoring of the sulfur needed to demonstrate compliance content of the gas is required, for the with § 60.4320, as established during the purposes of this subpart. performance test required in § 60.8. Any

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unit operating hour in which no water temperature, and steam pressure are or steam is injected into the turbine only required if you will use this infor- when a fuel is being burned that re- mation for compliance purposes. quires water or steam injection for NOX (3) For operating periods during control will also be considered an ex- which multiple emissions standards cess emission. apply, the applicable standard is the (2) A period of monitor downtime is average of the applicable standards any unit operating hour in which water during each hour. For hours with mul- or steam is injected into the turbine, tiple emissions standards, the applica- but the essential parametric data need- ble limit for that hour is determined ed to determine the steam or water to based on the condition that cor- fuel ratio are unavailable or invalid. responded to the highest emissions (3) Each report must include the av- standard. erage steam or water to fuel ratio, av- (c) For turbines required to monitor erage fuel consumption, and the com- combustion parameters or parameters bustion turbine load during each excess that document proper operation of the emission. NOX emission controls: (b) For turbines using continuous (1) An excess emission is a 4-hour emission monitoring, as described in rolling unit operating hour average in §§ 60.4335(b) and 60.4345: which any monitored parameter does (1) An excess emissions is any unit not achieve the target value or is out- operating period in which the 4-hour or side the acceptable range defined in the 30-day rolling average NO emission X parameter monitoring plan for the rate exceeds the applicable emission unit. limit in § 60.4320. For the purposes of this subpart, a ‘‘4-hour rolling average (2) A period of monitor downtime is a NO emission rate’’ is the arithmetic unit operating hour in which any of the X required parametric data are either not average of the average NOX emission rate in ppm or ng/J (lb/MWh) measured recorded or are invalid. by the continuous emission monitoring § 60.4385 How are excess emissions equipment for a given hour and the and monitoring downtime defined three unit operating hour average NO X for SO2? emission rates immediately preceding that unit operating hour. Calculate the If you choose the option to monitor the sulfur content of the fuel, excess rolling average if a valid NOX emission rate is obtained for at least 3 of the 4 emissions and monitoring downtime hours. For the purposes of this subpart, are defined as follows: a ‘‘30-day rolling average NOX emission (a) For samples of gaseous fuel and rate’’ is the arithmetic average of all for oil samples obtained using daily hourly NOX emission data in ppm or ng/ sampling, flow proportional sampling, J (lb/MWh) measured by the continuous or sampling from the unit’s storage emission monitoring equipment for a tank, an excess emission occurs each given day and the twenty-nine unit op- unit operating hour included in the pe- erating days immediately preceding riod beginning on the date and hour of that unit operating day. A new 30-day any sample for which the sulfur con- average is calculated each unit oper- tent of the fuel being fired in the com- ating day as the average of all hourly bustion turbine exceeds the applicable NOX emissions rates for the preceding limit and ending on the date and hour 30 unit operating days if a valid NOX that a subsequent sample is taken that emission rate is obtained for at least 75 demonstrates compliance with the sul- percent of all operating hours. fur limit. (2) A period of monitor downtime is (b) If the option to sample each deliv- any unit operating hour in which the ery of fuel oil has been selected, you data for any of the following param- must immediately switch to one of the eters are either missing or invalid: NOX other oil sampling options (i.e., daily concentration, CO2 or O2 concentra- sampling, flow proportional sampling, tion, fuel flow rate, steam flow rate, or sampling from the unit’s storage steam temperature, steam pressure, or tank) if the sulfur content of a delivery megawatts. The steam flow rate, steam exceeds 0.05 weight percent. You must

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continue to use one of the other sam- trator. You must petition for the ex- pling options until all of the oil from emption. the delivery has been combusted, and you must evaluate excess emissions ac- § 60.4395 When must I submit my recording to paragraph (a) of this sec- ports? tion. When all of the fuel from the de- All reports required under § 60.7(c) livery has been burned, you may re- must be postmarked by the 30th day sume using the as-delivered sampling following the end of each 6-month pe- option. riod. (c) A period of monitor downtime be- PERFORMANCE TESTS gins when a required sample is not taken by its due date. A period of mon- § 60.4400 How do I conduct the initial itor downtime also begins on the date and subsequent performance tests, and hour of a required sample, if in- regarding NOX? valid results are obtained. The period (a) You must conduct an initial per- of monitor downtime ends on the date formance test, as required in § 60.8. and hour of the next valid sample. Subsequent NOX performance tests shall be conducted on an annual basis § 60.4390 What are my reporting re- (no more than 14 calendar months fol- quirements if I operate an emer- lowing the previous performance test). gency combustion turbine or a research and development turbine? (1) There are two general methodologies that you may use to conduct the (a) If you operate an emergency com- performance tests. For each test run: bustion turbine, you are exempt from (i) Measure the NOX concentration the NOX limit and must submit an ini- (in parts per million (ppm)), using EPA tial report to the Administrator stat- Method 7E or EPA Method 20 in appen- ing your case. dix A of this part. For units complying (b) Combustion turbines engaged by with the output based standard, con- manufacturers in research and develop- currently measure the stack gas flow ment of equipment for both combus- rate, using EPA Methods 1 and 2 in ap- tion turbine emission control tech- pendix A of this part, and measure and niques and combustion turbine effi- record the electrical and thermal out- ciency improvements may be exempted put from the unit. Then, use the fol- from the NOX limit on a case-by-case lowing equation to calculate the NOX basis as determined by the Adminis- emission rate:

1. 194 ×∗ 10−7 ()NO ∗ Q E = X c std ()Eq. 5 P

Where: turbines plus all useful recovered thermal output not used for additional elec- E = NOX emission rate, in lb/MWh 1.194 × 10¥7 = conversion constant, in lb/dscf- tric or mechanical generation, in MW, ppm calculated according to § 60.4350(f)(2); or (NOX)c = average NOX concentration for the (ii) Measure the NO and diluent gas run, in ppm X concentrations, using either EPA Qstd = stack gas volumetric flow rate, in dscf/ hr Methods 7E and 3A, or EPA Method 20 P = gross electrical and mechanical energy in appendix A of this part. Concur- output of the combustion turbine, in MW rently measure the heat input to the (for simple-cycle operation), for com- unit, using a fuel flowmeter (or flow- bined-cycle operation, the sum of all meters), and measure the electrical electrical and mechanical output from and thermal output of the unit. Use the combustion and steam turbines, or, for combined heat and power operation, EPA Method 19 in appendix A of this the sum of all electrical and mechanical part to calculate the NOX emission rate output from the combustion and steam in lb/MMBtu. Then, use Equations 1

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and, if necessary, 2 and 3 in § 60.4350(f) or the individual traverse point diluent to calculate the NOX emission rate in concentrations differs by no more than lb/MWh. ±3ppm or ±0.3 percent CO2 (or O2) from (2) Sampling traverse points for NOX the mean for all traverse points; or and (if applicable) diluent gas are to be (C) For turbines with a NOX standard selected following EPA Method 20 or less than or equal to 15 ppm @ 15% O2, EPA Method 1 (non-particulate proce- you may sample at a single point, lo- dures), and sampled for equal time in- cated at least 1 meter from the stack tervals. The sampling must be per- wall or at the stack centroid if each of formed with a traversing single-hole the individual traverse point NOX con- probe, or, if feasible, with a stationary centrations is within ±2.5 percent of multi-hole probe that samples each of the mean concentration for all traverse the points sequentially. Alternatively, points, or the individual traverse point a multi-hole probe designed and docu- diluent concentrations differs by no mented to sample equal volumes from more than ±1ppm or ±0.15 percent CO2 each hole may be used to sample simul- (or O2) from the mean for all traverse taneously at the required points. points. (3) Notwithstanding paragraph (a)(2) (b) The performance test must be of this section, you may test at fewer done at any load condition within plus points than are specified in EPA Meth- or minus 25 percent of 100 percent of od 1 or EPA Method 20 in appendix A of peak load. You may perform testing at this part if the following conditions are the highest achievable load point, if at met: least 75 percent of peak load cannot be (i) You may perform a stratification achieved in practice. You must conduct test for NOX and diluent pursuant to three separate test runs for each per- (A) [Reserved], or formance test. The minimum time per (B) The procedures specified in sec- run is 20 minutes. tion 6.5.6.1(a) through (e) of appendix A (1) If the stationary combustion tur- of part 75 of this chapter. bine combusts both oil and gas as pri- (ii) Once the stratification sampling mary or backup fuels, separate per- is completed, you may use the fol- formance testing is required for each lowing alternative sample point selec- fuel. tion criteria for the performance test: (2) For a combined cycle and CHP (A) If each of the individual traverse turbine systems with supplemental point NOX concentrations is within ±10 heat (duct burner), you must measure percent of the mean concentration for the total NOX emissions after the duct all traverse points, or the individual burner rather than directly after the traverse point diluent concentrations turbine. The duct burner must be in op- differs by no more than ±5ppm or ±0.5 eration during the performance test. percent CO2 (or O2) from the mean for (3) If water or steam injection is used all traverse points, then you may use to control NOX with no additional post- three points (located either 16.7, 50.0 combustion NOX control and you and 83.3 percent of the way across the choose to monitor the steam or water stack or duct, or, for circular stacks or to fuel ratio in accordance with ducts greater than 2.4 meters (7.8 feet) § 60.4335, then that monitoring system in diameter, at 0.4, 1.2, and 2.0 meters must be operated concurrently with from the wall). The three points must each EPA Method 20 or EPA Method 7E be located along the measurement line run and must be used to determine the that exhibited the highest average NOX fuel consumption and the steam or concentration during the stratification water to fuel ratio necessary to comply test; or with the applicable § 60.4320 NOX emis- (B) For turbines with a NOX standard sion limit. greater than 15 ppm @ 15% O2, you may (4) Compliance with the applicable sample at a single point, located at emission limit in § 60.4320 must be dem- least 1 meter from the stack wall or at onstrated at each tested load level. the stack centroid if each of the indi- Compliance is achieved if the three-run vidual traverse point NOX concentra- arithmetic average NOX emission rate tions is within ±5 percent of the mean at each tested level meets the applica- concentration for all traverse points, ble emission limit in § 60.4320.

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(5) If you elect to install a CEMS, the § 60.4415 How do I conduct the initial performance evaluation of the CEMS and subsequent performance tests may either be conducted separately or for sulfur? (as described in § 60.4405) as part of the (a) You must conduct an initial per- initial performance test of the affected formance test, as required in § 60.8. unit. Subsequent SO2 performance tests (6) The ambient temperature must be shall be conducted on an annual basis greater than 0 °F during the perform- (no more than 14 calendar months fol- ance test. lowing the previous performance test). There are three methodologies that § 60.4405 How do I perform the initial you may use to conduct the perform- performance test if I have chosen to ance tests. install a NOX-diluent CEMS? (1) If you choose to periodically de- If you elect to install and certify a termine the sulfur content of the fuel combusted in the turbine, a representa- NOX-diluent CEMS under § 60.4345, then the initial performance test required tive fuel sample would be collected fol- under § 60.8 may be performed in the lowing ASTM D5287 (incorporated by following alternative manner: reference, see § 60.17) for natural gas or (a) Perform a minimum of nine ASTM D4177 (incorporated by ref- RATA reference method runs, with a erence, see § 60.17) for oil. Alter- minimum time per run of 21 minutes, natively, for oil, you may follow the at a single load level, within plus or procedures for manual pipeline sam- minus 25 percent of 100 percent of peak pling in section 14 of ASTM D4057 (in- load. The ambient temperature must corporated by reference, see § 60.17). be greater than 0 °F during the RATA The fuel analyses of this section may runs. be performed either by you, a service contractor retained by you, the fuel (b) For each RATA run, concurrently vendor, or any other qualified agency. measure the heat input to the unit Analyze the samples for the total sul- using a fuel flow meter (or flow meters) fur content of the fuel using: and measure the electrical and thermal (i) For liquid fuels, ASTM D129, or al- output from the unit. ternatively D1266, D1552, D2622, D4294, (c) Use the test data both to dem- or D5453 (all of which are incorporated onstrate compliance with the applica- by reference, see § 60.17); or ble NOX emission limit under § 60.4320 (ii) For gaseous fuels, ASTM D1072, and to provide the required reference or alternatively D3246, D4084, D4468, method data for the RATA of the D4810, D6228, D6667, or Gas Processors CEMS described under § 60.4335. Association Standard 2377 (all of which (d) Compliance with the applicable are incorporated by reference, see emission limit in § 60.4320 is achieved if § 60.17). the arithmetic average of all of the (2) Measure the SO2 concentration (in NOX emission rates for the RATA runs, parts per million (ppm)), using EPA expressed in units of ppm or lb/MWh, Methods 6, 6C, 8, or 20 in appendix A of does not exceed the emission limit. this part. In addition, the American Society of Mechanical Engineers § 60.4410 How do I establish a valid pa- (ASME) standard, ASME PTC 19–10– rameter range if I have chosen to 1981–Part 10, ‘‘Flue and Exhaust Gas continuously monitor parameters? Analyses,’’ manual methods for sulfur If you have chosen to monitor com- dioxide (incorporated by reference, see bustion parameters or parameters in- § 60.17) can be used instead of EPA dicative of proper operation of NOX Methods 6 or 20. For units complying emission controls in accordance with with the output based standard, con- § 60.4340, the appropriate parameters currently measure the stack gas flow must be continuously monitored and rate, using EPA Methods 1 and 2 in ap- recorded during each run of the initial pendix A of this part, and measure and performance test, to establish accept- record the electrical and thermal out- able operating ranges, for purposes of put from the unit. Then use the fol- the parameter monitoring plan for the lowing equation to calculate the SO2 affected unit, as specified in § 60.4355. emission rate:

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1. 664 ×∗ 10−7 ()SO ∗ Q E = 2 c std ()Eq. 6 P

Where: conditions. Biogas is comprised pri-

E = SO2 emission rate, in lb/MWh marily of methane and CO2. 1.664 × 10¥7 = conversion constant, in lb/dscf- Combined cycle combustion turbine ppm means any stationary combustion tur- (SO2)c = average SO2 concentration for the bine which recovers heat from the com- run, in ppm bustion turbine exhaust gases to gen- Qstd = stack gas volumetric flow rate, in dscf/ hr erate steam that is only used to create P = gross electrical and mechanical energy additional power output in a steam output of the combustion turbine, in MW turbine. (for simple-cycle operation), for com- Combined heat and power combustion bined-cycle operation, the sum of all turbine means any stationary combus- electrical and mechanical output from tion turbine which recovers heat from the combustion and steam turbines, or, the exhaust gases to heat water or an- for combined heat and power operation, other medium, generate steam for use- the sum of all electrical and mechanical output from the combustion and steam ful purposes other than additional elec- turbines plus all useful recovered ther- tric generation, or directly uses the mal output not used for additional elec- heat in the exhaust gases for a useful tric or mechanical generation, in MW, purpose. calculated according to § 60.4350(f)(2); or Combustion turbine model means a group of combustion turbines having (3) Measure the SO2 and diluent gas concentrations, using either EPA the same nominal air flow, combustor Methods 6, 6C, or 8 and 3A, or 20 in ap- inlet pressure, combustor inlet tem- pendix A of this part. In addition, you perature, firing temperature, turbine may use the manual methods for sulfur inlet temperature and turbine inlet dioxide ASME PTC 19–10–1981–Part 10 pressure. (incorporated by reference, see § 60.17). Combustion turbine test cell/stand Concurrently measure the heat input means any apparatus used for testing to the unit, using a fuel flowmeter (or uninstalled stationary or uninstalled flowmeters), and measure the elec- mobile (motive) combustion turbines. trical and thermal output of the unit. Diffusion flame stationary combustion Use EPA Method 19 in appendix A of turbine means any stationary combustion turbine where fuel and air are in- this part to calculate the SO2 emission rate in lb/MMBtu. Then, use Equations jected at the combustor and are mixed 1 and, if necessary, 2 and 3 in § 60.4350(f) only by diffusion prior to ignition. Duct burner means a device that com- to calculate the SO2 emission rate in lb/MWh. busts fuel and that is placed in the ex- (b) [Reserved] haust duct from another source, such as a stationary combustion turbine, in- DEFINITIONS ternal combustion engine, kiln, etc., to allow the firing of additional fuel to § 60.4420 What definitions apply to this heat the exhaust gases before the ex- subpart? haust gases enter a heat recovery As used in this subpart, all terms not steam generating unit. defined herein will have the meaning Efficiency means the combustion tur- given them in the Clean Air Act and in bine manufacturer’s rated heat rate at subpart A (General Provisions) of this peak load in terms of heat input per part. unit of power output—based on the Biogas means gas produced by the an- higher heating value of the fuel. aerobic digestion or fermentation of Emergency combustion turbine means organic matter including manure, sew- any stationary combustion turbine age sludge, municipal solid waste, bio- which operates in an emergency situa- degradable waste, or any other bio- tion. Examples include stationary com- degradable feedstock, under anaerobic bustion turbines used to produce power

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for critical networks or equipment, in- steam generating unit that burns a cluding power supplied to portions of a synthetic gas derived from coal in a facility, when electric power from the combined-cycle gas turbine. No solid local utility is interrupted, or sta- coal is directly burned in the unit dur- tionary combustion turbines used to ing operation. pump water in the case of fire or flood, ISO conditions means 288 Kelvin, 60 etc. Emergency stationary combustion percent relative humidity and 101.3 turbines do not include stationary kilopascals pressure. combustion turbines used as peaking Lean premix stationary combustion tur- units at electric utilities or stationary bine means any stationary combustion combustion turbines at industrial fa- turbine where the air and fuel are thor- cilities that typically operate at low oughly mixed to form a lean mixture capacity factors. Emergency combus- before delivery to the combustor. Mix- tion turbines may be operated for the ing may occur before or in the combus- purpose of maintenance checks and tion chamber. A lean premixed turbine readiness testing, provided that the may operate in diffusion flame mode tests are required by the manufacturer, during operating conditions such as the vendor, or the insurance company startup and shutdown, extreme ambi- associated with the turbine. Required ent temperature, or low or transient testing of such units should be mini- load. mized, but there is no time limit on the Natural gas means a naturally occur- use of emergency combustion turbines. ring fluid mixture of hydrocarbons Excess emissions means a specified (e.g., methane, ethane, or propane) pro- averaging period over which either (1) duced in geological formations beneath the NOX emissions are higher than the the Earth’s surface that maintains a applicable emission limit in § 60.4320; gaseous state at standard atmospheric (2) the total sulfur content of the fuel temperature and pressure under ordi- being combusted in the affected facil- nary conditions. Additionally, natural ity exceeds the limit specified in gas must either be composed of at least § 60.4330; or (3) the recorded value of a 70 percent methane by volume or have particular monitored parameter is out- a gross calorific value between 950 and side the acceptable range specified in 1,100 British thermal units (Btu) per the parameter monitoring plan for the standard cubic foot. Natural gas does affected unit. not include the following gaseous fuels: Gross useful output means the gross landfill gas, digester gas, refinery gas, useful work performed by the sta- sour gas, blast furnace gas, coal-de- tionary combustion turbine system. rived gas, producer gas, coke oven gas, For units using the mechanical energy or any gaseous fuel produced in a proc- directly or generating only electricity, ess which might result in highly vari- the gross useful work performed is the able sulfur content or heating value. gross electrical or mechanical output Noncontinental area means the State from the turbine/generator set. For of Hawaii, the Virgin Islands, Guam, combined heat and power units, the American Samoa, the Commonwealth gross useful work performed is the of Puerto Rico, the Northern Mariana gross electrical or mechanical output Islands, or offshore platforms. plus the useful thermal output (i.e., Peak load means 100 percent of the thermal energy delivered to a process). manufacturer’s design capacity of the Heat recovery steam generating unit combustion turbine at ISO conditions. means a unit where the hot exhaust Regenerative cycle combustion turbine gases from the combustion turbine are means any stationary combustion tur- routed in order to extract heat from bine which recovers heat from the com- the gases and generate steam, for use bustion turbine exhaust gases to pre- in a steam turbine or other device that heat the inlet combustion air to the utilizes steam. Heat recovery steam combustion turbine. generating units can be used with or Simple cycle combustion turbine means without duct burners. any stationary combustion turbine Integrated gasification combined cycle which does not recover heat from the electric utility steam generating unit combustion turbine exhaust gases to means a coal-fired electric utility preheat the inlet combustion air to the

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combustion turbine, or which does not It is not necessary for fuel to be com- recover heat from the combustion tur- busted continuously for the entire 24- bine exhaust gases for purposes other hour period. than enhancing the performance of the Unit operating hour means a clock combustion turbine itself. hour during which any fuel is com- Stationary combustion turbine means busted in the affected unit. If the unit all equipment, including but not lim- combusts fuel for the entire clock ited to the turbine, the fuel, air, lubri- hour, it is considered to be a full unit cation and exhaust gas systems, con- operating hour. If the unit combusts trol systems (except emissions control fuel for only part of the clock hour, it equipment), heat recovery system, and is considered to be a partial unit oper- any ancillary components and sub- ating hour. components comprising any simple Useful thermal output means the ther- cycle stationary combustion turbine, mal energy made available for use in any regenerative/recuperative cycle any industrial or commercial process, stationary combustion turbine, any or used in any heating or cooling appli- combined cycle combustion turbine, cation, i.e., total thermal energy made and any combined heat and power com- available for processes and applications bustion turbine based system. Sta- other than electrical or mechanical tionary means that the combustion generation. Thermal output for this turbine is not self propelled or intended subpart means the energy in recovered to be propelled while performing its function. It may, however, be mounted thermal output measured against the on a vehicle for portability. energy in the thermal output at 15 de- Unit operating day means a 24-hour grees Celsius and 101.325 kilopascals of period between 12 midnight and the fol- pressure. lowing midnight during which any fuel [71 FR 38497, July 6, 2006, as amended at 74 is combusted at any time in the unit. FR 11861, Mar. 20, 2009]

TABLE 1 TO SUBPART KKKK OF PART 60—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION TURBINES

Combustion turbine heat input at peak Combustion turbine type load NOX emission standard (HHV)

New turbine firing natural gas, electric ≤ 50 MMBtu/h ...... 42 ppm at 15 percent O2 or 290 ng/J of generating. useful output (2.3 lb/MWh).

New turbine firing natural gas, mechan- ≤ 50 MMBtu/h ...... 100 ppm at 15 percent O2 or 690 ng/J of ical drive. useful output (5.5 lb/MWh).

New turbine firing natural gas ...... > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 25 ppm at 15 percent O2 or 150 ng/J of useful output (1.2 lb/MWh).

New, modified, or reconstructed turbine > 850 MMBtu/h ...... 15 ppm at 15 percent O2 or 54 ng/J of firing natural gas. useful output (0.43 lb/MWh)

New turbine firing fuels other than natural ≤ 50 MMBtu/h ...... 96 ppm at 15 percent O2 or 700 ng/J of gas, electric generating. useful output (5.5 lb/MWh).

New turbine firing fuels other than natural ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J gas, mechanical drive. of useful output (8.7 lb/MWh).

New turbine firing fuels other than natural > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 74 ppm at 15 percent O2 or 460 ng/J of gas. useful output (3.6 lb/MWh).

New, modified, or reconstructed turbine > 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 160 ng/J of firing fuels other than natural gas. useful output (1.3 lb/MWh).

Modified or reconstructed turbine ...... ≤ 50 MMBtu/h ...... 150 ppm at 15 percent O2 or 1,100 ng/J of useful output (8.7 lb/MWh).

Modified or reconstructed turbine firing > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 42 ppm at 15 percent O2 or 250 ng/J of natural gas. useful output (2.0 lb/MWh).

Modified or reconstructed turbine firing > 50 MMBtu/h and ≤ 850 MMBtu/h ...... 96 ppm at 15 percent O2 or 590 ng/J of fuels other than natural gas. useful output (4.7 lb/MWh).

Turbines located north of the Arctic Circle ≤ 30 MW output ...... 150 ppm at 15 percent O2 or 1,100 ng/J (latitude 66.5 degrees north), turbines of useful output (8.7 lb/MWh). operating at less than 75 percent of peak load, modified and reconstructed offshore turbines, and turbine operating at temperatures less than 0 °F.

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Combustion turbine heat input at peak Combustion turbine type load NOX emission standard (HHV)

Turbines located north of the Arctic Circle > 30 MW output ...... 96 ppm at 15 percent O2 or 590 ng/J of (latitude 66.5 degrees north), turbines useful output (4.7 lb/MWh). operating at less than 75 percent of peak load, modified and reconstructed offshore turbines, and turbine operating at temperatures less than 0 °F. Heat recovery units operating inde- All sizes ...... 54 ppm at 15 percent O2 or 110 ng/J of pendent of the combustion turbine. useful output (0.86 lb/MWh).

Subpart LLLL—Standards of Per- (b) Your SSI unit is a SSI unit as de- formance for New Sewage fined in § 60.4930. (c) Your SSI unit is not exempt under Sludge Incineration Units § 60.4780.

SOURCE: 76 FR 15404, Mar. 21, 2011, unless § 60.4775 What is a new sewage sludge otherwise noted. incineration unit? (a) A new SSI unit is a SSI unit that INTRODUCTION meets either of the two criteria speci- § 60.4760 What does this subpart do? fied in paragraph (a)(1) or (a)(2) of this section. This subpart establishes new source (1) Commenced construction after performance standards for sewage October 14, 2010. sludge incineration (SSI) units. To the (2) Commenced modification after extent any requirement of this subpart September 21, 2011. is inconsistent with the requirements (b) Physical or operational changes of subpart A of this part, the require- made to your SSI unit to comply with ments of this subpart will apply. the emission guidelines in subpart MMMM of this part (Emission Guide- § 60.4765 When does this subpart be- lines and Compliance Times for Exist- come effective? ing Sewage Sludge Incineration Units) This subpart takes effect on Sep- do not qualify as a modification under tember 21, 2011. Some of the require- this subpart. ments in this subpart apply to planning a SSI unit and must be completed § 60.4780 What sewage sludge inciner- even before construction is initiated on ation units are exempt from this a SSI unit (i.e., the preconstruction re- subpart? quirements in §§ 60.4800 and 60.4805). This subpart exempts combustion Other requirements such as the emis- units that incinerate sewage sludge sion limits, emission standards, and op- and are not located at a wastewater erating limits apply after the SSI unit treatment facility designed to treat do- begins operation. mestic sewage sludge. These units may be subject to another subpart of this APPLICABILITY AND DELEGATION OF part (e.g., subpart CCCC of this part). AUTHORITY The owner or operator of such a combustion unit must notify the Adminis- § 60.4770 Does this subpart apply to trator of an exemption claim under my sewage sludge incineration this section. unit? Yes, your SSI unit is an affected § 60.4785 Who implements and en- source if it meets all the criteria speci- forces this subpart? fied in paragraphs (a) through (c) of (a) This subpart can be implemented this section. and enforced by the Administrator, as (a) Your SSI unit is a SSI unit for defined in § 60.2, or a delegated author- which construction commenced after ity such as your state, local, or tribal October 14, 2010 or for which modifica- agency. If the Administrator has dele- tion commenced after September 21, gated authority to your state, local, or 2011. tribal agency, then that agency (as

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well as the Administrator) has the au- struction of the SSI unit. The operator thority to implement and enforce this training and qualification, emission subpart. You should contact your EPA limits, emission standards, operating Regional Office to find out if this sub- limits, performance testing, and compart is delegated to your state, local, pliance, monitoring, and most record- or tribal agency. keeping and reporting requirements (b) In delegating implementation and are met after the SSI unit begins oper- enforcement authority of this subpart ation. to a state, local, or tribal agency, the authorities contained in paragraph (c) PRECONSTRUCTION SITING ANALYSIS of this section are retained by the Ad- ministrator and are not transferred to § 60.4800 Who must prepare a siting the state, local, or tribal agency. analysis? (c) The authorities that will not be (a) You must prepare a siting anal- delegated to state, local, or tribal ysis if you plan to commence construc- agencies are specified in paragraphs tion of a SSI unit after October 14, 2010. (c)(1) through (c)(8) of this section. (b) You must prepare a siting anal- (1) Approval of alternatives to the ysis if you are required to submit an emission limits and standards in Ta- initial application for a construction bles 1 and 2 to this subpart and oper- permit under 40 CFR part 51, subpart I, ating limits established under § 60.4850. or 40 CFR part 52, as applicable, for the (2) Approval of major alternatives to modification of your SSI unit. test methods. (3) Approval of major alternatives to § 60.4805 What is a siting analysis? monitoring. (a) The siting analysis must consider (4) Approval of major alternatives to air pollution control alternatives that recordkeeping and reporting. minimize, on a site-specific basis, to (5) The requirements in § 60.4855. the maximum extent practicable, po- (6) The requirements in § 60.4835(b)(2). tential risks to public health or the en- (7) Performance test and data reduc- vironment, including impacts of the af- tion waivers under § 60.8(b). fected SSI unit on ambient air quality, (8) Preconstruction siting analysis in §§ 60.4800 and 60.4805. visibility, soils, and vegetation. In considering such alternatives, the analysis § 60.4790 How are these new source may consider costs, energy impacts, performance standards structured? nonair environmental impacts, or any These new source performance stand- other factors related to the practica- ards contain the nine major compo- bility of the alternatives. nents listed in paragraphs (a) through (b) Analyses of your SSI unit’s im- (i) of this section. pacts that are prepared to comply with (a) Preconstruction siting analysis. state, local, or other Federal regu- (b) Operator training and qualifica- latory requirements may be used to tion. satisfy the requirements of this sec- (c) Emission limits, emission stand- tion, provided they include the consid- ards, and operating limits. eration of air pollution control alter- (d) Initial compliance requirements. natives specified in paragraph (a) of (e) Continuous compliance require- this section. ments. (c) You must complete and submit (f) Performance testing, monitoring, the siting requirements of this section and calibration requirements. as required under § 60.4915(a)(3) prior to (g) Recordkeeping and reporting. commencing construction. (h) Definitions. (i) Tables. OPERATOR TRAINING AND QUALIFICATION

§ 60.4795 Do all nine components of § 60.4810 What are the operator train- these new source performance ing and qualification requirements? standards apply at the same time? (a) A SSI unit cannot be operated un- No. You must meet the less a fully trained and qualified SSI preconstruction siting analysis re- unit operator is accessible, either at quirements before you commence con- the facility or can be at the facility

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within 1 hour. The trained and quali- § 60.4815 When must the operator fied SSI unit operator may operate the training course be completed? SSI unit directly or be the direct su- The operator training course must be pervisor of one or more other plant per- completed by the later of the two dates sonnel who operate the unit. If all specified in paragraphs (a) and (b) of qualified SSI unit operators are tempo- this section. rarily not accessible, you must follow (a) Six months after your SSI unit the procedures in § 60.4835. startup. (b) Operator training and qualifica- (b) The date before an employee as- tion must be obtained through a state- sumes responsibility for operating the approved program or by completing the SSI unit or assumes responsibility for requirements included in paragraph (c) supervising the operation of the SSI of this section. unit. (c) Training must be obtained by completing an incinerator operator § 60.4820 How do I obtain my operator training course that includes, at a min- qualification? imum, the three elements described in (a) You must obtain operator quali- paragraphs (c)(1) through (c)(3) of this fication by completing a training section. course that satisfies the criteria under (1) Training on the 10 subjects listed § 60.4810(b). in paragraphs (c)(1)(i) through (c)(1)(x) (b) Qualification is valid from the of this section. date on which the training course is (i) Environmental concerns, includ- completed and the operator success- ing types of emissions. fully passes the examination required (ii) Basic combustion principles, in- under § 60.4810(c)(2). cluding products of combustion. § 60.4825 How do I maintain my oper- (iii) Operation of the specific type of ator qualification? incinerator to be used by the operator, including proper startup, sewage sludge To maintain qualification, you must feeding, and shutdown procedures. complete an annual review or refresher (iv) Combustion controls and moni- course covering, at a minimum, the five topics described in paragraphs (a) toring. through (e) of this section. (v) Operation of air pollution control (a) Update of regulations. equipment and factors affecting per- (b) Incinerator operation, including formance (if applicable). startup and shutdown procedures, sew- (vi) Inspection and maintenance of age sludge feeding, and ash handling. the incinerator and air pollution con- (c) Inspection and maintenance. trol devices. (d) Prevention of malfunctions or (vii) Actions to prevent malfunctions conditions that may lead to malfunc- or to prevent conditions that may lead tion. to malfunctions. (e) Discussion of operating problems (viii) Bottom and fly ash characteris- encountered by attendees. tics and handling procedures. (ix) Applicable Federal, State, and § 60.4830 How do I renew my lapsed local regulations, including Occupa- operator qualification? tional Safety and Health Administra- You must renew a lapsed operator tion workplace standards. qualification before you begin oper- (x) Pollution prevention. ation of a SSI unit by one of the two (2) An examination designed and ad- methods specified in paragraphs (a) and ministered by the state-approved pro- (b) of this section. gram. (a) For a lapse of less than 3 years, (3) Written material covering the you must complete a standard annual training course topics that may serve refresher course described in § 60.4825. as reference material following comple- (b) For a lapse of 3 years or more, tion of the course. you must repeat the initial qualification requirements in § 60.4820(a).

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§ 60.4835 What if all the qualified oper- § 60.4840 What site-specific docu- ators are temporarily not acces- mentation is required and how sible? often must it be reviewed by quali- If a qualified operator is not at the fied operators and plant personnel? facility and cannot be at the facility (a) You must maintain at the facility within 1 hour, you must meet the cri- the documentation of the operator teria specified in either paragraph (a) training procedures specified under or (b) of this section, depending on the § 60.4910(c)(1) and make the documenta- length of time that a qualified operator tion readily accessible to all SSI unit is not accessible. operators. (a) When a qualified operator is not (b) You must establish a program for accessible for more than 8 hours, the reviewing the information listed in SSI unit may be operated for less than § 60.4910(c)(1) with each qualified incin- 2 weeks by other plant personnel who erator operator and other plant per- are familiar with the operation of the sonnel who may operate the unit ac- SSI unit and who have completed a recording to the provisions of § 60.4835(a), view of the information specified in according to the following schedule: § 60.4840 within the past 12 months. (1) The initial review of the informa- However, you must record the period tion listed in § 60.4910(c)(1) must be con- when a qualified operator was not ac- ducted within 6 months after the effec- cessible and include this deviation in tive date of this subpart or prior to an the annual report as specified under employee’s assumption of responsibil- § 60.4915(d). ities for operation of the SSI unit, (b) When a qualified operator is not whichever date is later. accessible for 2 weeks or more, you (2) Subsequent annual reviews of the must take the two actions that are de- information listed in § 60.4910(c)(1) must scribed in paragraphs (b)(1) and (b)(2) of be conducted no later than 12 months this section. following the previous review. (1) Notify the Administrator of this EMISSION LIMITS, EMISSION STANDARDS, deviation in writing within 10 days. In AND OPERATING LIMITS AND REQUIRE- the notice, state what caused this devi- MENTS ation, what you are doing to ensure that a qualified operator is accessible, § 60.4845 What emission limits and and when you anticipate that a quali- standards must I meet and by fied operator will be accessible. when? (2) Submit a status report to the Ad- You must meet the emission limits ministrator every 4 weeks outlining and standards specified in Table 1 or 2 what you are doing to ensure that a to this subpart within 60 days after qualified operator is accessible, stating your SSI unit reaches the feed rate at when you anticipate that a qualified which it will operate or within 180 days operator will be accessible, and re- after its initial startup, whichever questing approval from the Adminis- comes first. The emission limits and trator to continue operation of the SSI standards apply at all times the unit is unit. You must submit the first status operating, and during periods of mal- report 4 weeks after you notify the Ad- function. The emission limits and ministrator of the deviation under standards apply to emissions from a paragraph (b)(1) of this section. bypass stack or vent while sewage (i) If the Administrator notifies you sludge is in the combustion chamber that your request to continue oper- (i.e., until the sewage sludge feed to the ation of the SSI unit is disapproved, combustor has been cut off for a period the SSI unit may continue operation of time not less than the sewage sludge for 30 days, and then must cease oper- incineration residence time). ation. (ii) Operation of the unit may resume § 60.4850 What operating limits and re- if a qualified operator is accessible as quirements must I meet and by required under § 60.4810(a). You must when? notify the Administrator within 5 days You must meet, as applicable, the op- of having resumed operations and of erating limits and requirements speci- having a qualified operator accessible. fied in paragraphs (a) through (d) and

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(h) of this section, according to the (f) You must monitor the feed rate schedule specified in paragraph (e) of and moisture content of the sewage this section. The operating parameters sludge fed to the sewage sludge inciner- for which you will establish operating ator, as specified in paragraphs (f)(1) limits for a wet scrubber, fabric filter, and (f)(2) of this section. electrostatic precipitator, or activated (1) Continuously monitor the sewage carbon injection are listed in Table 3 to sludge feed rate and calculate a daily this subpart. You must comply with average for all hours of operation dur- the operating requirements in para- ing each 24-hour period. Keep a record graph (f) of this section and the re- of the daily average feed rate, as speci- quirements in paragraph (g) of this sec- fied in § 60.4910(f)(3)(ii). tion for meeting any new operating (2) Take at least one grab sample per limits, re-established in § 60.4890. The day of the sewage sludge fed to the operating limits apply at all times that sewage sludge incinerator. If you take sewage sludge is in the combustion more than one grab sample in a day, chamber (i.e., until the sewage sludge calculate the daily average for the grab feed to the combustor has been cut off samples. Keep a record of the daily av- for a period of time not less than the erage moisture content, as specified in sewage sludge incineration residence § 60.4910(f)(3)(ii). time). (g) For the operating limits and re- (a) You must meet a site-specific op- quirements specified in paragraphs (a) erating limit for minimum operating through (d) and (h) of this section, you temperature of the combustion cham- must meet any new operating limits ber (or afterburner combustion cham- and requirements, re-established ac- ber) that you establish in cording to § 60.4890(d). § 60.4890(a)(2)(i). (h) If you use an air pollution control (b) If you use a wet scrubber, electro- device other than a wet scrubber, fab- static precipitator, or activated carbon ric filter, electrostatic precipitator, or injection to comply with an emission activated carbon injection to comply limit, you must meet the site-specific with the emission limits in Table 1 or operating limits that you establish in 2 to this subpart, you must meet any § 60.4870 for each operating parameter site-specific operating limits or re- associated with each air pollution con- quirements that you establish as re- trol device. quired in § 60.4855. (c) If you use a fabric filter to comply with the emission limits, you must in- § 60.4855 How do I establish operating stall the bag leak detection system limits if I do not use a wet scrubber, specified in §§ 60.4880(b) and fabric filter, electrostatic precipi- 60.4905(b)(3)(i) and operate the bag leak tator, or activated carbon injection, detection system such that the alarm or if I limit emissions in some other does not sound more than 5 percent of manner, to comply with the emis- the operating time during a 6-month sion limits? period. You must calculate the alarm If you use an air pollution control de- time as specified in § 60.4870. vice other than a wet scrubber, fabric (d) You must meet the operating re- filter, electrostatic precipitator, or ac- quirements in your site-specific fugi- tivated carbon injection, or limit emis- tive emission monitoring plan, sub- sions in some other manner (e.g., mate- mitted as specified in § 60.4880(d) to en- rials balance) to comply with the emis- sure that your ash handling system sion limits in § 60.4845, you must meet will meet the emission standard for fu- the requirements in paragraphs (a) and gitive emissions from ash handling. (b) of this section. (e) You must meet the operating lim- (a) Meet the applicable operating its and requirements specified in para- limits and requirements in § 60.4850, graphs (a) through (d) of this section 60 and establish applicable operating lim- days after your SSI unit reaches the its according to § 60.4870. feed rate at which it will operate, or (b) Petition the Administrator for within 180 days after its initial startup, specific operating parameters, oper- whichever comes first. ating limits, and averaging periods to

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be established during the initial per- in the combustion chamber (i.e., until formance test and to be monitored con- the sewage sludge feed to the com- tinuously thereafter. bustor has been cut off for a period of (1) You are responsible for submit- time not less than the sewage sludge ting any supporting information in a incineration residence time). timely manner to enable the Adminis- trator to consider the application prior § 60.4861 How do I establish an affirm- to the performance test. You must not ative defense for exceedance of an conduct the initial performance test emission limit or standard during until after the petition has been ap- malfunction? proved by the Administrator, and you In response to an action to enforce must comply with the operating limits the numerical emission standards set as written, pending approval by the Ad- forth in paragraph § 60.4845, you may ministrator. Neither submittal of an assert an affirmative defense to a application, nor the Administrator’s claim for civil penalties for failure to approve or disapprove the ap- exceedances of emission limits that are plication relieves you of the responsi- caused by malfunction, as defined in bility to comply with any provision of § 60.2. Appropriate penalties may be as- this subpart. sessed, however, if you fail to meet (2) Your petition must include the your burden of proving all of the re- five items listed in paragraphs (b)(2)(i) quirements in the affirmative defense. through (b)(2)(v) of this section. The affirmative defense shall not be (i) Identification of the specific pa- available for claims for injunctive re- rameters you propose to monitor. lief. (ii) A discussion of the relationship (a) To establish the affirmative de- between these parameters and emis- fense in any action to enforce such a sions of regulated pollutants, identi- limit, you must timely meet the notifi- fying how emissions of regulated pol- cation requirements in paragraph (b) of lutants change with changes in these this section, and must prove by a pre- parameters, and how limits on these ponderance of evidence that the condi- parameters will serve to limit emis- tions in paragraphs (a)(1) through (a)(9) sions of regulated pollutants. of this section are met. (iii) A discussion of how you will es- (1) The excess emissions meet: tablish the upper and/or lower values (i) Were caused by a sudden, infre- for these parameters that will establish quent, and unavoidable failure of air the operating limits on these param- pollution control and monitoring eters, including a discussion of the equipment, process equipment, or a averaging periods associated with process to operate in a normal or usual those parameters for determining com- manner, and pliance. (ii) Could not have been prevented (iv) A discussion identifying the through careful planning, proper design methods you will use to measure and or better operation and maintenance the instruments you will use to mon- practices, and itor these parameters, as well as the relative accuracy and precision of (iii) Did not stem from any activity these methods and instruments. or event that could have been foreseen (v) A discussion identifying the fre- and avoided, or planned for, and quency and methods for recalibrating (iv) Were not part of a recurring pat- the instruments you will use for moni- tern indicative of inadequate design, toring these parameters. operation, or maintenance, and (2) Re- pairs were made as expeditiously as § 60.4860 Do the emission limits, emis- possible when the applicable emission sion standards, and operating limits limits were being exceeded. Off-shift apply during periods of startup, and overtime labor were used, to the shutdown, and malfunction? extent practicable to make these re- The emission limits and standards pairs, and apply at all times and during periods of (3) The frequency, amount and dura- malfunction. The operating limits tion of the excess emissions (including apply at all times that sewage sludge is any bypass) were minimized to the

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maximum extent practicable during riod. Until a request for an extension periods of such emissions, and has been approved by the Adminis- (4) If the excess emissions resulted trator, the owner or operator is subject from a bypass of control equipment or to the requirement to submit such re- a process, then the bypass was unavoid- port within 45 days of the initial occur- able to prevent loss of life, personal in- rence of the exceedance. jury, or severe property damage, and (5) All possible steps were taken to INITIAL COMPLIANCE REQUIREMENTS minimize the impact of the excess § 60.4865 How and when do I dem- emissions on ambient air quality, the onstrate initial compliance with the environment and human health, and emission limits and standards? (6) All emissions monitoring and con- To demonstrate initial compliance trol systems were kept in operation if with the emission limits and standards at all possible consistent with safety in Table 1 or 2 to this subpart, use the and good air pollution control prac- procedures specified in paragraph (a) of tices, and this section for particulate matter, hy- (7) All of the actions in response to drogen chloride, dioxins/furans (total the excess emissions were documented mass basis or toxic equivalency basis), by properly signed, contemporaneous mercury, nitrogen oxides, sulfur diox- operating logs, and ide, cadmium, lead, and fugitive emis- (8) At all times, the affected facility sions from ash handling, and follow the was operated in a manner consistent procedures specified in paragraph (b) of with good practices for minimizing this section for carbon monoxide. In emissions, and lieu of using the procedures specified in (9) A written root cause analysis has paragraph (a) of this section, you also been prepared the purpose of which is have the option to demonstrate initial to determine, correct, and eliminate compliance using the procedures speci- the primary causes of the malfunction fied in paragraph (b) of this section for and the excess emissions resulting particulate matter, hydrogen chloride, from the malfunction event at issue. dioxins/furans (total mass basis or The analysis shall also specify, using toxic equivalency basis), mercury, ni- best monitoring methods and engineer- trogen oxides, sulfur dioxide, cadmium, ing judgment, the amount of excess and lead. You must meet the require- emissions that were the result of the ments of paragraphs (a) or (b) of this malfunction. section, as applicable, and paragraphs (b) The owner or operator of the SSI (c) and (d) of this section, according to unit experiencing an exceedance of its the performance testing, monitoring, emission limit(s) during a malfunction, and calibration requirements in shall notify the Administrator by tele- § 60.4900(a) and (b). Except as provided phone or facsimile (fax) transmission in paragraph (e) of this section, within as soon as possible, but no later than 2 60 days after your SSI unit reaches the business days after the initial occur- feed rate at which it will operate, or rence of the malfunction, if it wishes to within 180 days after its initial startup, avail itself of an affirmative defense to whichever comes first, you must dem- civil penalties for that malfunction. onstrate that your SSI unit meets the The owner or operator seeking to as- emission limits and standards specified sert an affirmative defense shall also in Table 1 or 2 to this subpart. submit a written report to the Admin- (a) Demonstrate initial compliance istrator within 45 days of the initial oc- using the performance test required in currence of the exceedance of the § 60.8. You must demonstrate that your standard in § 60.4845 to demonstrate, SSI unit meets the emission limits and with all necessary supporting docu- standards specified in Table 1 or 2 to mentation, that it has met the require- this subpart for particulate matter, hy- ments set forth in paragraph (a) of this drogen chloride, dioxins/furans (total section. The owner or operator may mass basis or toxic equivalency basis), seek an extension of this deadline for mercury, nitrogen oxides, sulfur diox- up to 30 additional days by submitting ide, cadmium, lead, and fugitive emis- a written request to the Administrator sions from ash handling using the per- before the expiration of the 45 day pe- formance test. The initial performance

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test must be conducted using the test graph (b)(2) of this section in lieu of methods, averaging methods, and min- conducting the initial performance test imum sampling volumes or durations for that pollutant in paragraph (a) of specified in Table 1 or 2 to this subpart this section. and according to the testing, moni- (ii) You may substitute the use of a toring, and calibration requirements continuous automated sampling sys- specified in § 60.4900(a). tem for mercury or dioxins/furans in (b) Demonstrate initial compliance lieu of conducting the initial mercury using a continuous emissions moni- or dioxin/furan performance test in toring system or continuous auto- paragraph (a) of this section. mated sampling system. The option to (3) If you use a continuous emissions use a continuous emissions monitoring monitoring system to demonstrate system for hydrogen chloride, dioxins/ compliance with an applicable emis- furans, cadmium, or lead takes effect sion limit in Table 1 or 2 to this sub- on the date a final performance speci- part, as described in paragraph (b)(1) or fication applicable to hydrogen chlo- (b)(2) of this section, you must use the ride, dioxins/furans, cadmium, or lead continuous emissions monitoring sys- is published in the FEDERAL REGISTER. tem and follow the requirements speci- The option to use a continuous auto- fied in § 60.4900(b). You must measure mated sampling system for dioxins/ emissions according to § 60.13 to cal- furans takes effect on the date a final culate 1-hour arithmetic averages, cor- performance specification for such a rected to 7 percent oxygen (or carbon continuous automated sampling sys- dioxide). You must demonstrate initial tem is published in the FEDERAL REG- compliance using a 24-hour block aver- ISTER. Collect data as specified in age of these 1-hour arithmetic average § 60.4900(b)(6) and use the following pro- emission concentrations, calculated cedures: using Equation 19–19 in section 12.4.1 of (1) To demonstrate initial compli- Method 19 of 40 CFR part 60, appendix ance with the carbon monoxide emis- A–7. sion limit specified in Table 1 or 2 to (4) If you use a continuous automated this subpart, you must use the carbon sampling system to demonstrate com- monoxide continuous emissions moni- pliance with an applicable emission toring system specified in § 60.4900(b). limit in Table 1 or 2 to this subpart, as For determining compliance with the described in paragraph (b)(2) of this carbon monoxide concentration limit section, you must: using carbon monoxide CEMS, the cor- (i) Use the continuous automated rection to 7 percent oxygen does not sampling system specified in § 60.58b(p) apply during periods of startup or shut- and (q), and measure and calculate av- down. Use the measured carbon mon- erage emissions corrected to 7 percent oxide concentration without correcting oxygen (or carbon dioxide) according to for oxygen concentration in averaging § 60.58b(p) and your monitoring plan. with other carbon monoxide concentra- (A) Use the procedures specified in tions (corrected to 7 percent oxygen) to § 60.58b(p) to calculate 24-hour block determine the 24-hour average value. averages to determine compliance with (2) To demonstrate initial compli- the mercury emission limit in Table 1 ance with the emission limits specified or 2 to this subpart. in Table 1 or 2 to this subpart for par- (B) Use the procedures specified in ticulate matter, hydrogen chloride, § 60.58b(p) to calculate 2-week block dioxins/furans (total mass basis or averages to determine compliance with toxic equivalency basis), mercury, ni- the dioxin/furan (total mass basis or trogen oxides, sulfur dioxide, cadmium, toxic equivalency basis) emission lim- and lead, you may substitute the use of its in Table 1 or 2 to this subpart. a continuous monitoring system in lieu (ii) Comply with the provisions in of conducting the initial performance § 60.58b(q) to develop a monitoring plan. test required in paragraph (a) of this For mercury continuous automated section, as follows: sampling systems, you must use Per- (i) You may substitute the use of a formance Specification 12B of appendix continuous emissions monitoring sys- B of part 75 and Procedure 5 of appen- tem for any pollutant specified in para- dix F of this part.

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(5) Except as provided in paragraph § 60.4870 How do I establish my oper- (e) of this section, you must complete ating limits? your initial performance evaluations (a) You must establish the site-spe- required under your monitoring plan cific operating limits specified in para- for any continuous emissions moni- graphs (b) through (h) of this section or toring system and continuous auto- established in § 60.4855, as applicable, mated sampling systems according to during your initial performance tests the provisions of § 60.4880. Your per- required in § 60.4865. You must meet the formance evaluation must be con- requirements in § 60.4890(d) to confirm ducted using the procedures and ac- these operating limits or re-establish ceptance criteria specified in new operating limits using operating § 60.4880(a)(3). data recorded during any performance (c) To demonstrate initial compli- tests or performance evaluations re- ance with the dioxins/furans toxic quired in § 60.4885. You must follow the equivalency emission limit in Table 1 data measurement and recording fre- or 2 to this subpart, determine dioxins/ quencies and data averaging times specified in Table 3 to this subpart or furans toxic equivalency as follows: as established in § 60.4855, and you must (1) Measure the concentration of each follow the testing, monitoring, and dioxin/furan tetra- through calibration requirements specified in octachlorinated-isomer emitted using §§ 60.4900 and 60.4905 or established in Method 23 at 40 CFR part 60, appendix § 60.4855. You are not required to estab- A–7. lish operating limits for the operating (2) Multiply the concentration of parameters listed in Table 3 to this each dioxin/furan (tetra- through octa- subpart for a control device if you use chlorinated) isomer by its cor- a continuous monitoring system to responding toxic equivalency factor demonstrate compliance with the emis- specified in Table 4 to this subpart. sion limits in Table 1 or 2 to this sub- (3) Sum the products calculated in part for the applicable pollutants, as accordance with paragraph (c)(2) of this follows: section to obtain the total concentra- (1) For a scrubber designed to control tion of dioxins/furans emitted in terms emissions of hydrogen chloride or sul- of toxic equivalency. fur dioxide, you are not required to es- (d) Submit an initial compliance re- tablish an operating limit and monitor, port, as specified in § 60.4915(c). scrubber liquid flow rate or scrubber (e) If you demonstrate initial compli- liquid pH if you use the continuous monitoring system specified in ance using the performance test speci- §§ 60.4865(b) and 60.4885(b) to dem- fied in paragraph (a) of this section, onstrate compliance with the emission then the provisions of this paragraph limit for hydrogen chloride or sulfur (e) apply. If a force majeure is about to dioxide. occur, occurs, or has occurred for (2) For a scrubber designed to control which you intend to assert a claim of emissions of particulate matter, cad- force majeure, you must notify the Ad- mium, and lead, you are not required ministrator in writing as specified in to establish an operating limit and § 60.4915(g). You must conduct the ini- monitor pressure drop across the scrub- tial performance test as soon as prac- ber or scrubber liquid flow rate if you ticable after the force majeure occurs. use the continuous monitoring system The Administrator will determine specified in §§ 60.4865(b) and 60.4885(b) to whether or not to grant the extension demonstrate compliance with the emis- to the initial performance test dead- sion limit for particulate matter, cad- line, and will notify you in writing of mium, and lead. approval or disapproval of the request (3) For an electrostatic precipitator for an extension as soon as practicable. designed to control emissions of partic- Until an extension of the performance ulate matter, cadmium, and lead, you test deadline has been approved by the are not required to establish an oper- Administrator, you remain strictly ating limit and monitor secondary subject to the requirements of this sub- voltage of the collection plates, sec- part. ondary amperage of the collection

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plates, or effluent water flow rate at afterburner temperature), equal to the the outlet of the electrostatic precipi- lowest 4-hour average combustion tator if you use the continuous moni- chamber operating temperature (or toring system specified in §§ 60.4865(b) afterburner temperature) measured and 60.4885(b) to demonstrate compli- during the most recent performance ance with the emission limit for partic- test demonstrating compliance with all ulate matter, cadmium, and lead. applicable emission limits. (4) For an activated carbon injection (f) Minimum power input to the elec- system designed to control emissions trostatic precipitator collection plates, of mercury, you are not required to es- equal to the lowest 4-hour average tablish an operating limit and monitor power measured during the most recent sorbent injection rate and carrier gas performance test demonstrating com- flow rate (or carrier gas pressure drop) pliance with the particulate matter, if you use the continuous monitoring lead, and cadmium emission limits. system specified in §§ 60.4865(b) and Power input must be calculated as the 60.4885(b) to demonstrate compliance with the emission limit for mercury. product of the secondary voltage and (5) For an activated carbon injection secondary amperage to the electro- system designed to control emissions static precipitator collection plates. of dioxins/furans, you are not required Both the secondary voltage and sec- to establish an operating limit and ondary amperage must be recorded dur- monitor sorbent injection rate and car- ing the performance test. rier gas flow rate (or carrier gas pres- (g) Minimum effluent water flow rate sure drop) if you use the continuous at the outlet of the electrostatic pre- monitoring system specified in cipitator, equal to the lowest 4-hour §§ 60.4865(b) and 60.4885(b) to dem- average effluent water flow rate at the onstrate compliance with the emission outlet of the electrostatic precipitator limit for dioxins/furans (total mass measured during the most recent per- basis or toxic equivalency basis). formance test demonstrating compli- (b) Minimum pressure drop across ance with the particulate matter, lead, each wet scrubber used to meet the and cadmium emission limits. particulate matter, lead, and cadmium (h) For activated carbon injection, emission limits in Table 1 or 2 to this establish the site-specific operating subpart, equal to the lowest 4-hour av- limits specified in paragraphs (h)(1) erage pressure drop across each such through (h)(3) of this section. wet scrubber measured during the most (1) Minimum mercury sorbent injec- recent performance test demonstrating tion rate, equal to the lowest 4-hour compliance with the particulate mat- average mercury sorbent injection rate ter, lead, and cadmium emission lim- measured during the most recent per- its. formance test demonstrating compli- (c) Minimum scrubber liquid flow ance with the mercury emission limit. rate (measured at the inlet to each wet (2) Minimum dioxin/furan sorbent in- scrubber), equal to the lowest 4-hour jection rate, equal to the lowest 4-hour average liquid flow rate measured during the most recent performance test average dioxin/furan sorbent injection demonstrating compliance with all ap- rate measured during the most recent plicable emission limits. performance test demonstrating com- (d) Minimum scrubber liquid pH for pliance with the dioxin/furan (total each wet scrubber used to meet the sul- mass basis or toxic equivalency basis) fur dioxide or hydrogen chloride emis- emission limit. sion limits in Table 1 or 2 to this sub- (3) Minimum carrier gas flow rate or part, equal to the lowest 1-hour aver- minimum carrier gas pressure drop, as age scrubber liquid pH measured during follows: the most recent performance test dem- (i) Minimum carrier gas flow rate, onstrating compliance with the sulfur equal to the lowest 4-hour average car- dioxide and hydrogen chloride emission rier gas flow rate measured during the limits. most recent performance test dem- (e) Minimum combustion chamber onstrating compliance with the appli- operating temperature (or minimum cable emission limit.

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(ii) Minimum carrier gas pressure (a) For each continuous monitoring drop, equal to the lowest 4-hour aver- system, your monitoring plan must ad- age carrier gas flow rate measured dur- dress the elements and requirements ing the most recent performance test specified in paragraphs (a)(1) through demonstrating compliance with the ap- (a)(8) of this section. You must operate plicable emission limit. and maintain the continuous monitoring system in continuous operation § 60.4875 By what date must I conduct the initial air pollution control de- according to the site-specific moni- vice inspection and make any nec- toring plan. essary repairs? (1) Installation of the continuous (a) You must conduct an air pollu- monitoring system sampling probe or tion control device inspection accord- other interface at a measurement loca- ing to § 60.4900(c) within 60 days of in- tion relative to each affected process stalling an air pollution control device unit such that the measurement is rep- or within 180 days of startup of the SSI resentative of control of the exhaust unit using the air pollution control de- emissions (e.g., on or downstream of vice, whichever comes first. the last control device). (b) Within 10 operating days fol- (2) Performance and equipment speci- lowing the air pollution control device fications for the sample interface, the inspection under paragraph (a) of this pollutant concentration or parametric section, all necessary repairs must be signal analyzer and the data collection completed unless you obtain written and reduction systems. approval from the Administrator estab- (3) Performance evaluation proce- lishing a date whereby all necessary re- dures and acceptance criteria (e.g., pairs of the SSI unit must be com- calibrations). pleted. (i) For continuous emissions moni- § 60.4880 How do I develop a site-spe- toring systems, your performance eval- cific monitoring plan for my contin- uation and acceptance criteria must in- uous monitoring, bag leak detec- clude, but is not limited to, the fol- tion, and ash handling systems, and lowing: by what date must I conduct an ini- (A) The applicable requirements for tial performance evaluation? continuous emissions monitoring sys- You must develop and submit to the tems specified in § 60.13. Administrator for approval a site-spe- (B) The applicable performance speci- cific monitoring plan for each contin- fications (e.g., relative accuracy tests) uous monitoring system required under in appendix B of this part. this subpart, according to the require- (C) The applicable procedures (e.g., ments in paragraphs (a) through (d) of quarterly accuracy determinations and this section. This requirement also ap- daily calibration drift tests) in appen- plies to you if you petition the Admin- dix F of this part. istrator for alternative monitoring pa- (D) A discussion of how the occur- rameters under § 60.13(i) and paragraph rence and duration of out-of-control pe- (e) of this section. If you use a contin- riods will affect the suitability of uous automated sampling system to comply with the mercury or dioxin/ CEMS data, where out-of-control has furan (total mass basis or toxic equiva- the meaning given in section (a)(7)(i) of lency basis) emission limit, you must this section. develop your monitoring plan as speci- (ii) For continuous parameter moni- fied in § 60.58b(q), and you are not re- toring systems, your performance eval- quired to meet the requirements in uation and acceptance criteria must in- paragraphs (a) and (b) of this section. clude, but is not limited to the fol- You must also submit a site-specific lowing: monitoring plan for your ash handling (A) If you have an operating limit system, as specified in paragraph (d) of that requires the use of a flow moni- this section. You must submit and up- toring system, you must meet the re- date your monitoring plans as specified quirements in paragraphs in paragraphs (f) through (h) of this (a)(3)(ii)(A)(1) through (4) of this sec- section. tion.

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(1) Install the flow sensor and other you must meet the requirements in necessary equipment in a position that paragraphs (a)(3)(ii)(C)(1) through (4) of provides a representative flow. this section. (2) Use a flow sensor with a measure- (1) Install the pH sensor in a position ment sensitivity of no greater than 2 that provides a representative meas- percent of the expected process flow urement of scrubber effluent pH. rate. (2) Ensure the sample is properly (3) Minimize the effects of swirling mixed and representative of the fluid flow or abnormal velocity distributions to be measured. due to upstream and downstream dis- (3) Conduct a performance evaluation turbances. of the pH monitoring system in accord- (4) Conduct a flow monitoring system ance with your monitoring plan at performance evaluation in accordance least once each process operating day. with your monitoring plan at the time (4) Conduct a performance evaluation of each performance test but no less (including a two-point calibration with frequently than annually. one of the two buffer solutions having (B) If you have an operating limit a pH within 1 of the pH of the oper- that requires the use of a pressure ating limit) of the pH monitoring sys- monitoring system, you must meet the tem in accordance with your moni- requirements in paragraphs toring plan at the time of each per- (a)(3)(ii)(B)(1) through (6) of this sec- formance test but no less frequently tion. than quarterly. (1) Install the pressure sensor(s) in a (D) If you have an operating limit position that provides a representative that requires the use of a temperature measurement of the pressure (e.g., par- measurement device, you must meet ticulate matter scrubber pressure the requirements in paragraphs drop). (a)(3)(ii)(D)(1) through (4) of this sec- (2) Minimize or eliminate pulsating tion. pressure, vibration, and internal and external corrosion. (1) Install the temperature sensor and other necessary equipment in a po- (3) Use a pressure sensor with a minimum tolerance of 1.27 centimeters of sition that provides a representative water or a minimum tolerance of 1 per- temperature. cent of the pressure monitoring system (2) Use a temperature sensor with a operating range, whichever is less. minimum tolerance of 2.8 degrees Cel- (4) Perform checks at least once each sius (5 degrees Fahrenheit), or 1.0 per- process operating day to ensure pres- cent of the temperature value, which- sure measurements are not obstructed ever is larger, for a noncryogenic tem- (e.g., check for pressure tap pluggage perature range. daily). (3) Use a temperature sensor with a (5) Conduct a performance evaluation minimum tolerance of 2.8 degrees Cel- of the pressure monitoring system in sius (5 degrees Fahrenheit), or 2.5 per- accordance with your monitoring plan cent of the temperature value, which- at the time of each performance test ever is larger, for a cryogenic tempera- but no less frequently than annually. ture range. (6) If at any time the measured pres- (4) Conduct a temperature measure- sure exceeds the manufacturer’s speci- ment device performance evaluation at fied maximum operating pressure the time of each performance test but range, conduct a performance evalua- no less frequently than annually. tion of the pressure monitoring system (E) If you have an operating limit in accordance with your monitoring that requires a secondary electric plan and confirm that the pressure power monitoring system for an elec- monitoring system continues to meet trostatic precipitator, you must meet the performance requirements in your the requirements in paragraphs monitoring plan. Alternatively, install (a)(3)(ii)(E)(1) and (2) of this section. and verify the operation of a new pres- (1) Install sensors to measure (sec- sure sensor. ondary) voltage and current to the (C) If you have an operating limit electrostatic precipitator collection that requires a pH monitoring system, plates.

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(2) Conduct a performance evaluation tive action and conduct retesting until of the electric power monitoring sys- the performance requirements are tem in accordance with your moni- below the applicable limits. The begin- toring plan at the time of each per- ning of the out-of-control period is the formance test but no less frequently hour you conduct a performance check than annually. (e.g., calibration drift) that indicates (F) If you have an operating limit an exceedance of the performance re- that requires the use of a monitoring quirements established under this part. system to measure sorbent injection The end of the out-of-control period is rate (e.g., weigh belt, weigh hopper, or the hour following the completion of hopper flow measurement device), you corrective action and successful dem- must meet the requirements in para- onstration that the system is within graphs (a)(3)(ii)(F)(1) and (2) of this sec- the allowable limits. tion. (8) Schedule for conducting initial (1) Install the system in a position(s) and periodic performance evaluations. that provides a representative meas- (b) If a bag leak detection system is urement of the total sorbent injection used, your monitoring plan must in- rate. clude a description of the following (2) Conduct a performance evaluation items: of the sorbent injection rate moni- (1) Installation of the bag leak detec- toring system in accordance with your tion system in accordance with para- monitoring plan at the time of each graphs (b)(1)(i) and (ii) of this section. performance test but no less frequently (i) Install the bag leak detection sen- than annually. sor(s) in a position(s) that will be rep- (4) Ongoing operation and mainte- resentative of the relative or absolute nance procedures in accordance with particulate matter loadings for each the general requirements of § 60.11(d). exhaust stack, roof vent, or compart- (5) Ongoing data quality assurance ment (e.g., for a positive pressure fabric procedures in accordance with the gen- filter) of the fabric filter. eral requirements of § 60.13. (ii) Use a bag leak detection system (6) Ongoing recordkeeping and recertified by the manufacturer to be ca- porting procedures in accordance with pable of detecting particulate matter the general requirements of § 60.7(b), emissions at concentrations of 10 milli- (c), (c)(1), (c)(4), (d), (e), (f) and (g). grams per actual cubic meter or less. (7) Provisions for periods when the (2) Initial and periodic adjustment of continuous monitoring system is out of the bag leak detection system, includ- control, as follows: ing how the alarm set-point will be es- (i) A continuous monitoring system tablished. Use a bag leak detection sys- is out of control if the conditions of tem equipped with a system that will paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of sound an alarm when the system de- this section are met. tects an increase in relative particu- (A) The zero (low-level), mid-level (if late matter emissions over a preset applicable), or high-level calibration level. The alarm must be located where drift exceeds two times the applicable it is observed readily and any alert is calibration drift specification in the detected and recognized easily by plant applicable performance specification or operating personnel. in the relevant standard. (3) Evaluations of the performance of (B) The continuous monitoring sys- the bag leak detection system, per- tem fails a performance test audit (e.g., formed in accordance with your moni- cylinder gas audit), relative accuracy toring plan and consistent with the audit, relative accuracy test audit, or guidance provided in Fabric Filter Bag linearity test audit. Leak Detection Guidance, EPA–454/R– (ii) When the continuous monitoring 98–015, September 1997 (incorporated by system is out of control as specified in reference, see § 60.17). paragraph (a)(7)(i) of this section, you (4) Operation of the bag leak detec- must take the necessary corrective action system, including quality assur- tion and must repeat all necessary ance procedures. tests that indicate that the system is (5) Maintenance of the bag leak de- out of control. You must take correc- tection system, including a routine

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maintenance schedule and spare parts (ii) A description of the proposed al- inventory list. ternative monitoring requirement, in- (6) Recordkeeping (including record cluding the operating parameter to be retention) of the bag leak detection monitored, the monitoring approach system data. Use a bag leak detection and technique, the averaging period for system equipped with a device to con- the limit, and how the limit is to be tinuously record the output signal calculated. from the sensor. (iii) Data or information docu- (c) You must conduct an initial per- menting that the alternative moni- formance evaluation of each contin- toring requirement would provide uous monitoring system and bag leak equivalent or better assurance of com- detection system, as applicable, in ac- pliance with the relevant emission cordance with your monitoring plan standard. and § 60.13(c). For the purposes of this (4) The Administrator will notify you subpart, the provisions of § 60.13(c) also of the approval or denial of the applica- apply to the bag leak detection system. tion within 90 calendar days after re- You must conduct the initial perform- ceipt of the original request, or within ance evaluation of each continuous 60 calendar days of the receipt of any monitoring system within 60 days of supplementary information, whichever installation of the monitoring system. is later. The Administrator will not approve an alternate monitoring applica- (d) You must submit a monitoring tion unless it would provide equivalent plan specifying the ash handling sys- or better assurance of compliance with tem operating procedures that you will the relevant emission standard. Before follow to ensure that you meet the fu- disapproving any alternate monitoring gitive emissions limit specified in application, the Administrator will Table 1 or 2 to this subpart. provide the following: (e) You may submit an application to (i) Notice of the information and the Administrator for approval of al- findings upon which the intended dis- ternate monitoring requirements to approval is based. demonstrate compliance with the (ii) Notice of opportunity for you to standards of this subpart, subject to present additional supporting informa- the provisions of paragraphs (e)(1) tion before final action is taken on the through (e)(6) of this section. application. This notice will specify (1) The Administrator will not ap- how much additional time is allowed prove averaging periods other than for you to provide additional sup- those specified in this section, unless porting information. you document, using data or informa- (5) You are responsible for submit- tion, that the longer averaging period ting any supporting information in a will ensure that emissions do not ex- timely manner to enable the Adminis- ceed levels achieved over the duration trator to consider the application prior of three performance test runs. to the performance test. Neither sub- (2) If the application to use an alter- mittal of an application, nor the Ad- nate monitoring requirement is ap- ministrator’s failure to approve or dis- proved, you must continue to use the approve the application relieves you of original monitoring requirement until the responsibility to comply with any approval is received to use another provision of this subpart. monitoring requirement. (6) The Administrator may decide at (3) You must submit the application any time, on a case-by-case basis, that for approval of alternate monitoring additional or alternative operating requirements no later than the notifi- limits, or alternative approaches to es- cation of performance test. The appli- tablishing operating limits, are nec- cation must contain the information essary to demonstrate compliance with specified in paragraphs (e)(3)(i) through the emission standards of this subpart. (e)(3)(iii) of this section: (f) You must submit your monitoring (i) Data or information justifying the plans required in paragraphs (a) and (b) request, such as the technical or eco- of this section at least 60 days before nomic infeasibility, or the imprac- your initial performance evaluation of ticality of using the required approach. your continuous monitoring system(s).

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(g) You must submit your monitoring ance test). The performance test must plan for your ash handling system, as be conducted using the test methods, required in paragraph (d) of this sec- averaging methods, and minimum sam- tion, at least 60 days before your initial pling volumes or durations specified in compliance test date. Table 1 or 2 to this subpart and accord- (h) You must update and resubmit ing to the testing, monitoring, and your monitoring plan if there are any calibration requirements specified in changes or potential changes in your § 60.4900(a). monitoring procedures or if there is a (1) You may conduct a repeat per- process change, as defined in § 60.4930. formance test at any time to establish new values for the operating limits to CONTINUOUS COMPLIANCE REQUIREMENTS apply from that point forward. The Ad- ministrator may request a repeat per- § 60.4885 How and when do I demonstrate continuous compliance formance test at any time. with the emission limits and stand- (2) You must repeat the performance ards? test within 60 days of a process change, To demonstrate continuous compli- as defined in § 60.4930. ance with the emission limits and (3) Except as specified in paragraphs standards specified in Table 1 or 2 to (a)(1) and (2) of this section, you can this subpart, use the procedures speci- conduct performance tests less often fied in paragraph (a) of this section for for a given pollutant, as specified in particulate matter, hydrogen chloride, paragraphs (a)(3)(i) through (iii) of this dioxins/furans (total mass basis or section. toxic equivalency basis), mercury, ni- (i) You can conduct performance trogen oxides, sulfur dioxide, cadmium, tests less often if your performance lead, and fugitive emissions from ash tests for the pollutant for at least 2 handling, and follow the procedures consecutive years show that your emis- specified in paragraph (b) of this sec- sions are at or below 75 percent of the tion for carbon monoxide. In lieu of emission limit specified in Table 2 or 3 using the procedures specified in para- to this subpart, and there are no graph (a) of this section, you also have changes in the operation of the affected the option to demonstrate continuous source or air pollution control equip- compliance using the procedures speci- ment that could increase emissions. In fied in paragraph (b) of this section for this case, you do not have to conduct a particulate matter, hydrogen chloride, performance test for that pollutant for dioxins/furans (total mass basis or the next 2 years. You must conduct a toxic equivalency basis), mercury, ni- performance test during the third year trogen oxides, sulfur dioxide, cadmium, and no more than 37 months after the and lead. You must meet the require- previous performance test. ments of paragraphs (a) and (b) of this (ii) If your SSI unit continues to section, as applicable, and paragraphs meet the emission limit for the pollut- (c) through (e) of this section, accord- ant, you may choose to conduct per- ing to the performance testing, moni- formance tests for the pollutant every toring, and calibration requirements in third year if your emissions are at or § 60.4900(a) and (b). You may also peti- below 75 percent of the emission limit, tion the Administrator for alternative and if there are no changes in the oper- monitoring parameters as specified in ation of the affected source or air pol- paragraph (f) of this section. lution control equipment that could in- (a) Demonstrate continuous compli- crease emissions, but each such per- ance using a performance test. Except formance test must be conducted no as provided in paragraphs (a)(3) and (e) more than 37 months after the previous of this section, following the date that performance test. the initial performance test for each (iii) If a performance test shows pollutant in Table 1 or 2 to this subpart emissions exceeded 75 percent of the except carbon monoxide is completed, emission limit for a pollutant, you you must conduct a performance test must conduct annual performance tests for each such pollutant on an annual for that pollutant until all perform- basis (between 11 and 13 calendar ance tests over 2 consecutive years months following the previous perform- show compliance.

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(b) Demonstrate continuous compli- or dioxin/furan performance test in ance using a continuous emissions paragraph (a) of this section. monitoring system or continuous auto- (3) If you use a continuous emissions mated sampling system. The option to monitoring system to demonstrate use a continuous emissions monitoring compliance with an applicable emis- system for hydrogen chloride, dioxins/ sion limit in either paragraph (b)(1) or furans, cadmium, or lead takes effect (b)(2) of this section, you must use the on the date a final performance speci- continuous emissions monitoring sys- fication applicable to hydrogen chlo- tem and follow the requirements speci- ride, dioxins/furans, cadmium, or lead fied in § 60.4900(b). You must measure is published in the FEDERAL REGISTER. emissions according to § 60.13 to cal- The option to use a continuous auto- culate 1-hour arithmetic averages, cor- mated sampling system for dioxins/ rected to 7 percent oxygen (or carbon furans takes effect on the date a final dioxide). You must demonstrate initial performance specification for such a compliance using a 24-hour block aver- continuous automated sampling sys- age of these 1-hour arithmetic average tem is published in the FEDERAL REG- emission concentrations, calculated ISTER. Collect data as specified in using Equation 19–19 in section 12.4.1 of § 60.4900(b)(6) and use the following pro- Method 19 of 40 CFR part 60, appendix cedures: A–7. (1) To demonstrate continuous com- (4) If you use a continuous automated pliance with the carbon monoxide sampling system to demonstrate com- emission limit, you must use the car- pliance with an applicable emission bon monoxide continuous emissions limit in paragraph (b)(2) of this section, monitoring system specified in you must: § 60.4900(b). For determining compli- (i) Use the continuous automated ance with the carbon monoxide con- sampling system specified in § 60.58b(p) centration limit using carbon mon- and (q), and measure and calculate av- oxide CEMS, the correction to 7 per- erage emissions corrected to 7 percent cent oxygen does not apply during peri- oxygen (or carbon dioxide) according to ods of startup or shutdown. Use the § 60.58b(p) and your monitoring plan. measured carbon monoxide concentra- (A) Use the procedures specified in tion without correcting for oxygen con- § 60.58b(p) to calculate 24-hour averages centration in averaging with other car- to determine compliance with the mer- bon monoxide concentrations (cor- cury emission limit in Table 1 or 2 to rected to 7 percent oxygen) to deter- this subpart. mine the 24-hour average value. (B) Use the procedures specified in (2) To demonstrate continuous com- § 60.58b(p) to calculate 2-week averages pliance with the emission limits for to determine compliance with the particulate matter, hydrogen chloride, dioxin/furan emission limit (total mass dioxins/furans (total mass basis or basis or toxic equivalency basis) in toxic equivalency basis), mercury, ni- Table 1 or 2 to this subpart. trogen oxides, sulfur dioxide, cadmium, (ii) Update your monitoring plan as and lead, you may substitute the use of specified in § 60.4880(e). For mercury a continuous monitoring system in lieu continuous automated sampling sys- of conducting the annual performance tems, you must use Performance Speci- test required in paragraph (a) of this fication 12B of appendix B of part 75 section, as follows: and Procedure 5 of appendix F of this (i) You may substitute the use of a part. continuous emissions monitoring sys- (5) Except as provided in paragraph tem for any pollutant specified in para- (e) of this section, you must complete graph (b)(2) of this section in lieu of your periodic performance evaluations conducting the annual performance required under your monitoring plan test for that pollutant in paragraph (a) for any continuous emissions moni- of this section. toring system and continuous auto- (ii) You may substitute the use of a mated sampling systems, according to continuous automated sampling sys- the schedule specified in your moni- tem for mercury or dioxins/furans in toring plan. If you were previously de- lieu of conducting the annual mercury termining compliance by conducting

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an annual performance test (or accord- you in writing of approval or dis- ing to the less frequent testing for a approval of the request for an exten- pollutant as provided in paragraph sion as soon as practicable. Until an (a)(3) of this section), you must com- extension of the performance test dead- plete the initial performance evalua- line has been approved by the Adminis- tion required in your monitoring plan trator, you remain strictly subject to in § 60.4880 for the continuous moni- the requirements of this subpart. toring system prior to using the con- (f) After any initial requests in tinuous emissions monitoring system § 60.4880 for alternative monitoring re- to demonstrate compliance or contin- quirements for initial compliance, you uous automated sampling system. Your may subsequently petition the Admin- performance evaluation must be con- istrator for alternative monitoring pa- ducted using the procedures and ac- rameters as specified in §§ 60.13(i) and ceptance criteria specified in 60.4880(e). § 60.4880(a)(3). (c) To demonstrate compliance with § 60.4890 How do I demonstrate con- the dioxins/furans toxic equivalency tinuous compliance with my oper- emission limit in paragraph (a) or (b) ating limits? of this section, you must determine You must continuously monitor your dioxins/furans toxic equivalency as fol- operating parameters as specified in lows: paragraph (a) of this section and meet (1) Measure the concentration of each the requirements of paragraphs (b) and dioxin/furan tetra- through octa- (c) of this section, according to the chlorinated isomer emitted using EPA monitoring and calibration require- Method 23. ments in § 60.4905. You must confirm (2) For each dioxin/furan (tetra- and re-establish your operating limits through octa-chlorinated) isomer as specified in paragraph (d) of this sec- measured in accordance with para- tion. graph (c)(1) of this section, multiply (a) You must continuously monitor the isomer concentration by its cor- the operating parameters specified in responding toxic equivalency factor paragraphs (a)(1) and (a)(2) of this sec- specified in Table 4 to this subpart. tion using the continuous monitoring (3) Sum the products calculated in equipment and according to the proce- accordance with paragraph (c)(2) of this dures specified in § 60.4905 or estab- section to obtain the total concentra- lished in § 60.4855. To determine compli- tion of dioxins/furans emitted in terms ance, you must use the data averaging of toxic equivalency. period specified in Table 3 to this sub- (d) You must submit the annual compart (except for alarm time of the pliance report specified in § 60.4915(d). baghouse leak detection system) unless You must submit the deviation report a different averaging period is estab- specified in § 60.4915(e) for each in- lished under § 60.4855. stance that you did not meet each (1) You must demonstrate that the emission limit in Table 1 or 2 to this SSI unit meets the operating limits es- subpart. tablished according to §§ 60.4855 and (e) If you demonstrate continuous 60.4870 and paragraph (d) of this section compliance using a performance test, for each applicable operating param- as specified in paragraph (a) of this sec- eter. tion, then the provisions of this para- (2) You must demonstrate that the graph (e) apply. If a force majeure is SSI unit meets the operating limit for about to occur, occurs, or has occurred bag leak detection systems as follows: for which you intend to assert a claim (i) For a bag leak detection system, of force majeure, you must notify the you must calculate the alarm time as Administrator in writing as specified follows: in § 60.4915(g). You must conduct the (A) If inspection of the fabric filter performance test as soon as practicable demonstrates that no corrective action after the force majeure occurs. The Ad- is required, no alarm time is counted. ministrator will determine whether or (B) If corrective action is required, not to grant the extension to the per- each alarm time shall be counted as a formance test deadline, and will notify minimum of 1 hour.

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(C) If you take longer than 1 hour to vious annual air pollution control de- initiate corrective action, each alarm vice inspection. time (i.e., time that the alarm sounds) (b) Within 10 operating days fol- is counted as the actual amount of lowing an air pollution control device time taken by you to initiate correc- inspection, all necessary repairs must tive action. be completed unless you obtain written (ii) Your maximum alarm time is approval from the Administrator estab- equal to 5 percent of the operating lishing a date whereby all necessary re- time during a 6-month period, as speci- pairs of the affected SSI unit must be fied in § 60.4850(c). completed. (b) Operation above the established maximum, below the established min- PERFORMANCE TESTING, MONITORING, imum, or outside the allowable range AND CALIBRATION REQUIREMENTS of the operating limits specified in paragraph (a) of this section con- § 60.4900 What are the performance stitutes a deviation from your oper- testing, monitoring, and calibration requirements for compliance with ating limits established under this sub- the emission limits and standards? part, except during performance tests conducted to determine compliance You must meet, as applicable, the with the emission and operating limits performance testing requirements or to establish new operating limits. specified in paragraph (a) of this sec- You must submit the deviation report tion, the monitoring requirements specified in § 60.4915(e) for each in- specified in paragraph (b) of this sec- stance that you did not meet one of tion, the air pollution control device your operating limits established under inspections requirements specified in this subpart. paragraph (c) of this section, and the (c) You must submit the annual com- bypass stack provisions specified in pliance report specified in § 60.4915(d) to paragraph (d) of this section. demonstrate continuous compliance. (a) Performance testing requirements. (d) You must confirm your operating (1) All performance tests must consist limits according to paragraph (d)(1) of of a minimum of three test runs con- this section or re-establish operating ducted under conditions representative limits according to paragraph (d)(2) of of normal operations, as specified in this section. Your operating limits § 60.8(c). Emissions in excess of the must be established so as to assure on- emission limits or standards during pe- going compliance with the emission riods of startup, shutdown, and mal- limits. These requirements also apply function are considered deviations to your operating requirements in your from the applicable emission limits or fugitive emissions monitoring plan standards. specified in § 60.4850(d). (2) You must document that the dry (1) Your operating limits must be sludge burned during the performance based on operating data recorded dur- test is representative of the sludge ing any performance test required in burned under normal operating condi- § 60.4885(a) or any performance evaluations by: tion required in § 60.4885(b)(5). (i) Maintaining a log of the quantity (2) You may conduct a repeat per- of sewage sludge burned during the performance test at any time to establish formance test by continuously moni- new values for the operating limits to toring and recording the average hour- apply from that point forward. ly rate that sewage sludge is fed to the incinerator. § 60.4895 By what date must I conduct (ii) Maintaining a log of the moisture annual air pollution control device content of the sewage sludge burned inspections and make any nec- during the performance test by taking essary repairs? grab samples of the sewage sludge fed (a) You must conduct an annual in- to the incinerator for each 8 hour pe- spection of each air pollution control riod that testing is conducted. device used to comply with the emis- (3) All performance tests must be sion limits, according to § 60.4900(c), no conducted using the test methods, min- later than 12 months following the pre- imum sampling volume, observation

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period, and averaging methods speci- position analysis, including measure- fied in Table 1 or 2 to this subpart. ment of oxygen concentration. Method (4) Method 1 at 40 CFR part 60, appen- 3A or 3B at 40 CFR part 60, appendix A– dix A–1 must be used to select the sam- 2 must be used simultaneously with pling location and number of traverse each method. points. (6) All pollutant concentrations must (5) Method 3A or 3B at 40 CFR part 60, be adjusted to 7 percent oxygen using appendix A–2 must be used for gas com- Equation 1 of this section:

Where: tice for an initially scheduled perform-

Cadj = Pollutant concentration adjusted to 7 ance test, there is a delay (due to oper- percent oxygen. ational problems, etc.) in conducting Cmeas = Pollutant concentration measured on the scheduled performance test, you a dry basis. must notify the Administrator as soon (20.9–7) = 20.9 percent oxygen¥7 percent oxygen (defined oxygen correction basis). as possible of any delay in the original 20.9 = Oxygen concentration in air, percent. test date, either by providing at least 7 %O2 = Oxygen concentration measured on a days prior notice of the rescheduled dry basis, percent. date of the performance test, or by ar- (7) Performance tests must be con- ranging a rescheduled date with the ducted and data reduced in accordance Administrator by mutual agreement. with the test methods and procedures (9) You must provide, or cause to be contained in this subpart unless the provided, performance testing facilities Administrator does one of the fol- as follows: lowing. (i) Sampling ports adequate for the (i) Specifies or approves, in specific test methods applicable to the SSI cases, the use of a method with minor unit, as follows: changes in methodology. (A) Constructing the air pollution (ii) Approves the use of an equivalent control system such that volumetric method. flow rates and pollutant emission rates (iii) Approves the use of an alter- can be accurately determined by appli- native method the results of which he cable test methods and procedures. has determined to be adequate for indi- (B) Providing a stack or duct free of cating whether a specific source is in cyclonic flow during performance tests, compliance. as demonstrated by applicable test (iv) Waives the requirement for per- methods and procedures. formance tests because you have dem- (ii) Safe sampling platform(s). onstrated by other means to the Ad- (iii) Safe access to sampling plat- ministrator’s satisfaction that the af- form(s). fected SSI unit is in compliance with the standard. (iv) Utilities for sampling and testing (v) Approves shorter sampling times equipment. and smaller sample volumes when ne- (10) Unless otherwise specified in this cessitated by process variables or other subpart, each performance test must factors. Nothing in this paragraph is consist of three separate runs using the construed to abrogate the Administra- applicable test method. Each run must tor’s authority to require testing under be conducted for the time and under section 114 of the Clean Air Act. the conditions specified in the applica- (8) You must provide the Adminis- ble standard. Compliance with each trator at least 30 days prior notice of emission limit must be determined by any performance test, except as speci- calculating the arithmetic mean of the fied under other subparts, to afford the three runs. In the event that a sample Administrator the opportunity to have is accidentally lost or conditions occur an observer present. If after 30 days no- in which one of the three runs must be

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discontinued because of forced shut- (i) Section 60.13 of subpart A of this down, failure of an irreplaceable por- part. tion of the sample train, extreme mete- (ii) The following performance speci- orological conditions, or other cir- fications of appendix B of this part, as cumstances, beyond your control, com- applicable: pliance may, upon the Administrator’s (A) For particulate matter, Perform- approval, be determined using the ance Specification 11 of appendix B of arithmetic mean of the results of the this part. two other runs. (B) For hydrogen chloride, Perform- (11) During each test run specified in ance Specification 15 of appendix B of paragraph (a)(1) of this section, you this part. must operate your sewage sludge incin- (C) For carbon monoxide, Perform- erator at a minimum of 85 percent of ance Specification 4B of appendix B of your maximum permitted capacity. this part with the modifications shown (b) Continuous monitor requirements. in Tables 1 and 2 to this subpart. You must meet the following require- (D) [Reserved] ments, as applicable, when using a con- (E) For mercury, Performance Speci- tinuous monitoring system to dem- fication 12A of appendix B of this part. onstrate compliance with the emission (F) For nitrogen oxides, Performance limits in Table 1 or 2 to this subpart. Specification 2 of appendix B of this The option to use a continuous emis- part. sions monitoring system for hydrogen (G) For sulfur dioxide, Performance chloride, dioxins/furans, cadmium, or Specification 2 of appendix B of this lead takes effect on the date a final part. performance specification applicable to (iii) For continuous emissions moni- hydrogen chloride, dioxins/furans, cad- toring systems, the quality assurance mium, or lead is published in the FED- procedures (e.g., quarterly accuracy de- ERAL REGISTER. If you elect to use a terminations and daily calibration continuous emissions monitoring sys- drift tests) of appendix F of this part tem instead of conducting annual per- specified in paragraphs (b)(3)(iii)(A) formance testing, you must meet the through (b)(3)(iii)(G) of this section. requirements of paragraphs (b)(1) For each pollutant, the span value of through (b)(6) of this section. If you the continuous emissions monitoring elect to use a continuous automated system is two times the applicable sampling system instead of conducting emission limit, expressed as a con- annual performance testing, you must centration. meet the requirements of paragraph (A) For particulate matter, Proce- (b)(7) of this section. The option to use dure 2 in appendix F of this part. a continuous automated sampling sys- (B) For hydrogen chloride, Procedure tem for dioxins/furans takes effect on 1 in appendix F of this part except that the date a final performance specifica- the Relative Accuracy Test Audit re- tion for such a continuous automated quirements of Procedure 1 shall be re- sampling system is published in the placed with the validation require- FEDERAL REGISTER. ments and criteria of sections 11.1.1 (1) You must notify the Adminis- and 12.0 of Performance Specification trator one month before starting use of 15 of appendix B of this part. the continuous monitoring system. (C) For carbon monoxide, Procedure 1 (2) You must notify the Adminis- in appendix F of this part. trator one month before stopping use (D) [Reserved] of the continuous monitoring system, (E) For mercury, Procedures 5 in ap- in which case you must also conduct a pendix F of this part. performance test prior to ceasing oper- (F) For nitrogen oxides, Procedure 1 ation of the system. in appendix F of this part. (3) You must install, operate, cali- (G) For sulfur dioxide, Procedure 1 in brate, and maintain an instrument for appendix F of this part. continuously measuring and recording (iv) If your monitoring system has a the emissions to the atmosphere in ac- malfunction or out-of-control period, cordance with the following: you must complete repairs and resume

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operation of your monitoring system emissions monitoring system, which- as expeditiously as possible. ever is greater. (4) During each relative accuracy test (viii) For oxygen (or carbon dioxide run of the continuous emissions moni- as established in (b)(5) of this section), toring system using the performance Method 3A or 3B at 40 CFR part 60, ap- specifications in paragraph (b)(3)(ii) of pendix A–2, or as an alternative ANSI/ this section, emission data for each ASME PTC 19.10–1981 (incorporated by regulated pollutant and oxygen (or car- reference, see § 60.17), as applicable, bon dioxide as established in paragraph must be used. (b)(5) of this section) must be collected (5) You may request that compliance concurrently (or within a 30- to 60- with the emission limits be determined minute period) by both the continuous using carbon dioxide measurements emissions monitoring systems and the corrected to an equivalent of 7 percent test methods specified in paragraphs oxygen. If carbon dioxide is selected for (b)(4)(i) through (b)(4)(viii) of this sec- use in diluent corrections, the relation- tion. Relative accuracy testing must be ship between oxygen and carbon diox- at representative operating conditions ide levels must be established during while the SSI unit is charging sewage the initial performance test according sludge. to the procedures and methods speci- (i) For particulate matter, Method 5 fied in paragraphs (b)(5)(i) through at 40 CFR part 60, appendix A–3 or (b)(5)(iv) of this section. This relation- Method 26A or 29 at 40 CFR part 60, ap- ship may be re-established during sub- pendix A–8 shall be used. sequent performance tests. (ii) For hydrogen chloride, Method 26 (i) The fuel factor equation in Meth- or 26A at 40 CFR part 60, appendix A–8, od 3B at 40 CFR part 60, appendix A–2 shall be used as specified in Tables 2 must be used to determine the rela- and 3 to this subpart. tionship between oxygen and carbon di- (iii) For carbon monoxide, Method 10, oxide at a sampling location. Method 10A, or 10B at 40 CFR part 60, appendix 3A or 3B at 50 CFR part 60, appendix A– A–4, shall be used. (iv) For dioxins/furans, Method 23 at 2, or as an alternative ANSI/ASME 40 CFR part 60, appendix A–7, shall be PTC 19.10–1981 (incorporated by ref- used. erence, see § 60.17), as applicable, must (v) For mercury, cadmium, and lead, be used to determine the oxygen con- Method 29 at 40 CFR part 60, appendix centration at the same location as the A–8 shall be used. Alternatively for carbon dioxide monitor. mercury, Method 30B at 40 CFR part 60, (ii) Samples must be taken for at appendix A–8 or ASTM D6784–02 (Re- least 30 minutes in each hour. approved 2008) (incorporated by ref- (iii) Each sample must represent a 1- erence, see § 60.17), may be used. hour average. (vi) For nitrogen oxides, Method 7 or (iv) A minimum of three runs must 7E at 40 CFR part 60, appendix A–4, be performed. shall be used. (6) You must operate the continuous (vii) For sulfur dioxide, Method 6 or monitoring system and collect data 6C at 40 CFR part 60, appendix A–4, or with the continuous monitoring sys- as an alternative ANSI/ASME PTC tem as follows: 19.10–1981 (incorporated by reference, (i) You must collect data using the see § 60.17) must be used. For sources continuous monitoring system at all that have actual inlet emissions less times the affected SSI unit is oper- than 100 parts per million dry volume, ating and at the intervals specified in the relative accuracy criterion for paragraph (b)(6)(ii) of this section, ex- inlet sulfur dioxide continuous emis- cept for periods of monitoring system sions monitoring system should be no malfunctions that occur during periods greater than 20 percent of the mean specified in § 60.4880(a)(7)(i), repairs as- value of the method test data in terms sociated with monitoring system mal- of the units of the emission standard, functions, and required monitoring sys- or 5 parts per million dry volume abso- tem quality assurance or quality con- lute value of the mean difference be- trol activities (including, as applicable, tween the method and the continuous calibration checks and required zero

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and span adjustments). Any such peri- (1) Inspect air pollution control de- ods that you do not collect data using vice(s) for proper operation. the continuous monitoring system con- (2) Generally observe that the equip- stitute a deviation from the moni- ment is maintained in good operating toring requirements and must be re- condition. ported in a deviation report. (3) Develop a site-specific monitoring (ii) You must collect continuous plan according to the requirements in emissions monitoring system data in § 60.4880. This requirement also applies accordance with § 60.13(e)(2). to you if you petition the EPA Admin- (iii) Any data collected during moni- istrator for alternative monitoring pa- toring system malfunctions, repairs as- rameters under § 60.13(i). sociated with monitoring system mal- (d) Bypass stack. Use of the bypass functions, or required monitoring sys- stack at any time that sewage sludge is tem quality assurance or control ac- being charged to the SSI unit is an tivities conducted during monitoring emissions standards deviation for all system malfunctions must not be in- pollutants listed in Table 1 or 2 to this cluded in calculations used to report subpart. The use of the bypass stack emissions or operating levels. Any such during a performance test invalidates periods must be reported in a deviation report. the performance test. (iv) Any data collected during periods § 60.4905 What are the monitoring and when the monitoring system is out of calibration requirements for com- control as specified in § 60.4880(a)(7)(i), pliance with my operating limits? repairs associated with periods when the monitoring system is out of con- (a) You must install, operate, cali- trol, or required monitoring system brate, and maintain the continuous pa- quality assurance or control activities rameter monitoring systems according conducted during out-of-control peri- to the requirements in paragraphs ods must not be included in calcula- (a)(1) and (2) of this section. tions used to report emissions or oper- (1) Meet the following general re- ating levels. Any such periods that do quirements for flow, pressure, pH, and not coincide with a monitoring system operating temperature measurement malfunction constitute a deviation devices: from the monitoring requirements and (i) You must collect data using the must be reported in a deviation report. continuous monitoring system at all (v) You must use all the data col- times the affected SSI unit is oper- lected during all periods except those ating and at the intervals specified in periods specified in paragraphs paragraph (a)(1)(ii) of this section, ex- (b)(6)(iii) and (b)(6)(iv) of this section in cept for periods of monitoring system assessing the operation of the control malfunctions that occur during periods device and associated control system. specified in § 60.4880(a)(7)(i), repairs as- (7) If you elect to use a continuous sociated with monitoring system mal- automated sampling system instead of functions, and required monitoring sys- conducting annual performance test- tem quality assurance or quality con- ing, you must: trol activities (including, as applicable, (i) Install, calibrate, maintain, and calibration checks and required zero operate a continuous automated sam- and span adjustments). Any such peri- pling system according to the site-spe- ods that you do not collect data using cific monitoring plan developed in the continuous monitoring system con- § 60.58b(p)(1) through (p)(6), (p)(9), stitute a deviation from the moni- (p)(10), and (q). toring requirements and must be re- (ii) Collect data according to ported in a deviation report. § 60.58b(p)(5) and paragraph (b)(6) of this (ii) You must collect continuous pa- section. rameter monitoring system data in ac- (c) Air pollution control device inspec- cordance with § 60.13(e)(2). tions. You must conduct air pollution control device inspections that include, at a minimum, the following:

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(iii) Any data collected during moni- (1) For positive pressure fabric filter toring system malfunctions, repairs as- systems that do not duct all compart- sociated with monitoring system mal- ments of cells to a common stack, a functions, or required monitoring sys- bag leak detection system must be in- tem quality assurance or control ac- stalled in each baghouse compartment tivities conducted during monitoring or cell. system malfunctions must not be in- (2) Where multiple bag leak detectors cluded in calculations used to report are required, the system’s instrumen- emissions or operating levels. Any such tation and alarm may be shared among periods must be reported in your an- detectors. nual deviation report. (3) You must initiate procedures to (iv) Any data collected during periods determine the cause of every alarm when the monitoring system is out of within 8 hours of the alarm, and you control as specified in § 60.4880(a)(7)(i), must alleviate the cause of the alarm repairs associated with periods when within 24 hours of the alarm by taking the monitoring system is out of con- whatever corrective action(s) are nec- trol, or required monitoring system essary. Corrective actions may include, quality assurance or control activities but are not limited to the following: conducted during out-of-control peri- (i) Inspecting the fabric filter for air ods must not be included in calcula- leaks, torn or broken bags or filter tions used to report emissions or oper- media, or any other condition that ating levels. Any such periods that do may cause an increase in particulate not coincide with a monitoring system matter emissions. malfunction, as defined in § 60.4930, con- (ii) Sealing off defective bags or filter stitute a deviation from the moni- media. toring requirements and must be re- (iii) Replacing defective bags or filter ported in a deviation report. media or otherwise repairing the con- (v) You must use all the data col- trol device. lected during all periods except those (iv) Sealing off a defective fabric fil- periods specified in paragraphs ter compartment. (a)(1)(iii) and (a)(1)(iv) of this section in (v) Cleaning the bag leak detection assessing the operation of the control system probe or otherwise repairing device and associated control system. the bag leak detection system. (vi) Shutting down the process pro- (vi) Record the results of each inspec- ducing the particulate matter emis- tion, calibration, and validation check. sions. (2) Operate and maintain your con- (c) You must operate and maintain tinuous monitoring system according the continuous parameter monitoring to your monitoring plan required under systems specified in paragraphs (a) and § 60.4880. Additionally: (b) of this section in continuous oper- (i) For carrier gas flow rate monitors ation according to your monitoring (for activated carbon injection), during plan required under § 60.4880. the performance test conducted pursu- (d) If your SSI unit has a bypass ant to § 60.4885, you must demonstrate stack, you must install, calibrate (to that the system is maintained within manufacturers’ specifications), main- ±5 percent accuracy, according to the tain, and operate a device or method procedures in appendix A to part 75 of for measuring the use of the bypass this chapter. stack including date, time, and dura- (ii) For carrier gas pressure drop tion. monitors (for activated carbon injection), during the performance test con- RECORDKEEPING AND REPORTING ducted pursuant to § 60.4885, you must demonstrate that the system is main- § 60.4910 What records must I keep? tained within ±5 percent accuracy. You must maintain the items (as ap- (b) You must operate and maintain plicable) specified in paragraphs (a) your bag leak detection system in con- through (n) of this section for a period tinuous operation according to your of at least 5 years. All records must be monitoring plan required under available on site in either paper copy § 60.4880. Additionally: or computer-readable format that can

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be printed upon request, unless an al- (ii) Records showing the names of the ternative format is approved by the SSI operators who have completed the Administrator. operator training requirements under (a) Date. Calendar date of each § 60.4810, met the criteria for qualifica- record. tion under § 60.4820, and maintained or (b) Siting. All documentation pro- renewed their qualification under duced as a result of the siting require- § 60.4825 or § 60.4830. Records must in- ments of §§ 60.4800 and 60.4805. clude documentation of training, in- (c) Operator Training. Documentation cluding the dates of their initial quali- of the operator training procedures and fication and all subsequent renewals of records specified in paragraphs (c)(1) such qualifications. through (c)(4) of this section. You must (3) Records showing the periods when make available and readily accessible no qualified operators were accessible at the facility at all times for all SSI for more than 8 hours, but less than 2 unit operators the documentation spec- weeks, as required in § 60.4835(a). ified in paragraph (c)(1) of this section. (4) Records showing the periods when (1) Documentation of the following no qualified operators were accessible operator training procedures and infor- for 2 weeks or more along with copies mation: of reports submitted as required in (i) Summary of the applicable stand- § 60.4835(b). ards under this subpart. (d) Air pollution control device inspec- (ii) Procedures for receiving, han- tions. Records of the results of initial dling, and feeding sewage sludge. and annual air pollution control device (iii) Incinerator startup, shutdown, inspections conducted as specified in and malfunction preventative and cor- §§ 60.4875 and 60.4900(c), including any rective procedures. required maintenance and any repairs (iv) Procedures for maintaining prop- not completed within 10 days of an in- er combustion air supply levels. spection or the timeframe established (v) Procedures for operating the in- by the Administrator. cinerator and associated air pollution (e) Performance test reports. (1) The re- control systems within the standards sults of the initial, annual, and any established under this subpart. subsequent performance tests con- (vi) Monitoring procedures for dem- ducted to determine compliance with onstrating compliance with the incin- the emission limits and standards and/ erator operating limits. or to establish operating limits, as ap- (vii) Reporting and recordkeeping plicable. procedures. (2) Retain a copy of the complete per- (viii) Procedures for handling ash. formance test report, including cal- (ix) A list of the materials burned culations. during the performance test, if in addi- (3) Keep a record of the hourly dry tion to sewage sludge. sludge feed rate measured during per- (x) For each qualified operator and formance test runs, as specified in other plant personnel who may operate § 60.4900(a)(2)(i). the unit according to the provisions of (4) Keep any necessary records to § 60.4835(a), the phone and/or pager demonstrate that the performance test number at which they can be reached was conducted under conditions rep- during operating hours. resentative of normal operations, in- (2) Records showing the names of SSI cluding a record of the moisture con- unit operators and other plant per- tent measured as required in sonnel who may operate the unit ac- § 60.4900(a)(2)(ii) for each grab sample cording to the provisions of § 60.4835(a), taken of the sewage sludge burned dur- as follows: ing the performance test. (i) Records showing the names of SSI (f) Continuous monitoring data. unit operators and other plant per- Records of the following data, as appli- sonnel who have completed review of cable: the information in paragraph (c)(1) of (1) For continuous emissions moni- this section as required by § 60.4840(b), toring systems, all 1-hour average con- including the date of the initial review centrations of particulate matter, hy- and all subsequent annual reviews. drogen chloride, carbon monoxide,

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dioxins/furans total mass basis, mer- tain data collected for all operating pa- cury, nitrogen oxides, sulfur dioxide, rameters used to determine compliance cadmium, and lead emissions. with the operating limits, at the fre- (2) For continuous automated sam- quencies specified in your monitoring pling systems, all average concentra- plan. tions measured for mercury and (g) Other records for continuous moni- dioxins/furans total mass basis at the toring systems. You must keep the fol- frequencies specified in your moni- lowing records, as applicable: toring plan. (1) Keep records of any notifications (3) For continuous parameter moni- to the Administrator in § 60.4915(h)(1) of toring systems: starting or stopping use of a contin- (i) All 1-hour average values recorded uous monitoring system for deter- for the following operating parameters, mining compliance with any emissions as applicable: limit. (A) Combustion chamber operating (2) Keep records of any requests temperature (or afterburner tempera- under § 60.4900(b)(5) that compliance ture). with the emission limits be determined (B) If a wet scrubber is used to com- using carbon dioxide measurements ply with the rule, pressure drop across corrected to an equivalent of 7 percent each wet scrubber system, liquid flow oxygen. rate to each wet scrubber used to com- (3) If activated carbon injection is ply with the emission limit in Table 1 used to comply with the rule, the type or 2 to this subpart for particulate matter, cadmium, or lead, and scrubber of sorbent used and any changes in the liquid flow rate and scrubber liquid pH type of sorbent used. for each wet scrubber used to comply (h) Deviation Reports. Records of any with an emission limit in Table 1 or 2 deviation reports submitted under to this subpart for sulfur dioxide or hy- § 60.4915(e) and (f). drogen chloride. (i) Equipment specifications and oper- (C) If an electrostatic precipitator is ation and maintenance requirements. used to comply with the rule, sec- Equipment specifications and related ondary voltage and secondary amper- operation and maintenance require- age of the electrostatic precipitator ments received from vendors for the in- collection plates, and effluent water cinerator, emission controls, and moni- flow rate at the outlet of the wet elec- toring equipment. trostatic precipitator. (j) Inspections, calibrations, and valida- (D) If activated carbon injection is tion checks of monitoring devices. used to comply with the rule, sorbent Records of inspections, calibrations, flow rate and carrier gas flow rate or and validations checks of any moni- pressure drop, as applicable. toring devices as required under (ii) All daily average values recorded §§ 60.4900 and 60.4905. for the feed rate and moisture content (k) Monitoring plan and performance of the sewage sludge fed to the sewage evaluations for continuous monitoring sludge incinerator, monitored and cal- systems. Records of the monitoring culated as specified in § 60.4850(f). plans required under § 60.4880, and (iii) If a fabric filter is used to com- records of performance evaluations reply with the rule, the date, time, and quired under § 60.4885(b)(5). duration of each alarm and the time (l) Less frequent testing. If, consistent corrective action was initiated and with 60.4885(a)(3), you elect to conduct completed, and a brief description of performance tests less frequently than the cause of the alarm and the correc- annually, you must keep annual tive action taken. You must also records that document that your emis- record the percent of operating time sions in the 2 previous consecutive during each 6-month period that the years were at or below 75 percent of the alarm sounds, calculated as specified in applicable emission limit in Table 1 or § 60.4890. 2 to this subpart, and document that (iv) For other control devices for there were no changes in source oper- which you must establish operating ations or air pollution control equip- limits under § 60.4855, you must main- ment that would cause emissions of the

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relevant pollutant to increase within (1) Company name, physical address, the past 2 years. and mailing address. (m) Use of bypass stack. Records indi- (2) Statement by a responsible offi- cating use of the bypass stack, includ- cial, with that official’s name, title, ing dates, times, and durations as re- and signature, certifying the accuracy quired under § 60.4905(d). of the content of the report. (n) If a malfunction occurs, you must (3) Date of report. keep a record of the information sub- (4) The complete test report for the mitted in your annual report in initial performance test results ob- § 60.4915(d)(16). tained by using the test methods speci- § 60.4915 What reports must I submit? fied in Table 1 or 2 to this subpart. (5) If an initial performance evalua- You must submit the reports speci- tion of a continuous monitoring sys- fied in paragraphs (a) through (j) of tem was conducted, the results of that this section. See Table 5 to this sub- initial performance evaluation. part for a summary of these reports. (a) Notification of construction. You (6) The values for the site-specific op- must submit a notification prior to erating limits established pursuant to commencing construction that in- §§ 60.4850 and 60.4855 and the calcula- cludes the four items listed in para- tions and methods, as applicable, used graphs (a)(1) through (a)(4) of this sec- to establish each operating limit. tion: (7) If you are using a fabric filter to (1) A statement of intent to con- comply with the emission limits, docu- struct. mentation that a bag leak detection (2) The anticipated date of com- system has been installed and is being mencement of construction. operated, calibrated, and maintained as (3) All documentation produced as a required by § 60.4850(b). result of the siting requirements of (8) The results of the initial air pollu- § 60.4805. tion control device inspection required (4) Anticipated date of initial start- in § 60.4875, including a description of up. repairs. (b) Notification of initial startup. You (d) Annual compliance report. You must submit the information specified must submit an annual compliance re- in paragraphs (b)(1) through (b)(5) of port that includes the items listed in this section prior to initial startup: paragraphs (d)(1) through (d)(16) of this (1) The maximum design dry sludge section for the reporting period speci- burning capacity. fied in paragraph (d)(3) of this section. (2) The anticipated and permitted You must submit your first annual maximum dry sludge feed rate. compliance report no later than 12 (3) If applicable, the petition for site- months following the submission of the specific operating limits specified in initial compliance report in paragraph § 60.4855. (c) of this section. You must submit (4) The anticipated date of initial subsequent annual compliance reports startup. no more than 12 months following the (5) The site-specific monitoring plan previous annual compliance report. required under § 60.4880, at least 60 days (You may be required to submit these before your initial performance evalua- reports (or additional compliance in- tion of your continuous monitoring system. formation) more frequently by the title (6) The site-specific monitoring plan V operating permit required in for your ash handling system required § 60.4920.) under § 60.4880, at least 60 days before (1) Company name, physical address, your initial performance test to dem- and mailing address. onstrate compliance with your fugitive (2) Statement by a responsible offi- ash emission limit. cial, with that official’s name, title, (c) Initial compliance report. You must and signature, certifying the accuracy submit the following information no of the content of the report. later than 60 days following the initial (3) Date of report and beginning and performance test. ending dates of the reporting period.

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(4) If a performance test was con- ment as to whether there have been ducted during the reporting period, the any process changes and whether the results of that performance test. process change resulted in an increase (i) If operating limits were estab- in emissions. lished during the performance test, in- (10) Documentation of periods when clude the value for each operating all qualified SSI unit operators were limit and, as applicable, the method unavailable for more than 8 hours, but used to establish each operating limit, less than 2 weeks. including calculations. (11) Results of annual air pollution (ii) If activated carbon is used during control device inspections recorded the performance test, include the type under § 60.4910(d) for the reporting pe- of activated carbon used. riod, including a description of repairs. (5) For each pollutant and operating (12) If there were no periods during parameter recorded using a continuous the reporting period when your contin- monitoring system, the highest aver- uous monitoring systems had a mal- age value and lowest average value re- function, a statement that there were corded during the reporting period, as no periods during which your contin- follows: uous monitoring systems had a mal- (i) For continuous emission moni- function. toring systems and continuous auto- (13) If there were no periods during mated sampling systems, report the the reporting period when a continuous highest and lowest 24-hour average monitoring system was out of control, emission value. (ii) For continuous parameter moni- a statement that there were no periods toring systems, report the following during which your continuous moni- values: toring system was out of control. (A) For all operating parameters ex- (14) If there were no operator train- cept scrubber liquid pH, the highest ing deviations, a statement that there and lowest 12-hour average values. were no such deviations during the re- (B) For scrubber liquid pH, the high- porting period. est and lowest 3-hour average values. (15) If you did not make revisions to (6) If there are no deviations during your site-specific monitoring plan dur- the reporting period from any emission ing the reporting period, a statement limit, emission standard, or operating that you did not make any revisions to limit that applies to you, a statement your site-specific monitoring plan dur- that there were no deviations from the ing the reporting period. If you made emission limits, emission standard, or revisions to your site-specific moni- operating limits. toring plan during the reporting pe- (7) Information for bag leak detec- riod, a copy of the revised plan. tion systems recorded under (16) If you had a malfunction during § 60.4910(f)(3)(iii). the reporting period, the compliance (8) If a performance evaluation of a report must include the number, dura- continuous monitoring system was tion, and a brief description for each conducted, the results of that perform- type of malfunction that occurred dur- ance evaluation. If new operating lim- ing the reporting period and that its were established during the per- caused or may have caused any appli- formance evaluation, include your cal- cable emission limitation to be exceed- culations for establishing those oper- ed. The report must also include a de- ating limits. scription of actions taken by an owner (9) If you elect to conduct perform- or operator during a malfunction of an ance tests less frequently as allowed in affected source to minimize emissions § 60.4885(a)(3) and did not conduct a per- in accordance with § 60.11(d), including formance test during the reporting pe- actions taken to correct a malfunction. riod, you must include the dates of the (e) Deviation reports. (1) You must last two performance tests, a compari- submit a deviation report if: son of the emission level you achieved (i) Any recorded operating parameter in the last two performance tests to level, based on the averaging time the 75 percent emission limit threshold specified in Table 3 to this subpart, is specified in § 60.4885(a)(3), and a state- above the maximum operating limit or

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below the minimum operating limit es- (vi) Dates, times, and causes for mon- tablished under this subpart. itor downtime incidents. (ii) The bag leak detection system (vii) A copy of the operating param- alarm sounds for more than 5 percent eter monitoring data during each devi- of the operating time for the 6-month ation and any test report that docu- reporting period. ments the emission levels. (iii) Any recorded 24-hour block aver- (viii) If there were periods during age emissions level is above the emis- which the continuous monitoring sys- sion limit, if a continuous monitoring tem malfunctioned or was out of con- system is used to comply with an emis- trol, you must include the following in- sion limit. formation for each deviation from an (iv) There are visible emissions of emission limit or operating limit: combustion ash from an ash conveying (A) The date and time that each mal- system for more than 5 percent of the function started and stopped. hourly observation period. (B) The date, time, and duration that (v) A performance test was conducted each continuous monitoring system that deviated from any emission limit was inoperative, except for zero (low- in Table 1 or 2 to this subpart. level) and high-level checks. (vi) A continuous monitoring system (C) The date, time, and duration that was out of control. each continuous monitoring system (vii) You had a malfunction (e.g., con- was out of control, including start and tinuous monitoring system malfunc- end dates and hours and descriptions of tion) that caused or may have caused corrective actions taken. any applicable emission limit to be ex- (D) The date and time that each devi- ceeded. ation started and stopped, and whether (2) The deviation report must be sub- each deviation occurred during a period mitted by August 1 of that year for of malfunction, during a period when data collected during the first half of the system as out of control, or during the calendar year (January 1 to June another period. 30), and by February 1 of the following (E) A summary of the total duration year for data you collected during the of the deviation during the reporting second half of the calendar year (July 1 period, and the total duration as a per- to December 31). cent of the total source operating time (3) For each deviation where you are during that reporting period. using a continuous monitoring system (F) A breakdown of the total dura- to comply with an associated emission tion of the deviations during the re- limit or operating limit, report the porting period into those that are due items described in paragraphs (e)(3)(i) to control equipment problems, process through (e)(3)(viii) of this section. problems, other known causes, and (i) Company name, physical address, other unknown causes. and mailing address. (G) A summary of the total duration (ii) Statement by a responsible offi- of continuous monitoring system cial, with that official’s name, title, downtime during the reporting period, and signature, certifying the accuracy and the total duration of continuous of the content of the report. monitoring system downtime as a per- (iii) The calendar dates and times cent of the total operating time of the your unit deviated from the emission SSI unit at which the continuous mon- limits, emission standards, or oper- itoring system downtime occurred dur- ating limits requirements. ing that reporting period. (iv) The averaged and recorded data (H) An identification of each param- for those dates. eter and pollutant that was monitored (v) Duration and cause of each devi- at the SSI unit. ation from the following: (I) A brief description of the SSI unit. (A) Emission limits, emission stand- (J) A brief description of the contin- ards, operating limits, and your correc- uous monitoring system. tive actions. (K) The date of the latest continuous (B) Bypass events and your correc- monitoring system certification or tive actions. audit.

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(L) A description of any changes in (ii) Submit a status report to the Ad- continuous monitoring system, proc- ministrator every 4 weeks that in- esses, or controls since the last report- cludes the three items in paragraphs ing period. (f)(1)(ii)(A) through (f)(1)(ii)(C) of this (4) For each deviation where you are section. not using a continuous monitoring sys- (A) A description of actions taken to tem to comply with the associated ensure that a qualified operator is ac- emission limit or operating limit, re- cessible. port the following items: (B) The date when you anticipate (i) Company name, physical address, that a qualified operator will be acces- and mailing address. sible. (ii) Statement by a responsible offi- (C) Request for approval from the Ad- cial with that official’s name, title, and ministrator to continue operation of signature, certifying the accuracy of the SSI unit. the content of the report. (2) If your unit was shut down by the (iii) The total operating time of each Administrator, under the provisions of affected SSI during the reporting pe- § 60.4835(b)(2)(i), due to a failure to pro- riod. vide an accessible qualified operator, (iv) The calendar dates and times you must notify the Administrator your unit deviated from the emission within 5 days of meeting limits, emission standards, or oper- § 60.4835(b)(2)(ii) that you are resuming ating limits requirements. operation. (v) The averaged and recorded data (g) Notification of a force majeure. If a for those dates. force majeure is about to occur, occurs, or has occurred for which you intend to (vi) Duration and cause of each devi- assert a claim of force majeure: ation from the following: (1) You must notify the Adminis- (A) Emission limits, emission stand- trator, in writing as soon as prac- ard, and operating limits, and your cor- ticable following the date you first rective actions. knew, or through due diligence should (B) Bypass events and your correc- have known that the event may cause tive actions. or caused a delay in conducting a per- (vii) A copy of any performance test formance test beyond the regulatory report that showed a deviation from deadline, but the notification must the emission limits or standard. occur before the performance test (viii) A brief description of any mal- deadline unless the initial force function reported in paragraph majeure or a subsequent force majeure (e)(1)(vii) of this section, including a event delays the notice, and in such description of actions taken during the cases, the notification must occur as malfunction to minimize emissions in soon as practicable. accordance with 60.11(d) and to correct (2) You must provide to the Adminis- the malfunction. trator a written description of the (f) Qualified operator deviation. (1) If force majeure event and a rationale for all qualified operators are not acces- attributing the delay in conducting the sible for 2 weeks or more, you must performance test beyond the regu- take the two actions in paragraphs latory deadline to the force majeure; (f)(1)(i) and (f)(1)(ii) of this section. describe the measures taken or to be (i) Submit a notification of the devi- taken to minimize the delay; and iden- ation within 10 days that includes the tify a date by which you propose to three items in paragraphs (f)(1)(i)(A) conduct the performance test. through (f)(1)(i)(C) of this section. (h) Other notifications and reports re- (A) A statement of what caused the quired. You must submit other notifica- deviation. tions as provided by § 60.7 and as fol- (B) A description of actions taken to lows: ensure that a qualified operator is ac- (1) You must notify the Adminis- cessible. trator 1 month before starting or stop- (C) The date when you anticipate ping use of a continuous monitoring that a qualified operator will be avail- system for determining compliance able. with any emission limit.

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(2) You must notify the Adminis- plete Title V permit application must trator at least 30 days prior to any per- be submitted on or before one of the formance test conducted to comply dates specified in paragraph (a)(1) or with the provisions of this subpart, to (a)(2) of this section. (See section 503(c) afford the Administrator the oppor- of the Clean Air Act and 40 CFR tunity to have an observer present. 70.5(a)(1)(i) and 40 CFR 71.5(a)(1)(i)). (3) As specified in § 60.4900(a)(8), you (1) For a SSI unit that commenced must notify the Administrator at least operation as a new SSI unit as of 7 days prior to the date of a resched- March 21, 2011, then a complete title V uled performance test for which notifi- permit application must be submitted cation was previously made in para- not later than March 21, 2012. graph (h)(2) of this section. (2) For a SSI unit that does not com- (i) Report submission form. (1) Submit mence operation as a new SSI unit initial, annual, and deviation reports until after March 21, 2011, then a com- electronically or in paper format, post- plete title V permit application must marked on or before the submittal due be submitted not later than 12 months dates. after the date the unit commences op- (2) As of January 1, 2012 and within 60 eration as a new source. days after the date of completing each (b) If your new SSI unit subject to performance test, as defined in § 63.2, this subpart is subject to title V as a conducted to demonstrate compliance result of some triggering require- with this subpart, you must submit rel- ment(s) other than this subpart (for ex- ative accuracy test audit (i.e., ref- ample, a unit subject to this subpart erence method) data and performance may be a major source or part of a test (i.e., compliance test) data, except major source), then your unit may be opacity data, electronically to EPA’s required to apply for a title V permit Central Data Exchange (CDX) by using prior to the deadlines specified in para- the Electronic Reporting Tool (ERT) graph (a) of this section. If more than (see http://www.epa.gov/ttn/chief/ert/ one requirement triggers a source’s ob- ertlltool.html/) or other compatible ligation to apply for a title V permit, electronic spreadsheet. Only data col- the 12-month timeframe for filing a lected using test methods compatible title V permit application is triggered with ERT are subject to this require- by the requirement that first causes ment to be submitted electronically the source to be subject to title V. (See into EPA’s WebFIRE database. section 503(c) of the Clean Air Act and (j) Changing report dates. If the Ad- 40 CFR 70.3(a) and (b), 40 CFR ministrator agrees, you may change 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and the semi-annual or annual reporting 40 CFR 71.5(a)(1)(i).) dates. See § 60.19(c) for procedures to seek approval to change your reporting (c) A ‘‘complete’’ title V permit ap- date. plication is one that has been determined or deemed complete by the rel- TITLE V OPERATING PERMITS evant permitting authority under section 503(d) of the Clean Air Act and 40 § 60.4920 Am I required to apply for CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You and obtain a title V operating per- must submit a complete permit appli- mit for my unit? cation by the relevant application Yes, if you are subject to this sub- deadline in order to operate after this part, you are required to apply for and date in compliance with Federal law. obtain a Title V operating permit un- (See sections 503(d) and 502(a) of the less you meet the relevant require- Clean Air Act and 40 CFR 70.7(b) and 40 ments for an exemption specified in CFR 71.7(b).) § 60.4780. DEFINITIONS § 60.4925 When must I submit a title V permit application for my new SSI § 60.4930 What definitions must I unit? know? (a) If your new SSI unit subject to Terms used but not defined in this this subpart is not subject to an earlier subpart are defined in the Clean Air permit application deadline, a com- Act and § 60.2.

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Affected source means a sewage sludge equipment used to sample and condi- incineration unit as defined in § 60.4930. tion (if applicable), to analyze, and to Affirmative defense means, in the con- provide a permanent record of emis- text of an enforcement proceeding, a sions or process parameters. response or defense put forward by a Continuous parameter monitoring sys- defendant, regarding which the defend- tem means a monitoring system for ant has the burden of proof, and the continuously measuring and recording merits of which are independently and operating conditions associated with objectively evaluated in a judicial or air pollution control device systems administrative proceeding. (e.g., operating temperature, pressure, Auxiliary fuel means natural gas, liq- and power). uefied petroleum gas, fuel oil, or diesel Deviation means any instance in fuel. which an affected source subject to this Bag leak detection system means an in- subpart, or an owner or operator of strument that is capable of monitoring such a source: particulate matter loadings in the ex- (1) Fails to meet any requirement or haust of a fabric filter (i.e., baghouse) obligation established by this subpart, in order to detect bag failures. A bag including but not limited to any emis- leak detection system includes, but is sion limit, operating limit, or operator not limited to, an instrument that op- qualification and accessibility require- erates on triboelectric, light scat- ments. tering, light transmittance, or other (2) Fails to meet any term or condi- principle to monitor relative particu- tion that is adopted to implement an late matter loadings. applicable requirement in this subpart Bypass stack means a device used for and that is included in the operating discharging combustion gases to avoid permit for any affected source required severe damage to the air pollution con- to obtain such a permit. trol device or other equipment. means tetra- through Calendar year means 365 consecutive Dioxins/furans days starting on January 1 and ending octachlorinated dibenzo-p-dioxins and on December 31. dibenzofurans. Continuous automated sampling system Electrostatic precipitator or wet electro- means the total equipment and proce- static precipitator means an air pollu- dures for automated sample collection tion control device that uses both elec- and sample recovery/analysis to deter- trical forces and, if applicable, water to mine a pollutant concentration or remove pollutants in the exit gas from emission rate by collecting a single in- a sewage sludge incinerator stack. tegrated sample(s) or multiple inte- Existing sewage sludge incineration grated sample(s) of the pollutant (or unit means a sewage sludge inciner- diluent gas) for subsequent on- or off- ation unit the construction of which is site analysis; integrated sample(s) col- commenced on or before October 14, lected are representative of the emis- 2010. sions for the sample time as specified Fabric filter means an add-on air pol- by the applicable requirement. lution control device used to capture Continuous emissions monitoring system particulate matter by filtering gas means a monitoring system for con- streams through filter media, also tinuously measuring and recording the known as a baghouse. emissions of a pollutant from an af- Fluidized bed incinerator means an en- fected facility. closed device in which organic matter Continuous monitoring system (CMS) and inorganic matter in sewage sludge means a continuous emissions moni- are combusted in a bed of particles sus- toring system, continuous automated pended in the combustion chamber gas. sampling system, continuous param- Malfunction means any sudden, infre- eter monitoring system, or other man- quent, and not reasonably preventable ual or automatic monitoring that is failure of air pollution control and used for demonstrating compliance monitoring equipment, process equip- with an applicable regulation on a con- ment, or a process to operate in a nor- tinuous basis as defined by this sub- mal or usual manner. Failures that are part. The term refers to the total caused, in part, by poor maintenance

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or careless operation are not malfunc- to the electrostatic precipitator collec- tions. tion plates. Modification means a change to an ex- Process change means a significant isting SSI unit later than September permit revision, but only with respect 21, 2011 and that meets one of two cri- to those pollutant-specific emission teria: units for which the proposed permit re- (1) The cumulative cost of the vision is applicable, including but not changes over the life of the unit ex- limited to: ceeds 50 percent of the original cost of (1) A change in the process employed building and installing the SSI unit at the wastewater treatment facility (not including the cost of land) updated associated with the affected SSI unit to current costs (current dollars). To (e.g., the addition of tertiary treatment determine what systems are within the at the facility, which changes the boundary of the SSI unit used to cal- method used for disposing of process culate these costs, see the definition of solids and processing of the sludge SSI unit. prior to incineration). (2) Any physical change in the SSI (2) A change in the air pollution con- unit or change in the method of oper- trol devices used to comply with the ating it that increases the amount of emission limits for the affected SSI any air pollutant emitted for which unit (e.g., change in the sorbent used section 129 or section 111 of the Clean for activated carbon injection). Air Act has established standards. Sewage sludge means solid, semi-solid, Modified sewage sludge incineration or liquid residue generated during the (SSI) unit means an existing SSI unit treatment of domestic sewage in a that undergoes a modification, as de- treatment works. Sewage sludge in- fined in this section. cludes, but is not limited to, domestic Multiple hearth incinerator means a septage; scum or solids removed in pri- circular steel furnace that contains a mary, secondary, or advanced waste- number of solid refractory hearths and water treatment processes; and a mate- a central rotating shaft; rabble arms rial derived from sewage sludge. Sew- that are designed to slowly rake the age sludge does not include ash gen- sludge on the hearth are attached to erated during the firing of sewage the rotating shaft. Dewatered sludge sludge in a sewage sludge incineration enters at the top and proceeds down- unit or grit and screenings generated ward through the furnace from hearth during preliminary treatment of do- to hearth, pushed along by the rabble mestic sewage in a treatment works. arms. Sewage sludge feed rate means the rate New sewage sludge incineration unit at which sewage sludge is fed into the means a SSI unit the construction of incinerator unit. which is commenced after October 14, Sewage sludge incineration (SSI) unit 2010 which would be applicable to such means an incineration unit combusting unit or a modified solid waste inciner- sewage sludge for the purpose of reduc- ation unit. ing the volume of the sewage sludge by Operating day means a 24-hour period removing combustible matter. Sewage between 12:00 midnight and the fol- sludge incineration unit designs in- lowing midnight during which any clude fluidized bed and multiple amount of sewage sludge is combusted hearth. A SSI unit also includes, but is at any time in the SSI unit. not limited to, the sewage sludge feed Particulate matter means filterable system, auxiliary fuel feed system, particulate matter emitted from SSI grate system, flue gas system, waste units as measured by Method 5 at 40 heat recovery equipment, if any, and CFR part 60, appendix A–3 or Methods bottom ash system. The SSI unit in- 26A or 29 at 40 CFR part 60, appendix A– cludes all ash handling systems con- 8. nected to the bottom ash handling sys- Power input to the electrostatic precipi- tem. The combustion unit bottom ash tator means the product of the test-run system ends at the truck loading sta- average secondary voltage and the tion or similar equipment that trans- test-run average secondary amperage fers the ash to final disposal. The SSI

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unit does not include air pollution con- of 68 °F (20 °C) and a pressure of 1 at- trol equipment or the stack. mosphere (101.3 kilopascals). Shutdown means the period of time Startup means the period of time be- after all sewage sludge has been com- tween the activation, including the fir- busted in the primary chamber. ing of fuels (e.g., natural gas or dis- Solid waste means any garbage, tillate oil), of the system and the first refuse, sewage sludge from a waste feed to the unit. treatment plant, water supply treat- Toxic equivalency means the product ment plant, or air pollution control fa- of the concentration of an individual cility and other discarded material, in- dioxin isomer in an environmental cluding solid, liquid, semisolid, or con- mixture and the corresponding esti- tained gaseous material resulting from mate of the compound-specific toxicity industrial, commercial, mining, agri- relative to tetrachlorinated dibenzo-p- cultural operations, and from commu- dioxin, referred to as the toxic equiva- nity activities, but does not include lency factor for that compound. Table 4 solid or dissolved material in domestic to this subpart lists the toxic equiva- sewage, or solid or dissolved materials lency factors. in irrigation return flows or industrial Wet scrubber means an add-on air pol- discharges which are point sources sub- lution control device that utilizes an ject to permits under section 402 of the aqueous or alkaline scrubbing liquid to Federal Water Pollution Control Act, collect particulate matter (including as amended (33 U.S.C. 1342), or source, nonvaporous metals and condensed special nuclear, or byproduct material organics) and/or to absorb and neu- as defined by the Atomic Energy Act of tralize acid gases. 1954, as amended (42 U.S.C. 2014). You means the owner or operator of a Standard conditions, when referring to SSI unit that meets the criteria in units of measure, means a temperature § 60.4770.

TABLE 1 TO SUBPART LLLL OF PART 60—EMISSION LIMITS AND STANDARDS FOR NEW FLUIDIZED BED SEWAGE SLUDGE INCINERATION UNITS

Using these For the air pollutant You must meet this emission averaging methods and And determining limit a minimum sampling compliance using this method volumes or durations

Particulate matter ...... 9.6 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 5 ard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–3; Method 26A or run). Method 29 at 40 CFR part 60, appendix A–8). Hydrogen chloride ...... 0.24 parts per million by dry 3-run average (Collect a min- Performance test (Method volume. imum volume of 1 dry 26A at 40 CFR part 60, ap- standard cubic meters per pendix A–8). run). Carbon monoxide ...... 27 parts per million by dry 24-hour block average (using Continuous emissions moni- volume. 1-hour averages of data). toring system. (Perform- For determining compliance ance Specification 4B of with the carbon monoxide this part, using a low-range concentration limit using span of 100 ppm and a carbon monoxide CEMS, high-range span of 1000 the correction to 7 percent ppm, and a RA of 0.5 ppm oxygen does not apply dur- instead of 5 ppm specified ing periods of startup or in section 13.2. For the cyl- shutdown. Use the meas- inder gas audit of Proce- ured carbon monoxide con- dure 1, ±15% or 0.5 which- centration without cor- ever is greater). recting for oxygen concentration in averaging with other carbon monoxide concentrations (corrected to 7 percent oxygen) to determine the 24-hour average value.

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Using these For the air pollutant You must meet this emission averaging methods and And determining limit a minimum sampling compliance using this method volumes or durations

Dioxins/furans (total mass 0.013 nanograms per dry 3-run average (collect a min- Performance test (Method 23 basis); or standard cubic meter (total imum volume of 3 dry at 40 CFR part 60, appen- Dioxins/furans (toxic equiva- mass basis); or standard cubic meters per dix A–7). lency basis) b 0.0044 nanograms per dry run). standard cubic meter (toxic equivalency basis). Mercury ...... 0.0010 milligrams per dry 3-run average (For Method 29 Performance test (Method 29 standard cubic meter. and ASTM D6784–02 (Re- at 40 CFR part 60, appen- approved 2008),c collect a dix A–8; Method 30B at 40 minimum volume of 3 dry CFR part 60, appendix A– standard cubic meters per 8; or ASTM D6784–02 (Re- run. For Method 30B, col- approved 2008).c lect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A–8). Oxides of nitrogen ...... 30 parts per million by dry 3-run average (Collect sample Performance test (Method 7 volume. for a minimum duration of or 7E at 40 CFR part 60, one hour per run). appendix A–4). Sulfur dioxide ...... 5.3 parts per million by dry 3-run average (For Method 6, Performance test (Method 6 volume. collect a minimum volume or 6C at 40 CFR part 40, of 100 liters per run. For appendix A–4; or ANSI/ Method 6C, sample for a ASME PTC 19.10–1981.c minimum duration of one hour per run). Cadmium ...... 0.0011 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–8). Use GFAAS or run). ICP/MS for the analytical finish. Lead ...... 0.00062 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 3 dry at 40 CFR part 60, appen- standard cubic meters per dix A–8. Use GFAAS or run). ICP/MS for the analytical finish. Fugitive emissions from ash Visible emissions of combus- Three 1-hour observation pe- Visible emission test (Method handling. tion ash from an ash con- riods. 22 of appendix A–7 of this veying system (including part). conveyor transfer points) for no more than 5 percent of the hourly observation period.

a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. b You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17.

TABLE 2 TO SUBPART LLLL OF PART 60—EMISSION LIMITS AND STANDARDS FOR NEW MULTIPLE HEARTH SEWAGE SLUDGE INCINERATION UNITS

You must meet this emission Using these averaging meth- And determining compliance For the air pollutant a ods and minimum sampling limit volumes or durations using this method

Particulate matter ...... 60 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 5 ard cubic meter. imum volume of 0.75 dry at 40 CFR part 60, appen- standard cubic meters per dix A–3; Method 26A or run). Method 29 at 40 CFR part 60, appendix A–8). Hydrogen chloride ...... 1.2 parts per million by dry 3-run average (For Method Performance test (Method 26 volume. 26, collect a minimum vol- or 26A at 40 CFR part 60, ume of 200 liters per run. appendix A–8). For Method 26A, collect a minimum volume of 1 dry standard cubic meters per run).

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You must meet this emission Using these averaging meth- And determining compliance For the air pollutant a ods and minimum sampling limit volumes or durations using this method

Carbon monoxide ...... 52 parts per million by dry 24-hour block average (using Continuous emissions moni- volume. 1-hour averages of data). toring system. (Perform- ance Specification 4B of this part, using a low-range span of 100 ppm and a high-range span of 1000 ppm, and a relative accuracy of 0.5 ppm instead of 5 ppm specified in section 13.2. For the cylinder gas audit of Procedure 1, ±15% or 0.5 whichever is greater). Dioxins/furans (total mass 0.045 nanograms per dry 3-run average (collect a min- Performance test (Method 23 basis); or standard cubic meter (total imum volume of 3 dry at 40 CFR part 60, appen- Dioxins/furans (toxic equiva- mass basis); or standard cubic meters per dix A–7). lency basis) b 0.0022 nanograms per dry run). standard cubic meter (toxic equivalency basis). Mercury ...... 0.15 milligrams per dry stand- 3-run average (For Method 29 Performance test (Method 29 ard cubic meter. and ASTM D6784–02 (Re- at 40 CFR part 60, appen- approved 2008),c collect a dix A–8; Method 30B at 40 minimum volume of 1 dry CFR part 60, appendix A– standard cubic meters per 8; or ASTM D6784–02 (Re- run. For Method 30B, col- approved 2008).c lect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A–8). Oxides of nitrogen ...... 210 parts per million by dry 3-run average (Collect sample Performance test (Method 7 volume. for a minimum duration of or 7E at 40 CFR part 60, one hour per run). appendix A–4). Sulfur dioxide ...... 26 parts per million by dry 3-run average (For Method 6, Performance test (Method 6 volume. collect a minimum volume or 6C at 40 CFR part 40, of 200 liters per run. For appendix A–4; or ANSI/ Method 6C, collect sample ASME PTC 19.10–1981.c for a minimum duration of one hour per run). Cadmium ...... 0.0024 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–8). Use GFAAS or run). ICP/MS for the analytical finish. Lead ...... 0.0035 milligrams per dry 3-run average (collect a min- Performance test (Method 29 standard cubic meter. imum volume of 1 dry at 40 CFR part 60, appen- standard cubic meters per dix A–8. Use GFAAS or run). ICP/MS for the analytical finish. Fugitive emissions from ash Visible emissions of combus- Three 1-hour observation pe- Visible emission test (Method handling. tion ash from an ash con- riods. 22 of appendix A–7 of this veying system (including part). conveyor transfer points) for no more than 5 percent of the hourly observation period. a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. b You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17.

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TABLE 3 TO SUBPART LLLL OF PART 60—OPERATING PARAMETERS FOR NEW SEWAGE SLUDGE INCINERATION UNITS A

And monitor using these minimum frequencies You must establish these oper- For these operating parameters ating limits Data measure- Data Data b averaging period ment recording for compliance

All sewage sludge incineration units

Combustion chamber operating Minimum combustion chamber Continuous ...... Every 15 minutes 12-hour block. temperature or afterburner operating temperature or after- temperature. burner temperature. Fugitive emissions from ash han- Site-specific operating require- Not applicable .... Not applicable .... Not applicable. dling. ments.

Scrubber

Pressure drop across each wet Minimum pressure drop ...... Continuous ...... Every 15 minutes 12-hour block. scrubber. Scrubber liquid flow rate ...... Minimum flow rate ...... Continuous ...... Every 15 minutes 12-hour block. Scrubber liquid pH ...... Minimum pH ...... Continuous ...... Every 15 minutes 3-hour block.

Fabric Filter

Alarm time of the bag leak detec- Maximum alarm time of the bag leak detection system alarm (this operating limit is provided tion system alarm. in § 60.4850 and is not established on a site-specific basis).

Electrostatic precipitator

Secondary voltage of the electro- Minimum power input to the Continuous ...... Hourly ...... 12-hour block. static precipitator collection electrostatic precipitator collec- plates. tion plates.

Secondary amperage of the electrostatic precipitator collection plates. Effluent water flow rate at the Minimum effluent water flow rate Hourly ...... Hourly ...... 12-hour block. outlet of the electrostatic pre- at the outlet of the electro- cipitator. static precipitator.

Activated carbon injection

Mercury sorbent injection rate .... Minimum mercury sorbent injec- Hourly ...... Hourly ...... 12-hour block. tion rate. Dioxin/furan sorbent injection rate Minimum dioxin/furan sorbent injection rate. Carrier gas flow rate or carrier Minimum carrier gas flow rate or Continuous ...... Every 15 minutes 12-hour block. gas pressure drop. minimum carrier gas pressure drop. a As specified in § 60.4870, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing certain operating limits. b This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.

TABLE 4 TO SUBPART LLLL OF PART 60—TOXIC EQUIVALENCY FACTORS

Toxic Dioxin/furan isomer equivalency factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ...... 1 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ...... 1 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin ...... 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin ...... 0.01 octachlorinated dibenzo-p-dioxin ...... 0.0003 2,3,7,8-tetrachlorinated dibenzofuran ...... 0.1 2,3,4,7,8-pentachlorinated dibenzofuran ...... 0.3 1,2,3,7,8-pentachlorinated dibenzofuran ...... 0.03 1,2,3,4,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran ...... 0.1

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Toxic Dioxin/furan isomer equivalency factor

2,3,4,6,7,8-hexachlorinated dibenzofuran ...... 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran ...... 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran ...... 0.01 octachlorinated dibenzofuran ...... 0.0003

TABLE 5 TO SUBPART LLLL OF PART 60—SUMMARY OF REPORTING REQUIREMENTS FOR NEW SEWAGE SLUDGE INCINERATION UNITS A

Report Due date Contents Reference

Notification of construc- Prior to commencing 1. Statement of intent to construct ...... § 60.4915(a). tion. construction. 2. Anticipated date of commencement of construction. 3. Documentation for siting requirements. 4. Anticipated date of initial startup. Notification of initial Prior to initial startup .... 1. Maximum design dry sewage sludge burning § 60.4915(b). startup. capacity. 2. Anticipated and permitted maximum feed rate. 3. If applicable, the petition for site-specific operating limits. 4. Anticipated date of initial startup. 5. Site-specific monitoring plan. 6. The site-specific monitoring plan for your ash handling system. Initial compliance report No later than 60 days 1. Company name and address ...... § 60.4915(c). following the initial 2. Statement by a responsible official, with that performance test. official’s name, title, and signature, certifying the accuracy of the content of the report. 3. Date of report. 4. Complete test report for the initial performance test. 5. Results of CMS b performance evaluation. 6. The values for the site-specific operating limits and the calculations and methods, as applicable, used to establish each operating limit. 7. Documentation of installation of bag leak detection system for fabric filter. 8. Results of initial air pollution control device inspection, including a description of repairs.

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Report Due date Contents Reference

Annual compliance re- No later than 12 months 1. Company name and address ...... §§ 60.4915(d). port. following the submis- 2. Statement and signature by responsible offi- sion of the initial com- cial. pliance report; subse- 3. Date and beginning and ending dates of re- quent reports are to port. be submitted no more 4. If a performance test was conducted during than 12 months fol- the reporting period, the results of the test, in- lowing the previous cluding any new operating limits and associ- report. ated calculations and the type of activated carbon used, if applicable. 5. For each pollutant and operating parameter recorded using a CMS, the highest recorded 3-hour average and the lowest recorded 3- hour average, as applicable. 6. If no deviations from emission limits, emission standards, or operating limits occurred, a statement that no deviations occurred. 7. If a fabric filter is used, the date, time, and duration of alarms. 8. If a performance evaluation of a CMS was conducted, the results, including any new operating limits and their associated calculations. 9. If you met the requirements of § 60.4885(a)(3) and did not conduct a performance test, include the dates of the last three performance tests, a comparison to the 50 percent emission limit threshold of the emission level achieved in the last three performance tests, and a statement as to whether there have been any process changes. 10. Documentation of periods when all qualified SSI unit operators were unavailable for more than 8 hours but less than 2 weeks. 11. Results of annual pollutions control device inspections, including description of repairs. 12. If there were no periods during which your CMSs had malfunctions, a statement that there were no periods during which your CMSs had malfunctions. 13. If there were no periods during which your CMSs were out of control, a statement that there were no periods during which your CMSs were out of control. 14. If there were no operator training deviations, a statement that there were no such deviations. 15. Information on monitoring plan revisions, including a copy of any revised monitoring plan.

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Report Due date Contents Reference

Deviation report (devi- By August 1 of a cal- If using a CMS: 1. Company name and address § 60.4915(e). ations from emission endar year for data 2. Statement by a responsible official. limits, emission stand- collected during the 3. The calendar dates and times your unit devi- ards, or operating lim- first half of the cal- ated from the emission limits or operating limits, as specified in endar year; by Feb- its. § 60.4915(e)(1)). ruary 1 of a calendar 4. The averaged and recorded data for those year for data col- dates. lected during the sec- 5. Duration and cause of each deviation. ond half of the cal- 6. Dates, times, and causes for monitor down- endar year. time incidents. 7. A copy of the operating parameter monitoring data during each deviation and any test report that documents the emission levels. 8. For periods of CMS malfunction or when a CMS was out of control, you must include the information specified in § 60.4915(e)(3)(viii). If not using a CMS: ...... 1. Company name and address ...... 2. Statement by a responsible official. 3. The total operating time of each affected SSI. 4. The calendar dates and times your unit deviated from the emission limits, emission standard, or operating limits. 5. The averaged and recorded data for those dates. 6. Duration and cause of each deviation. 7. A copy of any performance test report that showed a deviation from the emission limits or standards. 8. A brief description of any malfunction, a description of actions taken during the malfunction to minimize emissions, and corrective action taken. Notification of qualified Within 10 days of devi- 1. Statement of cause of deviation ...... § 60.4915(f). operator deviation (if ation. 2. Description of actions taken to ensure that a all qualified operators qualified operator will be available. are not accessible for 3. The date when a qualified operator will be 2 weeks or more). accessible. Notification of status of Every 4 weeks following 1. Description of actions taken to ensure that a § 60.4915(f). qualified operator de- notification of devi- qualified operator is accessible. viation. ation. 2. The date when you anticipate that a qualified operator will be accessible. 3. Request for approval to continue operation. Notification of resumed Within 5 days of obtain- 1. Notification that you have obtained a qualified § 60.4915(f). operation following ing a qualified oper- operator and are resuming operation. shutdown (due to ator and resuming qualified operator de- operation. viation and as specified in § 60.4835(b)(2)(i). Notification of a force As soon as practicable 1. Description of the force majeure event ...... § 60.4915(g). majeure. following the date you 2. Rationale for attributing the delay in con- first knew, or through ducting the performance test beyond the reg- due diligence should ulatory deadline to the force majeure. have known that the 3. Description of the measures taken or to be event may cause or taken to minimize the delay. caused a delay in 4. Identification of the date by which you pro- conducting a perform- pose to conduct the performance test. ance test beyond the regulatory deadline; the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification must occur as soon as practicable.

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Report Due date Contents Reference

Notification of intent to 1 month before starting 1. Intent to start or stop use of a CMS ...... § 60.4915(h). start or stop use of a or stopping use of a CMS. CMS. Notification of intent to At least 30 days prior to 1. Intent to conduct a performance test to com- conduct a perform- the performance test. ply with this subpart. ance test. Notification of intent to At least 7 days prior to 1. Intent to conduct a rescheduled performance conduct a rescheduled the date of a retest to comply with this subpart. performance test. scheduled performance test. a This table is only a summary, see the referenced sections of the rule for the complete requirements. b CMS means continuous monitoring system.

Subpart MMMM—Emission Guide- § 60.5010 Is a state plan required for lines and Compliance Times all states? for Existing Sewage Sludge In- No. You are not required to submit a cineration Units state plan if there are no SSI units for which construction commenced on or before October 14, 2010 in your state, SOURCE: 76 FR 15404, Mar. 21, 2011, unless and you submit a negative declaration otherwise noted. letter in place of the state plan.

INTRODUCTION § 60.5015 What must I include in my state plan? § 60.5000 What is the purpose of this subpart? (a) You must include the nine items described in paragraphs (a)(1) through This subpart establishes emission (a)(9) of this section in your state plan. guidelines and compliance schedules (1) Inventory of affected SSI units, for the control of emissions from sew- including those that have ceased oper- age sludge incineration (SSI) units. ation but have not been dismantled. The pollutants addressed by these (2) Inventory of emissions from af- emission guidelines are listed in Tables fected SSI units in your state. 2 and 3 to this subpart. These emission (3) Compliance schedules for each af- guidelines are developed in accordance fected SSI unit. with sections 111(d) and 129 of the (4) Emission limits, emission stand- Clean Air Act and subpart B of this ards, operator training and qualifica- part. To the extent any requirement of tion requirements, and operating lim- this subpart is inconsistent with the its for affected SSI units that are at requirements of subpart A of this part, least as protective as the emission the requirements of this subpart will guidelines contained in this subpart. apply. (5) Performance testing, recordkeeping, and reporting requirements. § 60.5005 Am I affected by this sub- (6) Certification that the hearing on part? the state plan was held, a list of wit- (a) If you are the Administrator of an nesses and their organizational affili- air quality program in a state or ations, if any, appearing at the hear- United States protectorate with one or ing, and a brief written summary of each presentation or written submis- more SSI units that commenced con- sion. struction on or before October 14, 2010, (7) Provision for state progress re- you must submit a state plan to U.S. ports to EPA. Environmental Protection Agency (8) Identification of enforceable state (EPA) that implements the emission mechanisms that you selected for im- guidelines contained in this subpart. plementing the emission guidelines of (b) You must submit the state plan this subpart. to EPA by March 21, 2012. (9) Demonstration of your state’s legal authority to carry out the sections 111(d) and 129 state plan.

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(b) Your state plan may deviate from § 60.5035 What compliance schedule the format and content of the emission must I include in my state plan? guidelines contained in this subpart. (a) For SSI units that commenced However, if your state plan does devi- construction on or before October 14, ate in content, you must demonstrate 2010, your state plan must include com- that your state plan is at least as pro- pliance schedules that require SSI tective as the emission guidelines con- units to achieve final compliance as ex- tained in this subpart. Your state plan peditiously as practicable after ap- must address regulatory applicability, proval of the state plan but not later increments of progress for retrofit, op- than the earlier of the two dates speci- erator training and qualification, emis- fied in paragraphs (a)(1) and (a)(2) of sion limits and standards, performance this section. testing, operating limits, monitoring, (1) March 21, 2016. and recordkeeping and reporting. (2) Three years after the effective (c) You must follow the requirements date of state plan approval. of subpart B of this part (Adoption and (b) For compliance schedules that ex- Submittal of state plans for Designated tend more than 1 year following the ef- Facilities) in your state plan. fective date of state plan approval, § 60.5020 Is there an approval process state plans must include dates for en- for my state plan? forceable increments of progress as specified in § 60.5090. Yes. The EPA will review your state plan according to § 60.27. § 60.5040 Are there any state plan requirements for this subpart that § 60.5025 What if my state plan is not apply instead of the requirements approvable? specified in subpart B? If you do not submit an approvable Yes. Subpart B establishes general state plan (or a negative declaration requirements for developing and proc- letter) by March 21, 2013, EPA will de- essing section 111(d) state plans. This velop a Federal plan according to § 60.27 subpart applies instead of the require- to implement the emission guidelines ments in subpart B of this part, as contained in this subpart. Owners and specified in paragraphs (a) and (b) of operators of SSI units not covered by this section: an approved state plan must comply (a) State plans developed to imple- with the Federal plan. The Federal ment this subpart must be as protec- plan is an interim action and will be tive as the emission guidelines con- automatically withdrawn when your tained in this subpart. State plans state plan is approved. must require all SSI units to comply by the dates specified in § 60.5035. This § 60.5030 Is there an approval process applies instead of the option for case- for a negative declaration letter? by-case less stringent emission stand- No. The EPA has no formal review ards and longer compliance schedules process for negative declaration let- in § 60.24(f). ters. Once your negative declaration (b) State plans developed to imple- letter has been received, EPA will ment this subpart are required to in- place a copy in the public docket and clude two increments of progress for publish a notice in the FEDERAL REG- the affected SSI units. These two min- ISTER. If, at a later date, a SSI unit for imum increments are the final control which construction commenced on or plan submittal date and final compli- before October 14, 2010 is found in your ance date in § 60.21(h)(1) and (5). This state, the Federal plan implementing applies instead of the requirement of the emission guidelines contained in § 60.24(e)(1) that would require a state this subpart would automatically apply plan to include all five increments of to that SSI unit until your state plan progress for all SSI units. is approved.

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§ 60.5045 In lieu of a state plan sub- are specified in paragraphs (a) through mittal, are there other acceptable (g) of this section. option(s) for a state to meet its sec- (a) Approval of alternatives to the tion 111(d)/129 (b)(2) obligations? emission limits and standards in Ta- Yes, a state may meet its Clean Air bles 2 and 3 to this subpart and oper- Act section 111(d)/129 obligations by ating limits established under § 60.5175 submitting an acceptable written re- or § 60.5190. quest for delegation of the Federal plan (b) Approval of major alternatives to that meets the requirements of this test methods. section. This is the only other option (c) Approval of major alternatives to for a state to meet its section 111(d)/129 monitoring. obligations. (d) Approval of major alternatives to (a) An acceptable Federal plan dele- recordkeeping and reporting. gation request must include the fol- (e) The requirements in § 60.5175. lowing: (f) The requirements in § 60.5155(b)(2). (1) A demonstration of adequate re- (g) Performance test and data reduc- sources and legal authority to admin- tion waivers under § 60.8(b). ister and enforce the Federal plan. § 60.5055 Does this subpart directly af- (2) The items under § 60.5015(a)(1), fect SSI unit owners and operators (a)(2), and (a)(7). in my state? (3) Certification that the hearing on (a) No. This subpart does not directly the state delegation request, similar to affect SSI unit owners and operators in the hearing for a state plan submittal, your state. However, SSI unit owners was held, a list of witnesses and their and operators must comply with the organizational affiliations, if any, ap- state plan you develop to implement pearing at the hearing, and a brief the emission guidelines contained in written summary of each presentation this subpart. States may choose to in- or written submission. corporate the model rule text directly (4) A commitment to enter into a in their state plan. Memorandum of Agreement with the (b) If you do not submit an approv- Regional Administrator that sets forth able plan to implement and enforce the the terms, conditions, and effective guidelines contained in this subpart by date of the delegation and that serves March 21, 2012, EPA will implement as the mechanism for the transfer of and enforce a Federal plan, as provided authority. Additional guidance and in- in § 60.5025, to ensure that each unit formation is given in EPA’s Delegation within your state that commenced con- Manual, Item 7–139, Implementation struction on or before October 14, 2010 and Enforcement of 111(d)(2) and 111(d)/ reaches compliance with all the provi- (2)/129 (b)(3) Federal plans. sions of this subpart by the dates speci- (b) A state with an already approved fied in § 60.5035. SSI Clean Air Act section 111(d)/129 state plan is not precluded from receiv- APPLICABILITY OF STATE PLANS ing EPA approval of a delegation request for the revised Federal plan, pro- § 60.5060 What SSI units must I ad- vided the requirements of paragraph (a) dress in my state plan? of this section are met, and at the time (a) Your state plan must address SSI of the delegation request, the state units that meet all three criteria de- also requests withdrawal of EPA’s prescribed in paragraphs (a)(1) through (3) vious state plan approval. of this section. (c) A state’s Clean Air Act section (1) SSI units in your state that com- 111(d)/129 obligations are separate from menced construction on or before Octo- its obligations under title V of the ber 14, 2010. Clean Air Act. (2) SSI units that meet the definition of a SSI unit as defined in § 60.5250. § 60.5050 What authorities will not be (3) SSI units not exempt under delegated to state, local, or tribal § 60.5065. agencies? (b) If the owner or operator of a SSI The authorities that will not be dele- unit makes changes that meet the defi- gated to state, local, or tribal agencies nition of modification after September

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21, 2011, the SSI unit becomes subject § 60.5080 What are the principal com- to subpart LLLL of this part and the ponents of the model rule? state plan no longer applies to that The model rule contains the nine unit. major components listed in paragraphs (c) If the owner or operator of a SSI (a) through (i) of this section. unit makes physical or operational changes to a SSI unit for which con- (a) Increments of progress toward struction commenced on or before Sep- compliance. tember 21, 2011 primarily to comply (b) Operator training and qualifica- with your state plan, subpart LLLL of tion. this part does not apply to that unit. (c) Emission limits, emission stand- Such changes do not qualify as modi- ards, and operating limits. fications under subpart LLLL of this (d) Initial compliance requirements. part. (e) Continuous compliance requirements. § 60.5065 What SSI units are exempt (f) Performance testing, monitoring, from my state plan? and calibration requirements. This subpart exempts combustion (g) Recordkeeping and reporting. units that incinerate sewage sludge (h) Definitions. and are not located at a wastewater (i) Tables. treatment facility designed to treat domestic sewage sludge. These units may MODEL RULE—INCREMENTS OF be subject to another subpart of this PROGRESS part (e.g., subpart CCCC of this part). The owner or operator of such a com- § 60.5085 What are my requirements bustion unit must notify the Adminis- for meeting increments of progress trator of an exemption claim under and achieving final compliance? this section. If you plan to achieve compliance USE OF MODEL RULE more than 1 year following the effective date of state plan approval, you § 60.5070 What is the ‘‘model rule’’ in must meet the two increments of this subpart? progress specified in paragraphs (a) and (a) The model rule is the portion of (b) of this section. these emission guidelines (§§ 60.5085 (a) Submit a final control plan. through 60.5250) that addresses the reg- (b) Achieve final compliance. ulatory requirements applicable to SSI units. The model rule provides these § 60.5090 When must I complete each requirements in regulation format. increment of progress? You must develop a state plan that is Table 1 to this subpart specifies com- at least as protective as the model pliance dates for each increment of rule. You may use the model rule lan- progress. guage as part of your state plan. Alter- native language may be used in your § 60.5095 What must I include in the state plan if you demonstrate that the notifications of achievement of in- alternative language is at least as pro- crements of progress? tective as the model rule contained in Your notification of achievement of this subpart. increments of progress must include (b) In the model rule of §§ 60.5085 the three items specified in paragraphs through 60.5250, ‘‘you’’ and ‘‘Adminis- trator’’ have the meaning specified in (a) through (c) of this section. § 60.5250. (a) Notification that the increment of progress has been achieved. § 60.5075 How does the model rule re- (b) Any items required to be sub- late to the required elements of my mitted with each increment of state plan? progress. Use the model rule to satisfy the (c) Signature of the owner or oper- state plan requirements specified in ator of the SSI unit. § 60.5015(a)(3) through (a)(5).

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§ 60.5100 When must I submit the noti- lution control devices would operate as fications of achievement of incre- designed. ments of progress? Notifications for achieving incre- § 60.5120 What must I do if I close my SSI unit and then restart it? ments of progress must be postmarked no later than 10 business days after the (a) If you close your SSI unit but will compliance date for the increment. restart it prior to the final compliance date in your state plan, you must meet § 60.5105 What if I do not meet an in- the increments of progress specified in crement of progress? § 60.5085. If you fail to meet an increment of (b) If you close your SSI unit but will progress, you must submit a notifica- restart it after your final compliance tion to the Administrator postmarked date, you must complete emission con- within 10 business days after the date trol retrofits and meet the emission for that increment of progress in Table limits, emission standards, and oper- 1 to this subpart. You must inform the ating limits on the date your unit re- Administrator that you did not meet starts operation. the increment, and you must continue § 60.5125 What must I do if I plan to to submit reports each subsequent cal- permanently close my SSI unit and endar month until the increment of not restart it? progress is met. If you plan to close your SSI unit § 60.5110 How do I comply with the in- rather than comply with the state crement of progress for submittal of plan, submit a closure notification, in- a control plan? cluding the date of closure, to the Ad- ministrator by the date your final con- For your control plan increment of trol plan is due. progress, you must satisfy the two requirements specified in paragraphs (a) MODEL RULE—OPERATOR TRAINING AND and (b) of this section. QUALIFICATION (a) Submit the final control plan that includes the four items described in § 60.5130 What are the operator train- paragraphs (a)(1) through (a)(4) of this ing and qualification requirements? section. (a) A SSI unit cannot be operated un- (1) A description of the devices for air less a fully trained and qualified SSI pollution control and process changes unit operator is accessible, either at that you will use to comply with the the facility or can be at the facility emission limits and standards and within 1 hour. The trained and quali- other requirements of this subpart. fied SSI unit operator may operate the (2) The type(s) of waste to be burned, SSI unit directly or be the direct su- if waste other than sewage sludge is pervisor of one or more other plant per- burned in the unit. sonnel who operate the unit. If all (3) The maximum design sewage qualified SSI unit operators are tempo- sludge burning capacity. rarily not accessible, you must follow (4) If applicable, the petition for site- the procedures in § 60.5155. specific operating limits under § 60.5175. (b) Operator training and qualifica- (b) Maintain an onsite copy of the tion must be obtained through a state- final control plan. approved program or by completing the requirements included in paragraph (c) § 60.5115 How do I comply with the in- of this section. crement of progress for achieving (c) Training must be obtained by final compliance? completing an incinerator operator For the final compliance increment training course that includes, at a min- of progress, you must complete all imum, the three elements described in process changes and retrofit construc- paragraphs (c)(1) through (c)(3) of this tion of control devices, as specified in section. the final control plan, so that, if the af- (1) Training on the 10 subjects listed fected SSI unit is brought online, all in paragraphs (c)(1)(i) through (c)(1)(x) necessary process changes and air pol- of this section.

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(i) Environmental concerns, includ- fully passes the examination required ing types of emissions. under § 60.5130(c)(2). (ii) Basic combustion principles, including products of combustion. § 60.5145 How do I maintain my oper- (iii) Operation of the specific type of ator qualification? incinerator to be used by the operator, To maintain qualification, you must including proper startup, sewage sludge complete an annual review or refresher feeding, and shutdown procedures. course covering, at a minimum, the (iv) Combustion controls and moni- five topics described in paragraphs (a) toring. through (e) of this section. (v) Operation of air pollution control (a) Update of regulations. equipment and factors affecting per- (b) Incinerator operation, including formance (if applicable). startup and shutdown procedures, sew- (vi) Inspection and maintenance of age sludge feeding, and ash handling. the incinerator and air pollution con- (c) Inspection and maintenance. trol devices. (d) Prevention of malfunctions or (vii) Actions to prevent malfunctions conditions that may lead to malfunc- or to prevent conditions that may lead tion. to malfunctions. (viii) Bottom and fly ash characteris- (e) Discussion of operating problems tics and handling procedures. encountered by attendees. (ix) Applicable Federal, State, and § 60.5150 How do I renew my lapsed local regulations, including Occupa- operator qualification? tional Safety and Health Administra- tion workplace standards. You must renew a lapsed operator (x) Pollution prevention. qualification before you begin oper- (2) An examination designed and ad- ation of a SSI unit by one of the two ministered by the state-approved pro- methods specified in paragraphs (a) and gram. (b) of this section. (3) Written material covering the (a) For a lapse of less than 3 years, training course topics that may serve you must complete a standard annual as reference material following comple- refresher course described in § 60.5145. tion of the course. (b) For a lapse of 3 years or more, you must repeat the initial qualifica- § 60.5135 When must the operator tion requirements in § 60.5140(a). training course be completed? The operator training course must be § 60.5155 What if all the qualified oper- completed by the later of the three ators are temporarily not acces- dates specified in paragraphs (a) sible? through (c) of this section. If a qualified operator is not at the (a) The final compliance date (Incre- facility and cannot be at the facility ment 2). within 1 hour, you must meet the cri- (b) Six months after your SSI unit teria specified in either paragraph (a) startup. or (b) of this section, depending on the (c) Six months after an employee as- length of time that a qualified operator sumes responsibility for operating the is not accessible. SSI unit or assumes responsibility for (a) When a qualified operator is not supervising the operation of the SSI accessible for more than 8 hours, the unit. SSI unit may be operated for less than 2 weeks by other plant personnel who § 60.5140 How do I obtain my operator are familiar with the operation of the qualification? SSI unit and who have completed a re- (a) You must obtain operator quali- view of the information specified in fication by completing a training § 60.5160 within the past 12 months. course that satisfies the criteria under However, you must record the period § 60.5130(b). when a qualified operator was not ac- (b) Qualification is valid from the cessible and include this deviation in date on which the training course is the annual report as specified under completed and the operator success- § 60.5235(d).

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(b) When a qualified operator is not ities for operation of the SSI unit, accessible for 2 weeks or more, you whichever date is later. must take the two actions that are de- (2) Subsequent annual reviews of the scribed in paragraphs (b)(1) and (b)(2) of information listed in § 60.5230(c)(1) must this section. be conducted no later than 12 months (1) Notify the Administrator of this following the previous review. deviation in writing within 10 days. In the notice, state what caused this devi- MODEL RULE—EMISSION LIMITS, EMIS- ation, what you are doing to ensure SION STANDARDS, AND OPERATING LIM- that a qualified operator is accessible, ITS AND REQUIREMENTS and when you anticipate that a qualified operator will be accessible. § 60.5165 What emission limits and (2) Submit a status report to the Ad- standards must I meet and by when? ministrator every 4 weeks outlining what you are doing to ensure that a You must meet the emission limits qualified operator is accessible, stating and standards specified in Table 2 or 3 when you anticipate that a qualified to this subpart by the final compliance operator will be accessible, and re- date under the approved state plan, questing approval from the Adminis- Federal plan, or delegation, as applica- trator to continue operation of the SSI ble. The emission limits and standards unit. You must submit the first status apply at all times the unit is operating report 4 weeks after you notify the Ad- and during periods of malfunction. The ministrator of the deviation under emission limits and standards apply to paragraph (b)(1) of this section. emissions from a bypass stack or vent (i) If the Administrator notifies you while sewage sludge is in the combus- that your request to continue oper- tion chamber (i.e., until the sewage ation of the SSI unit is disapproved, sludge feed to the combustor has been the SSI unit may continue operation cut off for a period of time not less for 30 days, and then must cease oper- than the sewage sludge incineration ation. residence time). (ii) Operation of the unit may resume if a qualified operator is accessible as § 60.5170 What operating limits and re- required under § 60.5130(a). You must quirements must I meet and by when? notify the Administrator within 5 days of having resumed operations and of You must meet, as applicable, the op- having a qualified operator accessible. erating limits and requirements specified in paragraphs (a) through (d) and § 60.5160 What site-specific docu- (h) of this section, according to the mentation is required and how schedule specified in paragraph (e) of often must it be reviewed by quali- this section. The operating parameters fied operators and plant personnel? for which you will establish operating (a) You must maintain at the facility limits for a wet scrubber, fabric filter, the documentation of the operator electrostatic precipitator, or activated training procedures specified under carbon injection are listed in Table 4 to § 60.5230(c)(1) and make the documenta- this subpart. You must comply with tion readily accessible to all SSI unit the operating requirements in para- operators. graph (f) of this section and the re- (b) You must establish a program for quirements in paragraph (g) of this sec- reviewing the information listed in tion for meeting any new operating § 60.5230(c)(1) with each qualified incin- limits, re-established in § 60.5210. The erator operator and other plant per- operating limits apply at all times that sonnel who may operate the unit ac- sewage sludge is in the combustion cording to the provisions of § 60.5155(a), chamber (i.e., until the sewage sludge according to the following schedule: feed to the combustor has been cut off (1) The initial review of the informa- for a period of time not less than the tion listed in § 60.5230(c)(1) must be con- sewage sludge incineration residence ducted within 6 months after the effec- time). tive date of this subpart or prior to an (a) You must meet a site-specific op- employee’s assumption of responsibil- erating limit for minimum operating

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temperature of the combustion cham- (h) If you use an air pollution control ber (or afterburner combustion cham- device other than a wet scrubber, fab- ber) that you establish in § 60.5190. ric filter, electrostatic precipitator, or (b) If you use a wet scrubber, electro- activated carbon injection to comply static precipitator, activated carbon with the emission limits in Table 2 or injection, or afterburner to comply 3 to this subpart, you must meet any with an emission limit, you must meet site-specific operating limits or re- the site-specific operating limits that quirements that you establish as re- you establish in § 60.5190 for each oper- quired in § 60.5175. ating parameter associated with each air pollution control device. § 60.5175 How do I establish operating (c) If you use a fabric filter to comply limits if I do not use a wet scrubber, with the emission limits, you must in- fabric filter, electrostatic precipi- stall the bag leak detection system tator, activated carbon injection, or specified in §§ 60.5200(b) and afterburner, or if I limit emissions 60.5225(b)(3)(i) and operate the bag leak in some other manner, to comply detection system such that the alarm with the emission limits? does not sound more than 5 percent of If you use an air pollution control de- the operating time during a 6-month vice other than a wet scrubber, fabric period. You must calculate the alarm filter, electrostatic precipitator, acti- time as specified in § 60.5210(a)(2)(i). vated carbon injection, or afterburner, (d) You must meet the operating re- or limit emissions in some other man- quirements in your site-specific fugi- ner (e.g., materials balance) to comply tive emission monitoring plan, sub- with the emission limits in § 60.5165, mitted as specified in § 60.5200(d) to en- you must meet the requirements in sure that your ash handling system will meet the emission standard for fu- paragraphs (a) and (b) of this section. gitive emissions from ash handling. (a) Meet the applicable operating (e) You must meet the operating lim- limits and requirements in § 60.4850, its and requirements specified in para- and establish applicable operating lim- graphs (a) through (d) of this section its according to § 60.5190. by the final compliance date under the (b) Petition the Administrator for approved state plan, Federal plan, or specific operating parameters, oper- delegation, as applicable. ating limits, and averaging periods to (f) You must monitor the feed rate be established during the initial per- and moisture content of the sewage formance test and to be monitored con- sludge fed to the sewage sludge inciner- tinuously thereafter. ator, as specified in paragraphs (f)(1) (1) You are responsible for submit- and (f)(2) of this section. ting any supporting information in a (1) Continuously monitor the sewage timely manner to enable the Adminis- sludge feed rate and calculate a daily trator to consider the application prior average for all hours of operation dur- to the performance test. You must not ing each 24-hour period. Keep a record conduct the initial performance test of the daily average feed rate, as speci- until after the petition has been ap- fied in § 60.5230(f)(3)(ii). proved by the Administrator, and you (2) Take at least one grab sample per must comply with the operating limits day of the sewage sludge fed to the as written, pending approval by the Ad- sewage sludge incinerator. If you take ministrator. Neither submittal of an more than one grab sample in a day, calculate the daily average for the grab application, nor the Administrator’s samples. Keep a record of the daily av- failure to approve or disapprove the ap- erage moisture content, as specified in plication relieves you of the responsi- § 60.5230(f)(3)(ii). bility to comply with any provision of (g) For the operating limits and re- this subpart. quirements specified in paragraphs (a) (2) Your petition must include the through (d) and (h) of this section, you five items listed in paragraphs (b)(2)(i) must meet any new operating limits through (b)(2)(v) of this section. and requirements, re-established ac- (i) Identification of the specific pa- cording to § 60.5210(d). rameters you propose to monitor.

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(ii) A discussion of the relationship exceedances of emission limits that are between these parameters and emis- caused by malfunction, as defined in sions of regulated pollutants, identi- § 60.2. Appropriate penalties may be as- fying how emissions of regulated pol- sessed however, if you fail to meet your lutants change with changes in these burden of proving all of the require- parameters, and how limits on these ments in the affirmative defense. The parameters will serve to limit emis- affirmative defense shall not be avail- sions of regulated pollutants. able for claims for injunctive relief. (iii) A discussion of how you will es- (a) To establish the affirmative de- tablish the upper and/or lower values fense in any action to enforce such a for these parameters that will establish limit, you must timely meet the notifi- the operating limits on these param- cation requirements in paragraph (b) of eters, including a discussion of the this section, and must prove by a pre- averaging periods associated with ponderance of evidence that the condi- those parameters for determining com- tions in paragraphs (a)(1) through (a)(9) pliance. of this section are met. (iv) A discussion identifying the (1) The excess emissions: methods you will use to measure and the instruments you will use to mon- (i) Were caused by a sudden, infre- itor these parameters, as well as the quent, and unavoidable failure of air relative accuracy and precision of pollution control and monitoring these methods and instruments. equipment, process equipment, or a (v) A discussion identifying the fre- process to operate in a normal or usual quency and methods for recalibrating manner, and (ii) Could not have been the instruments you will use for moni- prevented through careful planning, toring these parameters. proper design or better operation and maintenance practices, and (iii) Did § 60.5180 Do the emission limits, emis- not stem from any activity or event sion standards, and operating limits that could have been foreseen and apply during periods of startup, avoided, or planned for, and shutdown, and malfunction? (iv) Were not part of a recurring pat- The emission limits and standards tern indicative of inadequate design, apply at all times and during periods of operation, or maintenance, and malfunction. The operating limits (2) Repairs were made as expedi- apply at all times that sewage sludge is tiously as possible when the applicable in the combustion chamber (i.e., until emission limits were being exceeded. the sewage sludge feed to the com- Off-shift and overtime labor were used, bustor has been cut off for a period of to the extent practicable to make these time not less than the sewage sludge repairs, and (3) The frequency, amount incineration residence time). For de- and duration of the excess emissions termining compliance with the CO con- (including any bypass) were minimized centration limit using CO CEMS, the to the maximum extent practicable correction to 7 percent oxygen does not during periods of such emissions, and apply during periods of startup or shut- (4) If the excess emissions resulted down. Use the measured CO concentra- from a bypass of control equipment or tion without correcting for oxygen con- a process, then the bypass was unavoid- centration in averaging with other CO able to prevent loss of life, personal in- concentrations (corrected to 7 percent jury, or severe property damage, and O2) to determine the 24-hour average value. (5) All possible steps were taken to minimize the impact of the excess § 60.5181 How do I establish an affirm- emissions on ambient air quality, the ative defense for exceedance of an environment and human health, and emission limit or standard during (6) All emissions monitoring and con- malfunction? trol systems were kept in operation if In response to an action to enforce at all possible consistent with safety the numerical emission standards set and good air pollution control prac- forth in paragraph § 60.5165, you may tices, and assert an affirmative defense to a (7) All of the actions in response to claim for civil penalties for the excess emissions were documented

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by properly signed, contemporaneous section, you have the option to dem- operating logs, and onstrate initial compliance using the (8) At all times, the affected facility procedures specified in paragraph (b) of was operated in a manner consistent this section for particulate matter, hy- with good practices for minimizing drogen chloride, carbon monoxide, emissions, and dioxins/furans (total mass basis or (9) A written root cause analysis has toxic equivalency basis), mercury, ni- been prepared the purpose of which is trogen oxides, sulfur dioxide, cadmium, to determine, correct, and eliminate lead, and fugitive emissions from ash the primary causes of the malfunction handling. You must meet the require- and the excess emissions resulting ments of paragraphs (a) and (b) of this from the malfunction event at issue. section, as applicable, and paragraphs The analysis shall also specify, using (c) through (e) of this section, accord- best monitoring methods and engineering to the performance testing, moni- ing judgment, the amount of excess toring, and calibration requirements in emissions that were the result of the § 60.5220(a) and (b). malfunction. (b) The owner or operator of the SSI (a) Demonstrate initial compliance unit experiencing an exceedance of its using the performance test required in emission limit(s) during a malfunction, § 60.8. You must demonstrate that your shall notify the Administrator by tele- SSI unit meets the emission limits and phone or facsimile (fax) transmission standards specified in Table 2 or 3 to as soon as possible, but no later than 2 this subpart for particulate matter, hy- business days after the initial occur- drogen chloride, carbon monoxide, rence of the malfunction, if it wishes to dioxins/furans (total mass basis or avail itself of an affirmative defense to toxic equivalency basis), mercury, ni- civil penalties for that malfunction. trogen oxides, sulfur dioxide, cadmium, The owner or operator seeking to as- lead, and fugitive emissions from ash sert an affirmative defense shall also handling using the performance test. submit a written report to the Admin- The initial performance test must be istrator within 45 days of the initial oc- conducted using the test methods, currence of the exceedance of the averaging methods, and minimum sam- standard in § 60.5165 to demonstrate, pling volumes or durations specified in with all necessary supporting docu- Table 2 or 3 to this subpart and accord- mentation, that it has met the require- ing to the testing, monitoring, and ments set forth in paragraph (a) of this calibration requirements specified in section. The owner or operator may § 60.5220(a). seek an extension of this deadline for (1) Except as provided in paragraph up to 30 additional days by submitting (e) of this section, you must dem- a written request to the Administrator onstrate that your SSI unit meets the before the expiration of the 45 day pe- emission limits and standards specified riod. Until a request for an extension in Table 2 or 3 to this subpart by your has been approved by the Adminis- final compliance date (see Table 1 to trator, the owner or operator is subject this subpart). to the requirement to submit such re- (2) You may use the results from a port within 45 days of the initial occur- performance test conducted within the rence of the exceedance. 2 previous years that was conducted MODEL RULE—INITIAL COMPLIANCE under the same conditions and dem- REQUIREMENTS onstrated compliance with the emission limits and standards in Table 2 or § 60.5185 How and when do I dem- 3 to this subpart, provided no process onstrate initial compliance with the changes have been made since you con- emission limits and standards? ducted that performance test. However, To demonstrate initial compliance you must continue to meet the oper- with the emission limits and standards ating limits established during the in Table 2 or 3 to this subpart, use the most recent performance test that procedures specified in paragraph (a) of demonstrated compliance with the this section. In lieu of using the proce- emission limits and standards in Table dures specified in paragraph (a) of this 2 or 3 to this subpart. The performance

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test must have used the test methods (2) If you use a continuous emissions specified in Table 2 or 3 to this subpart. monitoring system to demonstrate (b) Demonstrate initial compliance compliance with an applicable emis- using a continuous emissions moni- sion limit in Table 2 or 3 to this sub- toring system or continuous auto- part, as described in paragraph (b)(1) of mated sampling system. The option to this section, you must use the contin- use a continuous emissions monitoring uous emissions monitoring system and system for hydrogen chloride, dioxins/ follow the requirements specified in furans, cadmium, or lead takes effect § 60.5220(b). You must measure emis- on the date a final performance speci- sions according to § 60.13 to calculate 1- fication applicable to hydrogen chlo- hour arithmetic averages, corrected to ride, dioxins/furans, cadmium, or lead 7 percent oxygen (or carbon dioxide). is published in the FEDERAL REGISTER. You must demonstrate initial compli- The option to use a continuous auto- ance using a 24-hour block average of mated sampling system for dioxins/ these 1-hour arithmetic average emis- furans takes effect on the date a final sion concentrations, calculated using performance specification for such a Equation 19–19 in section 12.4.1 of continuous automated sampling sys- Method 19 of 40 CFR part 60, appendix tem is published in the FEDERAL REG- A–7. ISTER. Collect data as specified in (3) If you use a continuous automated § 60.5220(b)(6) and use the following pro- sampling system to demonstrate com- cedures: pliance with an applicable emission (1) To demonstrate initial compli- limit in Table 2 or 3 to this subpart, as ance with the emission limits specified described in paragraph (b)(1) of this in Table 2 or 3 to this subpart for par- section, you must: ticulate matter, hydrogen chloride, (i) Use the continuous automated carbon monoxide, dioxins/furans (total sampling system specified in § 60.58b(p) mass basis or toxic equivalency basis), and (q), and measure and calculate av- mercury, nitrogen oxides, sulfur diox- erage emissions corrected to 7 percent ide, cadmium, and lead, you may sub- oxygen (or carbon dioxide) according to stitute the use of a continuous moni- § 60.58b(p) and your monitoring plan. toring system in lieu of conducting the initial performance test required in (A) Use the procedures specified in paragraph (a) of this section, as fol- § 60.58b(p) to calculate 24-hour block lows: averages to determine compliance with (i) You may substitute the use of a the mercury emission limit in Table 2 continuous emissions monitoring sys- to this subpart. tem for any pollutant specified in para- (B) Use the procedures specified in graph (b)(1) of this section in lieu of § 60.58b(p) to calculate 2-week block conducting the initial performance test averages to determine compliance with for that pollutant in paragraph (a) of the dioxin/furan (total mass basis or this section. For determining compli- toxic equivalency basis) emission limit ance with the carbon monoxide con- in Table 2 to this subpart. centration limit using carbon mon- (ii) Comply with the provisions in oxide CEMS, the correction to 7 per- § 60.58b(q) to develop a monitoring plan. cent oxygen does not apply during peri- For mercury continuous automated ods of startup or shutdown. Use the sampling systems, you must use Per- measured carbon monoxide concentra- formance Specification 12B of appendix tion without correcting for oxygen con- B of part 75 and Procedure 5 of appen- centration in averaging with other car- dix F of this part. bon monoxide concentrations (cor- (4) Except as provided in paragraph rected to 7 percent oxygen) to deter- (e) of this section, you must complete mine the 24-hour average value. your initial performance evaluations (ii) You may substitute the use of a required under your monitoring plan continuous automated sampling sys- for any continuous emissions moni- tem for mercury or dioxins/furans in toring systems and continuous auto- lieu of conducting the annual mercury mated sampling systems by your final or dioxin/furan performance test in compliance date (see Table 1 to this paragraph (a) of this section. subpart). Your performance evaluation

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must be conducted using the proce- establishre-establish new operating dures and acceptance criteria specified limits using operating data recorded in § 60.5200(a)(3). during any performance tests or per- (c) To demonstrate initial compli- formance evaluations required in ance with the dioxins/furans toxic § 60.5205. You must follow the data equivalency emission limit in Table 2 measurement and recording fre- or 3 to this subpart, determine dioxins/ quencies and data averaging times furans toxic equivalency as follows: specified in Table 4 to this subpart or (1) Measure the concentration of each as established in § 60.5175, and you must dioxin/furan tetra- through follow the testing, monitoring, and octachlorinated-isomer emitted using calibration requirements specified in EPA Method 23 at 40 CFR part 60, ap- §§ 60.5220 and 60.5225 or established in pendix A–7. § 60.5175. You are not required to estab- (2) Multiply the concentration of lish operating limits for the operating each dioxin/furan (tetra- through octa- parameters listed in Table 4 to this chlorinated) isomer by its cor- subpart for a control device if you use responding toxic equivalency factor a continuous monitoring system to specified in Table 5 to this subpart. (3) demonstrate compliance with the emis- Sum the products calculated in accord- sion limits in Table 2 or 3 to this sub- ance with paragraph (c)(2) of this sec- part for the applicable pollutants, as tion to obtain the total concentration follows: of dioxins/furans emitted in terms of (1) For a scrubber designed to control toxic equivalency. emissions of hydrogen chloride or sul- (d) Submit an initial compliance refur dioxide, you are not required to es- port, as specified in § 60.5235(b). tablish an operating limit and monitor (e) If you demonstrate initial compli- scrubber liquid flow rate or scrubber ance using the performance test speci- liquid pH if you use the continuous fied in paragraph (a) of this section, monitoring system specified in then the provisions of this paragraph §§ 60.4865(b) and 60.4885(b) to dem- (e) apply. If a force majeure is about to onstrate compliance with the emission occur, occurs, or has occurred for limit for hydrogen chloride or sulfur which you intend to assert a claim of dioxide. force majeure, you must notify the Ad- (2) For a scrubber designed to control ministrator in writing as specified in emissions of particulate matter, cad- § 60.5235(g). You must conduct the ini- mium, and lead, you are not required tial performance test as soon as prac- to establish an operating limit and ticable after the force majeure occurs. monitor pressure drop across the scrub- The Administrator will determine ber or scrubber liquid flow rate if you whether or not to grant the extension use the continuous monitoring system to the initial performance test dead- specified in §§ 60.4865(b) and 60.4885(b) to line, and will notify you in writing of demonstrate compliance with the emis- approval or disapproval of the request sion limit for particulate matter, cad- for an extension as soon as practicable. mium, and lead. Until an extension of the performance (3) For an electrostatic precipitator test deadline has been approved by the designed to control emissions of partic- Administrator, you remain strictly ulate matter, cadmium, and lead, you subject to the requirements of this sub- are not required to establish an oper- part. ating limit and monitor secondary voltage of the collection plates, sec- § 60.5190 How do I establish my oper- ondary amperage of the collection ating limits? plates, or effluent water flow rate at (a) You must establish the site-spe- the outlet of the electrostatic precipi- cific operating limits specified in para- tator if you use the continuous moni- graphs (b) through (h) of this section or toring system specified in §§ 60.4865(b) established in § 60.5175, as applicable, and 60.4885(b) to demonstrate compli- during your initial performance tests ance with the emission limit for partic- required in § 60.5185. You must meet the ulate matter, lead, and cadmium. requirements in § 60.5210(d) to confirm (4) For an activated carbon injection these operating limits or re- system designed to control emissions

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of mercury, you are not required to es- ondary electric power measured during tablish an operating limit and monitor the most recent performance test dem- sorbent injection rate and carrier gas onstrating compliance with the partic- flow rate (or carrier gas pressure drop) ulate matter, lead, and cadmium emis- if you use the continuous monitoring sion limits. Power input must be cal- system specified in §§ 60.4865(b) and culated as the product of the secondary 60.4885(b) to demonstrate compliance voltage and secondary amperage to the with the emission limit for mercury. electrostatic precipitator collection (5) For an activated carbon injection plates. Both the secondary voltage and system designed to control emissions secondary amperage must be recorded of dioxins/furans, you are not required to establish an operating limit and during the performance test. (g) Min- monitor sorbent injection rate and car- imum effluent water flow rate at the rier gas flow rate (or carrier gas pres- outlet of the electrostatic precipitator, sure drop) if you use the continuous equal to the lowest 4-hour average ef- monitoring system specified in fluent water flow rate at the outlet of §§ 60.4865(b) and 60.4885(b) to dem- the electrostatic precipitator measured onstrate compliance with the emission during the most recent performance limit for dioxins/furans (total mass test demonstrating compliance with basis or toxic equivalency basis). the particulate matter, lead, and cad- (b) Minimum pressure drop across mium emission limits. (h) For acti- each wet scrubber used to meet the vated carbon injection, establish the particulate matter, lead, and cadmium site-specific operating limits specified emission limits in Table 2 or 3 to this in paragraphs (h)(1) through (h)(3) of subpart, equal to the lowest 4-hour av- this section. erage pressure drop across each such (1) Minimum mercury sorbent injec- wet scrubber measured during the most tion rate, equal to the lowest 4-hour recent performance test demonstrating average mercury sorbent injection rate compliance with the particulate matter, lead, and cadmium emission lim- measured during the most recent per- its. formance test demonstrating compli- (c) Minimum scrubber liquid flow ance with the mercury emission limit. rate (measured at the inlet to each wet (2) Minimum dioxin/furan sorbent in- scrubber), equal to the lowest 4-hour jection rate, equal to the lowest 4-hour average liquid flow rate measured dur- average dioxin/furan sorbent injection ing the most recent performance test rate measured during the most recent demonstrating compliance with all ap- performance test demonstrating com- plicable emission limits. (d) Minimum pliance with the dioxin/furan (total scrubber liquid pH for each wet scrub- mass basis or toxic equivalency basis) ber used to meet the sulfur dioxide or emission limit. hydrogen chloride emission limits in (3) Minimum carrier gas flow rate or Table 2 or 3 to this subpart, equal to minimum carrier gas pressure drop, as the lowest 1-hour average scrubber liq- follows: uid pH measured during the most re- (i) Minimum carrier gas flow rate, cent performance test demonstrating compliance with the sulfur dioxide and equal to the lowest 4-hour average car- hydrogen chloride emission limits. rier gas flow rate measured during the (e) Minimum combustion chamber most recent performance test dem- operating temperature (or minimum onstrating compliance with the appli- afterburner temperature), equal to the cable emission limit. lowest 4-hour average combustion (ii) Minimum carrier gas pressure chamber operating temperature (or drop, equal to the lowest 4-hour aver- afterburner temperature) measured age carrier gas flow rate measured dur- during the most recent performance ing the most recent performance test test demonstrating compliance with all demonstrating compliance with the ap- applicable emission limits. plicable emission limit. (f) Minimum power input to the electrostatic precipitator collection plates, equal to the lowest 4-hour average sec-

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§ 60.5195 By what date must I conduct specified in paragraphs (a)(1) through the initial air pollution control de- (a)(8) of this section. You must operate vice inspection and make any nec- and maintain the continuous moni- essary repairs? toring system in continuous operation (a) You must conduct an air pollu- according to the site-specific moni- tion control device inspection accord- toring plan. ing to § 60.5220(c) by the final compli- (1) Installation of the continuous ance date under the approved state monitoring system sampling probe or plan, Federal plan, or delegation, as ap- other interface at a measurement loca- plicable. For air pollution control de- tion relative to each affected process vices installed after the final compli- unit such that the measurement is rep- ance date, you must conduct the air resentative of control of the exhaust pollution control device inspection emissions (e.g., on or downstream of within 60 days after installation of the the last control device). control device. (2) Performance and equipment speci- (b) Within 10 operating days fol- fications for the sample interface, the lowing the air pollution control device pollutant concentration or parametric inspection under paragraph (a) of this signal analyzer and the data collection section, all necessary repairs must be and reduction systems. completed unless you obtain written (3) Performance evaluation proce- approval from the Administrator estab- dures and acceptance criteria (e.g., lishing a date whereby all necessary re- calibrations). pairs of the SSI unit must be com- (i) For continuous emissions moni- pleted. toring systems, your performance evaluation and acceptance criteria must in- § 60.5200 How do I develop a site-spe- clude, but is not limited to, the fol- cific monitoring plan for my continuous monitoring, bag leak detec- lowing: tion, and ash handling systems, and (A) The applicable requirements for by what date must I conduct an ini- continuous emissions monitoring sys- tial performance evaluation? tems specified in § 60.13. You must develop and submit to the (B) The applicable performance speci- Administrator for approval a site-spe- fications (e.g., relative accuracy tests) cific monitoring plan for each contin- in appendix B of this part. uous monitoring system required under (C) The applicable procedures (e.g., this subpart, according to the require- quarterly accuracy determinations and ments in paragraphs (a) through (c) of daily calibration drift tests) in appen- this section. This requirement also ap- dix F of this part. plies to you if you petition the Admin- (D) A discussion of how the occur- istrator for alternative monitoring pa- rence and duration of out-of-control pe- rameters under § 60.13(i) and paragraph riods will affect the suitability of (e) of this section. If you use a contin- CEMS data, where out-of-control has uous automated sampling system to the meaning given in section (a)(7)(i) of comply with the mercury or dioxin/ this section. furan (total mass basis or toxic equiva- (ii) For continuous parameter moni- lency basis) emission limits, you must toring systems, your performance eval- develop your monitoring plan as speci- uation and acceptance criteria must in- fied in § 60.58b(q), and you are not re- clude, but is not limited to, the fol- quired to meet the requirements in lowing: paragraphs (a) and (b) of this section. (A) If you have an operating limit You must also submit a site-specific that requires the use of a flow moni- monitoring plan for your ash handling toring system, you must meet the re- system, as specified in paragraph (d) of quirements in paragraphs this section. You must submit and up- (a)(3)(ii)(A)(1) through (4) of this sec- date your monitoring plans as specified tion. in paragraphs (f) through (h) of this (1) Install the flow sensor and other section. necessary equipment in a position that (a) For each continuous monitoring provides a representative flow. system, your monitoring plan must ad- (2) Use a flow sensor with a measure- dress the elements and requirements ment sensitivity of no greater than 2

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percent of the expected process flow (1) Install the pH sensor in a position rate. that provides a representative meas- (3) Minimize the effects of swirling urement of scrubber effluent pH. flow or abnormal velocity distributions (2) Ensure the sample is properly due to upstream and downstream dis- mixed and representative of the fluid turbances. to be measured. (4) Conduct a flow monitoring system (3) Conduct a performance evaluation performance evaluation in accordance of the pH monitoring system in accord- with your monitoring plan at the time ance with your monitoring plan at of each performance test but no less least once each process operating day. frequently than annually. (4) Conduct a performance evaluation (B) If you have an operating limit (including a two-point calibration with that requires the use of a pressure one of the two buffer solutions having monitoring system, you must meet the a pH within 1 of the operating limit pH requirements in paragraphs level) of the pH monitoring system in (a)(3)(ii)(B)(1) through (6) of this sec- accordance with your monitoring plan tion. at the time of each performance test (1) Install the pressure sensor(s) in a but no less frequently than quarterly. position that provides a representative (D) If you have an operating limit measurement of the pressure (e.g., par- that requires the use of a temperature ticulate matter scrubber pressure measurement device, you must meet drop). the requirements in paragraphs (2) Minimize or eliminate pulsating (a)(3)(ii)(D)(1) through (4) of this sec- pressure, vibration, and internal and tion. external corrosion. (1) Install the temperature sensor (3) Use a pressure sensor with a min- and other necessary equipment in a po- imum tolerance of 1.27 centimeters of sition that provides a representative water or a minimum tolerance of 1 per- temperature. cent of the pressure monitoring system (2) Use a temperature sensor with a operating range, whichever is less. minimum tolerance of 2.8 degrees Cel- (4) Perform checks at least once each sius (5 degrees Fahrenheit), or 1.0 per- process operating day to ensure pres- cent of the temperature value, which- sure measurements are not obstructed ever is larger, for a noncryogenic tem- (e.g., check for pressure tap pluggage perature range. daily). (3) Use a temperature sensor with a (5) Conduct a performance evaluation minimum tolerance of 2.8 degrees Cel- of the pressure monitoring system in sius (5 degrees Fahrenheit), or 2.5 per- accordance with your monitoring plan cent of the temperature value, which- at the time of each performance test ever is larger, for a cryogenic tempera- but no less frequently than annually. ture range. (6) If at any time the measured pres- (4) Conduct a temperature measure- sure exceeds the manufacturer’s speci- ment device performance evaluation at fied maximum operating pressure range, conduct a performance evalua- the time of each performance test but tion of the pressure monitoring system no less frequently than annually. in accordance with your monitoring (E) If you have an operating limit plan and confirm that the pressure that requires a secondary electric monitoring system continues to meet power monitoring system for an elec- the performance requirements in your trostatic precipitator, you must meet monitoring plan. Alternatively, install the requirements in paragraphs and verify the operation of a new pres- (a)(3)(ii)(E)(1) and (2) of this section. sure sensor. (1) Install sensors to measure (sec- (C) If you have an operating limit ondary) voltage and current to the that requires a pH monitoring system, electrostatic precipitator collection you must meet the requirements in plates. paragraphs (a)(3)(ii)(C)(1) through (4) of this section.

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(2) Conduct a performance evaluation tive action and conduct retesting until of the electric power monitoring sys- the performance requirements are tem in accordance with your moni- below the applicable limits. The begin- toring plan at the time of each per- ning of the out-of-control period is the formance test but no less frequently hour you conduct a performance check than annually. (e.g., calibration drift) that indicates (F) If you have an operating limit an exceedance of the performance re- that requires the use of a monitoring quirements established under this part. system to measure sorbent injection The end of the out-of-control period is rate (e.g., weigh belt, weigh hopper, or the hour following the completion of hopper flow measurement device), you corrective action and successful dem- must meet the requirements in para- onstration that the system is within graphs (a)(3)(ii)(F)(1) and (2) of this sec- the allowable limits. tion. (8) Schedule for conducting initial (1) Install the system in a position(s) and periodic performance evaluations that provides a representative meas- of your continuous monitoring sys- urement of the total sorbent injection tems. rate. (b) If a bag leak detection system is (2) Conduct a performance evaluation used, your monitoring plan must in- of the sorbent injection rate moni- clude a description of the following toring system in accordance with your items: monitoring plan at the time of each (1) Installation of the bag leak detec- performance test but no less frequently tion system in accordance with para- than annually. graphs (b)(1)(i) and (ii) of this section. (4) Ongoing operation and mainte- (i) Install the bag leak detection sen- nance procedures in accordance with sor(s) in a position(s) that will be rep- the general requirements of § 60.11(d). resentative of the relative or absolute (5) Ongoing data quality assurance particulate matter loadings for each procedures in accordance with the gen- exhaust stack, roof vent, or compart- eral requirements of § 60.13. ment (e.g., for a positive pressure fabric (6) Ongoing recordkeeping and re- filter) of the fabric filter. porting procedures in accordance with (ii) Use a bag leak detection system the general requirements of § 60.7(b), certified by the manufacturer to be ca- (c), (c)(1), (c)(4), (d), (e), (f) and (g). pable of detecting particulate matter (7) Provisions for periods when the emissions at concentrations of 10 milli- continuous monitoring system is out of grams per actual cubic meter or less. control, as follows: (2) Initial and periodic adjustment of (i) A continuous monitoring system the bag leak detection system, includ- is out of control if the conditions of ing how the alarm set-point will be es- paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of tablished. Use a bag leak detection sys- this section are met. tem equipped with a system that will (A) The zero (low-level), mid-level (if sound an alarm when the system de- applicable), or high-level calibration tects an increase in relative particu- drift exceeds two times the applicable late matter emissions over a preset calibration drift specification in the level. The alarm must be located where applicable performance specification or it is observed readily and any alert is in the relevant standard. detected and recognized easily by plant (B) The continuous monitoring sys- operating personnel. tem fails a performance test audit (e.g., (3) Evaluations of the performance of cylinder gas audit), relative accuracy the bag leak detection system, per- audit, relative accuracy test audit, or formed in accordance with your moni- linearity test audit. toring plan and consistent with the (ii) When the continuous monitoring guidance provided in Fabric Filter Bag system is out of control as specified in Leak Detection Guidance, EPA–454/R– paragraph (a)(7)(i) of this section, you 98–015, September 1997 (incorporated by must take the necessary corrective ac- reference, see § 60.17). tion and must repeat all necessary (4) Operation of the bag leak detec- tests that indicate that the system is tion system, including quality assur- out of control. You must take correc- ance procedures.

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(5) Maintenance of the bag leak de- nomic infeasibility, or the imprac- tection system, including a routine ticality of using the required approach. maintenance schedule and spare parts (ii) A description of the proposed al- inventory list. ternative monitoring requirement, in- (6) Recordkeeping (including record cluding the operating parameter to be retention) of the bag leak detection monitored, the monitoring approach system data. Use a bag leak detection and technique, the averaging period for system equipped with a device to con- the limit, and how the limit is to be tinuously record the output signal calculated. from the sensor. (c) You must conduct (iii) Data or information docu- an initial performance evaluation of menting that the alternative moni- each continuous monitoring system toring requirement would provide and bag leak detection system, as ap- equivalent or better assurance of com- plicable, in accordance with your mon- pliance with the relevant emission itoring plan and to § 60.13(c). For the standard. purpose of this subpart, the provisions (4) The Administrator will notify you of § 60.13(c) also apply to the bag leak of the approval or denial of the applica- detection system. You must conduct tion within 90 calendar days after re- the initial performance evaluation of ceipt of the original request, or within each continuous monitoring system 60 calendar days of the receipt of any within 60 days of installation of the supplementary information, whichever monitoring system is later. The Administrator will not ap- (d) You must submit a monitoring prove an alternate monitoring applica- plan specifying the ash handling sys- tion unless it would provide equivalent tem operating procedures that you will or better assurance of compliance with follow to ensure that you meet the fu- the relevant emission standard. Before gitive emissions limit specified in disapproving any alternate monitoring application, the Administrator will Table 2 or 3 to this subpart. provide the following: (e) You may submit an application to (i) Notice of the information and the Administrator for approval of al- findings upon which the intended dis- ternate monitoring requirements to approval is based. demonstrate compliance with the (ii) Notice of opportunity for you to standards of this subpart, subject to present additional supporting informa- the provisions of paragraphs (e)(1) tion before final action is taken on the through (e)(6) of this section. application. This notice will specify (1) The Administrator will not ap- how much additional time is allowed prove averaging periods other than for you to provide additional sup- those specified in this section, unless porting information. you document, using data or informa- (5) You are responsible for submit- tion, that the longer averaging period ting any supporting information in a will ensure that emissions do not ex- timely manner to enable the Adminis- ceed levels achieved over the duration trator to consider the application prior of three performance test runs. to the performance test. Neither sub- (2) If the application to use an alter- mittal of an application, nor the Ad- nate monitoring requirement is ap- ministrator’s failure to approve or dis- proved, you must continue to use the approve the application relieves you of original monitoring requirement until the responsibility to comply with any approval is received to use another provision of this subpart. monitoring requirement. (6) The Administrator may decide at (3) You must submit the application any time, on a case-by-case basis, that for approval of alternate monitoring additional or alternative operating requirements no later than the notifi- limits, or alternative approaches to es- cation of performance test. The appli- tablishing operating limits, are nec- cation must contain the information essary to demonstrate compliance with specified in paragraphs (e)(3)(i) through the emission standards of this subpart. (e)(3)(iii) of this section: (f) You must submit your monitoring (i) Data or information justifying the plans required in paragraphs (a) and (b) request, such as the technical or eco- of this section at least 60 days before

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your initial performance evaluation of specified in Table 2 or 3 to this subpart your continuous monitoring system(s). and according to the testing, moni- (g) You must submit your monitoring toring, and calibration requirements plan for your ash handling system, as specified in § 60.5220(a). required in paragraph (d) of this sec- (1) You may conduct a repeat per- tion, at least 60 days before your initial formance test at any time to establish compliance test date. new values for the operating limits to (h) You must update and resubmit apply from that point forward. The Ad- your monitoring plan if there are any ministrator may request a repeat per- changes or potential changes in your formance test at any time. monitoring procedures or if there is a (2) You must repeat the performance process change, as defined in § 60.5250. test within 60 days of a process change, as defined in § 60.5250. MODEL RULE—CONTINUOUS COMPLIANCE (3) Except as specified in paragraphs REQUIREMENTS (a)(1) and (2) of this section, you can § 60.5205 How and when do I dem- conduct performance tests less often onstrate continuous compliance for a given pollutant, as specified in with the emission limits and stand- paragraphs (a)(3)(i) through (iii) of this ards? section. To demonstrate continuous compli- (i) You can conduct performance ance with the emission limits and tests less often if your performance standards specified in Table 2 or 3 to tests for the pollutant for at least 2 this subpart, use the procedures speci- consecutive years show that your emis- fied in paragraph (a) of this section. In sions are at or below 75 percent of the lieu of using the procedures specified in emission limit specified in Table 2 or 3 paragraph (a) of this section, you have to this subpart, and there are no the option to demonstrate initial com- changes in the operation of the affected pliance using the procedures specified source or air pollution control equip- in paragraph (b) of this section for par- ment that could increase emissions. In ticulate matter, hydrogen chloride, this case, you do not have to conduct a carbon monoxide, dioxins/furans (total performance test for that pollutant for mass basis or toxic equivalency basis), the next 2 years. You must conduct a mercury, nitrogen oxides, sulfur diox- performance test during the third year ide, cadmium, lead, and fugitive emis- and no more than 37 months after the sions from ash handling. You must previous performance test.(ii) If your meet the requirements of paragraphs SSI unit continues to meet the emis- (a) and (b) of this section, as applica- sion limit for the pollutant, you may ble, and paragraphs (c) through (e) of choose to conduct performance tests this section, according to the perform- for the pollutant every third year if ance testing, monitoring, and calibra- your emissions are at or below 75 per- tion requirements in § 60.5220(a) and (b). cent of the emission limit, and if there You may also petition the Adminis- are no changes in the operation of the trator for alternative monitoring pa- affected source or air pollution control rameters as specified in paragraph (f) equipment that could increase emis- of this section. sions, but each such performance test (a) Demonstrate continuous compli- must be conducted no more than 37 ance using a performance test. Except months after the previous performance as provided in paragraphs (a)(3) and (e) test. of this section, following the date that (iii) If a performance test shows the initial performance test for each emissions exceeded 75 percent of the pollutant in Table 2 or 3 to this subpart emission limit for a pollutant, you is completed, you must conduct a per- must conduct annual performance tests formance test for each such pollutant for that pollutant until all perform- on an annual basis (between 11 and 13 ance tests over 2 consecutive years calendar months following the previous show compliance. performance test). The performance (b) Demonstrate continuous compli- test must be conducted using the test ance using a continuous emissions methods, averaging methods, and min- monitoring system or continuous auto- imum sampling volumes or durations mated sampling system. The option to

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use a continuous emissions monitoring § 60.5220(b). You must measure emis- system for hydrogen chloride, dioxins/ sions according to § 60.13 to calculate 1- furans, cadmium, or lead takes effect hour arithmetic averages, corrected to on the date a final performance speci- 7 percent oxygen (or carbon dioxide). fication applicable to hydrogen chlo- You must demonstrate initial compli- ride, dioxins/furans, cadmium, or lead ance using a 24-hour block average of is published in the FEDERAL REGISTER. these 1-hour arithmetic average emis- The option to use a continuous auto- sion concentrations, calculated using mated sampling system for dioxins/ Equation 19–19 in section 12.4.1 of furans takes effect on the date a final Method 19 of 40 CFR part 60, appendix performance specification for such a A–7. continuous automated sampling sys- (3) If you use a continuous automated tem is published in the FEDERAL REG- sampling system to demonstrate com- ISTER. Collect data as specified in pliance with an applicable emission § 60.5220(b)(6) and use the following pro- limit in paragraph (b)(1) of this section, cedures: you must: (1) To demonstrate continuous com- (i) Use the continuous automated pliance with the emission limits for sampling system specified in § 60.58b(p) particulate matter, hydrogen chloride, and (q), and measure and calculate av- carbon monoxide, dioxins/furans (total erage emissions corrected to 7 percent mass basis or toxic equivalency basis), oxygen (or carbon dioxide) according to mercury, nitrogen oxides, sulfur diox- § 60.58b(p) and your monitoring plan. ide, cadmium, and lead, you may sub- (A) Use the procedures specified in stitute the use of a continuous moni- § 60.58b(p) to calculate 24-hour averages toring system in lieu of conducting the to determine compliance with the mer- annual performance test required in cury emission limit in Table 2 to this paragraph (a) of this section, as fol- subpart. lows: (i) You may substitute the use of a (B) Use the procedures specified in continuous emissions monitoring sys- § 60.58b(p) to calculate 2-week averages tem for any pollutant specified in para- to determine compliance with the graph (b)(1) of this section in lieu of dioxin/furan (total mass basis or toxic conducting the annual performance equivalency basis) emission limits in test for that pollutant in paragraph (a) Table 2 to this subpart. of this section. For determining com- (ii) Update your monitoring plan as pliance with the carbon monoxide con- specified in § 60.4880(e). For mercury centration limit using carbon mon- continuous automated sampling sys- oxide CEMS, the correction to 7 per- tems, you must use Performance Speci- cent oxygen does not apply during peri- fication 12B of appendix B of part 75 ods of startup or shutdown. Use the and Procedure 5 of appendix F of this measured carbon monoxide concentra- part. tion without correcting for oxygen con- (4) Except as provided in paragraph centration in averaging with other car- (e) of this section, you must complete bon monoxide concentrations (cor- your periodic performance evaluations rected to 7 percent oxygen) to deter- required in your monitoring plan for mine the 24-hour average value. any continuous emissions monitoring (ii) You may substitute the use of a systems and continuous automated continuous automated sampling sys- sampling systems, according to the tem for mercury or dioxins/furans in schedule specified in your monitoring lieu of conducting the annual mercury plan. If you were previously deter- or dioxin/furan performance test in mining compliance by conducting an paragraph (a) of this section. annual performance test (or according (2) If you use a continuous emissions to the less frequent testing for a pol- monitoring system to demonstrate lutant as provided in paragraph (a)(3) compliance with an applicable emis- of this section), you must complete the sion limit in paragraph (b)(1) of this initial performance evaluation re- section, you must use the continuous quired under your monitoring plan in emissions monitoring system and fol- § 60.5200 for the continuous monitoring low the requirements specified in system prior to using the continuous

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emissions monitoring system to dem- (f) After any initial requests in onstrate compliance or continuous § 60.5200 for alternative monitoring re- automated sampling system. Your per- quirements for initial compliance, you formance evaluation must be con- may subsequently petition the Admin- ducted using the procedures and ac- istrator for alternative monitoring pa- ceptance criteria specified in rameters as specified in §§ 60.13(i) and § 60.5200(a)(3). 60.5200(e). (c) To demonstrate compliance with the dioxins/furans toxic equivalency § 60.5210 How do I demonstrate con- emission limit in paragraph (a) or (b) tinuous compliance with my oper- of this section, you must determine ating limits? dioxins/furans toxic equivalency as fol- You must continuously monitor your lows: operating parameters as specified in (1) Measure the concentration of each paragraph (a) of this section and meet dioxin/furan tetra- through the requirements of paragraphs (b) and octachlorinated-isomer emitted using (c) of this section, according to the Method 23 at 40 CFR part 60, appendix monitoring and calibration require- A–7. ments in § 60.5225. You must confirm (2) For each dioxin/furan (tetra- and re-establish your operating limits through octachlorinated) isomer meas- as specified in paragraph (d) of this secured in accordance with paragraph tion. (c)(1) of this section, multiply the iso- (a) You must continuously monitor mer concentration by its corresponding the operating parameters specified in toxic equivalency factor specified in paragraphs (a)(1) and (a)(2) of this sec- Table 5 to this subpart. tion using the continuous monitoring (3) Sum the products calculated in equipment and according to the proce- accordance with paragraph (c)(2) of this dures specified in § 60.5225 or estab- section to obtain the total concentra- lished in § 60.5175. To determine compli- tion of dioxins/furans emitted in terms ance, you must use the data averaging of toxic equivalency. period specified in Table 4 to this sub- (d) You must submit an annual compart (except for alarm time of the pliance report as specified in baghouse leak detection system) unless § 60.5235(c). You must submit a devi- a different averaging period is estab- ation report as specified in § 60.5235(d) lished under § 60.5175. for each instance that you did not meet each emission limit in Table 2 to this (1) You must demonstrate that the subpart. SSI unit meets the operating limits es- (e) If you demonstrate continuous tablished according to §§ 60.5175 and compliance using a performance test, 60.5190 and paragraph (d) of this section as specified in paragraph (a) of this sec- for each applicable operating param- tion, then the provisions of this para- eter. graph (e) apply. If a force majeure is (2) You must demonstrate that the about to occur, occurs, or has occurred SSI unit meets the operating limit for for which you intend to assert a claim bag leak detection systems as follows: of force majeure, you must notify the (i) For a bag leak detection system, Administrator in writing as specified you must calculate the alarm time as in § 60.5235(g). You must conduct the follows: performance test as soon as practicable (A) If inspection of the fabric filter after the force majeure occurs. The Ad- demonstrates that no corrective action ministrator will determine whether or is required, no alarm time is counted. not to grant the extension to the per- (B) If corrective action is required, formance test deadline, and will notify each alarm time shall be counted as a you in writing of approval or dis- minimum of 1 hour. approval of the request for an exten- (C) If you take longer than 1 hour to sion as soon as practicable. Until an initiate corrective action, each alarm extension of the performance test dead- time (i.e., time that the alarm sounds) line has been approved by the Adminis- is counted as the actual amount of trator, you remain strictly subject to time taken by you to initiate correc- the requirements of this subpart. tive action.

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(ii) Your maximum alarm time is approval from the Administrator estab- equal to 5 percent of the operating lishing a date whereby all necessary re- time during a 6-month period, as speci- pairs of the affected SSI unit must be fied in § 60.5170(c). completed. (b) Operation above the established maximum, below the established min- MODEL RULE—PERFORMANCE TESTING, imum, or outside the allowable range MONITORING, AND CALIBRATION RE- of the operating limits specified in QUIREMENTS paragraph (a) of this section con- § 60.5220 What are the performance stitutes a deviation from your oper- testing, monitoring, and calibration ating limits established under this sub- requirements for compliance with part, except during performance tests the emission limits and standards? conducted to determine compliance You must meet, as applicable, the with the emission and operating limits performance testing requirements or to establish new operating limits. specified in paragraph (a) of this sec- You must submit the deviation report tion, the monitoring requirements specified in § 60.5235(d) for each in- specified in paragraph (b) of this sec- stance that you did not meet one of tion, the air pollution control device your operating limits established under inspections requirements specified in this subpart. paragraph (c) of this section, and the (c) You must submit the annual com- bypass stack provisions specified in pliance report specified in § 60.5235(c) to paragraph (d) of this section. demonstrate continuous compliance. (a) Performance testing requirements. (d) You must confirm your operating (1) All performance tests must consist limits according to paragraph (d)(1) of of a minimum of three test runs con- this section or re-establish operating ducted under conditions representative limits according to paragraph (d)(2) of of normal operations, as specified in this section. Your operating limits § 60.8(c). Emissions in excess of the must be established so as to assure on- emission limits or standards during pe- going compliance with the emission riods of startup, shutdown, and mal- limits. These requirements also apply function are considered deviations to your operating requirements in your from the applicable emission limits or fugitive emissions monitoring plan standards. specified in § 60.5170(d). (2) You must document that the dry (1) Your operating limits must be sludge burned during the performance based on operating data recorded dur- test is representative of the sludge ing any performance test required in burned under normal operating condi- § 60.5205(a) or any performance evaluations by: tion required in § 60.5205(b)(4). (i) Maintaining a log of the quantity (2) You may conduct a repeat per- of sewage sludge burned during the performance test at any time to establish formance test by continuously moni- new values for the operating limits to toring and recording the average hour- apply from that point forward. ly rate that sewage sludge is fed to the incinerator. § 60.5215 By what date must I conduct (ii) Maintaining a log of the moisture annual air pollution control device content of the sewage sludge burned inspections and make any nec- during the performance test by taking essary repairs? grab samples of the sewage sludge fed (a) You must conduct an annual in- to the incinerator for each 8 hour pe- spection of each air pollution control riod that testing is conducted. device used to comply with the emis- (3) All performance tests must be sion limits, according to § 60.5220(c), no conducted using the test methods, min- later than 12 months following the pre- imum sampling volume, observation vious annual air pollution control de- period, and averaging method specified vice inspection. in Table 2 or 3 to this subpart. (b) Within 10 operating days fol- (4) Method 1 at 40 CFR part 60, appen- lowing an air pollution control device dix A must be used to select the sam- inspection, all necessary repairs must pling location and number of traverse be completed unless you obtain written points.

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(5) Method 3A or 3B at 40 CFR part 60, 2 must be used simultaneously with appendix A–2 must be used for gas com- each method. position analysis, including measure- (6) All pollutant concentrations must ment of oxygen concentration. Method be adjusted to 7 percent oxygen using 3A or 3B at 40 CFR part 60, appendix A– Equation 1 of this section:

Where: must notify the Administrator as soon

Cadj = Pollutant concentration adjusted to 7 as possible of any delay in the original percent oxygen. test date, either by providing at least 7 Cmeas = Pollutant concentration measured on days prior notice of the rescheduled a dry basis. date of the performance test, or by ar- (20.9 ¥ 7) = 20.9 percent oxygen ¥ 7 percent oxygen (defined oxygen correction basis). ranging a rescheduled date with the 20.9 = Oxygen concentration in air, percent. Administrator by mutual agreement. %O2 = Oxygen concentration measured on a (9) You must provide, or cause to be dry basis, percent. provided, performance testing facilities (7) Performance tests must be con- as follows: ducted and data reduced in accordance (i) Sampling ports adequate for the with the test methods and procedures test methods applicable to the SSI contained in this subpart unless the unit, as follows: Administrator does one of the fol- (A) Constructing the air pollution lowing. control system such that volumetric (i) Specifies or approves, in specific flow rates and pollutant emission rates cases, the use of a method with minor can be accurately determined by appli- changes in methodology. cable test methods and procedures. (ii) Approves the use of an equivalent (B) Providing a stack or duct free of method. cyclonic flow during performance tests, (iii) Approves the use of an alter- as demonstrated by applicable test native method the results of which he methods and procedures. has determined to be adequate for indi- (ii) Safe sampling platform(s). cating whether a specific source is in (iii) Safe access to sampling plat- compliance. form(s). (iv) Waives the requirement for per- (iv) Utilities for sampling and testing formance tests because you have dem- equipment. onstrated by other means to the Ad- (10) Unless otherwise specified in this ministrator’s satisfaction that the af- subpart, each performance test must fected SSI unit is in compliance with consist of three separate runs using the the standard. applicable test method. Each run must (v) Approves shorter sampling times be conducted for the time and under and smaller sample volumes when ne- the conditions specified in the applica- cessitated by process variables or other ble standard. Compliance with each factors. Nothing in this paragraph is emission limit must be determined by construed to abrogate the Administra- calculating the arithmetic mean of the tor’s authority to require testing under three runs. In the event that a sample section 114 of the Clean Air Act. is accidentally lost or conditions occur (8) You must provide the Adminis- in which one of the three runs must be trator at least 30 days prior notice of discontinued because of forced shut- any performance test, except as speci- down, failure of an irreplaceable por- fied under other subparts, to afford the tion of the sample train, extreme mete- Administrator the opportunity to have orological conditions, or other cir- an observer present. If after 30 days no- cumstances, beyond your control, com- tice for an initially scheduled perform- pliance may, upon the Administrator’s ance test, there is a delay (due to oper- approval, be determined using the ational problems, etc.) in conducting arithmetic mean of the results of the the scheduled performance test, you two other runs.

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(11) During each test run specified in (B) For hydrogen chloride, Perform- paragraph (a)(1) of this section, you ance Specification 15 of appendix B of must operate your sewage sludge incin- this part. erator at a minimum of 85 percent of (C) For carbon monoxide, Perform- your maximum permitted capacity. ance Specification 4B of appendix B of (b) Continuous monitor requirements. this part with spans appropriate to the You must meet the following require- applicable emission limit. ments, as applicable, when using a con- (D) [Reserved] tinuous monitoring system to dem- (E) For mercury, Performance Speci- onstrate compliance with the emission fication 12A of appendix B of this part. limits in Table 2 or 3 to this subpart. (F) For nitrogen oxides, Performance The option to use a continuous emis- Specification 2 of appendix B of this sions monitoring system for hydrogen part. chloride, dioxins/furans, cadmium, or (G) For sulfur dioxide, Performance lead takes effect on the date a final Specification 2 of appendix B of this performance specification applicable to part. hydrogen chloride, dioxins/furans, cad- (iii) For continuous emissions moni- mium, or lead is published in the FED- toring systems, the quality assurance ERAL REGISTER. If you elect to use a procedures (e.g., quarterly accuracy de- continuous emissions monitoring sys- terminations and daily calibration tem instead of conducting annual per- drift tests) of appendix F of this part formance testing, you must meet the specified in paragraphs (b)(3)(iii)(A) requirements of paragraphs (b)(1) through (b)(3)(iii)(G) of this section. through (b)(6) of this section. If you For each pollutant, the span value of elect to use a continuous automated the continuous emissions monitoring sampling system instead of conducting system is two times the applicable annual performance testing, you must emission limit, expressed as a con- meet the requirements of paragraph centration. (b)(7) of this section. The option to use (A) For particulate matter, Proce- a continuous automated sampling sys- dure 2 in appendix F of this part. tem for dioxins/furans takes effect on (B) For hydrogen chloride, Procedure the date a final performance specifica- 1 in appendix F of this part except that tion for such a continuous automated the Relative Accuracy Test Audit re- sampling system is published in the quirements of Procedure 1 shall be re- FEDERAL REGISTER. placed with the validation require- (1) You must notify the Adminis- ments and criteria of sections 11.1.1 trator 1 month before starting use of and 12.0 of Performance Specification the continuous emissions monitoring 15 of appendix B of this part. system. (C) For carbon monoxide, Procedure 1 (2) You must notify the Adminis- in appendix F of this part. trator 1 month before stopping use of (D) [Reserved] the continuous emissions monitoring (E) For mercury, Procedures 5 in ap- system, in which case you must also pendix F of this part. conduct a performance test within (F) For nitrogen oxides, Procedure 1 prior to ceasing operation of the sys- in appendix F of this part. tem. (G) For sulfur dioxide, Procedure 1 in (3) You must install, operate, cali- appendix F of this part. brate, and maintain an instrument for (iv) If your monitoring system has a continuously measuring and recording malfunction or out-of-control period, the emissions to the atmosphere in ac- you must complete repairs and resume cordance with the following: operation of your monitoring system (i) Section 60.13 of subpart A of this as expeditiously as possible. part. (4) During each relative accuracy test (ii) The following performance speci- run of the continuous emissions moni- fications of appendix B of this part, as toring system using the performance applicable: specifications in paragraph (b)(3)(ii) of (A) For particulate matter, Perform- this section, emission data for each ance Specification 11 of appendix B of regulated pollutant and oxygen (or car- this part. bon dioxide as established in (b)(5) of

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this section) must be collected concur- (5) You may request that compliance rently (or within a 30- to 60-minute pe- with the emission limits be determined riod) by both the continuous emissions using carbon dioxide measurements monitoring systems and the test meth- corrected to an equivalent of 7 percent ods specified in paragraph (b)(4)(i) oxygen. If carbon dioxide is selected for through (b)(4)(viii) of this section. Rel- use in diluent corrections, the relation- ative accuracy testing must be at rep- ship between oxygen and carbon diox- resentative operating conditions while ide levels must be established during the SSI unit is charging sewage sludge. the initial performance test according (i) For particulate matter, Method 5 to the procedures and methods speci- at 40 CFR part 60, appendix A–3 or fied in paragraphs (b)(5)(i) through Method 26A or 29 at 40 CFR part 60, ap- (b)(5)(iv) of this section. This relation- pendix A–8 shall be used. ship may be re-established during sub- (ii) For hydrogen chloride, Method 26 sequent performance tests. or 26A at 40 CFR part 60, appendix A–8, (i) The fuel factor equation in Meth- shall be used, as specified in Tables 1 od 3B at 40 CFR part 60, appendix A–2 and 2 to this subpart. must be used to determine the rela- (iii) For carbon monoxide, Method 10, tionship between oxygen and carbon di- 10A, or 10B at 40 CFR part 60, appendix oxide at a sampling location. Method A–4, shall be used. 3A or 3B at 50 CFR part 60, appendix A– (iv) For dioxins/furans, Method 23 at 2, or as an alternative ANSI/ASME 40 CFR part 60, appendix A–7, shall be PTC 19.10–1981 (incorporated by ref- used. erence, see § 60.17), as applicable, must (v) For mercury, cadmium, and lead, be used to determine the oxygen con- Method 29 at 40 CFR part 60, appendix centration at the same location as the A–8, shall be used. Alternatively for carbon dioxide monitor. mercury, either Method 30B at 40 CFR (ii) Samples must be taken for at part 60, appendix A–8 or ASTM D6784–02 least 30 minutes in each hour. (Reapproved 2008) (incorporated by ref- (iii) Each sample must represent a 1- erence, see § 60.17), may be used. hour average. (vi) For nitrogen oxides, Method 7 or (iv) A minimum of three runs must 7E at 40 CFR part 60, appendix A–4, be performed. shall be used. (6) You must operate the continuous (vii) For sulfur dioxide, Method 6 or monitoring system and collect data 6C at 40 CFR part 60, appendix A–4, or with the continuous monitoring sys- as an alternative ANSI/ASME PTC tem as follows: 19.10–1981 (incorporated by reference, (i) You must collect data using the see § 60.17) must be used. For sources continuous monitoring system at all that have actual inlet emissions less times the affected SSI unit is oper- than 100 parts per million dry volume, ating and at the intervals specified in the relative accuracy criterion for the paragraph (b)(6)(ii) of this section, ex- inlet of the sulfur dioxide continuous cept for periods of monitoring system emissions monitoring system should be malfunctions that occur during periods no greater than 20 percent of the mean specified in § 60.5200(a)(7)(i), repairs as- value of the method test data in terms sociated with monitoring system mal- of the units of the emission standard, functions, and required monitoring sys- or 5 parts per million dry volume abso- tem quality assurance or quality con- lute value of the mean difference be- trol activities (including, as applicable, tween the method and the continuous calibration checks and required zero emissions monitoring system, which- and span adjustments). Any such peri- ever is greater. ods that you do not collect data using (viii) For oxygen (or carbon dioxide the continuous monitoring system con- as established in (b)(5) of this section), stitute a deviation from the moni- Method 3A or 3B at 40 CFR part 60, ap- toring requirements and must be re- pendix A–2, or as an alternative ANSI/ ported in a deviation report. ASME PTC 19.10–1981 (incorporated by (ii) You must collect continuous reference, see § 60.17), as applicable, emissions monitoring system data in must be used. accordance with § 60.13(e)(2).

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(iii) Any data collected during moni- stack. Use of the bypass stack at any toring system malfunctions, repairs as- time that sewage sludge is being sociated with monitoring system mal- charged to the SSI unit is an emissions functions, or required monitoring sys- standards deviation for all pollutants tem quality assurance or control ac- listed in Table 2 or 3 to this subpart. tivities must not be included in cal- The use of the bypass stack during a culations used to report emissions or performance test invalidates the per- operating levels. Any such periods formance test. must be reported in a deviation report. (iv) Any data collected during periods § 60.5225 What are the monitoring and when the monitoring system is out of calibration requirements for com- control as specified in § 60.4880(a)(7)(i), pliance with my operating limits? repairs associated with periods when (a) You must install, operate, cali- the monitoring system is out of con- brate, and maintain the continuous pa- trol, or required monitoring system rameter monitoring systems according quality assurance or control activities to the requirements in paragraphs conducted during out-of-control peri- (a)(1) and (2) of this section. ods must not be included in calcula- (1) Meet the following general re- tions used to report emissions or oper- quirements for flow, pressure, pH, and ating levels. Any such periods that do operating temperature measurement not coincide with a monitoring system devices: malfunction as defined in § 60.5250, con- (i) You must collect data using the stitute a deviation from the moni- continuous monitoring system at all toring requirements and must be re- times the affected SSI unit is oper- ported in a deviation report. ating and at the intervals specified in (v) You must use all the data col- paragraph (a)(1)(ii) of this section, ex- lected during all periods except those cept for periods of monitoring system periods specified in paragraphs malfunctions that occur during periods (b)(6)(iii) and (b)(6)(iv) of this section in specified defined in § 60.5200(a)(7)(i), re- assessing the operation of the control pairs associated with monitoring sys- device and associated control system. tem malfunctions, and required moni- (7) If you elect to use a continuous toring system quality assurance or automated sampling system instead of quality control activities (including, as conducting annual performance testing, you must: applicable, calibration checks and re- (i) Install, calibrate, maintain, and quired zero and span adjustments). Any operate a continuous automated sam- such periods that you do not collect pling system according to the site-spe- data using the continuous monitoring cific monitoring plan developed in system constitute a deviation from the § 60.58b(p)(1) through (p)(6), (p)(9), monitoring requirements and must be (p)(10), and (q). reported in a deviation report. (ii) Collect data according to (ii) You must collect continuous pa- § 60.58b(p)(5) and paragraph (b)(6) of this rameter monitoring system data in ac- section. cordance with § 60.13(e)(2). (c) Air pollution control device inspec- (iii) Any data collected during moni- tions. You must conduct air pollution toring system malfunctions, repairs as- control device inspections that include, sociated with monitoring system mal- at a minimum, the following: functions, or required monitoring sys- (1) Inspect air pollution control de- tem quality assurance or control ac- vice(s) for proper operation. tivities must not be included in cal- (2) Generally observe that the equip- culations used to report emissions or ment is maintained in good operating operating levels. Any such periods condition. must be reported in your annual devi- (3) Develop a site-specific monitoring ation report. plan according to the requirements in (iv) Any data collected during periods § 60.5200. This requirement also applies when the monitoring system is out of to you if you petition the EPA Admin- control as specified in § 60.5200(a)(7)(i) istrator for alternative monitoring pa- must not be included in calculations rameters under § 60.13(i). (d) Bypass used to report emissions or operating

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levels. Any such periods that do not co- may cause an increase in particulate incide with a monitoring system mal- matter emissions. function, as defined in § 60.5250, con- (ii) Sealing off defective bags or filter stitute a deviation from the moni- media. toring requirements and must be re- (iii) Replacing defective bags or filter ported in a deviation report. media or otherwise repairing the con- (v) You must use all the data col- trol device. lected during all periods except those (iv) Sealing off a defective fabric fil- periods specified in paragraphs ter compartment. (a)(1)(iii) and (a)(1)(iv) of this section in (v) Cleaning the bag leak detection assessing the operation of the control system probe or otherwise repairing device and associated control system. the bag leak detection system. (vi) Record the results of each inspec- (vi) Shutting down the process pro- tion, calibration, and validation check. ducing the particulate matter emis- (2) Operate and maintain your con- sions. tinuous monitoring system according (c) You must operate and maintain to your monitoring plan required under the continuous parameter monitoring § 60.4880. Additionally: systems specified in paragraphs (a) and (i) For carrier gas flow rate monitors (b) of this section in continuous oper- (for activated carbon injection), during ation according to your monitoring the performance test conducted pursu- plan required under § 60.4880. ant to § 60.4885, you must demonstrate (d) If your SSI unit has a bypass that the system is maintained within stack, you must install, calibrate (to ±5 percent accuracy, according to the manufacturers’ specifications), main- procedures in appendix A to part 75 of tain, and operate a device or method this chapter. for measuring the use of the bypass stack including date, time, and dura- (ii) For carrier gas pressure drop tion. monitors (for activated carbon injection), during the performance test con- MODEL RULE—RECORDKEEPING AND ducted pursuant to § 60.4885, you must REPORTING demonstrate that the system is maintained within ±5 percent accuracy. § 60.5230 What records must I keep? (b) You must operate and maintain You must maintain the items (as ap- your bag leak detection system in con- plicable) specified in paragraphs (a) tinuous operation according to your through (n) of this section for a period monitoring plan required under of at least 5 years. All records must be § 60.4880. Additionally: available on site in either paper copy (1) For positive pressure fabric filter or computer-readable format that can systems that do not duct all compart- be printed upon request, unless an al- ments of cells to a common stack, a ternative format is approved by the bag leak detection system must be in- Administrator. stalled in each baghouse compartment (a) Date. Calendar date of each or cell. record. (2) Where multiple bag leak detectors (b) Increments of progress. Copies of are required, the system’s instrumen- the final control plan and any addi- tation and alarm may be shared among tional notifications, reported under detectors. § 60.5235. (3) You must initiate procedures to (c) Operator Training. Documentation determine the cause of every alarm of the operator training procedures and within 8 hours of the alarm, and you records specified in paragraphs (c)(1) must alleviate the cause of the alarm through (c)(4) of this section. You must within 24 hours of the alarm by taking make available and readily accessible whatever corrective action(s) are nec- at the facility at all times for all SSI essary. Corrective actions may include, unit operators the documentation spec- but are not limited to the following: ified in paragraph (c)(1) of this section. (i) Inspecting the fabric filter for air (1) Documentation of the following leaks, torn or broken bags or filter operator training procedures and infor- media, or any other condition that mation:

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(i) Summary of the applicable stand- of reports submitted as required in ards under this subpart. § 60.5155(b). (ii) Procedures for receiving, han- (d) Air pollution control device inspec- dling, and feeding sewage sludge. tions. Records of the results of initial (iii) Incinerator startup, shutdown, and annual air pollution control device and malfunction preventative and cor- inspections conducted as specified in rective procedures. §§ 60.5195 and 60.5220(c), including any (iv) Procedures for maintaining prop- required maintenance and any repairs er combustion air supply levels. not completed within 10 days of an in- (v) Procedures for operating the inspection or the timeframe established cinerator and associated air pollution by the Administrator. control systems within the standards (e) Performance test reports. (1) The re- established under this subpart. sults of the initial, annual, and any (vi) Monitoring procedures for dem- subsequent performance tests con- onstrating compliance with the incin- ducted to determine compliance with erator operating limits. the emission limits and standards and/ (vii) Reporting and recordkeeping or to establish operating limits, as ap- procedures. plicable. (viii) Procedures for handling ash. (2) Retain a copy of the complete per- (ix) A list of the materials burned formance test report, including cal- during the performance test, if in addi- culations. tion to sewage sludge. (3) Keep a record of the hourly dry (x) For each qualified operator and sludge feed rate measured during per- other plant personnel who may operate formance test runs as specified in the unit according to the provisions of § 60.5220(a)(2)(i). § 60.5155(a), the phone and/or pager (4) Keep any necessary records to number at which they can be reached demonstrate that the performance test during operating hours. was conducted under conditions rep- (2) Records showing the names of SSI resentative of normal operations, in- unit operators and other plant per- cluding a record of the moisture con- sonnel who may operate the unit ac- tent measured as required in cording to the provisions of § 60.5155(a), § 60.5220(a)(2)(ii) for each grab sample as follows: taken of the sewage sludge burned dur- (i) Records showing the names of SSI ing the performance test. unit operators and other plant per- (f) Continuous monitoring data. sonnel who have completed review of Records of the following data, as appli- the information in paragraph (c)(1) of cable: this section as required by § 60.5160(b), (1) For continuous emissions moni- including the date of the initial review toring systems, all 1-hour average con- and all subsequent annual reviews. centrations of particulate matter, hy- (ii) Records showing the names of the drogen chloride, carbon monoxide, SSI operators who have completed the dioxins/furans total mass basis, mer- operator training requirements under cury, nitrogen oxides, sulfur dioxide, § 60.5130, met the criteria for qualifica- cadmium, and lead emissions. tion under § 60.5140, and maintained or (2) For continuous automated sam- renewed their qualification under pling systems, all average concentra- § 60.5145 or § 60.5150. Records must in- tions measured for mercury and clude documentation of training, in- dioxins/furans total mass basis at the cluding the dates of their initial quali- frequencies specified in your moni- fication and all subsequent renewals of toring plan. such qualifications. (3) For continuous parameter moni- (3) Records showing the periods when toring systems: no qualified operators were accessible (i) All 1-hour average values recorded for more than 8 hours, but less than 2 for the following operating parameters, weeks, as required in § 60.5155(a). as applicable: (4) Records showing the periods when (A) Combustion chamber operating no qualified operators were accessible temperature (or afterburner tempera- for 2 weeks or more along with copies ture).

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(B) If a wet scrubber is used to com- with the emission limits be determined ply with the rule, pressure drop across using carbon dioxide measurements each wet scrubber system and liquid corrected to an equivalent of 7 percent flow rate to each wet scrubber used to oxygen. comply with the emission limit in (3) If activated carbon injection is Table 2 or 3 to this subpart for particu- used to comply with the rule, the type late matter, cadmium, or lead, and of sorbent used and any changes in the scrubber liquid flow rate and scrubber type of sorbent used. liquid pH for each wet scrubber used to (h) Deviation Reports. Records of any comply with an emission limit in Table deviation reports submitted under 2 or 3 to this subpart for sulfur dioxide § 60.5235(e) and (f). or hydrogen chloride. (i) Equipment specifications and oper- (C) If an electrostatic precipitator is ation and maintenance requirements. used to comply with the rule, sec- Equipment specifications and related ondary voltage of the electrostatic pre- operation and maintenance require- cipitator collection plates and sec- ments received from vendors for the in- ondary amperage of the electrostatic cinerator, emission controls, and moni- precipitator collection plates, and ef- toring equipment. fluent water flow rate at the outlet of (j) Inspections, calibrations, and valida- the wet electrostatic precipitator. tion checks of monitoring devices. (D) If activated carbon injection is Records of inspections, calibration, and used to comply with the rule, sorbent validation checks of any monitoring flow rate and carrier gas flow rate or devices as required under §§ 60.5220 and pressure drop, as applicable. 60.5225. (ii) All daily average values recorded (k) Monitoring plan and performance for the feed rate and moisture content evaluations for continuous monitoring of the sewage sludge fed to the sewage systems. Records of the monitoring sludge incinerator, monitored and cal- plans required under § 60.5200, and culated as specified in § 60.5170(f). records of performance evaluations re- (iii) If a fabric filter is used to com- quired under § 60.5205(b)(5).(l) Less fre- ply with the rule, the date, time, and quent testing. If, consistent with duration of each alarm and the time 60.5205(a)(3), you elect to conduct per- corrective action was initiated and formance tests less frequently than an- completed, and a brief description of nually, you must keep annual records the cause of the alarm and the correc- that document that your emissions in tive action taken. You must also the two previous consecutive years record the percent of operating time were at or below 75 percent of the ap- during each 6-month period that the plicable emission limit in Table 1 or 2 alarm sounds, calculated as specified in to this subpart, and document that § 60.5210. there were no changes in source oper- (iv) For other control devices for ations or air pollution control equip- which you must establish operating ment that would cause emissions of the limits under § 60.5175, you must main- relevant pollutant to increase within tain data collected for all operating pa- the past 2 years. rameters used to determine compliance with the operating limits, at the fre- (m) Use of bypass stack. Records indi- quencies specified in your monitoring cating use of the bypass stack, includ- plan. ing dates, times, and durations as re- (g) Other records for continuous moni- quired under § 60.5225(d). toring systems. You must keep the fol- (n) If a malfunction occurs, you must lowing records, as applicable: keep a record of the information sub- (1) Keep records of any notifications mitted in your annual report in to the Administrator in § 60.4915(h)(1) of § 60.5235(c)(16). starting or stopping use of a continuous monitoring system for deter- § 60.5235 What reports must I submit? mining compliance with any emissions You must submit the reports speci- limit. fied in paragraphs (a) through (i) of (2) Keep records of any requests this section. See Table 6 to this sub- under § 60.5220(b)(5) that compliance part for a summary of these reports.

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(a) Increments of progress report. If you before your initial performance evalua- plan to achieve compliance more than tion of your continuous monitoring 1 year following the effective date of system. state plan approval, you must submit (10) The site-specific monitoring plan the following reports, as applicable: for your ash handling system required (1) A final control plan as specified in under § 60.5200, at least 60 days before §§ 60.5085(a) and 60.5110. your initial performance test to dem- (2) You must submit your notifica- onstrate compliance with your fugitive tion of achievement of increments of ash emission limit. progress no later than 10 business days (c) Annual compliance report. You after the compliance date for the incre- must submit an annual compliance re- ment as specified in §§ 60.5095 and port that includes the items listed in 60.5100. paragraphs (c)(1) through (c)(16) of this (3) If you fail to meet an increment of section for the reporting period speci- progress, you must submit a notifica- fied in paragraph (c)(3) of this section. tion to the Administrator postmarked You must submit your first annual within 10 business days after the date compliance report no later than 12 for that increment, as specified in months following the submission of the § 60.5105. initial compliance report in paragraph (4) If you plan to close your SSI unit (b) of this section. You must submit rather than comply with the state subsequent annual compliance reports plan, submit a closure notification as no more than 12 months following the specified in § 60.5125. previous annual compliance report. (b) Initial compliance report. You must (You may be required to submit these submit the following information no reports (or additional compliance in- later than 60 days following the initial formation) more frequently by the title performance test. V operating permit required in (1) Company name, physical address, § 60.5240.) and mailing address. (1) Company name, physical address, (2) Statement by a responsible offi- and mailing address. cial, with that official’s name, title, (2) Statement by a responsible offi- and signature, certifying the accuracy cial, with that official’s name, title, of the content of the report. and signature, certifying the accuracy (3) Date of report. of the content of the report. (4) The complete test report for the (3) Date of report and beginning and initial performance test results ob- ending dates of the reporting period. tained by using the test methods speci- (4) If a performance test was con- fied in Table 2 or 3 to this subpart. ducted during the reporting period, the (5) If an initial performance evalua- results of that performance test. tion of a continuous monitoring sys- (i) If operating limits were estab- tem was conducted, the results of that lished during the performance test, in- initial performance evaluation. clude the value for each operating (6) The values for the site-specific op- limit and, as applicable, the method erating limits established pursuant to used to establish each operating limit, §§ 60.5170 and 60.5175 and the calcula- including calculations. tions and methods, as applicable, used (ii) If activated carbon is used during to establish each operating limit. the performance test, include the type (7) If you are using a fabric filter to of activated carbon used. comply with the emission limits, docu- (5) For each pollutant and operating mentation that a bag leak detection parameter recorded using a continuous system has been installed and is being monitoring system, the highest aver- operated, calibrated, and maintained as age value and lowest average value re- required by § 60.5170(b). corded during the reporting period, as (8) The results of the initial air pollu- follows: tion control device inspection required (i) For continuous emission moni- in § 60.5195, including a description of toring systems and continuous auto- repairs. mated sampling systems, report the (9) The site-specific monitoring plan highest and lowest 24-hour average required under § 60.5200, at least 60 days emission value.

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(ii) For continuous parameter moni- a statement that there were no periods toring systems, report the following during which your continuous moni- values: toring systems were out of control. (A) For all operating parameters ex- (14) If there were no operator train- cept scrubber liquid pH, the highest ing deviations, a statement that there and lowest 12-hour average values. were no such deviations during the re- (B) For scrubber liquid pH, the high- porting period. est and lowest 3-hour average values. (15) If you did not make revisions to (6) If there are no deviations during your site-specific monitoring plan dur- the reporting period from any emission ing the reporting period, a statement limit, emission standard, or operating that you did not make any revisions to limit that applies to you, a statement your site-specific monitoring plan dur- that there were no deviations from the ing the reporting period. If you made emission limits, emission standard, or revisions to your site-specific moni- operating limits. toring plan during the reporting pe- (7) Information for bag leak detec- riod, a copy of the revised plan. tion systems recorded under (16) If you had a malfunction during § 60.5230(f)(3)(iii). the reporting period, the compliance (8) If a performance evaluation of a report must include the number, dura- continuous monitoring system was tion, and a brief description for each conducted, the results of that perform- type of malfunction that occurred dur- ance evaluation. If new operating lim- ing the reporting period and that its were established during the per- caused or may have caused any appli- formance evaluation, include your cal- cable emission limitation to be exceed- culations for establishing those oper- ed. The report must also include a de- ating limits. scription of actions taken by an owner (9) If you elect to conduct perform- or operator during a malfunction of an ance tests less frequently as allowed in affected source to minimize emissions § 60.5205(a)(3) and did not conduct a per- in accordance with § 60.11(d), including formance test during the reporting pe- actions taken to correct a malfunction. riod, you must include the dates of the (d) Deviation reports. (1) You must last two performance tests, a compari- submit a deviation report if: son of the emission level you achieved (i) Any recorded operating parameter in the last two performance tests to level, based on the averaging time the 75 percent emission limit threshold specified in Table 4 to this subpart, is specified in § 60.5205(a)(3), and a state- above the maximum operating limit or ment as to whether there have been below the minimum operating limit es- any process changes and whether the tablished under this subpart. process change resulted in an increase (ii) The bag leak detection system in emissions. alarm sounds for more than 5 percent (10) Documentation of periods when of the operating time for the 6-month all qualified sewage sludge incineration reporting period. unit operators were unavailable for (iii) Any recorded 24-hour block aver- more than 8 hours, but less than 2 age emissions level is above the emis- weeks. sion limit, if a continuous monitoring (11) Results of annual air pollution system is used to comply with an emis- control device inspections recorded sion limit. under § 60.5230(d) for the reporting pe- (iv) There are visible emissions of riod, including a description of repairs. combustion ash from an ash conveying (12) If there were no periods during system for more than 5 percent of the the reporting period when your contin- hourly observation period. uous monitoring systems had a mal- (v) A performance test was conducted function, a statement that there were that deviated from any emission limit no periods during which your contin- in Table 2 or 3 to this subpart. uous monitoring systems had a mal- (vi) A continuous monitoring system function. was out of control. (13) If there were no periods during (vii) You had a malfunction (e.g., con- the reporting period when a continuous tinuous monitoring system malfunc- monitoring system was out of control, tion) that caused or may have caused

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any applicable emission limit to be ex- (D) The date and time that each devi- ceeded. ation started and stopped, and whether (2) The deviation report must be sub- each deviation occurred during a period mitted by August 1 of that year for of malfunction, during a period when data collected during the first half of the system as out of control, or during the calendar year (January 1 to June another period. 30), and by February 1 of the following (E) A summary of the total duration year for data you collected during the of the deviation during the reporting second half of the calendar year (July 1 period, and the total duration as a per- to December 31). cent of the total source operating time (3) For each deviation where you are during that reporting period. using a continuous monitoring system (F) A breakdown of the total dura- to comply with an associated emission tion of the deviations during the re- limit or operating limit, report the porting period into those that are due items described in paragraphs (d)(3)(i) to control equipment problems, process through (d)(3)(viii) of this section. problems, other known causes, and (i) Company name, physical address, other unknown causes. and mailing address. (G) A summary of the total duration (ii) Statement by a responsible offi- of continuous monitoring system cial, with that official’s name, title, downtime during the reporting period, and signature, certifying the accuracy and the total duration of continuous of the content of the report. monitoring system downtime as a per- (iii) The calendar dates and times cent of the total operating time of the your unit deviated from the emission SSI unit at which the continuous mon- limits, emission standards, or oper- itoring system downtime occurred dur- ating limits requirements. ing that reporting period. (iv) The averaged and recorded data (H) An identification of each param- for those dates. eter and pollutant that was monitored at the SSI unit. (v) Duration and cause of each devi- (I) A brief description of the SSI unit. ation from the following: (J) A brief description of the contin- (A) Emission limits, emission stand- uous monitoring system. ards, operating limits, and your correc- (K) The date of the latest continuous tive actions. monitoring system certification or (B) Bypass events and your correc- audit. tive actions. (L) A description of any changes in (vi) Dates, times, and causes for mon- continuous monitoring system, proc- itor downtime incidents. esses, or controls since the last report- (vii) A copy of the operating param- ing period. eter monitoring data during each devi- (4) For each deviation where you are ation and any test report that docu- not using a continuous monitoring sys- ments the emission levels. tem to comply with the associated (viii) If there were periods during emission limit or operating limit, re- which the continuous monitoring sys- port the following items: tem malfunctioned or was out of con- (i) Company name, physical address, trol, you must include the following in- and mailing address. formation for each deviation from an (ii) Statement by a responsible offi- emission limit or operating limit: cial, with that official’s name, title, (A) The date and time that each mal- and signature, certifying the accuracy function started and stopped. of the content of the report. (B) The date, time, and duration that (iii) The total operating time of each each continuous monitoring system affected source during the reporting pe- was inoperative, except for zero (low- riod. level) and high-level checks. (iv) The calendar dates and times (C) The date, time, and duration that your unit deviated from the emission each continuous monitoring system limits, emission standards, or oper- was out of control, including start and ating limits requirements. end dates and hours and descriptions of (v) The averaged and recorded data corrective actions taken. for those dates.

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(vi) Duration and cause of each devi- or has occurred for which you intend to ation from the following: assert a claim of force majeure: (A) Emission limits, emission stand- (1) You must notify the Adminis- ards, operating limits, and your correc- trator, in writing as soon as prac- tive actions. ticable following the date you first (B) Bypass events and your correc- knew, or through due diligence, should tive actions. have known that the event may cause (vii) A copy of any performance test or caused a delay in conducting a per- report that showed a deviation from formance test beyond the regulatory the emission limits or standards. deadline, but the notification must (viii) A brief description of any mal- occur before the performance test function reported in paragraph deadline unless the initial force (d)(1)(vii) of this section, including a majeure or a subsequent force majeure description of actions taken during the event delays the notice, and in such malfunction to minimize emissions in cases, the notification must occur as accordance with § 60.11(d) and to cor- soon as practicable. rect the malfunction. (2) You must provide to the Adminis- (e) Qualified operator deviation. (1) If trator a written description of the all qualified operators are not acces- force majeure event and a rationale for sible for 2 weeks or more, you must attributing the delay in conducting the take the two actions in paragraphs performance test beyond the regu- (e)(1)(i) and (e)(1)(ii) of this section. latory deadline to the force majeure; (i) Submit a notification of the devi- describe the measures taken or to be ation within 10 days that includes the taken to minimize the delay; and iden- three items in paragraphs (e)(1)(i)(A) tify a date by which you propose to through (e)(1)(i)(C) of this section. conduct the performance test. (g) Other notifications and reports re- (A) A statement of what caused the quired. You must submit other notifica- deviation. tions as provided by § 60.7 and as fol- (B) A description of actions taken to lows: ensure that a qualified operator is ac- (1) You must notify the Adminis- cessible. trator 1 month before starting or stop- (C) The date when you anticipate ping use of a continuous monitoring that a qualified operator will be avail- system for determining compliance able. with any emission limit. (ii) Submit a status report to the Ad- (2) You must notify the Adminis- ministrator every 4 weeks that in- trator at least 30 days prior to any per- cludes the three items in paragraphs formance test conducted to comply (e)(1)(ii)(A) through (e)(1)(ii)(C) of this with the provisions of this subpart, to section. afford the Administrator the oppor- (A) A description of actions taken to tunity to have an observer present. ensure that a qualified operator is ac- (3) As specified in § 60.5220(a)(8), you cessible. must notify the Administrator at least (B) The date when you anticipate 7 days prior to the date of a resched- that a qualified operator will be acces- uled performance test for which notifi- sible. cation was previously made in para- (C) Request for approval from the Ad- graph (g)(2) of this section. ministrator to continue operation of (h) Report submission form. (1) Submit the SSI unit. initial, annual, and deviation reports (2) If your unit was shut down by the electronically or in paper format, post- Administrator, under the provisions of marked on or before the submittal due § 60.5155(b)(2)(i), due to a failure to pro- dates. vide an accessible qualified operator, (2) As of January 1, 2012 and within 60 you must notify the Administrator days after the date of completing each within five days of meeting performance test, as defined in § 63.2, § 60.5155(b)(2)(ii) that you are resuming conducted to demonstrate compliance operation. with this subpart, you must submit rel- (f) Notification of a force majeure. If a ative accuracy test audit (i.e., ref- force majeure is about to occur, occurs, erence method) data and performance

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test (i.e., compliance test) data, except effective, or whether or when any ap- opacity data, electronically to EPA’s plicable Clean Air Act section 111(d)/129 Central Data Exchange (CDX) by using state or tribal plan is approved by EPA the Electronic Reporting Tool (ERT) and becomes effective. (see http://www.epa.gov/ttn/chief/ert/ (c) If your existing unit is subject to ertlltool.html/) or other compatible title V as a result of some triggering electronic spreadsheet. Only data col- requirement(s) other than those speci- lected using test methods compatible fied in paragraphs (a) and (b) of this with ERT are subject to this require- section (for example, a unit may be a ment to be submitted electronically major source or part of a major into EPA’s WebFIRE database. source), then your unit may be re- (i) Changing report dates. If the Ad- quired to apply for a title V permit ministrator agrees, you may change prior to the deadlines specified in para- the semiannual or annual reporting graphs (a) and (b). If more than one re- dates. See § 60.19(c) for procedures to quirement triggers a source’s obliga- seek approval to change your reporting tion to apply for a title V permit, the date. 12-month timeframe for filing a title V MODEL RULE—TITLE V OPERATING permit application is triggered by the PERMITS requirement which first causes the source to be subject to title V. (See § 60.5240 Am I required to apply for section 503(c) of the Clean Air Act and and obtain a Title V operating per- 40 CFR 70.3(a) and (b), 40 CFR mit for my existing SSI unit? 70.5(a)(1)(i), 40 CFR 71.3(a) and (b), and Yes, if you are subject to an applica- 40 CFR 71.5(a)(1)(i).) ble EPA-approved and effective CAA (d) A ‘‘complete’’ title V permit ap- section 111(d)/129 state or tribal plan or plication is one that has been deter- an applicable and effective Federal mined or deemed complete by the rel- plan, you are required to apply for and evant permitting authority under sec- obtain a Title V operating permit for tion 503(d) of the Clean Air Act and 40 your existing SSI unit unless you meet CFR 70.5(a)(2) or 40 CFR 71.5(a)(2). You the relevant requirements for an ex- must submit a complete permit appli- emption specified in § 60.5065. cation by the relevant application deadline in order to operate after this § 60.5245 When must I submit a title V date in compliance with Federal law. permit application for my existing SSI unit? (See sections 503(d) and 502(a) of the Clean Air Act and 40 CFR 70.7(b) and 40 (a) If your existing SSI unit is not CFR 71.7(b).) subject to an earlier permit application deadline, a complete title V permit ap- MODEL RULE-DEFINITIONS plication must be submitted on or before the earlier of the dates specified in § 60.5250 What definitions must I paragraphs (a)(1) through (a)(3) of this know? section. (See sections 129 (e), 503(c), Terms used but not defined in this 503(d), and 502(a) of the Clean Air Act subpart are defined in the Clean Air and 40 CFR 70.5(a)(1)(i) and 40 CFR Act and § 60.2. 71.5(a)(1)(i)). (1) 12 months after the effective date Administrator means: of any applicable EPA-approved Clean (1) For units covered by the Federal Air Act section 111(d)/129 state or tribal plan, the Administrator of the EPA or plan. his/her authorized representative. (2) 12 months after the effective date (2) For units covered by an approved of any applicable Federal plan. state plan, the director of the state air (3) March 21, 2014. pollution control agency or his/her au- (b) For any existing unit not subject thorized representative. to an earlier permit application dead- Affected source means a sewage sludge line, the application deadline of 36 incineration unit as defined in § 60.5250. months after the promulgation of this Affirmative defense means, in the con- subpart applies regardless of whether text of an enforcement proceeding, a or when any applicable Federal plan is response or defense put forward by a

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defendant, regarding which the defend- Continuous parameter monitoring sys- ant has the burden of proof, and the tem means a monitoring system for merits of which are independently and continuously measuring and recording objectively evaluated in a judicial or operating conditions associated with administrative proceeding. air pollution control device systems Auxiliary fuel means natural gas, liq- (e.g., operating temperature, pressure, uefied petroleum gas, fuel oil, or diesel and power). fuel. Deviation means any instance in Bag leak detection system means an in- which an affected source subject to this strument that is capable of monitoring subpart, or an owner or operator of particulate matter loadings in the ex- such a source: haust of a fabric filter (i.e., baghouse) (1) Fails to meet any requirement or in order to detect bag failures. A bag obligation established by this subpart, leak detection system includes, but is including but not limited to any emis- not limited to, an instrument that op- sion limit, operating limit, or operator erates on triboelectric, light scat- qualification and accessibility require- tering, light transmittance, or other ments. principle to monitor relative particu- (2) Fails to meet any term or condi- late matter loadings. tion that is adopted to implement an Bypass stack means a device used for applicable requirement in this subpart discharging combustion gases to avoid and that is included in the operating severe damage to the air pollution con- permit for any affected source required trol device or other equipment. to obtain such a permit. Calendar year means 365 consecutive Dioxins/furans means tetra- through days starting on January 1 and ending octa-chlorinated dibenzo-p-dioxins and on December 31. dibenzofurans. Continuous automated sampling system Electrostatic precipitator or wet electro- means the total equipment and proce- static precipitator means an air pollu- dures for automated sample collection tion control device that uses both elec- and sample recovery/analysis to deter- trical forces and, if applicable, water to mine a pollutant concentration or remove pollutants in the exit gas from emission rate by collecting a single in- a sewage sludge incinerator stack. tegrated sample(s) or multiple inte- Existing sewage sludge incineration grated sample(s) of the pollutant (or unit means a sewage sludge inciner- diluent gas) for subsequent on- or off- ation unit the construction of which is site analysis; integrated sample(s) col- commenced on or before October 14, lected are representative of the emis- 2010. sions for the sample time as specified Fabric filter means an add-on air pol- by the applicable requirement. lution control device used to capture Continuous emissions monitoring system particulate matter by filtering gas means a monitoring system for con- streams through filter media, also tinuously measuring and recording the known as a baghouse. emissions of a pollutant from an af- Fluidized bed incinerator means an en- fected facility. closed device in which organic matter Continuous monitoring system (CMS) and inorganic matter in sewage sludge means a continuous emissions moni- are combusted in a bed of particles sus- toring system, continuous automated pended in the combustion chamber gas. sampling system, continuous param- Malfunction means any sudden, infre- eter monitoring system or other man- quent, and not reasonably preventable ual or automatic monitoring that is failure of air pollution control and used for demonstrating compliance monitoring equipment, process equip- with an applicable regulation on a con- ment, or a process to operate in a nor- tinuous basis as defined by this sub- mal or usual manner. Failures that are part. The term refers to the total caused, in part, by poor maintenance equipment used to sample and condi- or careless operation are not malfunction (if applicable), to analyze, and to tions. provide a permanent record of emis- Modification means a change to an ex- sions or process parameters. isting SSI unit later than September

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21, 2011 and that meets one of two cri- (e.g., the addition of tertiary treatment teria: at the facility, which changes the (1) The cumulative cost of the method used for disposing of process changes over the life of the unit ex- solids and processing of the sludge ceeds 50 percent of the original cost of prior to incineration). building and installing the SSI unit (2) A change in the air pollution con- (not including the cost of land) updated trol devices used to comply with the to current costs (current dollars). To emission limits for the affected SSI determine what systems are within the unit (e.g., change in the sorbent used boundary of the SSI unit used to cal- for activated carbon injection). culate these costs, see the definition of Sewage sludge means solid, semi-solid, SSI unit. or liquid residue generated during the (2) Any physical change in the SSI treatment of domestic sewage in a unit or change in the method of oper- treatment works. Sewage sludge in- ating it that increases the amount of cludes, but is not limited to, domestic any air pollutant emitted for which septage; scum or solids removed in pri- section 129 or section 111 of the Clean mary, secondary, or advanced waste- Air Act has established standards. water treatment processes; and a mate- Modified sewage sludge incineration rial derived from sewage sludge. Sew- unit means an existing SSI unit that age sludge does not include ash gen- undergoes a modification, as defined in erated during the firing of sewage this section. sludge in a sewage sludge incineration Multiple hearth incinerator means a unit or grit and screenings generated circular steel furnace that contains a during preliminary treatment of do- number of solid refractory hearths and mestic sewage in a treatment works. a central rotating shaft; rabble arms Sewage sludge feed rate means the rate that are designed to slowly rake the at which sewage sludge is fed into the sludge on the hearth are attached to incinerator unit. the rotating shaft. Dewatered sludge Sewage sludge incineration (SSI) unit enters at the top and proceeds down- means an incineration unit combusting ward through the furnace from hearth sewage sludge for the purpose of reduc- to hearth, pushed along by the rabble ing the volume of the sewage sludge by arms. removing combustible matter. Sewage Operating day means a 24-hour period sludge incineration unit designs in- between 12:00 midnight and the fol- clude fluidized bed and multiple lowing midnight during which any hearth. A SSI unit also includes, but is amount of sewage sludge is combusted not limited to, the sewage sludge feed at any time in the SSI unit. system, auxiliary fuel feed system, Particulate matter means filterable grate system, flue gas system, waste particulate matter emitted from SSI heat recovery equipment, if any, and units as measured by Method 5 at 40 bottom ash system. The SSI unit in- CFR part 60, appendix A–3 or Methods cludes all ash handling systems con- 26A or 29 at 40 CFR part 60, appendix A– nected to the bottom ash handling sys- 8. tem. The combustion unit bottom ash Power input to the electrostatic precipi- system ends at the truck loading sta- tator means the product of the test-run tion or similar equipment that trans- average secondary voltage and the fers the ash to final disposal. The SSI test-run average secondary amperage unit does not include air pollution con- to the electrostatic precipitator collec- trol equipment or the stack. tion plates. Shutdown means the period of time Process change means a significant after all sewage sludge has been com- permit revision, but only with respect busted in the primary chamber. to those pollutant-specific emission Solid waste means any garbage, units for which the proposed permit re- refuse, sewage sludge from a waste vision is applicable, including but not treatment plant, water supply treat- limited to: ment plant, or air pollution control fa- (1) A change in the process employed cility and other discarded material, in- at the wastewater treatment facility cluding solid, liquid, semisolid, or con- associated with the affected SSI unit tained gaseous material resulting from

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industrial, commercial, mining, agri- tillate oil), of the system and the first cultural operations, and from commu- feed to the unit. nity activities, but does not include Toxic equivalency means the product solid or dissolved material in domestic of the concentration of an individual sewage, or solid or dissolved materials dioxin isomer in an environmental in irrigation return flows or industrial mixture and the corresponding esti- discharges which are point sources sub- mate of the compound-specific toxicity ject to permits under section 402 of the relative to tetrachlorinated dibenzo-p- Federal Water Pollution Control Act, dioxin, referred to as the toxic equiva- as amended (33 U.S.C. 1342), or source, lency factor for that compound. Table 5 special nuclear, or byproduct material to this subpart lists the toxic equivalency factors. as defined by the Atomic Energy Act of Wet scrubber means an add-on air pol- 1954, as amended (42 U.S.C. 2014). lution control device that utilizes an Standard conditions, when referring to aqueous or alkaline scrubbing liquid to units of measure, means a temperature collect particulate matter (including of 68 °F (20 °C) and a pressure of 1 at- nonvaporous metals and condensed mosphere (101.3 kilopascals). organics) and/or to absorb and neu- Startup means the period of time be- tralize acid gases. tween the activation, including the fir- You means the owner or operator of ing of fuels (e.g., natural gas or dis- an affected SSI unit.

TABLE 1 TO SUBPART MMMM OF PART 60—MODEL RULE—INCREMENTS OF PROGRESS AND COMPLIANCE SCHEDULES FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS

Comply with these increments of progress By these dates a

Increment 1—Submit final control plan ...... (Dates to be specified in state plan) Increment 2—Final compliance ...... (Dates to be specified in state plan) b a Site-specific schedules can be used at the discretion of the state. b The date can be no later than 3 years after the effective date of state plan approval or March 21, 2016 for SSI units that commenced construction on or before October 14, 2010.

TABLE 2 TO SUBPART MMMM OF PART 60—MODEL RULE—EMISSION LIMITS AND STANDARDS FOR EXISTING FLUIDIZED BED SEWAGE SLUDGE INCINERATION UNITS

Using these averaging methods For the air pollutant You must meet this emission and minimum sampling volumes And determining compliance limit a or using this method durations

Particulate matter ...... 18 milligrams per dry standard 3-run average (collect a min- Performance test (Method 5 at cubic meter. imum volume of 1 dry stand- 40 CFR part 60, appendix A– ard cubic meters sample per 3; Method 26A or Method 29 run). at 40 CFR part 60, appendix A–8). Hydrogen chloride ...... 0.51 parts per million by dry vol- 3-run average (Collect a min- Performance test (Method 26A ume. imum volume of 1 dry stand- at 40 CFR part 60, appendix ard cubic meters per run). A–8). Carbon monoxide ...... 64 parts per million by dry vol- 3-run average (collect sample for Performance test (Method 10, ume. a minimum duration of one 10A, or 10B at 40 CFR part hour per run). 60, appendix A–4). Dioxins/furans (total 1.2 nanograms per dry standard 3-run average (collect a min- Performance test (Method 23 at mass basis); or cubic meter (total mass basis); imum volume of 1 dry stand- 40 CFR part 60, appendix A– Dioxins/furans (toxic or ard cubic meters per run). 7). equivalency basis) b 0.10 nanograms per dry standard cubic meter (toxic equivalency basis). Mercury ...... 0.037 milligrams per dry stand- 3-run average (For Method 29 Performance test (Method 29 at ard cubic meter. and ASTM D6784–02 (Re- 40 CFR part 60, appendix A– approved 2008) c, collect a 8; Method 30B at 40 CFR part minimum volume of 1 dry 60, appendix A–8; or ASTM standard cubic meters per run. D6784–02 (Reapproved For Method 30B, collect a 2008).c minimum sample as specified in Method 30B at 40 CFR part 60, appendix A–8).

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Using these averaging methods For the air pollutant You must meet this emission and minimum sampling volumes And determining compliance limit a or using this method durations

Oxides of nitrogen ...... 150 parts per million by dry vol- 3-run average (Collect sample Performance test (Method 7 or ume. for a minimum duration of one 7E at 40 CFR part 60, appen- hour per run). dix A–4). Sulfur dioxide ...... 15 parts per million by dry vol- 3-run average (For Method 6, Performance test (Method 6 or ume. collect a minimum volume of 6C at 40 CFR part 40, appen- 60 liters per run. For Method dix A–4; or ANSI/ASME PTC– 6C, collect sample for a min- 19.10–1981.c imum duration of one hour per run). Cadmium ...... 0.0016 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 29 at ard cubic meter. imum volume of 1 dry stand- 40 CFR part 60, appendix A– ard cubic meters per run). 8). Use GFAAS or ICP/MS for the analytical finish. Lead ...... 0.0074 milligrams per dry stand- 3-run average (collect a min- Performance test (Method 29 at ard cubic meter. imum volume of 1 dry stand- 40 CFR part 60, appendix A– ard cubic meters sample per 8. Use GFAAS or ICP/MS for run). the analytical finish. Fugitive emissions Visible emissions of combustion Three 1-hour observation peri- Visible emission test (Method 22 from ash handling. ash from an ash conveying ods. of appendix A–7 of this part). system (including conveyor transfer points) for no more than 5 percent of the hourly observation period. a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. b You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17.

TABLE 3 TO SUBPART MMMM OF PART 60—MODEL RULE—EMISSION LIMITS AND STANDARDS FOR EXISTING MULTIPLE HEARTH SEWAGE SLUDGE INCINERATION UNITS

Using these averaging methods And determining compliance using For the air pollutant You must meet this emis- and this sion limit a minimum sampling volumes or durations method

Particulate matter ...... 80 milligrams per dry stand- 3-run average (collect a minimum Performance test (Method 5 at 40 ard cubic meter. volume of 0.75 dry standard CFR part 60, appendix A–3; cubic meters per run). Method 26A or Method 29 at 40 CFR part 60, appendix A–8). Hydrogen chloride ...... 1.2 parts per million by dry 3-run average (For Method 26, Performance test (Method 26 or volume. collect a minimum volume of 26A at 40 CFR part 60, appen- 200 liters per run. For Method dix A–8). 26A, collect a minimum volume of 1 dry standard cubic meters per run). Carbon monoxide ...... 3,800 parts per million by 3-run average (collect sample for Performance test (Method 10, dry volume. a minimum duration of one hour 10A, or 10B at 40 CFR part 60, per run). appendix A–4). Dioxins/furans (total 5.0 nanograms per dry 3-run average (collect a minimum Performance test (Method 23 at mass basis). standard cubic meter; or volume of 1 dry standard cubic 40 CFR part 60, appendix A–7). meters per run). Dioxins/furans (toxic 0.32 nanograms per dry equivalency basis) b. standard cubic meter. Mercury ...... 0.28 milligrams per dry 3-run average (For Method 29 Performance test (Method 29 at standard cubic meter. and ASTM D6784–02 (Re- 40 CFR part 60, appendix A–8; approved 2008),c collect a min- Method 30B at 40 CFR part 60, imum volume of 1 dry standard appendix A–8; or ASTM cubic meters per run. For Meth- D6784–02 (Reapproved od 30B, collect a minimum 2008)).c sample as specified in Method 30B at 40 CFR part 60, appendix A–8). Oxides of nitrogen ...... 220 parts per million by dry 3-run average (Collect sample for Performance test (Method 7 or 7E volume. a minimum duration of one hour at 40 CFR part 60, appendix A– per run). 4). Sulfur dioxide ...... 26 parts per million by dry 3-run average (For Method 6, col- Performance test (Method 6 or 6C volume. lect a minimum volume of 200 at 40 CFR part 40, appendix A– liters per run. For Method 6C, 4; or ANSI/ASME PTC 19.10– collect sample for a minimum 1981).c duration of one hour per run).

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Using these averaging methods And determining compliance using For the air pollutant You must meet this emis- and this sion limit a minimum sampling volumes or durations method

Cadmium ...... 0.095 milligrams per dry 3-run average (collect a minimum Performance test (Method 29 at standard cubic meter. volume of 1 dry standard cubic 40 CFR part 60, appendix A–8). meters per run). Lead ...... 0.30 milligrams per dry 3-run average (collect a minimum Performance test (Method 29 at standard cubic meter. volume of 1 dry standard cubic 40 CFR part 60, appendix A–8). meters per run). Fugitive emissions from Visible emissions of com- Three 1-hour observation periods Visible emission test (Method 22 ash handling. bustion ash from an ash of appendix A–7 of this part). conveying system (including conveyor transfer points) for no more than 5 percent of the hourly observation period. a All emission limits are measured at 7 percent oxygen, dry basis at standard conditions. b You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis. c Incorporated by reference, see § 60.17.

TABLE 4 TO SUBPART MMMM OF PART 60—MODEL RULE—OPERATING PARAMETERS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS A

And monitor using these minimum frequencies You must establish these operating For these operating parameters limits Data meas- Data record- Data averaging b period for urement ing compliance

All sewage sludge incineration units

Combustion chamber operating Minimum combustion chamber op- Continuous ... Every 15 12-hour block. temperature (not required if after- erating temperature or after- minutes. burner temperature is monitored). burner temperature. Fugitive emissions from ash han- Site-specific operating require- Not applica- No applicable Not applicable. dling. ments. ble.

Scrubber

Pressure drop across each wet Minimum pressure drop ...... Continuous ... Every 15 12-hour block. scrubber. minutes. Scrubber liquid flow rate ...... Minimum flow rate ...... Continuous ... Every 15 12-hour block. minutes. Scrubber liquid pH ...... Minimum pH ...... Continuous ... Every 15 3-hour block. minutes.

Fabric Filter

Alarm time of the bag leak detection Maximum alarm time of the bag leak detection system alarm (this operating limit is pro- system alarm. vided in § 60.4850 and is not established on a site-specific basis)

Electrostatic precipitator

Secondary voltage of the electro- Minimum power input to the elec- Continuous ... Hourly ...... 12-hour block. static precipitator collection plates. trostatic precipitator collection plates. Secondary amperage of the electrostatic precipitator collection plates. Effluent water flow rate at the outlet Minimum effluent water flow rate at Hourly ...... Hourly ...... 12-hour block. of the electrostatic precipitator. the outlet of the electrostatic precipitator.

Activated carbon injection

Mercury sorbent injection rate ...... Minimum mercury sorbent injection Hourly ...... Hourly ...... 12-hour block. rate. Dioxin/furan sorbent injection rate ... Minimum dioxin/furan sorbent injection rate. Carrier gas flow rate or carrier gas Minimum carrier gas flow rate or Continuous ... Every 15 12-hour block. pressure drop. minimum carrier gas pressure minutes. drop.

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And monitor using these minimum frequencies You must establish these operating For these operating parameters limits Data meas- Data record- Data averaging b period for urement ing compliance

Afterburner

Temperature of the afterburner Minimum temperature of the after- Continuous ... Every 15 12-hour block. combustion chamber. burner combustion chamber. minutes. a As specified in § 60.5190, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing certain operating limits. b This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.

TABLE 5 TO SUBPART MMMM OF PART 60—MODEL RULE—TOXIC EQUIVALENCY FACTORS

Toxic Dioxin/furan isomer equivalency factor

TABLE 6 TO SUBPART MMMM OF PART 60—MODEL RULE—SUMMARY OF REPORTING REQUIREMENTS FOR EXISTING SEWAGE SLUDGE INCINERATION UNITS A

Report Due date Contents Reference

Increments of progress re- No later than 10 business 1. Final control plan including air pollution control § 60.5235(a). port. days after the compli- device descriptions, process changes, type of ance date for the incre- waste to be burned, and the maximum design ment. sewage sludge burning capacity. 2. Notification of any failure to meet an increment of progress. 3. Notification of any closure. Initial compliance report ..... No later than 60 days fol- 1. Company name and address ...... § 60.5235(b). lowing the initial per- 2. Statement by a responsible official, with that of- formance test. ficial’s name, title, and signature, certifying the accuracy of the content of the report. 3. Date of report. 4. Complete test report for the initial performance test. 5. Results of CMS b performance evaluation. 6. The values for the site-specific operating limits and the calculations and methods used to establish each operating limit. 7. Documentation of installation of bag leak detection system for fabric filter. 8. Results of initial air pollution control device inspection, including a description of repairs. 9. The site-specific monitoring plan required under § 60.5200. 10. The site-specific monitoring plan for your ash handling system required under § 60.5200.

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Report Due date Contents Reference

Annual compliance report .. No later than 12 months 1. Company name and address ...... § 60.5235(c). following the submission 2. Statement and signature by responsible official. of the initial compliance 3. Date and beginning and ending dates of report. report; subsequent re- 4. If a performance test was conducted during the ports are to be sub- reporting period, the results of the test, includ- mitted no more than 12 ing any new operating limits and associated months following the calculations and the type of activated carbon previous report. used, if applicable. 5. For each pollutant and operating parameter recorded using a CMS, the highest recorded 3- hour average and the lowest recorded 3-hour average, as applicable. 6. If no deviations from emission limits, emission standards, or operating limits occurred, a statement that no deviations occurred. 7. If a fabric filter is used, the date, time, and duration of alarms. 8. If a performance evaluation of a CMS was conducted, the results, including any new operating limits and their associated calculations. 9. If you met the requirements of § 60.5205(a)(3) and did not conduct a performance test, include the dates of the last three performance tests, a comparison to the 50 percent emission limit threshold of the emission level achieved in the last three performance tests, and a statement as to whether there have been any process changes. 10. Documentation of periods when all qualified SSI unit operators were unavailable for more than 8 hours but less than 2 weeks. 11. Results of annual pollutions control device inspections, including description of repairs. 12. If there were no periods during which your CMSs had malfunctions, a statement that there were no periods during which your CMSs had malfunctions. 13. If there were no periods during which your CMSs were out of control, a statement that there were no periods during which your CMSs were out of control. 14. If there were no operator training deviations, a statement that there were no such deviations. 15. Information on monitoring plan revisions, including a copy of any revised monitoring plan. Deviation report (deviations By August 1 of a calendar If using a CMS: ...... § 60.5235(d). from emission limits, year for data collected 1. Company name and address. emission standards, or during the first half of 2. Statement by a responsible official. operating limits, as speci- the calendar year; by 3. The calendar dates and times your unit devi- fied in § 60.5235(e)(1)). February 1 of a cal- ated from the emission limits or operating limits. endar year for data col- 4. The averaged and recorded data for those lected during the second dates. half of the calendar year. 5. Duration and cause of each deviation. 6. Dates, times, and causes for monitor downtime incidents. 7. A copy of the operating parameter monitoring data during each deviation and any test report that documents the emission levels. 8. For periods of CMS malfunction or when a CMS was out of control, you must include the information specified in § 60.5235(d)(3)(viii). If not using a CMS:. 1. Company name and address. 2. Statement by a responsible official. 3. The total operating time of each affected SSI. 4. The calendar dates and times your unit deviated from the emission limits, emission standard, or operating limits. 5. The averaged and recorded data for those dates. 6. Duration and cause of each deviation. 7. A copy of any performance test report that showed a deviation from the emission limits or standards.

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Report Due date Contents Reference

8. A brief description of any malfunction, a description of actions taken during the malfunction to minimize emissions, and corrective action taken. Notification of qualified op- Within 10 days of devi- 1. Statement of cause of deviation ...... § 60.5235(e). erator deviation (if all ation. 2. Description of actions taken to ensure that a qualified operators are qualified operator will be available. not accessible for 2 3. The date when a qualified operator will be ac- weeks or more). cessible. Notification of status of Every 4 weeks following 1. Description of actions taken to ensure that a § 60.5235(e). qualified operator devi- notification of deviation. qualified operator is accessible. ation. 2. The date when you anticipate that a qualified operator will be accessible. 3. Request for approval to continue operation. Notification of resumed op- Within five days of obtain- 1. Notification that you have obtained a qualified § 60.5235(e). eration following shut- ing a qualified operator operator and are resuming operation. down (due to qualified and resuming operation. operator deviation and as specified in § 60.5155(b)(2)(i). Notification of a force As soon as practicable fol- 1. Description of the force majeure event ...... § 60.5235(f). majeure. lowing the date you first 2. Rationale for attributing the delay in conducting knew, or through due the performance test beyond the regulatory diligence should have deadline to the force majeure. known that the event 3. Description of the measures taken or to be may cause or caused a taken to minimize the delay. delay in conducting a 4. Identification of the date by which you propose performance test be- to conduct the performance test. yond the regulatory deadline; the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification must occur as soon as practicable. Notification of intent to start 1 month before starting or 1. Intent to start or stop use of a CMS ...... § 60.5235(g). or stop use of a CMS. stopping use of a CMS. Notification of intent to con- At least 30 days prior to 1. Intent to conduct a performance test to comply duct a performance test. the performance test. with this subpart. Notification of intent to con- At least 7 days prior to the 1. Intent to conduct a rescheduled performance duct a rescheduled per- date of a rescheduled test to comply with this subpart. formance test. performance test. a This table is only a summary, see the referenced sections of the rule for the complete requirements. b CMS means continuous monitoring system.

Subpart NNNN [Reserved] § 60.5360 What is the purpose of this subpart? Subpart OOOO—Standards of Per- This subpart establishes emission formance for Crude Oil and standards and compliance schedules for Natural Gas Production, Trans- the control of volatile organic compounds (VOC) and sulfur dioxide (SO2) mission and Distribution for emissions from affected facilities that which Construction, Modifica- commence construction, modification tion or Reconstruction Com- or reconstruction after August 23, 2011, menced After August 23, and on or before September 18, 2015. 2011, and on or before Sep- [81 FR 35896, June 3, 2016] tember 18, 2015 § 60.5365 Am I subject to this subpart? You are subject to the applicable pro- SOURCE: 77 FR 49542, Aug. 16, 2012, unless otherwise noted. visions of this subpart if you are the owner or operator of one or more of the onshore affected facilities listed in

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paragraphs (a) through (g) of this sec- greater than 6 tpy as determined action for which you commence construc- cording to this section by October 15, tion, modification or reconstruction 2013 for Group 1 storage vessels and by after August 23, 2011, and on or before April 15, 2014, or 30 days after startup September 18, 2015. (whichever is later) for Group 2 storage (a) Each gas well affected facility, vessels, except as provided in para- which is a single natural gas well. graphs (e)(1) through (4) of this section. (b) Each centrifugal compressor af- The potential for VOC emissions must fected facility, which is a single cen- be calculated using a generally accept- trifugal compressor using wet seals ed model or calculation methodology, that is located between the wellhead based on the maximum average daily and the point of custody transfer to the throughput determined for a 30-day pe- natural gas transmission and storage riod of production prior to the applica- segment. A centrifugal compressor lo- ble emission determination deadline cated at a well site, or an adjacent well specified in this section. The deter- site and servicing more than one well mination may take into account re- site, is not an affected facility under quirements under a legally and prac- this subpart. tically enforceable limit in an oper- (c) Each reciprocating compressor af- ating permit or other requirement es- fected facility, which is a single recip- tablished under a Federal, State, local rocating compressor located between or tribal authority. the wellhead and the point of custody (1) For each new, modified or recon- transfer to the natural gas trans- structed storage vessel receiving liq- mission and storage segment. A recip- uids pursuant to the standards for gas rocating compressor located at a well well affected facilities in § 60.5375, in- site, or an adjacent well site and serv- cluding wells subject to § 60.5375(f), you icing more than one well site, is not an must determine the potential for VOC affected facility under this subpart. emissions within 30 days after startup (d)(1) For the oil production segment of production. (between the wellhead and the point of (2) A storage vessel affected facility custody transfer to an oil pipeline), that subsequently has its potential for each pneumatic controller affected fa- VOC emissions decrease to less than 6 cility, which is a single continuous tpy shall remain an affected facility bleed natural gas-driven pneumatic under this subpart. controller operating at a natural gas bleed rate greater than 6 scfh. (3) For storage vessels not subject to (2) For the natural gas production a legally and practically enforceable segment (between the wellhead and the limit in an operating permit or other point of custody transfer to the natural requirement established under Federal, gas transmission and storage segment state, local or tribal authority, any and not including natural gas proc- vapor from the storage vessel that is essing plants), each pneumatic con- recovered and routed to a process troller affected facility, which is a sin- through a VRU designed and operated gle continuous bleed natural gas-driven as specified in this section is not re- pneumatic controller operating at a quired to be included in the determina- natural gas bleed rate greater than 6 tion of VOC potential to emit for pur- scfh. poses of determining affected facility (3) For natural gas processing plants, status, provided you comply with the each pneumatic controller affected fa- requirements in paragraphs (e)(3)(i) cility, which is a single continuous through (iv) of this section. bleed natural gas-driven pneumatic (i) You meet the cover requirements controller. specified in § 60.5411(b). (e) Each storage vessel affected facil- (ii) You meet the closed vent system ity, which is a single storage vessel lo- requirements specified in § 60.5411(c). cated in the oil and natural gas produc- (iii) You maintain records that docu- tion segment, natural gas processing ment compliance with paragraphs segment or natural gas transmission (e)(3)(i) and (ii) of this section. and storage segment, and has the po- (iv) In the event of removal of appa- tential for VOC emissions equal to or ratus that recovers and routes vapor to

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a process, or operation that is incon- (1) Each sweetening unit that proc- sistent with the conditions specified in esses natural gas is an affected facility; paragraphs (e)(3)(i) and (ii) of this sec- and tion, you must determine the storage (2) Each sweetening unit that proc- vessel’s potential for VOC emissions esses natural gas followed by a sulfur according to this section within 30 days recovery unit is an affected facility. of such removal or operation. (3) Facilities that have a design ca- (4) The following requirements apply pacity less than 2 long tons per day immediately upon startup, startup of (LT/D) of hydrogen sulfide (H S) in the production, or return to service. A 2 acid gas (expressed as sulfur) are re- storage vessel affected facility that is quired to comply with recordkeeping reconnected to the original source of liquids is a storage vessel affected fa- and reporting requirements specified in cility subject to the same requirements § 60.5423(c) but are not required to com- that applied before being removed from ply with §§ 60.5405 through 60.5407 and service. Any storage vessel that is used §§ 60.5410(g) and 60.5415(g) of this sub- to replace any storage vessel affected part. facility is subject to the same require- (4) Sweetening facilities producing ments that apply to the storage vessel acid gas that is completely reinjected affected facility being replaced. into oil-or-gas-bearing geologic strata (5) A storage vessel with a capacity or that is otherwise not released to the greater than 100,000 gallons used to re- atmosphere are not subject to §§ 60.5405 cycle water that has been passed through 60.5407, 60.5410(g), 60.5415(g), through two stage separation is not a and 60.5423 of this subpart. storage vessel affected facility. (h) The following provisions apply to (f) The group of all equipment, except gas well facilities that are hydrau- compressors, within a process unit is lically refractured. an affected facility. (1) A gas well facility that conducts a (1) Addition or replacement of equip- well completion operation following ment for the purpose of process im- hydraulic refracturing is not an af- provement that is accomplished with- fected facility, provided that the re- out a capital expenditure shall not by quirements of § 60.5375 are met. For itself be considered a modification under this subpart. purposes of this provision, the dates (2) Equipment associated with a com- specified in § 60.5375(a) do not apply, pressor station, dehydration unit, and such facilities, as of October 15, sweetening unit, underground storage 2012, must meet the requirements of vessel, field gas gathering system, or § 60.5375(a)(1) through (4). liquefied natural gas unit is covered by (2) A well completion operation fol- §§ 60.5400, 60.5401, 60.5402, 60.5421, and lowing hydraulic refracturing at a gas 60.5422 of this subpart if it is located at well facility not conducted pursuant to an onshore natural gas processing § 60.5375 is a modification to the gas plant. Equipment not located at the well affected facility. onshore natural gas processing plant (3) Refracturing of a gas well facility site is exempt from the provisions of does not affect the modification status §§ 60.5400, 60.5401, 60.5402, 60.5421, and of other equipment, process units, stor- 60.5422 of this subpart. age vessels, compressors, or pneumatic (3) The equipment within a process controllers located at the well site. unit of an affected facility located at (4) A gas well facility initially con- onshore natural gas processing plants structed after August 23, 2011, and on and described in paragraph (f) of this or before September 18, 2015 is consid- section are exempt from this subpart if ered an affected facility regardless of they are subject to and controlled according to subparts VVa, GGG or GGGa this provision. of this part. [77 FR 49542, Aug. 16, 2012, as amended at 78 (g) Sweetening units located at on- FR 58435, Sept. 23, 2013; 79 FR 79036, Dec. 31, shore natural gas processing plants 2014; 80 FR 48268, Aug. 12, 2015; 81 FR 35896, that process natural gas produced from June 3, 2016] either onshore or offshore wells.

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§ 60.5370 When must I comply with paragraphs (a)(1) through (4) of this this subpart? section. You must maintain a log as (a) You must be in compliance with specified in paragraph (b). the standards of this subpart no later (1) For each stage of the well comple- than October 15, 2012 or upon startup, tion operation, as defined in § 60.5430, whichever is later. follow the requirements specified in (b) At all times, including periods of paragraph (a)(1)(i) and (ii) of this sec- startup, shutdown, and malfunction, tion. owners and operators shall maintain (i) During the initial flowback stage, and operate any affected facility in- route the flowback into one or more cluding associated air pollution control well completion vessels or storage ves- equipment in a manner consistent with sels and commence operation of a sepa- good air pollution control practice for rator unless it is technically infeasible minimizing emissions. Determination for a separator to function. Any gas of whether acceptable operating and maintenance procedures are being used present in the initial flowback stage is will be based on information available not subject to control under this sec- to the Administrator which may in- tion. clude but is not limited to, monitoring (ii) During the separation flowback results, opacity observations, review of stage, route all recovered liquids from operating and maintenance procedures, the separator to one or more well com- and inspection of the source. pletion vessels or storage vessels, re-in- (c) You are exempt from the obliga- ject the liquids into the well or another tion to obtain a permit under 40 CFR well or route the recovered liquids to a part 70 or 40 CFR part 71, provided you collection system. Route the recovered are not otherwise required by law to gas from the separator into a gas flow obtain a permit under 40 CFR 70.3(a) or line or collection system, re-inject the 40 CFR 71.3(a). Notwithstanding the recovered gas into the well or another previous sentence, you must continue well, use the recovered gas as an on- to comply with the provisions of this site fuel source, or use the recovered subpart. gas for another useful purpose that a (d) You are deemed to be in compli- purchased fuel or raw material would ance with this subpart if you are in compliance with all applicable provi- serve. If it is infeasible to route the re- sions of subpart OOOOa of this part. covered gas as required above, follow the requirements in paragraph (a)(3) of [77 FR 49542, Aug. 16, 2012, as amended at 81 this section. If, at any time during the FR 35896, June 3, 2016] separation flowback stage, it is not § 60.5375 What standards apply to gas technically feasible for a separator to well affected facilities? function, you must comply with If you are the owner or operator of a (a)(1)(i) of this section. gas well affected facility, you must (2) All salable quality recovered gas comply with paragraphs (a) through (f) must be routed to the gas flow line as of this section. soon as practicable. In cases where sal- (a) Except as provided in paragraph able quality gas cannot be directed to (f) of this section, for each well comple- the flow line, you must follow the re- tion operation with hydraulic frac- quirements in paragraph (a)(3) of this turing begun prior to January 1, 2015, section. you must comply with the require- (3) You must capture and direct re- ments of paragraphs (a)(3) and (4) of covered gas to a completion combus- this section unless a more stringent tion device, except in conditions that state or local emission control require- may result in a fire hazard or explo- ment is applicable; optionally, you sion, or where high heat emissions may comply with the requirements of from a completion combustion device paragraphs (a)(1) through (4) of this may negatively impact tundra, perma- section. For each new well completion operation with hydraulic fracturing frost or waterways. Completion com- begun on or after January 1, 2015, you bustion devices must be equipped with must comply with the requirements in a reliable continuous ignition source.

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(4) You have a general duty to safely § 60.5380 What standards apply to cen- maximize resource recovery and mini- trifugal compressor affected facili- mize releases to the atmosphere during ties? flowback and subsequent recovery. You must comply with the standards (b) You must maintain a log for each in paragraphs (a) through (d) of this well completion operation at each gas section for each centrifugal compressor well affected facility. The log must be affected facility. completed on a daily basis for the dura- (a)(1) You must reduce VOC emis- tion of the well completion operation sions from each centrifugal compressor and must contain the records specified wet seal fluid degassing system by 95.0 in § 60.5420(c)(1)(iii). percent or greater. (c) You must demonstrate initial (2) If you use a control device to re- compliance with the standards that duce emissions, you must equip the wet apply to gas well affected facilities as seal fluid degassing system with a required by § 60.5410. (d) You must demonstrate contin- cover that meets the requirements of uous compliance with the standards § 60.5411(b), that is connected through a that apply to gas well affected facili- closed vent system that meets the re- ties as required by § 60.5415. quirements of § 60.5411(a) and routed to (e) You must perform the required a control device that meets the condi- notification, recordkeeping and report- tions specified in § 60.5412(a), (b) and (c). ing as required by § 60.5420. As an alternative to routing the closed (f)(1) For each gas well affected facil- vent system to a control device, you ity specified in paragraphs (f)(1)(i) and may route the closed vent system to a (ii) of this section, you must comply process. with the requirements of paragraphs (b) You must demonstrate initial (f)(2) and (3) of this section. compliance with the standards that (i) Each well completion operation apply to centrifugal compressor af- with hydraulic fracturing at a wildcat fected facilities as required by or delineation well. § 60.5410(b). (ii) Each well completion operation (c) You must demonstrate continuous with hydraulic fracturing at a noncompliance with the standards that wildcat low pressure gas well or non- apply to centrifugal compressor af- delineation low pressure gas well. fected facilities as required by (2) Route the flowback into one or § 60.5415(b). more well completion vessels and com- (d) You must perform the required mence operation of a separator unless notification, recordkeeping, and re- it is technically infeasible for a sepa- porting as required by § 60.5420. rator to function. Any gas present in [77 FR 49542, Aug. 16, 2012, as amended at 78 the flowback before the separator can FR 58436, Sept. 23, 2013] function is not subject to control under this section. You must capture and di- § 60.5385 What standards apply to re- rect recovered gas to a completion ciprocating compressor affected fa- combustion device, except in condi- cilities? tions that may result in a fire hazard You must comply with the standards or explosion, or where high heat emis- in paragraphs (a) through (d) of this sions from a completion combustion section for each reciprocating com- device may negatively impact tundra, pressor affected facility. permafrost or waterways. Completion (a) You must replace the recipro- combustion devices must be equipped cating compressor rod packing accord- with a reliable continuous ignition ing to either paragraph (a)(1) or (2) of source. You must also comply with this section or you must comply with paragraphs (a)(4) and (b) through (e) of paragraph (a)(3) of this section. this section. (1) Before the compressor has oper- (3) You must maintain records speci- ated for 26,000 hours. The number of fied in § 60.5420(c)(1)(iii) for wildcat, de- hours of operation must be continu- lineation and low pressure gas wells. ously monitored beginning upon initial [77 FR 49542, Aug. 16, 2012, as amended at 79 startup of your reciprocating com- FR 79037, Dec. 31, 2014] pressor affected facility, or October 15,

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2012, or the date of the most recent re- (b)(1) Each pneumatic controller af- ciprocating compressor rod packing re- fected facility at a natural gas proc- placement, whichever is later. essing plant must have a bleed rate of (2) Prior to 36 months from the date zero. of the most recent rod packing replace- (2) Each pneumatic controller af- ment, or 36 months from the date of fected facility at a natural gas proc- startup for a new reciprocating com- essing plant must be tagged with the pressor for which the rod packing has month and year of installation, recon- not yet been replaced. struction or modification, and identi- (3) Collect the emissions from the rod fication information that allows packing using a rod packing emissions traceability to the records for that collection system which operates under pneumatic controller as required in negative pressure and route the rod § 60.5420(c)(4)(iv). packing emissions to a process through (c)(1) Each pneumatic controller af- a closed vent system that meets the re- fected facility constructed, modified or quirements of § 60.5411(a). reconstructed on or after October 15, (b) You must demonstrate initial 2013, at a location between the well- compliance with standards that apply head and a natural gas processing plant to reciprocating compressor affected or the point of custody transfer to an facilities as required by § 60.5410. oil pipeline must have a bleed rate less (c) You must demonstrate continuous than or equal to 6 standard cubic feet compliance with standards that apply per hour. to reciprocating compressor affected (2) Each pneumatic controller af- facilities as required by § 60.5415. fected facility constructed, modified or (d) You must perform the required reconstructed on or after October 15, notification, recordkeeping, and re- 2013, at a location between the well- porting as required by § 60.5420. head and a natural gas processing plant or the point of custody transfer to an [77 FR 49542, Aug. 16, 2012, as amended at 79 oil pipeline must be tagged with the FR 79037, Dec. 31, 2014] month and year of installation, reconstruction or modification, and identi- § 60.5390 What standards apply to pneumatic controller affected facili- fication information that allows ties? traceability to the records for that controller as required in For each pneumatic controller af- § 60.5420(c)(4)(iii). fected facility you must comply with (d) You must demonstrate initial the VOC standards, based on natural compliance with standards that apply gas as a surrogate for VOC, in either to pneumatic controller affected facili- paragraph (b)(1) or (c)(1) of this section, ties as required by § 60.5410. as applicable. Pneumatic controllers (e) You must demonstrate continuous meeting the conditions in paragraph compliance with standards that apply (a) of this section are exempt from this to pneumatic controller affected facili- requirement. ties as required by § 60.5415. (a) The requirements of paragraph (f) You must perform the required no- (b)(1) or (c)(1) of this section are not re- tification, recordkeeping, and report- quired if you determine that the use of ing as required by § 60.5420, except that a pneumatic controller affected facility you are not required to submit the no- with a bleed rate greater than the ap- tifications specified in § 60.5420(a). plicable standard is required based on functional needs, including but not [77 FR 49542, Aug. 16, 2012, as amended at 78 limited to response time, safety and FR 58436, Sept. 23, 2013; 79 FR 79038, Dec. 31, positive actuation. However, you must 2014] tag such pneumatic controller with the month and year of installation, recon- § 60.5395 What standards apply to stor- struction or modification, and identi- age vessel affected facilities? fication information that allows Except as provided in paragraph (h) traceability to the records for that of this section, you must comply with pneumatic controller, as required in the standards in this section for each § 60.5420(c)(4)(ii). storage vessel affected facility.

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(a)(1) If you are the owner or oper- trolled actual VOC emissions have re- ator of a Group 1 storage vessel af- mained less than 4 tpy as determined fected facility, you must comply with monthly for 12 consecutive months. paragraph (b) of this section. After such demonstration, you must (2) If you are the owner or operator of determine the uncontrolled actual VOC a Group 2 storage vessel affected facil- emission rate each month. The uncon- ity, you must comply with paragraph trolled actual VOC emissions must be (c) of this section. calculated using a generally accepted (b) Requirements for Group 1 storage model or calculation methodology. vessel affected facilities. If you are the Monthly calculations must be based on owner or operator of a Group 1 storage the average throughput for the month. vessel affected facility, you must com- Monthly calculations must be sepa- ply with paragraphs (b)(1) and (2) of rated by at least 14 days. You must this section. comply with paragraph (d)(1) of this (1) You must submit a notification section if your storage vessel affected identifying each Group 1 storage vessel facility meets the conditions specified affected facility, including its location, in paragraphs (d)(2)(i) or (ii) of this sec- with your initial annual report as spection. ified in § 60.5420(b)(6)(iv). (i) If a well feeding the storage vessel (2) You must comply with paragraphs affected facility undergoes fracturing (d) through (g) of this section. or refracturing, you must comply with (c) Requirements for Group 2 storage paragraph (d)(1) of this section as soon vessel affected facilities. If you are the as liquids from the well following frac- owner or operator of a Group 2 storage turing or refracturing are routed to the vessel affected facility, you must com- storage vessel affected facility. ply with paragraphs (d) through (g) of (ii) If the monthly emissions deter- this section. mination required in this section indi- (d) You must comply with the con- cates that VOC emissions from your trol requirements of paragraph (d)(1) of storage vessel affected facility increase this section unless you meet the condi- to 4 tpy or greater and the increase is tions specified in paragraph (d)(2) of not associated with fracturing or re- this section. (1) Reduce VOC emissions by 95.0 per- fracturing of a well feeding the storage cent according to the schedule speci- vessel affected facility, you must com- fied in (d)(1)(i) and (ii) of this section. ply with paragraph (d)(1) of this section (i) For each Group 2 storage vessel af- within 30 days of the monthly calcula- fected facility, you must achieve the tion. required emissions reductions by April (e) Control requirements. (1) Except as 15, 2014, or within 60 days after startup, required in paragraph (e)(2) of this sec- whichever is later, except as otherwise tion, if you use a control device to re- provided below in paragraph (f) of this duce emissions from your storage ves- section. For storage vessel affected fa- sel affected facility, you must equip cilities receiving liquids pursuant to the storage vessel with a cover that the standards for gas well affected fa- meets the requirements of § 60.5411(b) cilities in § 60.5375, you must achieve and is connected through a closed vent the required emissions reductions with- system that meets the requirements of in 60 days after startup of production § 60.5411(c), and you must route emis- as defined in § 60.5430. sions to a control device that meets (ii) For each Group 1 storage vessel the conditions specified in § 60.5412(c) affected facility, you must achieve the and (d). As an alternative to routing required emissions reductions by April the closed vent system to a control de- 15, 2015. vice, you may route the closed vent (2) Maintain the uncontrolled actual system to a process. VOC emissions from the storage vessel (2) If you use a floating roof to reduce affected facility at less than 4 tpy emissions, you must meet the require- without considering control. Prior to ments of § 60.112b(a)(1) or (2) and the using the uncontrolled actual VOC relevant monitoring, inspection, rec- emission rate for compliance purposes, ordkeeping, and reporting require- you must demonstrate that the uncon- ments in 40 CFR part 60, subpart Kb.

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(f) Requirements for Group 1 and Group (h) Exemptions. This subpart does not 2 storage vessel affected facilities that are apply to storage vessels subject to and removed from service or returned to serv- controlled in accordance with the re- ice. If you remove a Group 1 or Group 2 quirements for storage vessels in 40 storage vessel affected facility from CFR part 60, subpart Kb, 40 CFR part service, you must comply with para- 63, subparts G, CC, HH, or WW. graphs (f)(1) through (3) of this section. [78 FR 58436, Sept. 23, 2013, as amended at 79 A Group 1 or Group 2 storage vessel is FR 79038, Dec. 31, 2014] not an affected facility under this subpart for the period that it is removed § 60.5400 What equipment leak stand- from service. ards apply to affected facilities at (1) For a storage vessel affected facil- an onshore natural gas processing ity to be removed from service, you plant? must comply with the requirements of This section applies to the group of paragraph (f)(1)(i) and (ii) of this sec- all equipment, except compressors, tion. within a process unit. (i) You must completely empty and (a) You must comply with the re- degas the storage vessel, such that the quirements of §§ 60.482–1a(a), (b), and storage vessel no longer contains crude (d), 60.482–2a, and 60.482–4a through oil, condensate, produced water or in- 60.482–11a, except as provided in termediate hydrocarbon liquids. A § 60.5401. storage vessel where liquid is left on (b) You may elect to comply with the walls, as bottom clingage or in pools requirements of §§ 60.483–1a and 60.483– due to floor irregularity is considered 2a, as an alternative. to be completely empty. (c) You may apply to the Adminis- (ii) You must submit a notification trator for permission to use an alter- as required in § 60.5420(b)(6)(vi) in your native means of emission limitation next annual report, identifying each that achieves a reduction in emissions storage vessel affected facility removed of VOC at least equivalent to that from service during the reporting pe- achieved by the controls required in riod and the date of its removal from this subpart according to the require- service. ments of § 60.5402 of this subpart. (d) You must comply with the provi- (2) If a storage vessel identified in sions of § 60.485a of this part except as paragraph (f)(1)(ii) of this section is re- provided in paragraph (f) of this sec- turned to service, you must determine tion. its affected facility status as provided (e) You must comply with the provi- in § 60.5365(e). sions of §§ 60.486a and 60.487a of this (3) For each storage vessel affected part except as provided in §§ 60.5401, facility returned to service during the 60.5421, and 60.5422 of this part. reporting period, you must submit a (f) You must use the following provi- notification in your next annual report sion instead of § 60.485a(d)(1): Each as required in § 60.5420(b)(6)(vii), identi- piece of equipment is presumed to be in fying each storage vessel affected facil- VOC service or in wet gas service unity and the date of its return to serv- less an owner or operator demonstrates ice. that the piece of equipment is not in (g) Compliance, notification, record- VOC service or in wet gas service. For keeping, and reporting. You must com- a piece of equipment to be considered ply with paragraphs (g)(1) through (3) not in VOC service, it must be deter- of this section. mined that the VOC content can be (1) You must demonstrate initial reasonably expected never to exceed compliance with standards as required 10.0 percent by weight. For a piece of by § 60.5410(h) and (i). equipment to be considered in wet gas (2) You must demonstrate continuous service, it must be determined that it compliance with standards as required contains or contacts the field gas be- by § 60.5415(e)(3). fore the extraction step in the process. (3) You must perform the required For purposes of determining the per- notification, recordkeeping and report- cent VOC content of the process fluid ing as required by § 60.5420. that is contained in or contacts a piece

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of equipment, procedures that conform field gas are exempt from the routine to the methods described in ASTM monitoring requirements of §§ 60.482– E169–93, E168–92, or E260–96 (incor- 2a(a)(1), 60.482–7a(a), 60.482–11a(a), and porated by reference as specified in paragraph (b)(1) of this section. § 60.17) must be used. (e) Pumps in light liquid service, valves in gas/vapor and light liquid § 60.5401 What are the exceptions to service, pressure relief devices in gas/ the equipment leak standards for vapor service, and connectors in gas/ affected facilities at onshore nat- vapor service and in light liquid service ural gas processing plants? within a process unit that is located in (a) You may comply with the fol- the Alaskan North Slope are exempt lowing exceptions to the provisions of from the routine monitoring require- § 60.5400(a) and (b). ments of §§ 60.482–2a(a)(1), 60.482–7a(a), (b)(1) Each pressure relief device in 60.482–11a(a), and paragraph (b)(1) of gas/vapor service may be monitored this section. quarterly and within 5 days after each (f) An owner or operator may use the pressure release to detect leaks by the following provisions instead of methods specified in § 60.485a(b) except § 60.485a(e): as provided in § 60.5400(c) and in para- (1) Equipment is in heavy liquid serv- graph (b)(4) of this section, and § 60.482– ice if the weight percent evaporated is 4a(a) through (c) of subpart VVa. 10 percent or less at 150 °C (302 °F) as (2) If an instrument reading of 500 determined by ASTM Method D86–96 ppm or greater is measured, a leak is (incorporated by reference as specified detected. in § 60.17). (3)(i) When a leak is detected, it must (2) Equipment is in light liquid serv- be repaired as soon as practicable, but ice if the weight percent evaporated is no later than 15 calendar days after it greater than 10 percent at 150 °C (302 is detected, except as provided in °F) as determined by ASTM Method § 60.482–9a. D86–96 (incorporated by reference as (ii) A first attempt at repair must be specified in § 60.17). made no later than 5 calendar days (g) An owner or operator may use the after each leak is detected. following provisions instead of (4)(i) Any pressure relief device that § 60.485a(b)(2): A calibration drift as- is located in a nonfractionating plant sessment shall be performed, at a min- that is monitored only by non-plant imum, at the end of each monitoring personnel may be monitored after a day. Check the instrument using the pressure release the next time the same calibration gas(es) that were used monitoring personnel are on-site, in- to calibrate the instrument before use. stead of within 5 days as specified in Follow the procedures specified in paragraph (b)(1) of this section and Method 21 of appendix A–7 of this part, § 60.482–4a(b)(1) of subpart VVa. Section 10.1, except do not adjust the (ii) No pressure relief device de- meter readout to correspond to the scribed in paragraph (b)(4)(i) of this calibration gas value. Record the in- section must be allowed to operate for strument reading for each scale used as more than 30 days after a pressure re- specified in § 60.486a(e)(8). Divide these lease without monitoring. readings by the initial calibration val- (c) Sampling connection systems are ues for each scale and multiply by 100 exempt from the requirements of to express the calibration drift as a § 60.482–5a. percentage. If any calibration drift as- (d) Pumps in light liquid service, sessment shows a negative drift of valves in gas/vapor and light liquid more than 10 percent from the initial service, pressure relief devices in gas/ calibration value, then all equipment vapor service, and connectors in gas/ monitored since the last calibration vapor service and in light liquid service with instrument readings below the ap- that are located at a nonfractionating propriate leak definition and above the plant that does not have the design ca- leak definition multiplied by (100 pacity to process 283,200 standard cubic minus the percent of negative drift/di- meters per day (scmd) (10 million vided by 100) must be re-monitored. If standard cubic feet per day) or more of any calibration drift assessment shows

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a positive drift of more than 10 percent port the finding in paragraph (a) of this from the initial calibration value, section. then, at the owner/operator’s discre- (2) If the applicant is an owner or option, all equipment since the last cali- erator of an affected facility, the appli- bration with instrument readings cant must commit in writing to oper- above the appropriate leak definition ate and maintain the alternative and below the leak definition multi- means so as to achieve a reduction in plied by (100 plus the percent of posi- VOC emissions at least equivalent to tive drift/divided by 100) may be re- the reduction in VOC emissions monitored. achieved under the design, equipment, [77 FR 49542, Aug. 16, 2012, as amended at 79 work practice or operational standard. FR 79038, Dec. 31, 2014] § 60.5405 What standards apply to § 60.5402 What are the alternative sweetening units at onshore natural emission limitations for equipment gas processing plants? leaks from onshore natural gas (a) During the initial performance processing plants? test required by § 60.8(b), you must (a) If, in the Administrator’s judg- achieve at a minimum, an SO2 emission ment, an alternative means of emission reduction efficiency (Zi) to be deter- limitation will achieve a reduction in mined from Table 1 of this subpart VOC emissions at least equivalent to based on the sulfur feed rate (X) and the reduction in VOC emissions the sulfur content of the acid gas (Y) of achieved under any design, equipment, the affected facility. work practice or operational standard, (b) After demonstrating compliance the Administrator will publish, in the with the provisions of paragraph (a) of FEDERAL REGISTER, a notice permitting this section, you must achieve at a the use of that alternative means for minimum, an SO2 emission reduction the purpose of compliance with that efficiency (Zc) to be determined from standard. The notice may condition Table 2 of this subpart based on the permission on requirements related to sulfur feed rate (X) and the sulfur con- the operation and maintenance of the tent of the acid gas (Y) of the affected alternative means. facility. (b) Any notice under paragraph (a) of this section must be published only § 60.5406 What test methods and proce- after notice and an opportunity for a dures must I use for my sweetening public hearing. units affected facilities at onshore (c) The Administrator will consider natural gas processing plants? applications under this section from ei- (a) In conducting the performance ther owners or operators of affected fa- tests required in § 60.8, you must use cilities, or manufacturers of control the test methods in appendix A of this equipment. part or other methods and procedures (d) The Administrator will treat ap- as specified in this section, except as plications under this section according provided in paragraph § 60.8(b). to the following criteria, except in (b) During a performance test re- cases where the Administrator con- quired by § 60.8, you must determine cludes that other criteria are appro- the minimum required reduction effi- priate: ciencies (Z) of SO2 emissions as re- (1) The applicant must collect, verify quired in § 60.5405(a) and (b) as follows: and submit test data, covering a period (1) The average sulfur feed rate (X) of at least 12 months, necessary to sup- must be computed as follows:

Where: Qa = average volumetric flow rate of acid gas X = average sulfur feed rate, Mg/D (LT/D). from sweetening unit, dscm/day (dscf/ day).

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Y = average H2S concentration in acid gas ple per hour (at equally spaced inter- feed from sweetening unit, percent by vals) must be taken during each 4-hour volume, expressed as a decimal. run. The arithmetic mean of all sam- K = (32 kg S/kg-mole)/((24.04 dscm/kg- ples must be the average H2S con- mole)(1000 kg S/Mg)). centration (Y) on a dry basis for the × ¥3 = 1.331 10 Mg/dscm, for metric units. run. By multiplying the result from = (32 lb S/lb-mole)/((385.36 dscf/lb-mole)(2240 × ¥3 lb S/long ton)). the Tutwiler procedure by 1.62 10 , the units gr/100 scf are converted to = 3.707 × 10¥5 long ton/dscf, for English units. volume percent. (2) You must use the continuous (4) Using the information from para- readings from the process flowmeter to graphs (b)(1) and (b)(3) of this section, determine the average volumetric flow Tables 1 and 2 of this subpart must be rate (Qa) in dscm/day (dscf/day) of the used to determine the required initial acid gas from the sweetening unit for (Zi) and continuous (Zc) reduction effi- each run. ciencies of SO2 emissions. (3) You must use the Tutwiler proce- (c) You must determine compliance dure in § 60.5408 or a chromatographic with the SO2 standards in § 60.5405(a) or procedure following ASTM E260–96 (in- (b) as follows: corporated by reference as specified in (1) You must compute the emission § 60.17) to determine the H2S concentra- reduction efficiency (R) achieved by tion in the acid gas feed from the the sulfur recovery technology for each sweetening unit (Y). At least one sam- run using the following equation:

(2) You must use the level indicators sulfur density at the storage tempera- or manual soundings to measure the ture, and sample duration to determine liquid sulfur accumulation rate in the the sulfur production rate (S) in kg/hr product storage vessels. You must use (lb/hr) for each run. readings taken at the beginning and (3) You must compute the emission end of each run, the tank geometry, rate of sulfur for each run as follows:

Where: section, you must use a sampling time E = emission rate of sulfur per run, kg/hr. of at least 4 hours. You must use Meth- 2∂ Ce = concentration of sulfur equivalent (SO od 1 of appendix A to part 60 of this reduced sulfur), g/dscm (lb/dscf). chapter to select the sampling site. Qsd = volumetric flow rate of effluent gas, The sampling point in the duct must be dscm/hr (dscf/hr). at the centroid of the cross-section if K1 = conversion factor, 1000 g/kg (7000 gr/lb). the area is less than 5 m2 (54 ft2) or at

(4) The concentration (Ce) of sulfur a point no closer to the walls than 1 m 2 equivalent must be the sum of the SO2 (39 in) if the cross-sectional area is 5 m and TRS concentrations, after being or more, and the centroid is more than converted to sulfur equivalents. For 1 m (39 in.) from the wall. each run and each of the test methods specified in this paragraph (c) of this

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(i) You must use Method 6 of appen- (3.5 dscf) and 10 minutes at the begin- dix A to part 60 of this chapter to de- ning of the 4-hour run and near the end termine the SO2 concentration. You of the time period. The arithmetic av- must take eight samples of 20 minutes erage of the two runs must be the each at 30-minute intervals. The arith- moisture content for the run. metic average must be the concentration for the run. The concentration § 60.5407 What are the requirements must be multiplied by 0.5 × 10¥3 to con- for monitoring of emissions and operations from my sweetening unit vert the results to sulfur equivalent. affected facilities at onshore nat- (ii) You must use Method 15 of appen- ural gas processing plants? dix A to part 60 of this chapter to de- (a) If your sweetening unit affected termine the TRS concentration from facility is located at an onshore nat- reduction-type devices or where the ox- ural gas processing plant and is subject ygen content of the effluent gas is less to the provisions of § 60.5405(a) or (b) than 1.0 percent by volume. The sam- you must install, calibrate, maintain, pling rate must be at least 3 liters/min and operate monitoring devices or per- (0.1 ft3/min) to insure minimum resi- form measurements to determine the dence time in the sample line. You following operations information on a must take sixteen samples at 15- daily basis: minute intervals. The arithmetic aver- (1) The accumulation of sulfur product age of all the samples must be the con- over each 24-hour period. The moni- centration for the run. The concentra- toring method may incorporate the use tion in ppm reduced sulfur as sulfur of an instrument to measure and × ¥3 must be multiplied by 1.333 10 to record the liquid sulfur production convert the results to sulfur equiva- rate, or may be a procedure for meas- lent. uring and recording the sulfur liquid (iii) You must use Method 16A or levels in the storage vessels with a Method 15 of appendix A to part 60 of level indicator or by manual soundings, this chapter or ANSI/ASME PTC 19.10– with subsequent calculation of the sul- 1981, Part 10 (manual portion only) (in- fur production rate based on the tank corporated by reference as specified in geometry, stored sulfur density, and § 60.17) to determine the reduced sulfur elapsed time between readings. The concentration from oxidation-type de- method must be designed to be accu- vices or where the oxygen content of rate within ±2 percent of the 24-hour the effluent gas is greater than 1.0 per- sulfur accumulation. cent by volume. You must take eight (2) The H2S concentration in the acid samples of 20 minutes each at 30- gas from the sweetening unit for each 24- minute intervals. The arithmetic aver- hour period. At least one sample per 24- age must be the concentration for the hour period must be collected and ana- run. The concentration in ppm reduced lyzed using the equation specified in sulfur as sulfur must be multiplied by § 60.5406(b)(1). The Administrator may 1.333 × 10¥3 to convert the results to require you to demonstrate that the sulfur equivalent. H2S concentration obtained from one (iv) You must use Method 2 of appen- or more samples over a 24-hour period dix A to part 60 of this chapter to de- is within ±20 percent of the average of termine the volumetric flow rate of the 12 samples collected at equally spaced effluent gas. A velocity traverse must intervals during the 24-hour period. In be conducted at the beginning and end instances where the H2S concentration of each run. The arithmetic average of of a single sample is not within ±20 per- the two measurements must be used to cent of the average of the 12 equally calculate the volumetric flow rate (Qsd) spaced samples, the Administrator may for the run. For the determination of require a more frequent sampling the effluent gas molecular weight, a schedule. single integrated sample over the 4- (3) The average acid gas flow rate from hour period may be taken and analyzed the sweetening unit. You must install or grab samples at 1-hour intervals and operate a monitoring device to may be taken, analyzed, and averaged. continuously measure the flow rate of For the moisture content, you must acid gas. The monitoring device read- take two samples of at least 0.10 dscm ing must be recorded at least once per

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hour during each 24-hour period. The used to demonstrate that sulfur dioxide average acid gas flow rate must be emission monitoring is sufficient to de- computed from the individual readings. termine total sulfur emissions. At all (4) The sulfur feed rate (X). For each times during the operation of the facil- 24-hour period, you must compute X ity, you must maintain the average using the equation specified in temperature of the gas leaving the § 60.5406(b)(1). combustion zone of the incinerator at (5) The required sulfur dioxide emission or above the appropriate level deter- reduction efficiency for the 24-hour pe- mined during the most recent perform- riod. You must use the sulfur feed rate ance test to ensure the sulfur com- and the H2S concentration in the acid pound oxidation criteria are met. Oper- gas for the 24-hour period, as applica- ation at lower average temperatures ble, to determine the required reduc- may be considered by the Adminis- tion efficiency in accordance with the trator to be unacceptable operation provisions of § 60.5405(b). and maintenance of the affected facil- (b) Where compliance is achieved ity. You may request that the min- through the use of an oxidation control imum incinerator temperature be rees- system or a reduction control system tablished by conducting new perform- followed by a continually operated in- ance tests under § 60.8. cineration device, you must install, (4) Upon promulgation of a perform- calibrate, maintain, and operate moni- ance specification of continuous monitoring devices and continuous emission toring systems for total reduced sulfur monitors as follows: compounds at sulfur recovery plants, (1) A continuous monitoring system to you may, as an alternative to para- measure the total sulfur emission rate (E) graph (b)(2) of this section, install, of SO in the gases discharged to the at- 2 calibrate, maintain, and operate a con- mosphere. The SO2 emission rate must be expressed in terms of equivalent sul- tinuous emission monitoring system fur mass flow rates (kg/hr (lb/hr)). The for total reduced sulfur compounds as span of this monitoring system must required in paragraph (d) of this sec- be set so that the equivalent emission tion in addition to a sulfur dioxide limit of § 60.5405(b) will be between 30 emission monitoring system. The sum percent and 70 percent of the measure- of the equivalent sulfur mass emission ment range of the instrument system. rates from the two monitoring systems (2) Except as provided in paragraph must be used to compute the total sul- (b)(3) of this section: A monitoring de- fur emission rate (E). vice to measure the temperature of the (c) Where compliance is achieved gas leaving the combustion zone of the through the use of a reduction control incinerator, if compliance with system not followed by a continually § 60.5405(a) is achieved through the use operated incineration device, you must of an oxidation control system or a re- install, calibrate, maintain, and oper- duction control system followed by a ate a continuous monitoring system to continually operated incineration de- measure the emission rate of reduced vice. The monitoring device must be sulfur compounds as SO2 equivalent in certified by the manufacturer to be ac- the gases discharged to the atmos- curate to within ±1 percent of the tem- phere. The SO2 equivalent compound perature being measured. emission rate must be expressed in (3) When performance tests are con- terms of equivalent sulfur mass flow ducted under the provision of § 60.8 to rates (kg/hr (lb/hr)). The span of this demonstrate compliance with the monitoring system must be set so that standards under § 60.5405, the tempera- the equivalent emission limit of ture of the gas leaving the incinerator § 60.5405(b) will be between 30 and 70 combustion zone must be determined percent of the measurement range of using the monitoring device. If the vol- the system. This requirement becomes umetric ratio of sulfur dioxide to sulfur effective upon promulgation of a per- dioxide plus total reduced sulfur (ex- formance specification for continuous pressed as SO2) in the gas leaving the monitoring systems for total reduced incinerator is equal to or less than 0.98, sulfur compounds at sulfur recovery then temperature monitoring may be plants.

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(d) For those sources required to systems specified in paragraphs (b) or comply with paragraph (b) or (c) of this (c) of this section to calculate a 24-hour section, you must calculate the aver- average for the sulfur emission rate age sulfur emission reduction effi- (E). The monitoring system must pro- ciency achieved (R) for each 24-hour vide at least one data point in each clock interval. The 24-hour interval successive 15-minute interval. You may begin and end at any selected must use at least two data points to clock time, but must be consistent. calculate each 1-hour average. You You must compute the 24-hour average must use a minimum of 18 1-hour aver- reduction efficiency (R) based on the ages to compute each 24-hour average. 24-hour average sulfur production rate (S) and sulfur emission rate (E), using (e) In lieu of complying with para- the equation in § 60.5406(c)(1). graphs (b) or (c) of this section, those (1) You must use data obtained from sources with a design capacity of less the sulfur production rate monitoring than 152 Mg/D (150 LT/D) of H2S ex- device specified in paragraph (a) of this pressed as sulfur may calculate the sul- section to determine S. fur emission reduction efficiency (2) You must use data obtained from achieved for each 24-hour period by: the sulfur emission rate monitoring

Where: § 60.5408 What is an optional proce- R = The sulfur dioxide removal efficiency dure for measuring hydrogen sul- achieved during the 24-hour period, per- fide in acid gas—Tutwiler Proce- cent. dure? K2 = Conversion factor, 0.02400 Mg/D per kg/ The Tutwiler procedure may be found hr (0.01071 LT/D per lb/hr). in the Gas Engineers Handbook, Fuel S = The sulfur production rate during the 24- Gas Engineering practices, The Indus- hour period, kg/hr (lb/hr). trial Press, 93 Worth Street, New York, X = The sulfur feed rate in the acid gas, Mg/ NY, 1966, First Edition, Second Print- D (LT/D). ing, page 6/25 (Docket A–80–20–A, Entry (f) The monitoring devices required II–I–67). in paragraphs (b)(1), (b)(3) and (c) of (a) When an instantaneous sample is this section must be calibrated at least desired and H2S concentration is ten annually according to the manufactur- grains per 1000 cubic foot or more, a 100 ml Tutwiler burette is used. For con- er’s specifications, as required by centrations less than ten grains, a 500 § 60.13(b). ml Tutwiler burette and more dilute (g) The continuous emission moni- solutions are used. In principle, this toring systems required in paragraphs method consists of titrating hydrogen (b)(1), (b)(3), and (c) of this section sulfide in a gas sample directly with a must be subject to the emission moni- standard solution of iodine. toring requirements of § 60.13 of the (b) Apparatus. (See Figure 1 of this General Provisions. For conducting the subpart) A 100 or 500 ml capacity continuous emission monitoring sys- Tutwiler burette, with two-way glass tem performance evaluation required stopcock at bottom and three-way by § 60.13(c), Performance Specification stopcock at top which connect either 2 of appendix B to part 60 of this chap- with inlet tubulature or glass- ter must apply, and Method 6 must be stoppered cylinder, 10 ml capacity, used for systems required by paragraph graduated in 0.1 ml subdivision; rubber (b) of this section. tubing connecting burette with leveling bottle. (c) Reagents. (1) Iodine stock solution, 0.1N. Weight 12.7 g iodine, and 20 to 25

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g cp potassium iodide for each liter of level down to 10 ml mark by lowering solution. Dissolve KI in as little water (L). Close (G), clamp rubber tubing as necessary; dissolve iodine in con- near (E) and disconnect it from bu- centrated KI solution, make up to rette. Rinse graduated cylinder with a proper volume, and store in glass- standard iodine solution (0.00171 g I per stoppered brown glass bottle. ml); fill cylinder and record reading. (2) Standard iodine solution, 1 ml = Introduce successive small amounts of 0.001771 g I. Transfer 33.7 ml of above iodine thru (F); shake well after each 0.1N stock solution into a 250 ml volu- addition; continue until a faint perma- metric flask; add water to mark and nent blue color is obtained. Record mix well. Then, for 100 ml sample of reading; subtract from previous read- gas, 1 ml of standard iodine solution is ing, and call difference D. equivalent to 100 grains H S per cubic 2 (e) With every fresh stock of starch feet of gas. solution perform a blank test as fol- (3) Starch solution. Rub into a thin lows: Introduce fresh starch solution paste about one teaspoonful of wheat starch with a little water; pour into into burette up to 100 ml mark. Close about a pint of boiling water; stir; let (F) and (G). Lower (L) and open (G). cool and decant off clear solution. When liquid level reaches the 10 ml Make fresh solution every few days. mark, close (G). With air in burette, ti- (d) Procedure. Fill leveling bulb with trate as during a test and up to same starch solution. Raise (L), open cock end point. Call ml of iodine used C. (G), open (F) to (A), and close (F) when Then, Grains H2S per 100 cubic foot of solutions starts to run out of gas inlet. gas = 100(D–C) Close (G). Purge gas sampling line and (f) Greater sensitivity can be at- connect with (A). Lower (L) and open tained if a 500 ml capacity Tutwiler bu- (F) and (G). When liquid level is several rette is used with a more dilute (0.001N) ml past the 100 ml mark, close (G) and iodine solution. Concentrations less (F), and disconnect sampling tube. than 1.0 grains per 100 cubic foot can be Open (G) and bring starch solution to determined in this way. Usually, the 100 ml mark by raising (L); then close starch-iodine end point is much less (G). Open (F) momentarily, to bring distinct, and a blank determination of gas in burette to atmospheric pressure, end point, with H2S-free gas or air, is and close (F). Open (G), bring liquid required.

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§ 60.5410 How do I demonstrate initial equipment connected and operating at compliance with the standards for each well completion operation with a my gas well affected facility, my photograph of a separately operating centrifugal compressor affected fa- GIS device within the same digital pic- cility, my reciprocating compressor ture, provided the latitude and lon- affected facility, my pneumatic controller affected facility, my storage gitude output of the GIS unit can be vessel affected facility, and my clearly read in the digital photograph. equipment leaks and sweetening (b)(1) To achieve initial compliance unit affected facilities at onshore with standards for your centrifugal natural gas processing plants? compressor affected facility you must You must determine initial compli- reduce VOC emissions from each cen- ance with the standards for each af- trifugal compressor wet seal fluid fected facility using the requirements degassing system by 95.0 percent or in paragraphs (a) through (i) of this greater as required by § 60.5380 and as section. The initial compliance period demonstrated by the requirements of begins on October 15, 2012, or upon ini- § 60.5413. tial startup, whichever is later, and (2) If you use a control device to re- ends no later than one year after the duce emissions, you must equip the wet initial startup date for your affected seal fluid degassing system with a facility or no later than one year after cover that meets the requirements of October 15, 2012. The initial compliance § 60.5411(b) that is connected through a period may be less than one full year. closed vent system that meets the re- (a) To achieve initial compliance quirements of § 60.5411(a) and is routed with the standards for each well com- to a control device that meets the con- pletion operation conducted at your ditions specified in § 60.5412(a), (b) and gas well affected facility you must (c). As an alternative to routing the comply with paragraphs (a)(1) through closed vent system to a control device, (a)(4) of this section. you may route the closed vent system (1) You must submit the notification to a process. required in § 60.5420(a)(2). (3) You must conduct an initial per- (2) You must submit the initial an- formance test as required in § 60.5413 nual report for your well affected facil- within 180 days after initial startup or ity as required in § 60.5420(b). by October 15, 2012, whichever is later, (3) You must maintain a log of and you must comply with the contin- records as specified in § 60.5420(c)(1)(i) uous compliance requirements in through (iv) for each well completion § 60.5415(b)(1) through (3). operation conducted during the initial (4) You must conduct the initial in- compliance period. spections required in § 60.5416(a) and (4) For each gas well affected facility (b). subject to both § 60.5375(a)(1) and (3), as (5) You must install and operate the an alternative to retaining the records continuous parameter monitoring sys- specified in § 60.5420(c)(1)(i) through tems in accordance with § 60.5417(a) (iv), you may maintain records of one through (g), as applicable. or more digital photographs with the (6) [Reserved] date the photograph was taken and the (7) You must submit the initial an- latitude and longitude of the well site nual report for your centrifugal com- imbedded within or stored with the dig- pressor affected facility as required in ital file showing the equipment for § 60.5420(b)(3) for each centrifugal com- storing or re-injecting recovered liquid, pressor affected facility. equipment for routing recovered gas to (8) You must maintain the records as the gas flow line and the completion specified in § 60.5420(c)(2). combustion device (if applicable) con- (c) To achieve initial compliance nected to and operating at each gas with the standards for each recipro- well completion operation that oc- cating compressor affected facility you curred during the initial compliance must comply with paragraphs (c)(1) period. As an alternative to imbedded through (4) of this section. latitude and longitude within the dig- (1) If complying with § 60.5385(a)(1) or ital photograph, the digital photograph (2), during the initial compliance pe- may consist of a photograph of the riod, you must continuously monitor

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the number of hours of operation or (6) You must maintain the records as track the number of months since the specified in § 60.5420(c)(4) for each pneu- last rod packing replacement. matic controller affected facility. (2) If complying with § 60.5385(a)(3), (e) [Reserved] you must operate the rod packing (f) For affected facilities at onshore emissions collection system under neg- natural gas processing plants, initial ative pressure and route emissions to a compliance with the VOC requirements process through a closed vent system is demonstrated if you are in compli- that meets the requirements of ance with the requirements of § 60.5400. § 60.5411(a). (g) For sweetening unit affected fa- (3) You must submit the initial an- cilities at onshore natural gas proc- nual report for your reciprocating com- essing plants, initial compliance is pressor as required in § 60.5420(b). demonstrated according to paragraphs (4) You must maintain the records as (g)(1) through (3) of this section. specified in § 60.5420(c)(3) for each recip- (1) To determine compliance with the rocating compressor affected facility. standards for SO2 specified in (d) To achieve initial compliance § 60.5405(a), during the initial perform- with emission standards for your pneu- ance test as required by § 60.8, the min- matic controller affected facility you imum required sulfur dioxide emission must comply with the requirements reduction efficiency (Z ) is compared to specified in paragraphs (d)(1) through i the emission reduction efficiency (R) (6) of this section, as applicable. achieved by the sulfur recovery tech- (1) You must demonstrate initial nology as specified in paragraphs compliance by maintaining records as (g)(1)(i) and (ii) of this section. specified in § 60.5420(c)(4)(ii) of your de- ≥ termination that the use of a pneu- (i) If R Zi, your affected facility is matic controller affected facility with in compliance. a bleed rate greater than 6 standard (ii) If R < Zi, your affected facility is cubic feet of gas per hour is required as not in compliance. specified in § 60.5390(a). (2) The emission reduction efficiency (2) You own or operate a pneumatic (R) achieved by the sulfur reduction controller affected facility located at a technology must be determined using natural gas processing plant and your the procedures in § 60.5406(c)(1). pneumatic controller is driven by a gas (3) You have submitted the results of other than natural gas and therefore paragraphs (g)(1) and (2) of this section emits zero natural gas. in the initial annual report submitted (3) You own or operate a pneumatic for your sweetening unit affected fa- controller affected facility located be- cilities at onshore natural gas proc- tween the wellhead and a natural gas essing plants. processing plant and the manufactur- (h) For each storage vessel affected er’s design specifications indicate that facility, you must comply with para- the controller emits less than or equal graphs (h)(1) through (5) of this section. to 6 standard cubic feet of gas per hour. For a Group 1 storage vessel affected (4) You must tag each new pneumatic facility, you must demonstrate initial controller affected facility according compliance by April 15, 2015, except as to the requirements of § 60.5390(b)(2) or otherwise provided in paragraph (i) of (c)(2). this section. For a Group 2 storage ves- (5) You must include the information sel affected facility, you must dem- in paragraph (d)(1) of this section and a onstrate initial compliance by April 15, listing of the pneumatic controller af- 2014, or within 60 days after startup, fected facilities specified in paragraphs (d)(2) and (3) of this section in the ini- whichever is later. tial annual report submitted for your (1) You must determine the potential pneumatic controller affected facilities VOC emission rate as specified in constructed, modified or reconstructed § 60.5365(e). during the period covered by the an- (2) You must reduce VOC emissions nual report according to the require- in accordance with § 60.5395(d). ments of § 60.5420(b).

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(3) If you use a control device to re- a portion of the gases, vapors, or fumes duce emissions, or if you route emis- from entering the control device. sions to a process, you must dem- (i) Except as provided in paragraph onstrate initial compliance by meeting (a)(3)(ii) of this section, you must com- the requirements in § 60.5395(e). ply with either paragraph (a)(3)(i)(A) or (4) You must submit the information (B) of this section for each bypass de- required for your storage vessel af- vice. fected facility as specified in (A) You must properly install, cali- § 60.5420(b). brate, maintain, and operate a flow in- (5) You must maintain the records re- dicator at the inlet to the bypass de- quired for your storage vessel affected vice that could divert the stream away facility, as specified in § 60.5420(c)(5) from the control device or process to through (8) and § 60.5420(c)(12) and (13) the atmosphere that is capable of tak- for each storage vessel affected facil- ing periodic readings as specified in ity. § 60.5416(a)(4) and either sounds an (i) For each Group 1 storage vessel af- alarm, or initiates notification via re- fected facility, you must submit the mote alarm to the nearest field office, notification specified in § 60.5395(b)(2) when the bypass device is open such with the initial annual report specified that the stream is being, or could be, in § 60.5420(b)(6). diverted away from the control device [77 FR 49542, Aug. 16, 2012, as amended at 78 or process to the atmosphere. You FR 58437, Sept. 23, 2013; 79 FR 79038, Dec. 31, must maintain records of each time the 2014; 81 FR 35896, June 3, 2016] alarm is activated according to § 60.5420(c)(8). § 60.5411 What additional require- (B) You must secure the bypass de- ments must I meet to determine ini- vice valve installed at the inlet to the tial compliance for my covers and closed vent systems routing mate- bypass device in the non-diverting posi- rials from storage vessels, recipro- tion using a car-seal or a lock-and-key cating compressors and centrifugal type configuration. compressor wet seal degassing sys- (ii) Low leg drains, high point bleeds, tems? analyzer vents, open-ended valves or You must meet the applicable re- lines, and safety devices are not sub- quirements of this section for each ject to the requirements of paragraph cover and closed vent system used to (a)(3)(i) of this section. comply with the emission standards for (b) Cover requirements for storage ves- your storage vessel, reciprocating com- sels and centrifugal compressor wet seal pressor or centrifugal compressor af- degassing systems. (1) The cover and all fected facility. openings on the cover (e.g., access (a) Closed vent system requirements for hatches, sampling ports, pressure relief reciprocating compressors and for cen- valves and gauge wells) shall form a trifugal compressor wet seal degassing continuous impermeable barrier over systems. (1) You must design the closed the entire surface area of the liquid in vent system to route all gases, vapors, the storage vessel or wet seal fluid and fumes emitted from the material degassing system. in the reciprocating compressor rod (2) Each cover opening shall be se- packing emissions collection system or cured in a closed, sealed position (e.g., the wet seal fluid degassing system to covered by a gasketed lid or cap) when- a control device or to a process that ever material is in the unit on which meets the requirements specified in the cover is installed except during § 60.5412(a) through (c). those times when it is necessary to use (2) You must design and operate the an opening as follows: closed vent system with no detectable (i) To add material to, or remove ma- emissions as demonstrated by terial from the unit (this includes § 60.5416(b). openings necessary to equalize or bal- (3) You must meet the requirements ance the internal pressure of the unit specified in paragraphs (a)(3)(i) and (ii) following changes in the level of the of this section if the closed vent sys- material in the unit); tem contains one or more bypass de- (ii) To inspect or sample the material vices that could be used to divert all or in the unit;

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(iii) To inspect, maintain, repair, or vice or process to the atmosphere. You replace equipment located inside the must maintain records of each time the unit; or alarm is activated according to (iv) To vent liquids, gases, or fumes § 60.5420(c)(8). from the unit through a closed-vent (B) You must secure the bypass de- system designed and operated in ac- vice valve installed at the inlet to the cordance with the requirements of bypass device in the non-diverting posi- paragraph (a) or (c) of this section to a tion using a car-seal or a lock-and-key control device or to a process. type configuration. (3) Each storage vessel thief hatch (ii) Low leg drains, high point bleeds, shall be equipped, maintained and op- analyzer vents, open-ended valves or erated with a weighted mechanism or lines, and safety devices are not sub- equivalent, to ensure that the lid re- ject to the requirements of paragraph mains properly seated. You must select (c)(3)(i) of this section. gasket material for the hatch based on composition of the fluid in the storage [77 FR 49542, Aug. 16, 2012, as amended at 78 vessel and weather conditions. FR 58438, Sept. 23, 2013; 79 FR 79038, Dec. 31, (c) Closed vent system requirements for 2014; 81 FR 35896, June 3, 2016] storage vessel affected facilities using a control device or routing emissions to a § 60.5412 What additional requirements must I meet for determining process. (1) You must design the closed initial compliance with control de- vent system to route all gases, vapors, vices used to comply with the emis- and fumes emitted from the material sion standards for my storage ves- in the storage vessel to a control de- sel or centrifugal compressor af- vice that meets the requirements spec- fected facility? ified in § 60.5412(c) and (d), or to a proc- You must meet the applicable re- ess. quirements of this section for each con- (2) You must design and operate a trol device used to comply with the closed vent system with no detectable emission standards for your storage emissions, as determined using olfac- vessel or centrifugal compressor af- tory, visual and auditory inspections. fected facility. Each closed vent system that routes (a) Each control device used to meet emissions to a process must be oper- the emission reduction standard in ational 95 percent of the year or great- § 60.5380(a)(1) for your centrifugal com- er. pressor affected facility must be in- (3) You must meet the requirements stalled according to paragraphs (a)(1) specified in paragraphs (c)(3)(i) and (ii) through (3) of this section. As an alter- of this section if the closed vent sys- native, you may install a control de- tem contains one or more bypass devices that could be used to divert all or vice model tested under § 60.5413(d), a portion of the gases, vapors, or fumes which meets the criteria in from entering the control device or to § 60.5413(d)(11) and § 60.5413(e). a process. (1) Each combustion device (e.g., (i) Except as provided in paragraph thermal vapor incinerator, catalytic (c)(3)(ii) of this section, you must com- vapor incinerator, boiler, or process ply with either paragraph (c)(3)(i)(A) or heater) must be designed and operated (B) of this section for each bypass de- in accordance with one of the perform- vice. ance requirements specified in para- (A) You must properly install, cali- graphs (a)(1)(i) through (iv) of this sec- brate, maintain, and operate a flow in- tion. dicator at the inlet to the bypass de- (i) You must reduce the mass content vice that could divert the stream away of VOC in the gases vented to the de- from the control device or process to vice by 95.0 percent by weight or great- the atmosphere and that either sounds er as determined in accordance with an alarm, or initiates notification via the requirements of § 60.5413. remote alarm to the nearest field of- (ii) You must reduce the concentra- fice, when the bypass device is open tion of TOC in the exhaust gases at the such that the stream is being, or could outlet to the device to a level equal to be, diverted away from the control de- or less than 275 parts per million by

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volume as propane on a wet basis cor- the carbon in accordance with the re- rected to 3 percent oxygen as deter- quirements specified in paragraphs mined in accordance with the require- (c)(1) or (2) of this section. ments of § 60.5413. (1) Following the initial startup of (iii) You must operate at a minimum the control device, you must replace temperature of 760 °C for a control de- all carbon in the control device with vice that can demonstrate a uniform fresh carbon on a regular, predeter- combustion zone temperature during mined time interval that is no longer the performance test conducted under than the carbon service life established § 60.5413. according to § 60.5413(c)(2) or (3) or ac- (iv) If a boiler or process heater is cording to the design required in para- used as the control device, then you graph (d)(2) of this section, for the car- must introduce the vent stream into bon adsorption system. You must the flame zone of the boiler or process maintain records identifying the sched- heater. ule for replacement and records of each (2) Each vapor recovery device (e.g., carbon replacement as required in carbon adsorption system or con- § 60.5420(c)(10) and (12). denser) or other non-destructive con- (2) You must either regenerate, reac- trol device must be designed and oper- tivate, or burn the spent carbon re- ated to reduce the mass content of VOC moved from the carbon adsorption sys- in the gases vented to the device by tem in one of the units specified in 95.0 percent by weight or greater as de- paragraphs (c)(2)(i) through (vii) of this termined in accordance with the re- section. quirements of § 60.5413. As an alter- (i) Regenerate or reactivate the spent native to the performance testing re- carbon in a thermal treatment unit for quirements, you may demonstrate ini- which you have been issued a final per- tial compliance by conducting a design mit under 40 CFR part 270 that imple- analysis for vapor recovery devices ac- ments the requirements of 40 CFR part cording to the requirements of 264, subpart X. § 60.5413(c). (3) You must design and operate a (ii) Regenerate or reactivate the flare in accordance with the require- spent carbon in a thermal treatment ments of § 60.5413. unit equipped with and operating air (b) You must operate each control de- emission controls in accordance with vice installed on your centrifugal com- this section. pressor affected facility in accordance (iii) Regenerate or reactivate the with the requirements specified in spent carbon in a thermal treatment paragraphs (b)(1) and (2) of this section. unit equipped with and operating or- (1) You must operate each control de- ganic air emission controls in accord- vice used to comply with this subpart ance with an emissions standard for at all times when gases, vapors, and VOC under another subpart in 40 CFR fumes are vented from the wet seal part 60 or this part. fluid degassing system affected facil- (iv) Burn the spent carbon in a haz- ity, as required under § 60.5380(a), ardous waste incinerator for which the through the closed vent system to the owner or operator has been issued a control device. You may vent more final permit under 40 CFR part 270 that than one affected facility to a control implements the requirements of 40 CFR device used to comply with this subpart 264, subpart O. part. (v) Burn the spent carbon in a haz- (2) For each control device monitored ardous waste incinerator which you in accordance with the requirements of have designed and operated in accord- § 60.5417(a) through (g), you must dem- ance with the requirements of 40 CFR onstrate compliance according to the part 265, subpart O. requirements of § 60.5415(b)(2), as appli- (vi) Burn the spent carbon in a boiler cable. or industrial furnace for which you (c) For each carbon adsorption sys- have been issued a final permit under tem used as a control device to meet 40 CFR part 270 that implements the the requirements of paragraph (a)(2) or requirements of 40 CFR part 266, sub- (d)(2) of this section, you must manage part H.

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(vii) Burn the spent carbon in a boil- (iv) Each enclosed combustion con- er or industrial furnace that you have trol device (e.g., thermal vapor inciner- designed and operated in accordance ator, catalytic vapor incinerator, boil- with the interim status requirements er, or process heater) must be designed of 40 CFR part 266, subpart H. and operated in accordance with one of (d) Each control device used to meet the performance requirements specified the emission reduction standard in in paragraphs (d)(1)(iv)(A) through (D) § 60.5395(d) for your storage vessel af- of this section. fected facility must be installed ac- (A) You must reduce the mass con- cording to paragraphs (d)(1) through (3) tent of VOC in the gases vented to the of this section, as applicable. As an al- device by 95.0 percent by weight or ternative to paragraph (d)(1) of this greater as determined in accordance section, you may install a control de- with the requirements of § 60.5413. vice model tested under § 60.5413(d), (B) You must reduce the concentra- which meets the criteria in tion of TOC in the exhaust gases at the § 60.5413(d)(11) and § 60.5413(e). outlet to the device to a level equal to (1) Each enclosed combustion device or less than 275 parts per million by (e.g., thermal vapor incinerator, cata- volume as propane on a wet basis cor- lytic vapor incinerator, boiler, or proc- rected to 3 percent oxygen as deter- ess heater) must be designed to reduce the mass content of VOC emissions by mined in accordance with the require- 95.0 percent or greater. Each flare must ments of § 60.5413. be designed and operated in accordance (C) You must operate at a minimum with the requirements of § 60.5413(a)(1). temperature of 760 °Celsius, provided You must follow the requirements in the control device has demonstrated, paragraphs (d)(1)(i) through (iv) of this during the performance test conducted section. under § 60.5413, that combustion zone (i) Ensure that each enclosed com- temperature is an indicator of destruc- bustion device is maintained in a leak tion efficiency. free condition. (D) If a boiler or process heater is (ii) Install and operate a continuous used as the control device, then you burning pilot flame. must introduce the vent stream into (iii) Operate the enclosed combustion the flame zone of the boiler or process device with no visible emissions, ex- heater. cept for periods not to exceed a total of (2) Each vapor recovery device (e.g., one minute during any 15 minute pe- carbon adsorption system or con- riod. A visible emissions test using sec- denser) or other non-destructive con- tion 11 of EPA Method 22, 40 CFR part trol device must be designed and oper- 60, appendix A, must be performed at ated to reduce the mass content of VOC least once every calendar month, sepa- in the gases vented to the device by rated by at least 15 days between each 95.0 percent by weight or greater. A test. The observation period shall be 15 carbon replacement schedule must be minutes. Devices failing the visible included in the design of the carbon ad- emissions test must follow manufac- sorption system. turer’s repair instructions, if available, (3) You must operate each control de- or best combustion engineering prac- vice used to comply with this subpart tice as outlined in the unit inspection at all times when gases, vapors, and and maintenance plan, to return the fumes are vented from the storage ves- unit to compliant operation. All in- sel affected facility through the closed spection, repair and maintenance ac- vent system to the control device. You tivities for each unit must be recorded may vent more than one affected facil- in a maintenance and repair log and ity to a control device used to comply must be available for inspection. Fol- with this subpart. lowing return to operation from maintenance or repair activity, each device [77 FR 49542, Aug. 16, 2012, as amended at 78 must pass a Method 22, 40 CFR part 60, FR 58438, Sept. 23, 2013; 79 FR 79039, Dec. 31, appendix A, visual observation as de- 2014; 81 FR 35897, June 3, 2016] scribed in this paragraph.

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§ 60.5413 What are the performance quirements of 40 CFR part 265, subpart testing procedures for control de- O. vices used to demonstrate compli- (6) A performance test is waived in ance at my storage vessel or cen- accordance with § 60.8(b). trifugal compressor affected facil- (7) A control device whose model can ity? be demonstrated to meet the perform- This section applies to the performance requirements of § 60.5412(a) ance testing of control devices used to through a performance test conducted demonstrate compliance with the emis- by the manufacturer, as specified in sions standards for your centrifugal paragraph (d) of this section. compressor affected facility. You must (b) Test methods and procedures. You demonstrate that a control device must use the test methods and proce- achieves the performance requirements dures specified in paragraphs (b)(1) of § 60.5412(a) using the performance through (5) of this section, as applica- test methods and procedures specified ble, for each performance test con- in this section. For condensers, you ducted to demonstrate that a control may use a design analysis as specified device meets the requirements of in paragraph (c) of this section in lieu § 60.5412(a). You must conduct the ini- of complying with paragraph (b) of this tial and periodic performance tests ac- section. In addition, this section con- cording to the schedule specified in tains the requirements for enclosed paragraph (b)(5) of this section. combustion device performance tests (1) You must use Method 1 or 1A at 40 conducted by the manufacturer appli- CFR part 60, appendix A–1, as appro- cable to both storage vessel and cen- priate, to select the sampling sites trifugal compressor affected facilities. specified in paragraphs (b)(1)(i) and (ii) (a) Performance test exemptions. You of this section. Any references to par- are exempt from the requirements to ticulate mentioned in Methods 1 and conduct performance tests and design 1A do not apply to this section. analyses if you use any of the control (i) Sampling sites must be located at devices described in paragraphs (a)(1) the inlet of the first control device, and through (7) of this section. at the outlet of the final control device, to determine compliance with the (1) A flare that is designed and oper- control device percent reduction re- ated in accordance with § 60.18(b). You quirement specified in § 60.5412(a)(1)(i) must conduct the compliance deter- or (a)(2). mination using Method 22 at 40 CFR (ii) The sampling site must be lo- part 60, appendix A–7, to determine cated at the outlet of the combustion visible emissions. device to determine compliance with (2) A boiler or process heater with a the enclosed combustion device total design heat input capacity of 44 TOC concentration limit specified in megawatts or greater. § 60.5412(a)(1)(ii). (3) A boiler or process heater into (2) You must determine the gas volu- which the vent stream is introduced metric flowrate using Method 2, 2A, 2C, with the primary fuel or is used as the or 2D at 40 CFR part 60, appendix A–2, primary fuel. as appropriate. (4) A boiler or process heater burning (3) To determine compliance with the hazardous waste for which you have ei- control device percent reduction per- ther been issued a final permit under 40 formance requirement in CFR part 270 and comply with the re- § 60.5412(a)(1)(i) or (a)(2), you must use quirements of 40 CFR part 266, subpart Method 25A at 40 CFR part 60, appendix H; or you have certified compliance A–7. You must use the procedures in with the interim status requirements paragraphs (b)(3)(i) through (iv) of this of 40 CFR part 266, subpart H. section to calculate percent reduction (5) A hazardous waste incinerator for efficiency. which you have been issued a final per- (i) For each run, you must take ei- mit under 40 CFR part 270 and comply ther an integrated sample or a min- with the requirements of 40 CFR part imum of four grab samples per hour. If 264, subpart O; or you have certified grab sampling is used, then the sam- compliance with the interim status re- ples must be taken at approximately

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equal intervals in time, such as 15- specified in paragraphs (b)(3)(ii)(A) and minute intervals during the run. (B) of this section. (ii) You must compute the mass rate (A) You must use the following equa- of TOC (minus methane and ethane) tions: using the equations and procedures

Where: Qi, Qo = Flowrate of gas stream at the inlet

Ei, Eo = Mass rate of TOC (minus methane and outlet of the control device, respec- and ethane) at the inlet and outlet of the tively, dry standard cubic meter per control device, respectively, dry basis, minute. kilogram per hour. n = Number of components in sample. ¥6 K2 = Constant, 2.494 × 10 (parts per million) (gram-mole per standard cubic meter) (B) When calculating the TOC mass (kilogram/gram) (minute/hour), where rate, you must sum all organic com- standard temperature (gram-mole per pounds (minus methane and ethane) standard cubic meter) is 20 °C. measured by Method 25A at 40 CFR Cij, Coj = Concentration of sample component j of the gas stream at the inlet and outlet part 60, appendix A–7 using the equa- of the control device, respectively, dry tions in paragraph (b)(3)(ii)(A) of this basis, parts per million by volume. section. Mij, Moj = Molecular weight of sample compo- (iii) You must calculate the percent nent j of the gas stream at the inlet and reduction in TOC (minus methane and outlet of the control device, respectively, ethane) as follows: gram/gram-mole.

Where: (iv) If the vent stream entering a

Rcd = Control efficiency of control device, boiler or process heater with a design percent. capacity less than 44 megawatts is in- Ei = Mass rate of TOC (minus methane and troduced with the combustion air or as ethane) at the inlet to the control device a secondary fuel, you must determine as calculated under paragraph (b)(3)(ii) of the weight-percent reduction of total this section, kilograms TOC per hour or TOC (minus methane and ethane) kilograms HAP per hour. across the device by comparing the Eo = Mass rate of TOC (minus methane and ethane) at the outlet of the control de- TOC (minus methane and ethane) in all vice, as calculated under paragraph combusted vent streams and primary (b)(3)(ii) of this section, kilograms TOC and secondary fuels with the TOC per hour per hour. (minus methane and ethane) exiting the device, respectively.

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(4) You must use Method 25A at 40 (i) For each run, you must take ei- CFR part 60, appendix A–7 to measure ther an integrated sample or a min- TOC (minus methane and ethane) to imum of four grab samples per hour. If determine compliance with the en- grab sampling is used, then the sam- closed combustion device total VOC ples must be taken at approximately concentration limit specified in equal intervals in time, such as 15- § 60.5412(a)(1)(ii). You must calculate minute intervals during the run. parts per million by volume concentra- (ii) You must calculate the TOC con- tion and correct to 3 percent oxygen, centration for each run as follows: using the procedures in paragraphs (b)(4)(i) through (iii) of this section.

Where: grated sampling and analysis proce- CTOC = Concentration of total organic com- dures of Method 3A or 3B at 40 CFR pounds minus methane and ethane, dry part 60, appendix A, ASTM D6522–00 basis, parts per million by volume. (Reapproved 2005), or ANSI/ASME PTC Cji = Concentration of sample component j of sample i, dry basis, parts per million by 19.10–1981, Part 10 (manual portion volume. only) (incorporated by reference as n = Number of components in the sample. specified in § 60.17) to determine the ox- x = Number of samples in the sample run. ygen concentration. The samples must (iii) You must correct the TOC con- be taken during the same time that the centration to 3 percent oxygen as spec- samples are taken for determining TOC ified in paragraphs (b)(4)(iii)(A) and (B) concentration. of this section. (B) You must correct the TOC con- (A) You must use the emission rate centration for percent oxygen as fol- correction factor for excess air, inte- lows:

Where: (ii) You must conduct periodic per- Cc = TOC concentration corrected to 3 performance tests for all control devices cent oxygen, dry basis, parts per million required to conduct initial perform- by volume. ance tests except as specified in para- Cm = TOC concentration, dry basis, parts per graphs (b)(5)(ii)(A) and (B) of this sec- million by volume. tion. You must conduct the first peri- %O2d = Concentration of oxygen, dry basis, percent by volume. odic performance test no later than 60 months after the initial performance (5) You must conduct performance test required in paragraph (b)(5)(i) of tests according to the schedule speci- this section. You must conduct subse- fied in paragraphs (b)(5)(i) and (ii) of quent periodic performance tests at in- this section. tervals no longer than 60 months fol- (i) You must conduct an initial per- lowing the previous periodic perform- formance test within 180 days after ini- ance test or whenever you desire to es- tial startup for your affected facility. tablish a new operating limit. You You must submit the performance test must submit the periodic performance results as required in § 60.5420(b)(7). test results as specified in

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§ 60.5420(b)(7). Combustion control de- of the control device and source oper- vices meeting the criteria in either ating schedule. In addition, these sys- paragraph (b)(5)(ii)(A) or (B) of this tems will incorporate dual carbon can- section are not required to conduct isters in case of emission breakthrough periodic performance tests. occurring in one canister. (A) A control device whose model is (4) If you and the Administrator do tested under, and meets the criteria of not agree on a demonstration of con- paragraph (d) of this section. trol device performance using a design (B) A combustion control device test- analysis, then you must perform a per- ed under paragraph (b) of this section formance test in accordance with the that meets the outlet TOC performance requirements of paragraph (b) of this level specified in § 60.5412(a)(1)(ii) and section to resolve the disagreement. that establishes a correlation between The Administrator may choose to have firebox or combustion chamber tem- an authorized representative observe perature and the TOC performance the performance test. level. (d) Performance testing for combustion (c) Control device design analysis to control devices—manufacturers’ perform- meet the requirements of § 60.5412(a). (1) ance test. (1) This paragraph applies to For a condenser, the design analysis the performance testing of a combus- must include an analysis of the vent tion control device conducted by the stream composition, constituent con- device manufacturer. The manufac- centrations, flowrate, relative humid- turer must demonstrate that a specific ity, and temperature, and must estab- model of control device achieves the lish the design outlet organic com- performance requirements in para- pound concentration level, design aver- graph (d)(11) of this section by con- age temperature of the condenser ex- ducting a performance test as specified haust vent stream, and the design aver- in paragraphs (d)(2) through (10) of this age temperatures of the coolant fluid section. You must submit a test report at the condenser inlet and outlet. for each combustion control device in (2) For a regenerable carbon adsorp- accordance with the requirements in tion system, the design analysis shall paragraph (d)(12) of this section. include the vent stream composition, (2) Performance testing must consist constituent concentrations, flowrate, of three one-hour (or longer) test runs relative humidity, and temperature, for each of the four firing rate settings and shall establish the design exhaust specified in paragraphs (d)(2)(i) through vent stream organic compound con- (iv) of this section, making a total of 12 centration level, adsorption cycle time, test runs per test. Propene (propylene) number and capacity of carbon beds, gas must be used for the testing fuel. type and working capacity of activated All fuel analyses must be performed by carbon used for the carbon beds, design an independent third-party laboratory total regeneration stream flow over the (not affiliated with the control device period of each complete carbon bed re- manufacturer or fuel supplier). generation cycle, design carbon bed (i) 90–100 percent of maximum design temperature after regeneration, design rate (fixed rate). carbon bed regeneration time, and de- (ii) 70–100–70 percent (ramp up, ramp sign service life of the carbon. down). Begin the test at 70 percent of (3) For a nonregenerable carbon ad- the maximum design rate. During the sorption system, such as a carbon can- first 5 minutes, incrementally ramp ister, the design analysis shall include the firing rate to 100 percent of the the vent stream composition, con- maximum design rate. Hold at 100 per- stituent concentrations, flowrate, rel- cent for 5 minutes. In the 10–15 minute ative humidity, and temperature, and time range, incrementally ramp back shall establish the design exhaust vent down to 70 percent of the maximum de- stream organic compound concentra- sign rate. Repeat three more times for tion level, capacity of the carbon bed, a total of 60 minutes of sampling. type and working capacity of activated (iii) 30–70–30 percent (ramp up, ramp carbon used for the carbon bed, and de- down). Begin the test at 30 percent of sign carbon replacement interval based the maximum design rate. During the on the total carbon working capacity first 5 minutes, incrementally ramp

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the firing rate to 70 percent of the max- (i) At the inlet gas sampling location, imum design rate. Hold at 70 percent securely connect a Silonite-coated for 5 minutes. In the 10–15 minute time stainless steel evacuated canister range, incrementally ramp back down fitted with a flow controller sufficient to 30 percent of the maximum design to fill the canister over a 3-hour period. rate. Repeat three more times for a Filling must be conducted as specified total of 60 minutes of sampling. in paragraphs (d)(5)(i)(A) through (C) of (iv) 0–30–0 percent (ramp up, ramp this section. down). Begin the test at the minimum (A) Open the canister sampling valve firing rate. During the first 5 minutes, at the beginning of each test run, and incrementally ramp the firing rate to close the canister at the end of each 30 percent of the maximum design rate. test run. Hold at 30 percent for 5 minutes. In the (B) Fill one canister across the three 10–15 minute time range, incrementally test runs such that one composite fuel ramp back down to the minimum firing sample exists for each test condition. rate. Repeat three more times for a (C) Label the canisters individually total of 60 minutes of sampling. and record sample information on a (3) All models employing multiple en- chain of custody form. closures must be tested simultaneously (ii) Analyze each inlet gas sample and with all burners operational. Re- using the methods in paragraphs sults must be reported for each enclo- (d)(5)(ii)(A) through (C) of this section. sure individually and for the average of You must include the results in the the emissions from all interconnected test report required by paragraph combustion enclosures/chambers. Con- (d)(12) of this section. trol device operating data must be col- (A) Hydrocarbon compounds con- lected continuously throughout the taining between one and five atoms of performance test using an electronic carbon plus benzene using ASTM Data Acquisition System. A graphic D1945–03. presentation or strip chart of the control device operating data and emis- (B) Hydrogen (H2), carbon monoxide sions test data must be included in the (CO), carbon dioxide (CO2), nitrogen test report in accordance with para- (N2), oxygen (O2) using ASTM D1945–03. graph (d)(12) of this section. Inlet fuel (C) Higher heating value using ASTM meter data may be manually recorded D3588–98 or ASTM D4891–89. provided that all inlet fuel data read- (6) Outlet testing must be conducted ings are included in the final report. in accordance with the criteria in para- (4) Inlet testing must be conducted as graphs (d)(6)(i) through (v) of this sec- specified in paragraphs (d)(4)(i) through tion. (ii) of this section. (i) Sample and flow rate must be (i) The inlet gas flow metering sys- measured in accordance with para- tem must be located in accordance graphs (d)(6)(i)(A) through (B) of this with Method 2A, 40 CFR part 60, appen- section. dix A–1, (or other approved procedure) (A) The outlet sampling location to measure inlet gas flow rate at the must be a minimum of four equivalent control device inlet location. You must stack diameters downstream from the position the fitting for filling fuel sam- highest peak flame or any other flow ple containers a minimum of eight pipe disturbance, and a minimum of one diameters upstream of any inlet gas equivalent stack diameter upstream of flow monitoring meter. the exit or any other flow disturbance. (ii) Inlet flow rate must be deter- A minimum of two sample ports must mined using Method 2A, 40 CFR part 60, be used. appendix A–1. Record the start and (B) Flow rate must be measured stop reading for each 60-minute THC using Method 1, 40 CFR part 60, appen- test. Record the gas pressure and tem- dix A–1 for determining flow measure- perature at 5-minute intervals ment traverse point location, and throughout each 60-minute test. Method 2, 40 CFR part 60, appendix A– (5) Inlet gas sampling must be con- 1 for measuring duct velocity. If low ducted as specified in paragraphs flow conditions are encountered (i.e., (d)(5)(i) through (ii) of this section. velocity pressure differentials less than

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0.05 inches of water) during the per- test report specified in paragraph formance test, a more sensitive ma- (d)(12) of this section. Moisture must be nometer must be used to obtain an ac- determined using Method 4, 40 CFR curate flow profile. part 60, appendix A–3. Traverse both (ii) Molecular weight and excess air ports with the Method 4, 40 CFR part must be determined as specified in 60, appendix A–3, sampling train during paragraph (d)(7) of this section. each test run. Ambient air must not be (iii) Carbon monoxide must be deter- introduced into the Method 3C, 40 CFR mined as specified in paragraph (d)(8) part 60, appendix A–2, integrated bag of this section. sample during the port change. (iv) THC must be determined as spec- (iii) Excess air must be determined ified in paragraph (d)(9) of this section. using resultant data from the EPA (v) Visible emissions must be deter- Method 3C tests and EPA Method 3B, 40 mined as specified in paragraph (d)(10) CFR part 60, appendix A, equation 3B– of this section. 1. (7) Molecular weight and excess air (8) Carbon monoxide must be deter- determination must be performed as mined using Method 10, 40 CFR part 60, specified in paragraphs (d)(7)(i) through appendix A. Run the test simulta- (iii) of this section. neously with Method 25A, 40 CFR part (i) An integrated bag sample must be 60, appendix A–7 using the same sam- collected during the Method 4, 40 CFR pling points. An instrument range of 0– part 60, appendix A–3, moisture test 10 parts per million by volume-dry following the procedure specified in (ppmvd) is recommended. (d)(7)(i)(A) through (B) of this section. (9) Total hydrocarbon determination Analyze the bag sample using a gas must be performed as specified by in chromatograph-thermal conductivity paragraphs (d)(9)(i) through (vii) of this detector (GC–TCD) analysis meeting section. the criteria in paragraphs (d)(7)(i)(C) through (D) of this section. (i) Conduct THC sampling using (A) Collect the integrated sample Method 25A, 40 CFR part 60, appendix throughout the entire test, and collect A–7, except that the option for locating representative volumes from each tra- the probe in the center 10 percent of verse location. the stack is not allowed. The THC (B) Purge the sampling line with probe must be traversed to 16.7 percent, stack gas before opening the valve and 50 percent, and 83.3 percent of the stack beginning to fill the bag. Clearly label diameter during each test run. each bag and record sample informa- (ii) A valid test must consist of three tion on a chain of custody form. Method 25A, 40 CFR part 60, appendix (C) The bag contents must be vigor- A–7, tests, each no less than 60 minutes ously mixed prior to the gas chro- in duration. matograph analysis. (iii) A 0–10 parts per million by vol- (D) The GC–TCD calibration proce- ume-wet (ppmvw) (as propane) meas- dure in Method 3C, 40 CFR part 60, ap- urement range is preferred; as an alter- pendix A, must be modified by using native a 0–30 ppmvw (as carbon) meas- EPA Alt–045 as follows: For the initial urement range may be used. calibration, triplicate injections of any (iv) Calibration gases must be pro- single concentration must agree within pane in air and be certified through 5 percent of their mean to be valid. The EPA Protocol 1—‘‘EPA Traceability calibration response factor for a single Protocol for Assay and Certification of concentration re-check must be within Gaseous Calibration Standards,’’ (in- 10 percent of the original calibration corporated by reference as specified in response factor for that concentration. § 60.17). If this criterion is not met, repeat the (v) THC measurements must be re- initial calibration using at least three ported in terms of ppmvw as propane. concentration levels. (vi) THC results must be corrected to (ii) Calculate and report the molec- 3 percent CO2, as measured by Method ular weight of oxygen, carbon dioxide, 3C, 40 CFR part 60, appendix A–2. You methane, and nitrogen in the inte- must use the following equation for grated bag sample and include in the this diluent concentration correction:

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Where: required by paragraph (d)(12) of this

Cmeas = The measured concentration of the section. pollutant. (iii) A control device meeting the cri- CO2meas = The measured concentration of the teria in paragraph (d)(11)(i)(A) through CO2 diluent. (D) of this section must demonstrate a 3 = The corrected reference concentration of CO diluent. destruction efficiency of 95 percent for 2 VOC regulated under this subpart. Ccorr = The corrected concentration of the pollutant. (12) The owner or operator of a combustion control device model tested (vii) Subtraction of methane or eth- under this paragraph must submit the ane from the THC data is not allowed information listed in paragraphs in determining results. (d)(12)(i) through (vi) in the test report (10) Visible emissions must be determined using Method 22, 40 CFR part 60, required by this section in accordance appendix A. The test must be per- with § 60.5420(b)(8). formed continuously during each test (i) A full schematic of the control de- run. A digital color photograph of the vice and dimensions of the device com- exhaust point, taken from the position ponents. of the observer and annotated with (ii) The maximum net heating value date and time, must be taken once per of the device. test run and the 12 photos included in (iii) The test fuel gas flow range (in the test report specified in paragraph both mass and volume). Include the (d)(12) of this section. maximum allowable inlet gas flow (11) Performance test criteria. (i) The rate. control device model tested must meet (iv) The air/stream injection/assist the criteria in paragraphs (d)(11)(i)(A) ranges, if used. through (D) of this section. These cri- (v) The test conditions listed in para- teria must be reported in the test re- graphs (d)(12)(v)(A) through (O) of this port required by paragraph (d)(12) of section, as applicable for the tested this section. model. (A) Method 22, 40 CFR part 60, appen- (A) Fuel gas delivery pressure and dix A, results under paragraph (d)(10) of temperature. this section with no indication of visi- (B) Fuel gas moisture range. ble emissions. (C) Purge gas usage range. (B) Average Method 25A, 40 CFR part (D) Condensate (liquid fuel) separa- 60, appendix A, results under paragraph tion range. (d)(9) of this section equal to or less (E) Combustion zone temperature than 10.0 ppmvw THC as propane cor- range. This is required for all devices rected to 3.0 percent CO2. that measure this parameter. (C) Average CO emissions determined (F) Excess combustion air range. under paragraph (d)(8) of this section (G) Flame arrestor(s). equal to or less than 10 parts ppmvd, (H) Burner manifold. corrected to 3.0 percent CO2. (I) Pilot flame indicator. (D) Excess combustion air deter- (J) Pilot flame design fuel and cal- mined under paragraph (d)(7) of this culated or measured fuel usage. section equal to or greater than 150 (K) Tip velocity range. percent. (L) Momentum flux ratio. (ii) The manufacturer must deter- (M) Exit temperature range. mine a maximum inlet gas flow rate (N) Exit flow rate. which must not be exceeded for each (O) Wind velocity and direction. control device model to achieve the (vi) The test report must include all criteria in paragraph (d)(11)(iii) of this calibration quality assurance/quality section. The maximum inlet gas flow control data, calibration gas values, rate must be included in the test report gas cylinder certification, strip charts,

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or other graphic presentations of the combustion control device are posted data annotated with test times and at the following Web site: epa.gov/ calibration values. airquality/oilandgas/. (e) Continuous compliance for combus- (7) Ensure that each enclosed com- tion control devices tested by the manu- bustion device is maintained in a leak facturer in accordance with paragraph (d) free condition. of this section. This paragraph applies to the demonstration of compliance for [77 FR 49542, Aug. 16, 2012, as amended at 78 a combustion control device tested FR 58439, Sept. 23, 2013; 79 FR 79039, Dec. 31, under the provisions in paragraph (d) of 2014; 81 FR 35897, June 3, 2016] this section. Owners or operators must demonstrate that a control device § 60.5415 How do I demonstrate continuous compliance with the stand- achieves the performance requirements ards for my gas well affected facil- in (d)(11) of this section by installing a ity, my centrifugal compressor af- device tested under paragraph (d) of fected facility, my stationary recip- this section and complying with the rocating compressor affected facil- criteria specified in paragraphs (e)(1) ity, my pneumatic controller af- through (7) of this section. fected facility, my storage vessel af- (1) The inlet gas flow rate must be fected facility, and my affected fa- equal to or less than the maximum cilities at onshore natural gas proc- specified by the manufacturer. essing plants? (2) A pilot flame must be present at (a) For each gas well affected facil- all times of operation. ity, you must demonstrate continuous (3) Devices must be operated with no compliance by submitting the reports visible emissions, except for periods required by § 60.5420(b) and maintaining not to exceed a total of 1 minute dur- the records for each completion oper- ing any 15-minute period. A visible ation specified in § 60.5420(c)(1). emissions test conducted according to section 11 of EPA Method 22, 40 CFR (b) For each centrifugal compressor part 60, appendix A, must be performed affected facility, you must dem- at least once every calendar month, onstrate continuous compliance ac- separated by at least 15 days between cording to paragraphs (b)(1) through (3) each test. The observation period shall of this section. be 15 minutes. (1) You must reduce VOC emissions (4) Devices failing the visible emis- from the wet seal fluid degassing sys- sions test must follow manufacturer’s tem by 95.0 percent or greater. repair instructions, if available, or best (2) For each control device used to re- combustion engineering practice as duce emissions, you must demonstrate outlined in the unit inspection and continuous compliance with the per- maintenance plan, to return the unit formance requirements of § 60.5412(a) to compliant operation. All repairs and using the procedures specified in para- maintenance activities for each unit graphs (b)(2)(i) through (vii) of this sec- must be recorded in a maintenance and tion. If you use a condenser as the con- repair log and must be available for in- trol device to achieve the requirements spection. specified in § 60.5412(a)(2), you must (5) Following return to operation demonstrate compliance according to from maintenance or repair activity, paragraph (b)(2)(viii) of this section. each device must pass an EPA Method You may switch between compliance 22, 40 CFR part 60, appendix A, visual observation as described in paragraph with paragraphs (b)(2)(i) through (vii) (e)(3) of this section. of this section and compliance with (6) If the owner or operator operates paragraph (b)(2)(viii) of this section a combustion control device model only after at least 1 year of operation tested under this section, an electronic in compliance with the selected ap- copy of the performance test results re- proach. You must provide notification quired by this section shall be sub- of such a change in the compliance mitted via email to method in the next annual report, as [email protected] un- required in § 60.5420(b), following the less the test results for that model of change.

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(i) You must operate below (or above) operation of the control device and as- the site specific maximum (or min- sociated control system. imum) parameter value established ac- (vi) Failure to collect required data cording to the requirements of is a deviation of the monitoring re- § 60.5417(f)(1). quirements, except for periods of moni- (ii) You must calculate the daily av- toring system malfunctions, repairs as- erage of the applicable monitored pa- sociated with monitoring system mal- rameter in accordance with § 60.5417(e) functions, and required quality moni- except that the inlet gas flow rate to toring system quality assurance or the control device must not be aver- quality control activities (including, as aged. applicable, system accuracy audits and (iii) Compliance with the operating required zero and span adjustments). parameter limit is achieved when the (vii) If you use a combustion control daily average of the monitoring param- device to meet the requirements of eter value calculated under paragraph § 60.5412(a) and you demonstrate com- (b)(2)(ii) of this section is either equal pliance using the test procedures speci- to or greater than the minimum moni- fied in § 60.5413(b), you must comply toring value or equal to or less than with paragraphs (b)(2)(vii)(A) through the maximum monitoring value estab- (D) of this section. lished under paragraph (b)(2)(i) of this (A) A pilot flame must be present at section. When performance testing of a all times of operation. combustion control device is conducted (B) Devices must be operated with no by the device manufacturer as specified visible emissions, except for periods in § 60.5413(d), compliance with the op- not to exceed a total of 1 minute dur- erating parameter limit is achieved ing any 15-minute period. A visible when the criteria in § 60.5413(e) are met. emissions test conducted according to (iv) You must operate the continuous section 11 of Method 22, 40 CFR part 60, monitoring system required in § 60.5417 appendix A, must be performed at least at all times the affected source is oper- once every calendar month, separated ating, except for periods of monitoring by at least 15 days between each test. system malfunctions, repairs associ- The observation period shall be 15 min- ated with monitoring system malfunc- utes. tions, and required monitoring system (C) Devices failing the visible emis- quality assurance or quality control sions test must follow manufacturer’s activities (including, as applicable, sys- repair instructions, if available, or best tem accuracy audits and required zero combustion engineering practice as and span adjustments). A monitoring outlined in the unit inspection and system malfunction is any sudden, in- maintenance plan, to return the unit frequent, not reasonably preventable to compliant operation. All repairs and failure of the monitoring system to maintenance activities for each unit provide valid data. Monitoring system must be recorded in a maintenance and failures that are caused in part by poor repair log and must be available for in- maintenance or careless operation are spection. not malfunctions. You are required to (D) Following return to operation complete monitoring system repairs in from maintenance or repair activity, response to monitoring system mal- each device must pass a Method 22, 40 functions and to return the monitoring CFR part 60, appendix A, visual obser- system to operation as expeditiously as vation as described in paragraph practicable. (b)(2)(vii)(B) of this section. (v) You may not use data recorded (viii) If you use a condenser as the during monitoring system malfunc- control device to achieve the percent tions, repairs associated with moni- reduction performance requirements toring system malfunctions, or re- specified in § 60.5412(a)(2), you must quired monitoring system quality as- demonstrate compliance using the pro- surance or control activities in cal- cedures in paragraphs (b)(2)(viii)(A) culations used to report emissions or through (E) of this section. operating levels. You must use all the (A) You must establish a site-specific data collected during all other required condenser performance curve according data collection periods to assess the to § 60.5417(f)(2).

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(B) You must calculate the daily av- onstrate continuous compliance ac- erage condenser outlet temperature in cording to paragraphs (c)(1) through (3) accordance with § 60.5417(e). of this section. For each reciprocating (C) You must determine the con- compressor affected facility complying denser efficiency for the current oper- with § 60.5385(a)(3), you must dem- ating day using the daily average con- onstrate continuous compliance ac- denser outlet temperature calculated cording to paragraph (c)(4) of this sec- under paragraph (b)(2)(viii)(B) of this tion. section and the condenser performance (1) You must continuously monitor curve established under paragraph the number of hours of operation for (b)(2)(viii)(A) of this section. each reciprocating compressor affected (D) Except as provided in paragraphs facility or track the number of months (b)(2)(viii)(D)(1) and (2) of this section, since initial startup, or October 15, at the end of each operating day, you 2012, or the date of the most recent re- must calculate the 365-day rolling aver- ciprocating compressor rod packing re- age TOC emission reduction, as appro- placement, whichever is later. priate, from the condenser efficiencies (2) You must submit the annual re- as determined in paragraph port as required in § 60.5420(b) and (b)(2)(viii)(C) of this section. maintain records as required in (1) After the compliance dates speci- § 60.5420(c)(3). fied in § 60.5370, if you have less than (3) You must replace the recipro- 120 days of data for determining aver- cating compressor rod packing before age TOC emission reduction, you must the total number of hours of operation calculate the average TOC emission re- reaches 26,000 hours or the number of duction for the first 120 days of oper- months since the most recent rod pack- ation after the compliance dates. You ing replacement reaches 36 months. have demonstrated compliance with (4) You must operate the rod packing the overall 95.0 percent reduction re- emissions collection system under neg- quirement if the 120-day average TOC ative pressure and continuously com- emission reduction is equal to or great- ply with the closed vent requirements er than 95.0 percent. in § 60.5416(a) and (b). (2) After 120 days and no more than (d) For each pneumatic controller af- 364 days of operation after the compli- fected facility, you must demonstrate ance date specified in § 60.5370, you continuous compliance according to must calculate the average TOC emis- paragraphs (d)(1) through (3) of this sion reduction as the TOC emission re- section. duction averaged over the number of (1) You must continuously operate days between the current day and the the pneumatic controllers as required applicable compliance date. You have in § 60.5390(a), (b), or (c). demonstrated compliance with the (2) You must submit the annual re- overall 95.0 percent reduction require- port as required in § 60.5420(b). ment, if the average TOC emission re- (3) You must maintain records as reduction is equal to or greater than 95.0 quired in § 60.5420(c)(4). percent. (e) You must demonstrate continuous (E) If you have data for 365 days or compliance according to paragraph more of operation, you have dem- (e)(3) of this section for each storage onstrated compliance with the TOC vessel affected facility, for which you emission reduction if the rolling 365- are using a control device or routing day average TOC emission reduction emissions to a process to meet the recalculated in paragraph (b)(2)(viii)(D) quirement of § 60.5395(d)(1). of this section is equal to or greater (1)–(2) [Reserved] than 95.0 percent. (3) For each storage vessel affected (3) You must submit the annual re- facility, you must comply with para- port required by 60.5420(b) and main- graphs (e)(3)(i) and (ii) of this section. tain the records as specified in (i) You must reduce VOC emissions § 60.5420(c)(2). as specified in § 60.5395(d). (c) For each reciprocating com- (ii) For each control device installed pressor affected facility complying to meet the requirements of § 60.5395(d), with § 60.5385(a)(1) or (2), you must dem- you must demonstrate continuous

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compliance with the performance re- fected facility. Except as provided in quirements of § 60.5412(d) for each stor- paragraphs (b)(11) and (12) of this sec- age vessel affected facility using the tion, you must inspect each closed vent procedure specified in paragraph system according to the procedures and (e)(3)(ii)(A) and either (e)(3)(ii)(B) or schedule specified in paragraphs (a)(1) (e)(3)(ii)(C) of this section. and (2) of this section, inspect each (A) You must comply with § 60.5416(c) cover according to the procedures and for each cover and closed vent system. schedule specified in paragraph (a)(3) of (B) You must comply with § 60.5417(h) this section, and inspect each bypass for each control device. device according to the procedures of (C) Each closed vent system that paragraph (a)(4) of this section. routes emissions to a process must be (1) For each closed vent system joint, operated as specified in § 60.5411(c)(2). seam, or other connection that is per- (f) For affected facilities at onshore manently or semi-permanently sealed natural gas processing plants, contin- (e.g., a welded joint between two sec- uous compliance with VOC require- tions of hard piping or a bolted and ments is demonstrated if you are in gasketed ducting flange), you must compliance with the requirements of meet the requirements specified in § 60.5400. paragraphs (a)(1)(i) and (ii) of this sec- (g) For each sweetening unit affected tion. facility at onshore natural gas proc- (i) Conduct an initial inspection ac- essing plants, you must demonstrate cording to the test methods and proce- continuous compliance with the stand- dures specified in paragraph (b) of this ards for SO2 specified in § 60.5405(b) ac- section to demonstrate that the closed cording to paragraphs (g)(1) and (2) of vent system operates with no detect- this section. able emissions. You must maintain (1) The minimum required SO2 emis- records of the inspection results as sion reduction efficiency (Zc) is com- specified in § 60.5420(c)(6). pared to the emission reduction effi- (ii) Conduct annual visual inspec- ciency (R) achieved by the sulfur recov- tions for defects that could result in ery technology. ≥ air emissions. Defects include, but are (i) If R Zc, your affected facility is not limited to, visible cracks, holes, or in compliance. gaps in piping; loose connections; liq- (ii) If R < Z , your affected facility is c uid leaks; or broken or missing caps or not in compliance. other closure devices. You must mon- (2) The emission reduction efficiency itor a component or connection using (R) achieved by the sulfur reduction the test methods and procedures in technology must be determined using paragraph (b) of this section to dem- the procedures in § 60.5406(c)(1). onstrate that it operates with no de- [77 FR 49542, Aug. 16, 2012, as amended at 78 tectable emissions following any time FR 58442, Sept. 23, 2013; 79 FR 79039, Dec. 31, the component is repaired or replaced 2014; 81 FR 35897, June 3, 2016] or the connection is unsealed. You must maintain records of the inspec- § 60.5416 What are the initial and continuous cover and closed vent sys- tion results as specified in tem inspection and monitoring re- § 60.5420(c)(6). quirements for my storage vessel, (2) For closed vent system compo- centrifugal compressor and recipro- nents other than those specified in cating compressor affected facili- paragraph (a)(1) of this section, you ties? must meet the requirements of para- For each closed vent system or cover graphs (a)(2)(i) through (iii) of this sec- at your storage vessel, centrifugal tion. compressor and reciprocating com- (i) Conduct an initial inspection ac- pressor affected facility, you must cording to the test methods and proce- comply with the applicable require- dures specified in paragraph (b) of this ments of paragraphs (a) through (c) of section to demonstrate that the closed this section. vent system operates with no detect- (a) Inspections for closed vent systems able emissions. You must maintain and covers installed on each centrifugal records of the inspection results as compressor or reciprocating compressor af- specified in § 60.5420(c)(6).

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(ii) Conduct annual inspections acis secured in the non-diverting position cording to the test methods and proce- using a car-seal or a lock-and-key type dures specified in paragraph (b) of this configuration, visually inspect the seal section to demonstrate that the com- or closure mechanism at least once ponents or connections operate with no every month to verify that the valve is detectable emissions. You must main- maintained in the non-diverting posi- tain records of the inspection results as tion and the vent stream is not di- specified in § 60.5420(c)(6). verted through the bypass device. You (iii) Conduct annual visual inspec- must maintain records of the inspections for defects that could result in tions according to § 60.5420(c)(8). air emissions. Defects include, but are (b) No detectable emissions test methods not limited to, visible cracks, holes, or and procedures. If you are required to gaps in ductwork; loose connections; conduct an inspection of a closed vent liquid leaks; or broken or missing caps system or cover at your centrifugal or other closure devices. You must compressor or reciprocating com- maintain records of the inspection re- pressor affected facility as specified in sults as specified in § 60.5420(c)(6). paragraphs (a)(1), (2), or (3) of this sec- (3) For each cover, you must meet tion, you must meet the requirements the requirements in paragraphs (a)(3)(i) of paragraphs (b)(1) through (13) of this and (ii) of this section. section. (i) Conduct visual inspections for de- (1) You must conduct the no detect- fects that could result in air emissions. able emissions test procedure in ac- Defects include, but are not limited to, cordance with Method 21 at 40 CFR visible cracks, holes, or gaps in the part 60, appendix A–7. cover, or between the cover and the (2) The detection instrument must separator wall; broken, cracked, or meet the performance criteria of Meth- otherwise damaged seals or gaskets on od 21 at 40 CFR part 60, appendix A–7, closure devices; and broken or missing except that the instrument response hatches, access covers, caps, or other factor criteria in section 3.1.2(a) of closure devices. In the case where the Method 21 must be for the average storage vessel is buried partially or en- composition of the fluid and not for tirely underground, you must inspect each individual organic compound in only those portions of the cover that the stream. extend to or above the ground surface, and those connections that are on such (3) You must calibrate the detection portions of the cover (e.g., fill ports, instrument before use on each day of access hatches, gauge wells, etc.) and its use by the procedures specified in can be opened to the atmosphere. Method 21 at 40 CFR part 60, appendix (ii) You must initially conduct the A–7. inspections specified in paragraph (4) Calibration gases must be as spec- (a)(3)(i) of this section following the in- ified in paragraphs (b)(4)(i) and (ii) of stallation of the cover. Thereafter, you this section. must perform the inspection at least (i) Zero air (less than 10 parts per once every calendar year, except as million by volume hydrocarbon in air). provided in paragraphs (b)(11) and (12) (ii) A mixture of methane in air at a of this section. You must maintain concentration less than 10,000 parts per records of the inspection results as million by volume. specified in § 60.5420(c)(7). (5) You may choose to adjust or not (4) For each bypass device, except as adjust the detection instrument read- provided for in § 60.5411, you must meet ings to account for the background or- the requirements of paragraphs (a)(4)(i) ganic concentration level. If you or (ii) of this section. choose to adjust the instrument read- (i) Set the flow indicator to take a ings for the background level, you reading at least once every 15 minutes must determine the background level at the inlet to the bypass device that value according to the procedures in could divert the steam away from the Method 21 at 40 CFR part 60, appendix control device to the atmosphere. A–7. (ii) If the bypass device valve in- (6) Your detection instrument must stalled at the inlet to the bypass device meet the performance criteria specified

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in paragraphs (b)(6)(i) and (ii) of this graph (b)(7) of this section is less than section. 500 parts per million by volume. (i) Except as provided in paragraph (9) Repairs. In the event that a leak (b)(6)(ii) of this section, the detection or defect is detected, you must repair instrument must meet the performance the leak or defect as soon as prac- criteria of Method 21 at 40 CFR part 60, ticable according to the requirements appendix A–7, except the instrument of paragraphs (b)(9)(i) and (ii) of this response factor criteria in section section, except as provided in para- 3.1.2(a) of Method 21 must be for the av- graph (b)(10) of this section. erage composition of the process fluid, (i) A first attempt at repair must be not each individual volatile organic made no later than 5 calendar days compound in the stream. For process after the leak is detected. streams that contain nitrogen, air, or (ii) Repair must be completed no other inerts that are not organic haz- later than 15 calendar days after the ardous air pollutants or volatile or- leak is detected. ganic compounds, you must calculate (10) Delay of repair. Delay of repair of the average stream response factor on a closed vent system or cover for which an inert-free basis. leaks or defects have been detected is (ii) If no instrument is available that allowed if the repair is technically in- will meet the performance criteria feasible without a shutdown, or if you specified in paragraph (b)(6)(i) of this determine that emissions resulting section, you may adjust the instru- from immediate repair would be great- ment readings by multiplying by the er than the fugitive emissions likely to average response factor of the process result from delay of repair. You must fluid, calculated on an inert-free basis, complete repair of such equipment by as described in paragraph (b)(6)(i) of the end of the next shutdown. this section. (11) Unsafe to inspect requirements. (7) You must determine if a potential You may designate any parts of the leak interface operates with no detect- closed vent system or cover as unsafe able emissions using the applicable to inspect if the requirements in para- procedure specified in paragraph graphs (b)(11)(i) and (ii) of this section (b)(7)(i) or (ii) of this section. are met. Unsafe to inspect parts are ex- (i) If you choose not to adjust the de- empt from the inspection requirements tection instrument readings for the of paragraphs (a)(1) through (3) of this background organic concentration section. level, then you must directly compare (i) You determine that the equipment the maximum organic concentration is unsafe to inspect because inspecting value measured by the detection in- personnel would be exposed to an im- strument to the applicable value for minent or potential danger as a con- the potential leak interface as speci- sequence of complying with paragraphs fied in paragraph (b)(8) of this section. (a)(1), (2), or (3) of this section. (ii) If you choose to adjust the detec- (ii) You have a written plan that re- tion instrument readings for the back- quires inspection of the equipment as ground organic concentration level, frequently as practicable during safe- you must compare the value of the to-inspect times. arithmetic difference between the max- (12) Difficult to inspect requirements. imum organic concentration value You may designate any parts of the measured by the instrument and the closed vent system or cover as difficult background organic concentration to inspect, if the requirements in para- value as determined in paragraph (b)(5) graphs (b)(12)(i) and (ii) of this section of this section with the applicable are met. Difficult to inspect parts are value for the potential leak interface exempt from the inspection require- as specified in paragraph (b)(8) of this ments of paragraphs (a)(1) through (3) section. of this section. (8) A potential leak interface is de- (i) You determine that the equipment termined to operate with no detectable cannot be inspected without elevating organic emissions if the organic con- the inspecting personnel more than 2 centration value determined in parameters above a support surface.

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(ii) You have a written plan that re- to or above the ground surface, and quires inspection of the equipment at those connections that are on such por- least once every 5 years. tions of the cover (e.g., fill ports, access (13) Records. Records shall be main- hatches, gauge wells, etc.) and can be tained as specified in this section and opened to the atmosphere. in § 60.5420(c)(9). (iii) Monthly inspections must be (c) Cover and closed vent system inspec- separated by at least 14 calendar days. tions for storage vessel affected facilities. (3) For each bypass device, except as If you install a control device or route provided for in § 60.5411(c)(3)(ii), you emissions to a process, you must in- must meet the requirements of para- spect each closed vent system accord- graphs (c)(3)(i) or (ii) of this section. ing to the procedures and schedule (i) You must properly install, cali- specified in paragraphs (c)(1) of this brate and maintain a flow indicator at section, inspect each cover according the inlet to the bypass device that to the procedures and schedule speci- could divert the stream away from the fied in paragraph (c)(2) of this section, control device or process to the atmos- and inspect each bypass device accord- phere. Set the flow indicator to trigger ing to the procedures of paragraph an audible alarm, or initiate notifica- (c)(3) of this section. You must also tion via remote alarm to the nearest comply with the requirements of (c)(4) field office, when the bypass device is through (7) of this section. open such that the stream is being, or (1) For each closed vent system, you could be, diverted away from the con- must conduct an inspection at least trol device or process to the atmos- once every calendar month as specified phere. You must maintain records of in paragraphs (c)(1)(i) through (iii) of each time the alarm is activated ac- this section. cording to § 60.5420(c)(8). (i) You must maintain records of the (ii) If the bypass device valve in- inspection results as specified in stalled at the inlet to the bypass device § 60.5420(c)(6). is secured in the non-diverting position (ii) Conduct olfactory, visual and au- using a car-seal or a lock-and-key type ditory inspections for defects that configuration, visually inspect the seal could result in air emissions. Defects or closure mechanism at least once include, but are not limited to, visible every month to verify that the valve is cracks, holes, or gaps in piping; loose maintained in the non-diverting posi- connections; liquid leaks; or broken or tion and the vent stream is not di- missing caps or other closure devices. verted through the bypass device. You (iii) Monthly inspections must be must maintain records of the inspec- separated by at least 14 calendar days. tions and records of each time the key (2) For each cover, you must conduct is checked out, if applicable, according inspections at least once every cal- to § 60.5420(c)(8). endar month as specified in paragraphs (4) Repairs. In the event that a leak (c)(2)(i) through (iii) of this section. or defect is detected, you must repair (i) You must maintain records of the the leak or defect as soon as prac- inspection results as specified in ticable according to the requirements § 60.5420(c)(7). of paragraphs (c)(4)(i) through (iii) of (ii) Conduct olfactory, visual and au- this section, except as provided in ditory inspections for defects that paragraph (c)(5) of this section. could result in air emissions. Defects (i) A first attempt at repair must be include, but are not limited to, visible made no later than 5 calendar days cracks, holes, or gaps in the cover, or after the leak is detected. between the cover and the separator (ii) Repair must be completed no wall; broken, cracked, or otherwise later than 30 calendar days after the damaged seals or gaskets on closure de- leak is detected. vices; and broken or missing hatches, (iii) Grease or another applicable access covers, caps, or other closure de- substance must be applied to deterio- vices. In the case where the storage rating or cracked gaskets to improve vessel is buried partially or entirely the seal while awaiting repair. underground, you must inspect only (5) Delay of repair. Delay of repair of those portions of the cover that extend a closed vent system or cover for which

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leaks or defects have been detected is (a) For each control device used to allowed if the repair is technically in- comply with the emission reduction feasible without a shutdown, or if you standard for centrifugal compressor af- determine that emissions resulting fected facilities in § 60.5380, you must from immediate repair would be great- install and operate a continuous pa- er than the fugitive emissions likely to rameter monitoring system for each result from delay of repair. You must control device as specified in para- complete repair of such equipment by graphs (c) through (g) of this section, the end of the next shutdown. except as provided for in paragraph (b) (6) Unsafe to inspect requirements. You of this section. If you install and oper- may designate any parts of the closed ate a flare in accordance with vent system or cover as unsafe to in- § 60.5412(a)(3), you are exempt from the spect if the requirements in paragraphs requirements of paragraphs (e) and (f) (c)(6)(i) and (ii) of this section are met. of this section. Unsafe to inspect parts are exempt (b) You are exempt from the moni- from the inspection requirements of toring requirements specified in para- paragraphs (c)(1) and (2) of this section. graphs (c) through (g) of this section (i) You determine that the equipment for the control devices listed in para- is unsafe to inspect because inspecting graphs (b)(1) and (2) of this section. personnel would be exposed to an im- (1) A boiler or process heater in minent or potential danger as a con- which all vent streams are introduced sequence of complying with paragraphs with the primary fuel or is used as the (c)(1) or (2) of this section. primary fuel. (ii) You have a written plan that re- (2) A boiler or process heater with a quires inspection of the equipment as design heat input capacity equal to or frequently as practicable during safe- greater than 44 megawatts. to-inspect times. (c) If you are required to install a (7) Difficult to inspect requirements. continuous parameter monitoring sys- You may designate any parts of the tem, you must meet the specifications closed vent system or cover as difficult and requirements in paragraphs (c)(1) to inspect, if the requirements in para- through (4) of this section. graphs (c)(7)(i) and (ii) of this section (1) Each continuous parameter moni- are met. Difficult to inspect parts are toring system must measure data val- exempt from the inspection require- ues at least once every hour and record ments of paragraphs (c)(1) and (2) of the parameters in paragraphs (c)(1)(i) this section. or (ii) of this section. (i) You determine that the equipment (i) Each measured data value. cannot be inspected without elevating (ii) Each block average value for each the inspecting personnel more than 2 1-hour period or shorter periods cal- meters above a support surface. culated from all measured data values (ii) You have a written plan that re- during each period. If values are meas- quires inspection of the equipment at ured more frequently than once per least once every 5 years. minute, a single value for each minute may be used to calculate the hourly (or [77 FR 49542, Aug. 16, 2012, as amended at 78 shorter period) block average instead FR 58443, Sept. 23, 2013; 79 FR 79039, Dec. 31, 2014; 81 FR 35897, June 3, 2016] of all measured values. (2) You must prepare a site-specific § 60.5417 What are the continuous con- monitoring plan that addresses the trol device monitoring require- monitoring system design, data collec- ments for my storage vessel or cen- tion, and the quality assurance and trifugal compressor affected facil- quality control elements outlined in ity? paragraphs (c)(2)(i) through (v) of this You must meet the applicable re- section. You must install, calibrate, quirements of this section to dem- operate, and maintain each continuous onstrate continuous compliance for parameter monitoring system in ac- each control device used to meet emis- cordance with the procedures in your sion standards for your storage vessel approved site-specific monitoring plan. or centrifugal compressor affected fa- (i) The performance criteria and de- cility. sign specifications for the monitoring

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system equipment, including the sam- itored in °C, or ±2.5 °C, whichever value ple interface, detector signal analyzer, is greater. You must install one tem- and data acquisition and calculations. perature sensor in the vent stream at (ii) Sampling interface (e.g., thermo- the nearest feasible point to the cata- couple) location such that the moni- lyst bed inlet, and you must install a toring system will provide representa- second temperature sensor in the vent tive measurements. stream at the nearest feasible point to (iii) Equipment performance checks, the catalyst bed outlet. system accuracy audits, or other audit (iii) For a flare, a heat sensing moni- procedures. toring device equipped with a contin- (iv) Ongoing operation and mainte- uous recorder that indicates the con- nance procedures in accordance with tinuous ignition of the pilot flame. provisions in § 60.13(b). (iv) For a boiler or process heater, a (v) Ongoing reporting and record- temperature monitoring device keeping procedures in accordance with equipped with a continuous recorder. provisions in § 60.7(c), (d), and (f). The temperature monitoring device (3) You must conduct the continuous must have a minimum accuracy of ±1 parameter monitoring system equip- percent of the temperature being mon- ment performance checks, system ac- itored in °C, or ±2.5 °C, whichever value curacy audits, or other audit proce- is greater. You must install the tem- dures specified in the site-specific mon- perature sensor at a location represent- itoring plan at least once every 12 ative of the combustion zone tempera- months. ture. (4) You must conduct a performance (v) For a condenser, a temperature evaluation of each continuous param- monitoring device equipped with a con- eter monitoring system in accordance tinuous recorder. The temperature with the site-specific monitoring plan. monitoring device must have a min- (d) You must install, calibrate, oper- imum accuracy of ±1 percent of the ate, and maintain a device equipped temperature being monitored in °C, or with a continuous recorder to measure ±2.8 °C, whichever value is greater. You the values of operating parameters ap- must install the temperature sensor at propriate for the control device as a location in the exhaust vent stream specified in either paragraph (d)(1), (2), from the condenser. or (3) of this section. (vi) For a regenerative-type carbon (1) A continuous monitoring system adsorption system, a continuous moni- that measures the operating param- toring system that meets the specifica- eters in paragraphs (d)(1)(i) through tions in paragraphs (d)(1)(vi)(A) and (B) (viii) of this section, as applicable. of this section. (i) For a thermal vapor incinerator (A) The continuous parameter moni- that demonstrates during the perform- toring system must measure and ance test conducted under § 60.5413 that record the average total regeneration combustion zone temperature is an ac- stream mass flow or volumetric flow curate indicator of performance, a tem- during each carbon bed regeneration perature monitoring device equipped cycle. The flow sensor must have a with a continuous recorder. The moni- measurement sensitivity of 5 percent of toring device must have a minimum the flow rate or 10 cubic feet per accuracy of ±1 percent of the tempera- minute, whichever is greater. You ture being monitored in °C, or ±2.5 °C, must check the mechanical connec- whichever value is greater. You must tions for leakage at least every month, install the temperature sensor at a lo- and you must perform a visual inspec- cation representative of the combustion at least every 3 months of all com- tion zone temperature. ponents of the flow continuous param- (ii) For a catalytic vapor incinerator, eter monitoring system for physical a temperature monitoring device and operational integrity and all elec- equipped with a continuous recorder. trical connections for oxidation and The device must be capable of moni- galvanic corrosion if your flow contin- toring temperature at two locations uous parameter monitoring system is and have a minimum accuracy of ±1 not equipped with a redundant flow percent of the temperature being mon- sensor; and

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(B) The continuous parameter moni- (e) You must calculate the daily av- toring system must measure and erage value for each monitored oper- record the average carbon bed tempera- ating parameter for each operating ture for the duration of the carbon bed day, using the data recorded by the steaming cycle and measure the actual monitoring system, except for inlet gas carbon bed temperature after regenera- flow rate. If the emissions unit oper- tion and within 15 minutes of com- ation is continuous, the operating day pleting the cooling cycle. The tempera- is a 24-hour period. If the emissions ture monitoring device must have a unit operation is not continuous, the minimum accuracy of ±1 percent of the operating day is the total number of temperature being monitored in °C, or hours of control device operation per ±2.5 °C, whichever value is greater. 24-hour period. Valid data points must (vii) For a nonregenerative-type car- be available for 75 percent of the oper- bon adsorption system, you must mon- ating hours in an operating day to itor the design carbon replacement in- compute the daily average. terval established using a performance (f) For each operating parameter test performed as specified in monitor installed in accordance with § 60.5413(b). The design carbon replace- the requirements of paragraph (d) of ment interval must be based on the this section, you must comply with total carbon working capacity of the paragraph (f)(1) of this section for all control device and source operating control devices. When condensers are schedule. installed, you must also comply with (viii) For a combustion control de- paragraph (f)(2) of this section. vice whose model is tested under (1) You must establish a minimum § 60.5413(d), a continuous monitoring operating parameter value or a max- system meeting the requirements of imum operating parameter value, as paragraphs (d)(1)(viii)(A) and (B) of this appropriate for the control device, to define the conditions at which the con- section. trol device must be operated to con- (A) The continuous monitoring sys- tinuously achieve the applicable per- tem must measure gas flow rate at the formance requirements of § 60.5412(a). inlet to the control device. The moni- You must establish each minimum or toring instrument must have an accu- maximum operating parameter value ± racy of 2 percent or better. The flow as specified in paragraphs (f)(1)(i) rate at the inlet to the combustion de- through (iii) of this section. vice must not exceed the maximum or (i) If you conduct performance tests minimum flow rate determined by the in accordance with the requirements of manufacturer. § 60.5413(b) to demonstrate that the (B) A monitoring device that con- control device achieves the applicable tinuously indicates the presence of the performance requirements specified in pilot flame while emissions are routed § 60.5412(a), then you must establish the to the control device. minimum operating parameter value (2) An organic monitoring device or the maximum operating parameter equipped with a continuous recorder value based on values measured during that measures the concentration level the performance test and supple- of organic compounds in the exhaust mented, as necessary, by a condenser vent stream from the control device. design analysis or control device manu- The monitor must meet the require- facturer recommendations or a comments of Performance Specification 8 bination of both. or 9 of 40 CFR part 60, appendix B. You (ii) If you use a condenser design must install, calibrate, and maintain analysis in accordance with the re- the monitor according to the manufac- quirements of § 60.5413(c) to dem- turer’s specifications. onstrate that the control device (3) A continuous monitoring system achieves the applicable performance re- that measures operating parameters quirements specified in § 60.5412(a), other than those specified in paragraph then you must establish the minimum (d)(1) or (2) of this section, upon ap- operating parameter value or the max- proval of the Administrator as speci- imum operating parameter value based fied in § 60.13(i). on the condenser design analysis and

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supplemented, as necessary, by the curred for the control device for that condenser manufacturer’s rec- operating day. ommendations. (1) A deviation occurs when the daily (iii) If you operate a control device average value of a monitored operating where the performance test require- parameter is less than the minimum ment was met under § 60.5413(d) to dem- operating parameter limit (or, if appli- onstrate that the control device cable, greater than the maximum oper- achieves the applicable performance re- ating parameter limit) established in quirements specified in § 60.5412(a), paragraph (f)(1) of this section. then your control device inlet gas flow (2) If you meet § 60.5412(a)(2), a devi- rate must not exceed the maximum or ation occurs when the 365-day average minimum inlet gas flow rate deter- condenser efficiency calculated accord- mined by the manufacturer. ing to the requirements specified in (2) If you use a condenser as specified § 60.5415(e)(8)(iv) is less than 95.0 per- in paragraph (d)(1)(v) of this section, cent. you must establish a condenser per- (3) If you meet § 60.5412(a)(2) and you formance curve showing the relation- have less than 365 days of data, a devi- ship between condenser outlet tem- ation occurs when the average con- perature and condenser control effi- denser efficiency calculated according ciency, according to the requirements to the procedures specified in of paragraphs (f)(2)(i) and (ii) of this § 60.5415(e)(8)(iv)(A) or (B) is less than section. 90.0 percent. (i) If you conduct a performance test (4) A deviation occurs when the mon- in accordance with the requirements of itoring data are not available for at § 60.5413(b) to demonstrate that the least 75 percent of the operating hours condenser achieves the applicable per- in a day. formance requirements in § 60.5412(a), (5) If the closed vent system contains then the condenser performance curve one or more bypass devices that could must be based on values measured dur- be used to divert all or a portion of the ing the performance test and supple- gases, vapors, or fumes from entering mented as necessary by control device the control device, a deviation occurs design analysis, or control device man- when the requirements of paragraphs ufacturer’s recommendations, or a (g)(5)(i) and (ii) of this section are met. combination or both. (ii) If you use a control device design (i) For each bypass line subject to analysis in accordance with the re- § 60.5411(a)(3)(i)(A), the flow indicator quirements of § 60.5413(c)(1) to dem- indicates that flow has been detected onstrate that the condenser achieves and that the stream has been diverted the applicable performance require- away from the control device to the at- ments specified in § 60.5412(a), then the mosphere. condenser performance curve must be (ii) For each bypass line subject to based on the condenser design analysis § 60.5411(a)(3)(i)(B), if the seal or closure and supplemented, as necessary, by the mechanism has been broken, the by- control device manufacturer’s rec- pass line valve position has changed, ommendations. the key for the lock-and-key type lock (g) A deviation for a given control de- has been checked out, or the car-seal vice is determined to have occurred has broken. when the monitoring data or lack of (6) For a combustion control device monitoring data result in any one of whose model is tested under § 60.5413(d), the criteria specified in paragraphs a deviation occurs when the conditions (g)(1) through (g)(6) of this section of paragraphs (g)(6)(i) or (ii) are met. being met. If you monitor multiple op- (i) The inlet gas flow rate exceeds the erating parameters for the same con- maximum established during the test trol device during the same operating conducted under § 60.5413(d). day and more than one of these oper- (ii) Failure of the quarterly visible ating parameters meets a deviation emissions test conducted under criterion specified in paragraphs (g)(1) § 60.5413(e)(3) occurs. through (6) of this section, then a sin- (h) For each control device used to gle excursion is determined to have oc- comply with the emission reduction

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standard in § 60.5395(d)(1) for your stor- be separated by at least 14 calendar age vessel affected facility, you must days. demonstrate continuous compliance (3) Each control device must be oper- according to paragraphs (h)(1) through ated following the manufacturer’s writ- (h)(3) of this section. You are exempt ten operating instructions, procedures from the requirements of this para- and maintenance schedule to ensure graph if you install a control device good air pollution control practices for model tested in accordance with minimizing emissions. Records of the § 60.5413(d)(2) through (10), which meets manufacturer’s written operating in- the criteria in § 60.5413(d)(11), the re- structions, procedures, and mainte- porting requirement in § 60.5413(d)(12), nance schedule must be available for and meet the continuous compliance inspection as specified in requirement in § 60.5413(e). § 60.5420(c)(13). (1) For each combustion device you [77 FR 49542, Aug. 16, 2012, as amended at 78 must conduct inspections at least once FR 58443, Sept. 23, 2013] every calendar month according to paragraphs (h)(1)(i) through (iv) of this § 60.5420 What are my notification, re- section. Monthly inspections must be porting, and recordkeeping require- separated by at least 14 calendar days. ments? (i) Conduct visual inspections to con- (a) You must submit the notifica- firm that the pilot is lit when vapors tions according to paragraphs (a)(1) are being routed to the combustion de- and (2) of this section if you own or op- vice and that the continuous burning erate one or more of the affected facili- pilot flame is operating properly. ties specified in § 60.5365 that was con- (ii) Conduct inspections to monitor structed, modified, or reconstructed for visible emissions from the combus- during the reporting period. tion device using section 11 of EPA (1) If you own or operate a gas well, Method 22, 40 CFR part 60, appendix A. pneumatic controller, centrifugal com- The observation period shall be 15 min- pressor, reciprocating compressor or utes. Devices must be operated with no storage vessel affected facility you are visible emissions, except for periods not required to submit the notifica- not to exceed a total of 1 minute dur- tions required in § 60.7(a)(1), (3), and (4). ing any 15 minute period. (2)(i) If you own or operate a gas well (iii) Conduct olfactory, visual and au- affected facility, you must submit a ditory inspections of all equipment as- notification to the Administrator no sociated with the combustion device to later than 2 days prior to the com- ensure system integrity. mencement of each well completion op- (iv) For any absence of pilot flame, or eration listing the anticipated date of other indication of smoking or im- the well completion operation. The no- proper equipment operation (e.g., vis- tification shall include contact infor- ual, audible, or olfactory), you must mation for the owner or operator; the ensure the equipment is returned to API well number, the latitude and lon- proper operation as soon as practicable gitude coordinates for each well in dec- after the event occurs. At a minimum, imal degrees to an accuracy and preci- you must perform the procedures speci- sion of five (5) decimals of a degree fied in paragraphs (h)(1)(iv)(A) and (B) using the North American Datum of of this section. 1983; and the planned date of the begin- (A) You must check the air vent for ning of flowback. You may submit the obstruction. If an obstruction is ob- notification in writing or in electronic served, you must clear the obstruction format. as soon as practicable. (ii) If you are subject to state regula- (B) You must check for liquid reach- tions that require advance notification ing the combustor. of well completions and you have met (2) For each vapor recovery device, those notification requirements, then you must conduct inspections at least you are considered to have met the ad- once every calendar month to ensure vance notification requirements of physical integrity of the control device paragraph (a)(2)(i) of this section. according to the manufacturer’s in- (b) Reporting requirements. You structions. Monthly inspections must must submit annual reports containing

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the information specified in paragraphs (ii) Records of deviations specified in (b)(1) through (6) of this section to the paragraph (c)(1)(ii) of this section that Administrator and performance test re- occurred during the reporting period. ports as specified in paragraph (b)(7) or (3) For each centrifugal compressor (8) of this section. The initial annual affected facility, the information speci- report is due no later than 90 days after fied in paragraphs (b)(3)(i) and (ii) of the end of the initial compliance period this section. as determined according to § 60.5410. (i) An identification of each cen- Subsequent annual reports are due no trifugal compressor using a wet seal later than same date each year as the system constructed, modified or recon- initial annual report. If you own or op- structed during the reporting period. erate more than one affected facility, (ii) Records of deviations specified in you may submit one report for mul- paragraph (c)(2) of this section that oc- tiple affected facilities provided the re- curred during the reporting period. port contains all of the information re- (iii) If required to comply with quired as specified in paragraphs (b)(1) § 60.5380(a)(1), the records specified in through (6) of this section. Annual re- paragraphs (c)(6) through (11) of this ports may coincide with title V reports section. as long as all the required elements of (4) For each reciprocating compressor the annual report are included. You affected facility, the information speci- may arrange with the Administrator a fied in paragraphs (b)(4)(i) through (ii) common schedule on which reports re- of this section. quired by this part may be submitted (i) The cumulative number of hours as long as the schedule does not extend of operation or the number of months the reporting period. since initial startup, since October 15, (1) The general information specified 2012, or since the previous recipro- in paragraphs (b)(1)(i) through (iv) of cating compressor rod packing replace- this section. ment, whichever is later. (i) The company name and address of (ii) Records of deviations specified in the affected facility. paragraph (c)(3)(iii) of this section that (ii) An identification of each affected occurred during the reporting period. facility being included in the annual (5) For each pneumatic controller af- report. fected facility, the information speci- (iii) Beginning and ending dates of fied in paragraphs (b)(5)(i) through (iii) the reporting period. of this section. (iv) A certification by a certifying of- (i) An identification of each pneu- ficial of truth, accuracy, and complete- matic controller constructed, modified ness. This certification shall state or reconstructed during the reporting that, based on information and belief period, including the identification in- formed after reasonable inquiry, the formation specified in § 60.5390(b)(2) or statements and information in the doc- (c)(2). ument are true, accurate, and com- (ii) If applicable, documentation that plete. the use of pneumatic controller af- (2) For each gas well affected facility, fected facilities with a natural gas the information in paragraphs (b)(2)(i) bleed rate greater than 6 standard through (ii) of this section. cubic feet per hour are required and the (i) Records of each well completion reasons why. operation as specified in paragraph (iii) Records of deviations specified in (c)(1)(i) through (iv) of this section for paragraph (c)(4)(v) of this section that each gas well affected facility con- occurred during the reporting period. ducted during the reporting period. In (6) For each storage vessel affected lieu of submitting the records specified facility, the information in paragraphs in paragraph (c)(1)(i) through (iv), the (b)(6)(i) through (vii) of this section. owner or operator may submit a list of (i) An identification, including the the well completions with hydraulic location, of each storage vessel af- fracturing completed during the re- fected facility for which construction, porting period and the records required modification or reconstruction com- by paragraph (c)(1)(v) of this section menced during the reporting period. for each well completion. The location of the storage vessel shall

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be in latitude and longitude coordi- change (CDX) (https://cdx.epa.gov/). Only nates in decimal degrees to an accu- data collected using test methods sup- racy and precision of five (5) decimals ported by the ERT as listed on the ERT of a degree using the North American Web site are subject to this require- Datum of 1983. ment for submitting reports electroni- (ii) Documentation of the VOC emis- cally. Owners or operators who claim sion rate determination according to that some of the information being § 60.5365(e) for each storage vessel that submitted for performance tests is con- became an affected facility during the fidential business information (CBI) reporting period or is returned to serv- must submit a complete ERT file in- ice during the reporting period. cluding information claimed to be CBI (iii) Records of deviations specified in on a compact disk or other commonly paragraph (c)(5)(iii) of this section that used electronic storage media (includ- occurred during the reporting period. ing, but not limited to, flash drives) to (iv) You must submit a notification EPA. The electronic media must be identifying each Group 1 storage vessel clearly marked as CBI and mailed to affected facility in your initial annual U.S. EPA/OAPQS/CORE CBI Office, At- report. You must include the location tention: WebFIRE Administrator, MD of the storage vessel, in latitude and C404–02, 4930 Old Page Rd., Durham, NC longitude coordinates in decimal de- 27703. The same ERT file with the CBI grees to an accuracy and precision of omitted must be submitted to EPA via five (5) decimals of a degree using the CDX as described earlier in this para- North American Datum of 1983. graph. At the discretion of the dele- (v) A statement that you have met gated authority, you must also submit the requirements specified in these reports, including the confiden- § 60.5410(h)(2) and (3). tial business information, to the dele- (vi) You must identify each storage gated authority in the format specified vessel affected facility that is removed by the delegated authority. For any from service during the reporting pe- performance test conducted using test riod as specified in § 60.5395(f)(1)(ii), in- methods that are not listed on the ERT cluding the date the storage vessel af- Web site, the owner or operator shall fected facility was removed from serv- submit the results of the performance ice. test to the Administrator at the appro- (vii) You must identify each storage priate address listed in § 60.4. vessel affected facility returned to (ii) All reports, except as specified in service during the reporting period as paragraph (b)(8) of this section, re- specified in § 60.5395(f)(3), including the quired by this subpart not subject to date the storage vessel affected facility the requirements in paragraph (a)(2)(i) was returned to service. of this section must be sent to the Ad- (7)(i) Within 60 days after the date of ministrator at the appropriate address completing each performance test (see listed in § 60.4 of this part. The Admin- § 60.8 of this part) as required by this istrator or the delegated authority subpart, except testing conducted by may request a report in any form suit- the manufacturer as specified in able for the specific case (e.g., by com- § 60.5413(d), you must submit the results monly used electronic media such as of the performance tests required by Excel spreadsheet, on CD or hard copy). this subpart to the EPA as follows. You (8) For enclosed combustors tested by must use the latest version of the the manufacturer in accordance with EPA’s Electronic Reporting Tool (ERT) § 60.5413(d), an electronic copy of the (see http://www.epa.gov/ttn/chief/ert/ performance test results required by index.html) existing at the time of the § 60.5413(d) shall be submitted via email performance test to generate a submis- to [email protected] sion package file, which documents the unless the test results for that model performance test. You must then sub- of combustion control device are post- mit the file generated by the ERT ed at the following Web site: epa.gov/ through the EPA’s Compliance and airquality/oilandgas/. Emissions Data Reporting Interface (c) Recordkeeping requirements. You (CEDRI), which can be accessed by log- must maintain the records identified as ging in to the EPA’s Central Data Ex- specified in § 60.7(f) and in paragraphs

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(c)(1) through (14) of this section. All starting date and ending date for the records required by this subpart must period the well operated under the ex- be maintained either onsite or at the ception; and an explanation of why the nearest local field office for at least 5 well meets the claimed exception. years. (v) For each gas well affected facility (1) The records for each gas well af- required to comply with both fected facility as specified in para- § 60.5375(a)(1) and (3), if you are using a graphs (c)(1)(i) through (v) of this sec- digital photograph in lieu of the tion. records required in paragraphs (c)(1)(i) (i) Records identifying each well through (iv) of this section, you must completion operation for each gas well retain the records of the digital photo- affected facility; graph as specified in § 60.5410(a)(4). (ii) Records of deviations in cases (2) For each centrifugal compressor where well completion operations with affected facility, you must maintain hydraulic fracturing were not per- records of deviations in cases where the formed in compliance with the require- centrifugal compressor was not oper- ments specified in § 60.5375. ated in compliance with the require- (iii) Records required in § 60.5375(b) or ments specified in § 60.5380. (f) for each well completion operation (3) For each reciprocating compres- conducted for each gas well affected fa- sors affected facility, you must main- cility that occurred during the report- tain the records in paragraphs (c)(3)(i) ing period. You must maintain the through (iii) of this section. records specified in paragraphs (i) Records of the cumulative number (c)(1)(iii)(A) and (B) of this section. of hours of operation or number of (A) For each gas well affected facility months since initial startup or October required to comply with the require- 15, 2012, or the previous replacement of ments of § 60.5375(a), you must record: the reciprocating compressor rod pack- The location of the well; the API well ing, whichever is later. number; the date and time of the onset (ii) Records of the date and time of of flowback following hydraulic frac- each reciprocating compressor rod turing or refracturing; the date and packing replacement, or date of instal- time of each attempt to direct lation of a rod packing emissions col- flowback to a separator as required in lection system and closed vent system § 60.5375(a)(1)(i); the date and time of as specified in § 60.5385(a)(3). each occurrence of returning to the ini- (iii) Records of deviations in cases tial flowback stage under where the reciprocating compressor § 60.5375(a)(1)(i); and the date and time was not operated in compliance with that the well was shut in and the the requirements specified in § 60.5385. flowback equipment was permanently (4) For each pneumatic controller af- disconnected, or the startup of produc- fected facility, you must maintain the tion; the duration of flowback; dura- records identified in paragraphs tion of recovery to the flow line; dura- (c)(4)(i) through (v) of this section. tion of combustion; duration of vent- (i) Records of the date, location and ing; and specific reasons for venting in manufacturer specifications for each lieu of capture or combustion. The du- pneumatic controller constructed, ration must be specified in hours of modified or reconstructed. time. (ii) Records of the demonstration (B) For each gas well affected facility that the use of pneumatic controller required to comply with the require- affected facilities with a natural gas ments of § 60.5375(f), you must maintain bleed rate greater than the applicable the records specified in paragraph standard are required and the reasons (c)(1)(iii)(A) of this section except that why. you do not have to record the duration (iii) If the pneumatic controller is of recovery to the flow line. not located at a natural gas processing (iv) For each gas well facility for plant, records of the manufacturer’s which you claim an exception under specifications indicating that the con- § 60.5375(a)(3), you must record: The lo- troller is designed such that natural cation of the well; the API well num- gas bleed rate is less than or equal to ber; the specific exception claimed; the 6 standard cubic feet per hour.

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(iv) If the pneumatic controller is lo- (7) A record of each cover inspection cated at a natural gas processing plant, required under § 60.5416(a)(3) for cen- records of the documentation that the trifugal or reciprocating compressors natural gas bleed rate is zero. or § 60.5416(c)(2) for storage vessels. (v) Records of deviations in cases (8) If you are subject to the bypass where the pneumatic controller was requirements of § 60.5416(a)(4) for cen- not operated in compliance with the re- trifugal or reciprocating compressors quirements specified in § 60.5390. or § 60.5416(c)(3) for storage vessels, a (5) Except as specified in paragraph record of each inspection or a record (c)(5)(v) of this section, for each stor- each time the key is checked out or a age vessel affected facility, you must record of each time the alarm is sound- maintain the records identified in ed. paragraphs (c)(5)(i) through (iv) of this (9) If you are subject to the closed section. vent system no detectable emissions (i) If required to reduce emissions by requirements of § 60.5416(b) for cen- complying with § 60.5395(d)(1), the trifugal or reciprocating compressors, records specified in §§ 60.5420(c)(6) a record of the monitoring conducted through (8), 60.5416(c)(6)(ii), and in accordance with § 60.5416(b). 60.6516(c)(7)(ii) of this subpart. (10) For each centrifugal compressor (ii) Records of each VOC emissions affected facility, records of the sched- determination for each storage vessel ule for carbon replacement (as deter- affected facility made under § 60.5365(e) mined by the design analysis require- including identification of the model or ments of § 60.5413(c)(2) or (3)) and calculation methodology used to calculate the VOC emission rate. records of each carbon replacement as specified in § 60.5412(c)(1). (iii) Records of deviations in cases where the storage vessel was not oper- (11) For each centrifugal compressor ated in compliance with the require- subject to the control device requirements specified in §§ 60.5395, 60.5411, ments of § 60.5412(a), (b), and (c), 60.5412, and 60.5413, as applicable. records of minimum and maximum op- (iv) For storage vessels that are skid- erating parameter values, continuous mounted or permanently attached to parameter monitoring system data, something that is mobile (such as calculated averages of continuous pa- trucks, railcars, barges or ships), rameter monitoring system data, re- records indicating the number of con- sults of all compliance calculations, secutive days that the vessel is located and results of all inspections. at a site in the oil and natural gas pro- (12) For each carbon adsorber in- duction segment, natural gas proc- stalled on storage vessel affected facili- essing segment or natural gas trans- ties, records of the schedule for carbon mission and storage segment. If a stor- replacement (as determined by the de- age vessel is removed from a site and, sign analysis requirements of within 30 days, is either returned to or § 60.5412(d)(2)) and records of each car- replaced by another storage vessel at bon replacement as specified in the site to serve the same or similar § 60.5412(c)(1). function, then the entire period since (13) For each storage vessel affected the original storage vessel was first lo- facility subject to the control device cated at the site, including the days requirements of § 60.5412(c) and (d), you when the storage vessel was removed, must maintain records of the inspec- will be added to the count towards the tions, including any corrective actions number of consecutive days. taken, the manufacturers’ operating (v) You must maintain records of the instructions, procedures and mainte- identification and location of each storage vessel affected facility. nance schedule as specified in § 60.5417(h). You must maintain records (6) Records of each closed vent system inspection required under of EPA Method 22, 40 CFR part 60, ap- § 60.5416(a)(1) and (2) for centrifugal or pendix A, section 11 results, which in- reciprocating compressors or clude: company, location, company § 60.5416(c)(1) for storage vessels.

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representative (name of the person per- methods specified in paragraph (a) of forming the observation), sky condi- this section after each repair attempt tions, process unit (type of control de- is 500 ppm or greater. vice), clock start time, observation pe- (v) ‘‘Repair delayed’’ and the reason riod duration (in minutes and seconds), for the delay if a leak is not repaired accumulated emission time (in minutes within 15 calendar days after discovery and seconds), and clock end time. You of the leak. may create your own form including (vi) The signature of the owner or op- the above information or use Figure 22– erator (or designate) whose decision it 1 in EPA Method 22, 40 CFR part 60, ap- was that repair could not be effected pendix A. Manufacturer’s operating in- without a process shutdown. structions, procedures and mainte- (vii) The expected date of successful nance schedule must be available for repair of the leak if a leak is not re- inspection. paired within 15 days. (14) A log of records as specified in (viii) Dates of process unit shutdowns §§ 60.5412(d)(1)(iii) and 60.5413(e)(4) for that occur while the equipment is all inspection, repair and maintenance unrepaired. activities for each control device failing the visible emissions test. (ix) The date of successful repair of the leak. [77 FR 49542, Aug. 16, 2012, as amended at 78 (x) A list of identification numbers FR 58445, Sept. 23, 2013; 79 FR 79039, Dec. 31, for equipment that are designated for 2014; 81 FR 35897, June 3, 2016] no detectable emissions under the pro- § 60.5421 What are my additional rec- visions of § 60.482–4a(a). The designation ordkeeping requirements for my af- of equipment subject to the provisions fected facility subject to VOC re- of § 60.482–4a(a) must be signed by the quirements for onshore natural gas owner or operator. processing plants? (a) You must comply with the re- § 60.5422 What are my additional requirements of paragraph (b) of this sec- porting requirements for my affected facility subject to VOC re- tion in addition to the requirements of quirements for onshore natural gas § 60.486a. processing plants? (b) The following recordkeeping requirements apply to pressure relief de- (a) You must comply with the re- vices subject to the requirements of quirements of paragraphs (b) and (c) of § 60.5401(b)(1) of this subpart. this section in addition to the require- (1) When each leak is detected as ments of § 60.487a(a), (b), (c)(2)(i) specified in § 60.5401(b)(2), a weather- through (iv), and (c)(2)(vii) through proof and readily visible identification, (viii). marked with the equipment identifica- (b) An owner or operator must in- tion number, must be attached to the clude the following information in the leaking equipment. The identification initial semiannual report in addition to on the pressure relief device may be re- the information required in moved after it has been repaired. § 60.487a(b)(1) through (4): Number of (2) When each leak is detected as pressure relief devices subject to the specified in § 60.5401(b)(2), the following requirements of § 60.5401(b) except for information must be recorded in a log those pressure relief devices designated and shall be kept for 2 years in a read- for no detectable emissions under the ily accessible location: provisions of § 60.482–4a(a) and those (i) The instrument and operator iden- pressure relief devices complying with tification numbers and the equipment § 60.482–4a(c). identification number. (c) An owner or operator must in- (ii) The date the leak was detected clude the following information in all and the dates of each attempt to repair semiannual reports in addition to the the leak. information required in § 60.487a(c)(2)(i) (iii) Repair methods applied in each through (vi): attempt to repair the leak. (1) Number of pressure relief devices (iv) ‘‘Above 500 ppm’’ if the maximum for which leaks were detected as re- instrument reading measured by the quired in § 60.5401(b)(2); and

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(2) Number of pressure relief devices forcement authority to a state under for which leaks were not repaired as re- section 111(c) of the Act, approves required in § 60.5401(b)(3). porting requirements or an alternative means of compliance surveillance § 60.5423 What additional record- adopted by such state. In that event, keeping and reporting require- affected sources within the state will ments apply to my sweetening unit affected facilities at onshore nat- be relieved of obligation to comply ural gas processing plants? with paragraph (b) of this section, provided that they comply with the re- (a) You must retain records of the quirements established by the state. calculations and measurements required in §§ 60.5405(a) and (b) and § 60.5425 What part of the General 60.5407(a) through (g) for at least 2 Provisions apply to me? years following the date of the meas- Table 3 to this subpart shows which urements. This requirement is included parts of the General Provisions in under § 60.7(d) of the General Provi- §§ 60.1 through 60.19 apply to you. sions. (b) You must submit a report of ex- § 60.5430 What definitions apply to this cess emissions to the Administrator in subpart? your annual report if you had excess As used in this subpart, all terms not emissions during the reporting period. defined herein shall have the meaning For the purpose of these reports, excess given them in the Act, in subpart A or emissions are defined as: subpart VVa of part 60; and the fol- (1) Any 24-hour period (at consistent lowing terms shall have the specific intervals) during which the average sulfur emission reduction efficiency (R) meanings given them. Acid gas means a gas stream of hy- is less than the minimum required efficiency (Z). drogen sulfide (H2S) and carbon dioxide (2) For any affected facility electing (CO2) that has been separated from to comply with the provisions of sour natural gas by a sweetening unit. § 60.5407(b)(2), any 24-hour period during Alaskan North Slope means the ap- which the average temperature of the proximately 69,000 square-mile area ex- gases leaving the combustion zone of tending from the Brooks Range to the an incinerator is less than the appro- Arctic Ocean. priate operating temperature as deter- API Gravity means the weight per mined during the most recent perform- unit volume of hydrocarbon liquids as ance test in accordance with the provi- measured by a system recommended by sions of § 60.5407(b)(2). Each 24-hour pe- the American Petroleum Institute riod must consist of at least 96 tem- (API) and is expressed in degrees. perature measurements equally spaced Bleed rate means the rate in standard over the 24 hours. cubic feet per hour at which natural (c) To certify that a facility is ex- gas is continuously vented (bleeds) empt from the control requirements of from a pneumatic controller. these standards, for each facility with Capital expenditure means, in addition a design capacity less that 2 LT/D of to the definition in 40 CFR 60.2, an expenditure for a physical or operational H2S in the acid gas (expressed as sulfur) you must keep, for the life of the change to an existing facility that: facility, an analysis demonstrating (1) Exceeds P, the product of the fa- that the facility’s design capacity is cility’s replacement cost, R, and an adjusted annual asset guideline repair al- less than 2 LT/D of H2S expressed as sulfur. lowance, A, as reflected by the fol- (d) If you elect to comply with lowing equation: P = R × A, where § 60.5407(e) you must keep, for the life (i) The adjusted annual asset guide- of the facility, a record demonstrating line repair allowance, A, is the product that the facility’s design capacity is of the percent of the replacement cost, Y, and the applicable basic annual less than 150 LT/D of H2S expressed as sulfur. asset guideline repair allowance, B, di- (e) The requirements of paragraph (b) vided by 100 as reflected by the fol- of this section remain in force until lowing equation: and unless the EPA, in delegating en- A = Y × (B ÷ 100);

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(ii) The percent Y is determined from geographic unit of the agency (e.g., a the following equation: Y = 1.0 ¥ 0.575 Regional Administrator of EPA); or log X, where X is 2011 minus the year of (4) For affected facilities: construction; and (i) The designated representative in (iii) The applicable basic annual so far as actions, standards, require- asset guideline repair allowance, B, is ments, or prohibitions under title IV of 4.5. the Clean Air Act or the regulations (2) [Reserved] promulgated thereunder are concerned; Centrifugal compressor means any ma- or chine for raising the pressure of a nat- (ii) The designated representative for ural gas by drawing in low pressure any other purposes under part 60. natural gas and discharging signifi- City gate means the delivery point at cantly higher pressure natural gas by which natural gas is transferred from a means of mechanical rotating vanes or transmission pipeline to the local gas impellers. Screw, sliding vane, and liq- utility. uid ring compressors are not cen- Collection system means any infra- trifugal compressors for the purposes structure that conveys gas or liquids of this subpart. from the well site to another location for treatment, storage, processing, re- Certifying official means one of the cycling, disposal or other handling. following: Completion combustion device means (1) For a corporation: A president, any ignition device, installed hori- secretary, treasurer, or vice-president zontally or vertically, used in explo- of the corporation in charge of a prin- ration and production operations to cipal business function, or any other combust otherwise vented emissions person who performs similar policy or from completions. decision-making functions for the cor- Compressor station means any perma- poration, or a duly authorized rep- nent combination of one or more com- resentative of such person if the rep- pressors that move natural gas at in- resentative is responsible for the over- creased pressure from fields, in trans- all operation of one or more manufac- mission pipelines, or into storage. turing, production, or operating facili- Condensate means hydrocarbon liquid ties applying for or subject to a permit separated from natural gas that con- and either: denses due to changes in the tempera- (i) The facilities employ more than ture, pressure, or both, and remains 250 persons or have gross annual sales liquid at standard conditions. or expenditures exceeding $25 million Continuous bleed means a continuous (in second quarter 1980 dollars); or flow of pneumatic supply natural gas (ii) The Administrator is notified of to the process control device (e.g., level such delegation of authority prior to control, temperature control, pressure the exercise of that authority. The Ad- control) where the supply gas pressure ministrator reserves the right to evalu- is modulated by the process condition, ate such delegation; and then flows to the valve controller (2) For a partnership (including but where the signal is compared with the not limited to general partnerships, process set-point to adjust gas pressure limited partnerships, and limited li- in the valve actuator. ability partnerships) or sole proprietor- Custody transfer means the transfer of ship: A general partner or the propri- natural gas after processing and/or etor, respectively. If a general partner treatment in the producing operations, is a corporation, the provisions of para- or from storage vessels or automatic graph (1) of this definition apply; transfer facilities or other such equip- (3) For a municipality, State, Fed- ment, including product loading racks, eral, or other public agency: Either a to pipelines or any other forms of principal executive officer or ranking transportation. elected official. For the purposes of Dehydrator means a device in which this part, a principal executive officer an absorbent directly contacts a nat- of a Federal agency includes the chief ural gas stream and absorbs water in a executive officer having responsibility contact tower or absorption column for the overall operations of a principal (absorber).

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Deviation means any instance in ural gas well during the flowback proc- which an affected source subject to this ess. The flowback period begins when subpart, or an owner or operator of material introduced into the well dur- such a source: ing the treatment returns to the sur- (1) Fails to meet any requirement or face following hydraulic fracturing or obligation established by this subpart refracturing. The flowback period ends including, but not limited to, any emis- when either the well is shut in and per- sion limit, operating limit, or work manently disconnected from the practice standard; flowback equipment or at the startup (2) Fails to meet any term or condi- of production. The flowback period in- tion that is adopted to implement an cludes the initial flowback stage and applicable requirement in this subpart the separation flowback stage. and that is included in the operating Gas processing plant process unit permit for any affected source required means equipment assembled for the ex- to obtain such a permit; or traction of natural gas liquids from (3) Fails to meet any emission limit, field gas, the fractionation of the liq- operating limit, or work practice uids into natural gas products, or other standard in this subpart during start- operations associated with the proc- up, shutdown, or malfunction, regard- essing of natural gas products. A proc- less of whether or not such failure is ess unit can operate independently if permitted by this subpart. supplied with sufficient feed or raw ma- Delineation well means a well drilled terials and sufficient storage facilities in order to determine the boundary of for the products. a field or producing reservoir. Gas well or natural gas well means an Equipment, as used in the standards onshore well drilled principally for pro- and requirements in this subpart rel- duction of natural gas. ative to the equipment leaks of VOC Group 1 storage vessel means a storage from onshore natural gas processing vessel, as defined in this section, for plants, means each pump, pressure re- which construction, modification or relief device, open-ended valve or line, valve, and flange or other connector construction has commenced after Au- that is in VOC service or in wet gas gust 23, 2011, and on or before April 12, service, and any device or system re- 2013. quired by those same standards and re- Group 2 storage vessel means a storage quirements in this subpart. vessel, as defined in this section, for Field gas means feedstock gas enter- which construction, modification or re- ing the natural gas processing plant. construction has commenced after Field gas gathering means the system April 12, 2013, and on or before Sep- used transport field gas from a field to tember 18, 2015. the main pipeline in the area. Hydraulic fracturing or refracturing Flare means a thermal oxidation sys- means the process of directing pressur- tem using an open (without enclosure) ized fluids containing any combination flame. Completion combustion devices of water, proppant, and any added as defined in this section are not con- chemicals to penetrate tight forma- sidered flares. tions, such as shale or coal formations, Flow line means a pipeline used to that subsequently require high rate, transport oil and/or gas to a processing extended flowback to expel fracture facility, a mainline pipeline, re-injec- fluids and solids during completions. tion, or routed to a process or other Hydraulic refracturing means con- useful purpose. ducting a subsequent hydraulic frac- Flowback means the process of allow- turing operation at a well that has pre- ing fluids and entrained solids to flow viously undergone a hydraulic frac- from a natural gas well following a turing operation. treatment, either in preparation for a In light liquid service means that the subsequent phase of treatment or in piece of equipment contains a liquid preparation for cleanup and returning that meets the conditions specified in the well to production. The term § 60.485a(e) or § 60.5401(g)(2) of this part. flowback also means the fluids and en- In wet gas service means that a com- trained solids that emerge from a nat- pressor or piece of equipment contains

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or contacts the field gas before the ex- of purchased gas, gathering system, traction step at a gas processing plant storage area, or other wholesale source process unit. of gas to one or more distribution Initial flowback stage means the pe- area(s). riod during a well completion oper- Nonfractionating plant means any gas ation which begins at the onset of plant that does not fractionate mixed flowback and ends at the separation natural gas liquids into natural gas flowback stage. products. Intermediate hydrocarbon liquid means Non-natural gas-driven pneumatic con- any naturally occurring, unrefined pe- troller means an instrument that is ac- troleum liquid. tuated using other sources of power Intermittent/snap-action pneumatic con- than pressurized natural gas; examples troller means a pneumatic controller include solar, electric, and instrument that vents non-continuously. air. Liquefied natural gas unit means a unit used to cool natural gas to the Onshore means all facilities except point at which it is condensed into a those that are located in the territorial liquid which is colorless, odorless, non- seas or on the outer continental shelf. corrosive and non-toxic. Pneumatic controller means an auto- Low pressure gas well means a well mated instrument used for maintaining with reservoir pressure and vertical a process condition such as liquid level, well depth such that 0.445 times the pressure, delta-pressure and tempera- reservoir pressure (in psia) minus 0.038 ture. times the true vertical well depth (in Pressure vessel means a storage vessel feet) minus 67.578 psia is less than the that is used to store liquids or gases flow line pressure at the sales meter. and is designed not to vent to the at- Maximum average daily throughput mosphere as a result of compression of means the earliest calculation of daily the vapor headspace in the pressure average throughput during the 30-day vessel during filling of the pressure PTE evaluation period employing gen- vessel to its design capacity. erally accepted methods. Process unit means components as- Natural gas-driven pneumatic controller sembled for the extraction of natural means a pneumatic controller powered gas liquids from field gas, the fraction- by pressurized natural gas. ation of the liquids into natural gas Natural gas liquids means the hydro- products, or other operations associ- carbons, such as ethane, propane, bu- ated with the processing of natural gas tane, and pentane that are extracted products. A process unit can operate from field gas. independently if supplied with suffi- Natural gas processing plant (gas cient feed or raw materials and suffi- plant) means any processing site en- cient storage facilities for the prod- gaged in the extraction of natural gas ucts. liquids from field gas, fractionation of Produced water means water that is mixed natural gas liquids to natural extracted from the earth from an oil or gas products, or both. A Joule-Thomp- son valve, a dew point depression valve, natural gas production well, or that is or an isolated or standalone Joule- separated from crude oil, condensate, Thompson skid is not a natural gas or natural gas after extraction. processing plant. Reciprocating compressor means a Natural gas transmission means the piece of equipment that increases the pipelines used for the long distance pressure of a process gas by positive transport of natural gas (excluding displacement, employing linear move- processing). Specific equipment used in ment of the driveshaft. natural gas transmission includes the Reciprocating compressor rod packing land, mains, valves, meters, boosters, means a series of flexible rings in ma- regulators, storage vessels, chined metal cups that fit around the dehydrators, compressors, and their reciprocating compressor piston rod to driving units and appurtenances, and create a seal limiting the amount of equipment used for transporting gas compressed natural gas that escapes to from a production plant, delivery point the atmosphere.

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Recovered gas means gas recovered for the overall operations of a principal through the separation process during geographic unit of the agency (e.g., a flowback. Regional Administrator of EPA); or Recovered liquids means any crude oil, (4) For affected facilities: condensate or produced water recov- (i) The designated representative in ered through the separation process so far as actions, standards, require- during flowback. ments, or prohibitions under title IV of Reduced emissions completion means a the Clean Air Act or the regulations well completion following fracturing or promulgated thereunder are concerned; refracturing where gas flowback that is or otherwise vented is captured, cleaned, (ii) The designated representative for and routed to the flow line or collec- any other purposes under part 60. tion system, re-injected into the well Returned to service means that a or another well, used as an on-site fuel Group 1 or Group 2 storage vessel af- source, or used for other useful purpose fected facility that was removed from that a purchased fuel or raw material service has been: would serve, with no direct release to (1) Reconnected to the original the atmosphere. source of liquids or has been used to re- Reduced sulfur compounds means H2S, place any storage vessel affected facil- carbonyl sulfide (COS), and carbon di- ity; or sulfide (CS2). (2) Installed in any location covered Removed from service means that a by this subpart and introduced with storage vessel affected facility has crude oil, condensate, intermediate hy- been physically isolated and discon- drocarbon liquids or produced water. nected from the process for a purpose Routed to a process or route to a process other than maintenance in accordance means the emissions are conveyed via a with § 60.5395(f)(1). closed vent system to any enclosed por- Responsible official means one of the tion of a process where the emissions following: are predominantly recycled and/or con- (1) For a corporation: A president, sumed in the same manner as a mate- secretary, treasurer, or vice-president rial that fulfills the same function in of the corporation in charge of a prin- the process and/or transformed by cipal business function, or any other chemical reaction into materials that person who performs similar policy or are not regulated materials and/or in- decision-making functions for the cor- corporated into a product; and/or re- poration, or a duly authorized rep- covered. resentative of such person if the rep- Salable quality gas means natural gas resentative is responsible for the over- that meets the flow line or collection all operation of one or more manufac- system operator specifications, regard- turing, production, or operating facili- less of whether such gas is sold. ties applying for or subject to a permit Separation flowback stage means the and either: period during a well completion oper- (i) The facilities employ more than ation when it is technically feasible for 250 persons or have gross annual sales a separator to function. The separation or expenditures exceeding $25 million flowback stage ends either at the start- (in second quarter 1980 dollars); or up of production, or when the well is (ii) The delegation of authority to shut in and permanently disconnected such representatives is approved in ad- from the flowback equipment. vance by the permitting authority; Startup of production means the be- (2) For a partnership or sole propri- ginning of initial flow following the etorship: A general partner or the pro- end of flowback when there is contin- prietor, respectively; uous recovery of salable quality gas (3) For a municipality, State, Fed- and separation and recovery of any eral, or other public agency: Either a crude oil, condensate or produced principal executive officer or ranking water. elected official. For the purposes of Storage vessel means a tank or other this part, a principal executive officer vessel that contains an accumulation of a Federal agency includes the chief of crude oil, condensate, intermediate executive officer having responsibility hydrocarbon liquids, or produced

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water, and that is constructed pri- and/or carbon dioxide from the sour marily of nonearthen materials (such natural gas stream. as wood, concrete, steel, fiberglass, or Total Reduced Sulfur (TRS) means the plastic) which provide structural sup- sum of the sulfur compounds hydrogen port. A well completion vessel that re- sulfide, methyl mercaptan, dimethyl ceives recovered liquids from a well sulfide, and dimethyl disulfide as meas- after startup of production following ured by Method 16 of appendix A to flowback for a period which exceeds 60 part 60 of this chapter. days is considered a storage vessel Total SO2 equivalents means the sum under this subpart. A tank or other of volumetric or mass concentrations vessel shall not be considered a storage of the sulfur compounds obtained by vessel if it has been removed from serv- adding the quantity existing as SO2 to ice in accordance with the require- the quantity of SO2 that would be ob- ments of § 60.5395(f) until such time as tained if all reduced sulfur compounds such tank or other vessel has been re- were converted to SO2 (ppmv or kg/ turned to service. A tank or other ves- dscm (lb/dscf)). sel shall not be considered a storage Underground storage vessel means a vessel if it has been removed from serv- storage vessel stored below ground. ice in accordance with the require- Well means an oil or gas well, a hole ments of § 60.5395(f) until such time as drilled for the purpose of producing oil such tank or other vessel has been re- or gas, or a well into which fluids are turned to service. For the purposes of injected. this subpart, the following are not con- Well completion means the process sidered storage vessels: that allows for the flowback of petro- (1) Vessels that are skid-mounted or leum or natural gas from newly drilled permanently attached to something wells to expel drilling and reservoir that is mobile (such as trucks, railcars, fluids and tests the reservoir flow char- barges or ships), and are intended to be acteristics, which may vent produced located at a site for less than 180 con- hydrocarbons to the atmosphere via an secutive days. If you do not keep or are open pit or tank. not able to produce records, as required Well completion operation means any by § 60.5420(c)(5)(iv), showing that the well completion with hydraulic frac- vessel has been located at a site for less turing or refracturing occurring at a than 180 consecutive days, the vessel gas well affected facility. described herein is considered to be a Well completion vessel means a vessel storage vessel from the date the origi- that contains flowback during a well nal vessel was first located at the site. completion operation following hy- This exclusion does not apply to a well draulic fracturing or refracturing. A completion vessel as described above. well completion vessel may be a lined (2) Process vessels such as surge con- earthen pit, a tank or other vessel that trol vessels, bottoms receivers or is skid-mounted or portable. A well knockout vessels. completion vessel that receives recov- (3) Pressure vessels designed to oper- ered liquids from a well after startup of ate in excess of 204.9 kilopascals and production following flowback for a pe- without emissions to the atmosphere. riod which exceeds 60 days is consid- Sulfur production rate means the rate ered a storage vessel under this sub- of liquid sulfur accumulation from the part. sulfur recovery unit. Well site means one or more areas Sulfur recovery unit means a process that are directly disturbed during the device that recovers element sulfur drilling and subsequent operation of, or from acid gas. affected by, production facilities di- Surface site means any combination rectly associated with any oil well, gas of one or more graded pad sites, gravel well, or injection well and its associ- pad sites, foundations, platforms, or ated well pad. the immediate physical location upon Wellhead means the piping, casing, which equipment is physically affixed. tubing and connected valves protruding Sweetening unit means a process de- above the earth’s surface for an oil and/ vice that removes hydrogen sulfide or natural gas well. The wellhead ends

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where the flow line connects to a well- an oil or gas field where no other oil head valve. The wellhead does not in- and gas production exists. clude other equipment at the well site except for any conveyance through [77 FR 49542, Aug. 16, 2012, as amended at 78 which gas is vented to the atmosphere. FR 58447, Sept. 23, 2013; 79 FR 79040, Dec. 31, 2014; 80 FR 48268, Aug. 12, 2015; 81 FR 35898, Wildcat well means a well outside June 3, 2016] known fields or the first well drilled in

TABLE 1 TO SUBPART OOOO OF PART 60—REQUIRED MINIMUM INITIAL SO2 EMISSION REDUCTION EFFICIENCY (Zi)

Sulfur feed rate (X), LT/D H2S content of acid gas (Y), % ≤ ≤ ≤ 15.0 < X ≤ 2.0 X 5.0 5.0 < X 15.0 300.0 X > 300.0

Y ≥ 50 ...... 79.0 88.51X0.0101Y0.0125 or 99.9, whichever is smaller.

20 ≤ Y < 50 ...... 79.0 88.51X0.0101Y0.0125 or 97.9, whichever is smaller 97.9

10 ≤ Y < 20 ...... 79.0 88.51X0.0101Y0.0125 or 93.5, whichever is 93.5 93.5 smaller. Y < 10 ...... 79.0 79.0 ...... 79.0 79.0

[78 FR 58447, Sept. 23, 2013]

TABLE 2 TO SUBPART OOOO OF PART 60—REQUIRED MINIMUM SO2 EMISSION REDUCTION EFFICIENCY (Zc)

Sulfur feed rate (X), LT/D H2S content of acid gas (Y), % ≤ ≤ ≤ 15.0 < X ≤ 2.0 X 5.0 5.0 < X 15.0 300.0 X > 300.0

Y ≥ 50 ...... 74.0 85.35X0.0144Y0.0128 or 99.9, whichever is smaller.

20 ≤ Y < 50 ...... 74.0 85.35X0.0144Y0.0128 or 97.5, whichever is smaller 97.5

10 ≤ Y < 20 ...... 74.0 85.35X0.0144Y0.0128 or 90.8, whichever is 90.8 90.8 smaller. Y < 10 ...... 74.0 74.0 ...... 74.0 74.0

X = The sulfur feed rate from the sweetening unit (i.e., the H2S in the acid gas), expressed as sulfur, Mg/D(LT/D), rounded to one decimal place. Y = The sulfur content of the acid gas from the sweetening unit, expressed as mole percent H2S (dry basis) rounded to one decimal place. Z = The minimum required sulfur dioxide (SO2) emission reduction efficiency, expressed as percent carried to one decimal place. Zi refers to the reduction efficiency required at the initial performance test. Zc refers to the reduction efficiency required on a continuous basis after compliance with Zi has been demonstrated.

[78 FR 58447, Sept. 23, 2013]

TABLE 3 TO SUBPART OOOO OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOOO As stated in § 60.5425, you must comply with the following applicable General Provisions:

General provisions Subject of citation Applies to Explanation citation subpart?

§ 60.1 ...... General applicability of the General Yes. Provisions. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.5430. § 60.3 ...... Units and abbreviations ...... Yes. § 60.4 ...... Address ...... Yes. § 60.5 ...... Determination of construction or modi- Yes. fication. § 60.6 ...... Review of plans ...... Yes. § 60.7 ...... Notification and record keeping ...... Yes ...... Except that § 60.7 only applies as specified in § 60.5420(a).

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General provisions Subject of citation Applies to Explanation citation subpart?

§ 60.8 ...... Performance tests ...... Yes ...... Performance testing is required for control devices used on storage vessels and centrifugal compressors. § 60.9 ...... Availability of information ...... Yes. § 60.10 ...... State authority ...... Yes. § 60.11 ...... Compliance with standards and main- No ...... Requirements are specified in subpart tenance requirements. OOOO. § 60.12 ...... Circumvention ...... Yes. § 60.13 ...... Monitoring requirements ...... Yes ...... Continuous monitors are required for storage vessels. § 60.14 ...... Modification ...... Yes. § 60.15 ...... Reconstruction ...... Yes. Except that § 60.15(d) does not apply to gas wells, pneumatic controllers, centrifugal compressors, reciprocating compressors or storage vessels. § 60.16 ...... Priority list ...... Yes. § 60.17 ...... Incorporations by reference ...... Yes. § 60.18 ...... General control device requirements .. Yes ...... Except that the period of visible emissions shall not exceed a total of 1 minute during any 15-minute period instead of 5 minutes during any 2 consecutive hours as required in § 60.18(c). § 60.19 ...... General notification and reporting re- Yes. quirement.

[77 FR 49542, Aug. 16, 2012, as amended at 81 FR 35898, June 3, 2016]

Subpart OOOOa—Standards of struction, modification or reconstruc- Performance for Crude Oil tion after September 18, 2015. The effec- and Natural Gas Facilities for tive date of the rule is August 2, 2016. (b) Prevention of Significant Deteriora- which Construction, Modifica- tion (PSD) and title V thresholds for tion or Reconstruction Com- Greenhouse Gases. (1) For the purposes menced After September 18, of 40 CFR 51.166(b)(49)(ii), with respect 2015 to GHG emissions from affected facilities, the ‘‘pollutant that is subject to SOURCE: 81 FR 35898, June 3, 2016, unless the standard promulgated under sec- otherwise noted. tion 111 of the Act’’ shall be considered to be the pollutant that otherwise is § 60.5360a What is the purpose of this subject to regulation under the Act as subpart? defined in 40 CFR 51.166(b)(48) and in (a) This subpart establishes emission any State Implementation Plan (SIP) standards and compliance schedules for approved by the EPA that is inter- the control of the pollutant greenhouse preted to incorporate, or specifically gases (GHG). The greenhouse gas incorporates, § 51.166(b)(48). standard in this subpart is in the form (2) For the purposes of 40 CFR of a limitation on emissions of meth- 52.21(b)(50)(ii), with respect to GHG ane from affected facilities in the crude emissions from affected facilities, the oil and natural gas source category ‘‘pollutant that is subject to the stand- that commence construction, modifica- ard promulgated under section 111 of tion, or reconstruction after September the Act’’ shall be considered to be the 18, 2015. This subpart also establishes pollutant that otherwise is subject to emission standards and compliance regulation under the Clean Air Act as schedules for the control of volatile or- defined in 40 CFR 52.21(b)(49). ganic compounds (VOC) and sulfur di- (3) For the purposes of 40 CFR 70.2, oxide (SO2) emissions from affected fa- with respect to greenhouse gas emis- cilities in the crude oil and natural gas sions from affected facilities, the ‘‘pol- source category that commence con- lutant that is subject to any standard

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promulgated under section 111 of the hydraulic refracturing is considered an Act’’ shall be considered to be the pol- affected facility regardless of this pro- lutant that otherwise is ‘‘subject to vision. regulation’’ as defined in 40 CFR 70.2. (b) Each centrifugal compressor af- (4) For the purposes of 40 CFR 71.2, fected facility, which is a single cen- with respect to greenhouse gas emis- trifugal compressor using wet seals. A sions from affected facilities, the ‘‘pol- centrifugal compressor located at a lutant that is subject to any standard well site, or an adjacent well site and promulgated under section 111 of the servicing more than one well site, is Act’’ shall be considered to be the pol- not an affected facility under this sub- lutant that otherwise is ‘‘subject to part. regulation’’ as defined in 40 CFR 71.2. (c) Each reciprocating compressor af- § 60.5365a Am I subject to this sub- fected facility, which is a single recip- part? rocating compressor. A reciprocating You are subject to the applicable pro- compressor located at a well site, or an visions of this subpart if you are the adjacent well site and servicing more owner or operator of one or more of the than one well site, is not an affected fa- onshore affected facilities listed in cility under this subpart. paragraphs (a) through (j) of this sec- (d) Each pneumatic controller af- tion for which you commence construc- fected facility: tion, modification, or reconstruction (1) Each pneumatic controller af- after September 18, 2015. fected facility not located at a natural (a) Each well affected facility, which gas processing plant, which is a single is a single well that conducts a well continuous bleed natural gas-driven completion operation following hy- pneumatic controller operating at a draulic fracturing or refracturing. The natural gas bleed rate greater than 6 provisions of this paragraph do not af- scfh. fect the affected facility status of well (2) Each pneumatic controller af- sites for the purposes of § 60.5397a. The fected facility located at a natural gas provisions of paragraphs (a)(1) through processing plant, which is a single con- (4) of this section apply to wells that tinuous bleed natural gas-driven pneu- are hydraulically refractured: matic controller. (1) A well that conducts a well com- (e) Each storage vessel affected facil- pletion operation following hydraulic ity, which is a single storage vessel refracturing is not an affected facility, with the potential for VOC emissions provided that the requirements of equal to or greater than 6 tpy as deter- § 60.5375a(a)(1) through (4) are met. mined according to this section. The However, hydraulic refracturing of a potential for VOC emissions must be well constitutes a modification of the calculated using a generally accepted well site for purposes of paragraph (i)(3)(iii) of this section, regardless of model or calculation methodology, affected facility status of the well based on the maximum average daily itself. throughput determined for a 30-day pe- (2) A well completion operation fol- riod of production prior to the applica- lowing hydraulic refracturing not con- ble emission determination deadline ducted pursuant to § 60.5375a(a)(1) specified in this subsection. The deter- through (4) is a modification to the mination may take into account re- well. quirements under a legally and prac- (3) Except as provided in tically enforceable limit in an oper- § 60.5365a(i)(3)(iii), refracturing of a ating permit or other requirement es- well, by itself, does not affect the tablished under a federal, state, local modification status of other equip- or tribal authority. ment, process units, storage vessels, (1) For each new, modified or recon- compressors, pneumatic pumps, or structed storage vessel you must deter- pneumatic controllers. mine the potential for VOC emissions (4) A well initially constructed after within 30 days after liquids first enter September 18, 2015, that conducts a the storage vessel, except as provided well completion operation following in paragraph (e)(3)(iv) of this section.

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For each new, modified or recon- (5) A storage vessel with a capacity structed storage vessel receiving liq- greater than 100,000 gallons used to re- uids pursuant to the standards for well cycle water that has been passed affected facilities in § 60.5375a, includ- through two stage separation is not a ing wells subject to § 60.5375a(f), you storage vessel affected facility. must determine the potential for VOC (f) The group of all equipment within emissions within 30 days after startup a process unit is an affected facility. (1) of production of the well. Addition or replacement of equipment (2) A storage vessel affected facility for the purpose of process improvement that subsequently has its potential for that is accomplished without a capital VOC emissions decrease to less than 6 expenditure shall not by itself be con- tpy shall remain an affected facility sidered a modification under this sub- under this subpart. part. (3) For storage vessels not subject to (2) Equipment associated with a com- a legally and practically enforceable pressor station, dehydration unit, limit in an operating permit or other sweetening unit, underground storage requirement established under federal, vessel, field gas gathering system, or state, local or tribal authority, any liquefied natural gas unit is covered by vapor from the storage vessel that is §§ 60.5400a, 60.5401a, 60.5402a, 60.5421a, recovered and routed to a process and 60.5422a if it is located at an on- through a VRU designed and operated shore natural gas processing plant. as specified in this section is not re- Equipment not located at the onshore quired to be included in the determina- natural gas processing plant site is ex- tion of VOC potential to emit for pur- empt from the provisions of §§ 60.5400a, poses of determining affected facility 60.5401a, 60.5402a, 60.5421a, and 60.5422a. status, provided you comply with the (3) The equipment within a process requirements in paragraphs (e)(3)(i) unit of an affected facility located at onshore natural gas processing plants through (iv) of this section. and described in paragraph (f) of this (i) You meet the cover requirements section are exempt from this subpart if specified in § 60.5411a(b). they are subject to and controlled ac- (ii) You meet the closed vent system cording to subparts VVa, GGG, or requirements specified in § 60.5411a(c) GGGa of this part. and (d). (g) Sweetening units located at on- (iii) You must maintain records that shore natural gas processing plants document compliance with paragraphs that process natural gas produced from (e)(3)(i) and (ii) of this section. either onshore or offshore wells. (iv) In the event of removal of appa- (1) Each sweetening unit that proc- ratus that recovers and routes vapor to esses natural gas is an affected facility; a process, or operation that is incon- and sistent with the conditions specified in (2) Each sweetening unit that proc- paragraphs (e)(3)(i) and (ii) of this sec- esses natural gas followed by a sulfur tion, you must determine the storage recovery unit is an affected facility. vessel’s potential for VOC emissions (3) Facilities that have a design ca- according to this section within 30 days pacity less than 2 long tons per day of such removal or operation. (LT/D) of hydrogen sulfide (H2S) in the (4) The following requirements apply acid gas (expressed as sulfur) are re- immediately upon startup, startup of quired to comply with recordkeeping production, or return to service. A and reporting requirements specified in storage vessel affected facility that is § 60.5423a(c) but are not required to reconnected to the original source of comply with §§ 60.5405a through 60.5407a liquids is a storage vessel affected fa- and §§ 60.5410a(g) and 60.5415a(g). cility subject to the same requirements (4) Sweetening facilities producing that applied before being removed from acid gas that is completely re-injected service. Any storage vessel that is used into oil-or-gas-bearing geologic strata to replace any storage vessel affected or that is otherwise not released to the facility is subject to the same require- atmosphere are not subject to ments that apply to the storage vessel §§ 60.5405a through 60.5407a, 60.5410a(g), affected facility being replaced. 60.5415a(g), and 60.5423a.

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(h) Each pneumatic pump affected fa- compressors of an equal or smaller cility: total horsepower than the com- (1) For natural gas processing plants, pressor(s) being replaced, installation each pneumatic pump affected facility, of the replacement compressor(s) does which is a single natural gas-driven di- not trigger a modification of the com- aphragm pump. pressor station for purposes of (2) For well sites, each pneumatic § 60.5397a. pump affected facility, which is a single natural gas-driven diaphragm § 60.5370a When must I comply with pump. A single natural gas-driven dia- this subpart? phragm pump that is in operation less (a) You must be in compliance with than 90 days per calendar year is not an the standards of this subpart no later affected facility under this subpart pro- than August 2, 2016 or upon startup, vided the owner/operator keeps records whichever is later. of the days of operation each calendar (b) At all times, including periods of year and submits such records to the startup, shutdown, and malfunction, EPA Administrator (or delegated en- owners and operators shall maintain forcement authority) upon request. For and operate any affected facility in- the purposes of this section, any period cluding associated air pollution control of operation during a calendar day equipment in a manner consistent with counts toward the 90 calendar day good air pollution control practice for threshold. minimizing emissions. Determination (i) Except as provided in of whether acceptable operating and § 60.5365a(i)(2), the collection of fugitive maintenance procedures are being used emissions components at a well site, as will be based on information available defined in § 60.5430a, is an affected facil- to the Administrator which may in- ity. clude, but is not limited to, monitoring (1) [Reserved] results, opacity observations, review of (2) A well site that only contains one operating and maintenance procedures, or more wellheads is not an affected fa- and inspection of the source. The provi- cility under this subpart. The affected sions for exemption from compliance facility status of a separate tank bat- during periods of startup, shutdown tery surface site has no effect on the and malfunctions provided for in 40 affected facility status of a well site CFR 60.8(c) do not apply to this sub- that only contains one or more part. wellheads. (c) You are exempt from the obliga- (3) For purposes of § 60.5397a, a tion to obtain a permit under 40 CFR ‘‘modification’’ to a well site occurs part 70 or 40 CFR part 71, provided you when: are not otherwise required by law to (i) A new well is drilled at an existing obtain a permit under 40 CFR 70.3(a) or well site; 40 CFR 71.3(a). Notwithstanding the (ii) A well at an existing well site is previous sentence, you must continue hydraulically fractured; or to comply with the provisions of this (iii) A well at an existing well site is subpart. hydraulically refractured. (j) The collection of fugitive emis- § 60.5375a What GHG and VOC stand- sions components at a compressor sta- ards apply to well affected facili- tion, as defined in § 60.5430a, is an af- ties? fected facility. For purposes of If you are the owner or operator of a § 60.5397a, a ‘‘modification’’ to a com- well affected facility as described in pressor station occurs when: § 60.5365a(a) that also meets the criteria (1) An additional compressor is infor a well affected facility in § 60.5365(a) stalled at a compressor station; or of subpart OOOO of this part, you must (2) One or more compressors at a reduce GHG (in the form of a limita- compressor station is replaced by one tion on emissions of methane) and VOC or more compressors of greater total emissions by complying with para- horsepower than the compressor(s) graphs (a) through (g) of this section. If being replaced. When one or more com- you own or operate a well affected fa- pressors is replaced by one or more cility as described in § 60.5365a(a) that

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does not meet the criteria for a well af- period, except as provided in para- fected facility in § 60.5365(a) of subpart graphs (a)(1)(iii)(A) through (C) of this OOOO of this part, you must reduce section. GHG and VOC emissions by complying (A) A well that is not hydraulically with paragraphs (f)(3), (f)(4) or (g) for fractured or refractured with liquids, each well completion operation with or that does not generate condensate, hydraulic fracturing prior to November intermediate hydrocarbon liquids, or 30, 2016, and you must comply with produced water such that there is no paragraphs (a) through (g) of this sec- liquid collection system at the well tion for each well completion operation site is not required to have a separator with hydraulic fracturing on or after onsite. November 30, 2016. (a) Except as provided in paragraph (B) If conditions allow for liquid col- (f) and (g) of this section, for each well lection, then the operator must imme- completion operation with hydraulic diately stop the well completion oper- fracturing you must comply with the ation, install a separator, and restart requirements in paragraphs (a)(1) the well completion operation in ac- through (4) of this section. You must cordance with § 60.5375a(a)(1). maintain a log as specified in para- (C) The owner or operator of a well graph (b) of this section. that meets the criteria of paragraph (1) For each stage of the well comple- (a)(1)(iii)(A) or (B) of this section must tion operation, as defined in § 60.5430a, submit the report in § 60.5420a(b)(2) and follow the requirements specified in maintain the records in paragraphs (a)(1)(i) through (iii) of this § 60.5420a(c)(1)(iii). section. (2) [Reserved] (i) During the initial flowback stage, (3) If it is technically infeasible to route the flowback into one or more route the recovered gas as required in well completion vessels or storage ves- § 60.5375a(a)(1)(ii), then you must cap- sels and commence operation of a sepa- ture and direct recovered gas to a com- rator unless it is technically infeasible pletion combustion device, except in for a separator to function. Any gas conditions that may result in a fire present in the initial flowback stage is hazard or explosion, or where high heat not subject to control under this section. emissions from a completion combus- (ii) During the separation flowback tion device may negatively impact tun- stage, route all recovered liquids from dra, permafrost or waterways. Comple- the separator to one or more well com- tion combustion devices must be pletion vessels or storage vessels, re-in- equipped with a reliable continuous ject the recovered liquids into the well pilot flame. or another well, or route the recovered (4) You have a general duty to safely liquids to a collection system. Route maximize resource recovery and mini- the recovered gas from the separator mize releases to the atmosphere during into a gas flow line or collection sys- flowback and subsequent recovery. tem, re-inject the recovered gas into (b) You must maintain a log for each the well or another well, use the recov- well completion operation at each well ered gas as an onsite fuel source, or use affected facility. The log must be com- the recovered gas for another useful pleted on a daily basis for the duration purpose that a purchased fuel or raw of the well completion operation and material would serve. If it is tech- must contain the records specified in nically infeasible to route the recov- § 60.5420a(c)(1)(iii). ered gas as required above, follow the (c) You must demonstrate initial requirements in paragraph (a)(3) of this compliance with the standards that section. If, at any time during the separation flowback stage, it is tech- apply to well affected facilities as re- nically infeasible for a separator to quired by § 60.5410a(a). function, you must comply with para- (d) You must demonstrate contin- graph (a)(1)(i) of this section. uous compliance with the standards (iii) You must have a separator on- that apply to well affected facilities as site during the entirety of the flowback required by § 60.5415a(a).

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(e) You must perform the required § 60.5420a(c)(1)(iii) and (vii) for each low notification, recordkeeping and report- pressure well. ing as required by § 60.5420a(a)(2), (b)(1) (g) For each well affected facility and (2), and (c)(1). with less than 300 scf of gas per stock (f) For each well affected facility tank barrel of oil produced, you must specified in paragraphs (f)(1) and (2) of comply with paragraphs (g)(1) and (2) of this section, you must comply with the this section. requirements of paragraphs (f)(3) and (1) You must maintain records speci- (4) of this section. fied in § 60.5420a(c)(1)(vi). (1) Each well completion operation (2) You must submit reports specified with hydraulic fracturing at a wildcat in § 60.5420a(b)(1) and (2). or delineation well. § 60.5380a What GHG and VOC stand- (2) Each well completion operation ards apply to centrifugal com- with hydraulic fracturing at a non- pressor affected facilities? wildcat low pressure well or non-delineation low pressure well. You must comply with the GHG and VOC standards in paragraphs (a) (3) You must comply with either through (d) of this section for each cen- paragraph (f)(3)(i) or (f)(3)(ii) of this trifugal compressor affected facility. section, unless you meet the require- (a)(1) You must reduce methane and ments in paragraph (g) of this section. VOC emissions from each centrifugal You must also comply with paragraph compressor wet seal fluid degassing (b) of this section. system by 95.0 percent. (i) Route all flowback to a comple- (2) If you use a control device to re- tion combustion device, except in con- duce emissions, you must equip the wet ditions that may result in a fire hazard seal fluid degassing system with a or explosion, or where high heat emis- cover that meets the requirements of sions from a completion combustion § 60.5411a(b). The cover must be con- device may negatively impact tundra, nected through a closed vent system permafrost or waterways. Completion that meets the requirements of combustion devices must be equipped § 60.5411a(a) and (d) and the closed vent with a reliable continuous pilot flame. system must be routed to a control de- (ii) Route all flowback into one or vice that meets the conditions speci- more well completion vessels and com- fied in § 60.5412a(a), (b) and (c). As an al- mence operation of a separator unless ternative to routing the closed vent it is technically infeasible for a sepa- system to a control device, you may rator to function. Any gas present in route the closed vent system to a proc- the flowback before the separator can ess. function is not subject to control under (b) You must demonstrate initial this section. Capture and direct recov- compliance with the standards that ered gas to a completion combustion apply to centrifugal compressor af- device, except in conditions that may fected facilities as required by result in a fire hazard or explosion, or § 60.5410a(b). where high heat emissions from a com- (c) You must demonstrate continuous pletion combustion device may nega- compliance with the standards that tively impact tundra, permafrost or apply to centrifugal compressor af- waterways. Completion combustion de- fected facilities as required by vices must be equipped with a reliable § 60.5415a(b). continuous pilot flame. (4) You must (d) You must perform the reporting submit the notification as specified in as required by § 60.5420a(b)(1) and (3), § 60.5420a(a)(2), submit annual reports and the recordkeeping as required by as specified in § 60.5420a(b)(1) and (2) § 60.5420a(c)(2), (6) through (11), and (17), and maintain records specified in as applicable. § 60.5420a(c)(1)(iii) for each wildcat and delineation well. You must submit the § 60.5385a What GHG and VOC stand- notification as specified in ards apply to reciprocating com- § 60.5420a(a)(2), submit annual reports pressor affected facilities? as specified in § 60.5420a(b)(1) and (2), You must reduce GHG (in the form of and maintain records as specified in a limitation on emissions of methane)

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and VOC emissions by complying with (a) The requirements of paragraph the standards in paragraphs (a) (b)(1) or (c)(1) of this section are not re- through (d) of this section for each required if you determine that the use of ciprocating compressor affected facil- a pneumatic controller affected facility ity. with a bleed rate greater than the ap- (a) You must replace the recipro- plicable standard is required based on cating compressor rod packing accord- functional needs, including but not ing to either paragraph (a)(1) or (2) of limited to response time, safety and this section, or you must comply with positive actuation. However, you must paragraph (a)(3) of this section. tag such pneumatic controller with the (1) On or before the compressor has month and year of installation, recon- operated for 26,000 hours. The number struction or modification, and identi- of hours of operation must be continu- fication information that allows ously monitored beginning upon initial traceability to the records for that startup of your reciprocating compressor affected facility, or the date of pneumatic controller, as required in the most recent reciprocating com- § 60.5420a(c)(4)(ii). pressor rod packing replacement, (b)(1) Each pneumatic controller af- whichever is later. fected facility at a natural gas proc- (2) Prior to 36 months from the date essing plant must have a bleed rate of of the most recent rod packing replace- zero. ment, or 36 months from the date of (2) Each pneumatic controller af- startup for a new reciprocating com- fected facility at a natural gas proc- pressor for which the rod packing has essing plant must be tagged with the not yet been replaced. month and year of installation, recon- (3) Collect the methane and VOC struction or modification, and identi- emissions from the rod packing using a fication information that allows rod packing emissions collection sys- traceability to the records for that tem that operates under negative pres- pneumatic controller as required in sure and route the rod packing emis- § 60.5420a(c)(4)(iv). sions to a process through a closed (c)(1) Each pneumatic controller af- vent system that meets the require- fected facility at a location other than ments of § 60.5411a(a) and (d). at a natural gas processing plant must (b) You must demonstrate initial have a bleed rate less than or equal to compliance with standards that apply 6 standard cubic feet per hour. to reciprocating compressor affected facilities as required by § 60.5410a(c). (2) Each pneumatic controller af- (c) You must demonstrate continuous fected facility at a location other than compliance with standards that apply at a natural gas processing plant must to reciprocating compressor affected be tagged with the month and year of facilities as required by § 60.5415a(c). installation, reconstruction or modi- (d) You must perform the reporting fication, and identification informa- as required by § 60.5420a(b)(1) and (4) tion that allows traceability to the and the recordkeeping as required by records for that controller as required § 60.5420a(c)(3), (6) through (9), and (17), in § 60.5420a(c)(4)(iii). as applicable. (d) You must demonstrate initial compliance with standards that apply § 60.5390a What GHG and VOC stand- to pneumatic controller affected facili- ards apply to pneumatic controller affected facilities? ties as required by § 60.5410a(d). (e) You must demonstrate continuous For each pneumatic controller af- compliance with standards that apply fected facility you must comply with to pneumatic controller affected facili- the GHG and VOC standards, based on ties as required by § 60.5415a(d). natural gas as a surrogate for GHG and VOC, in either paragraph (b)(1) or (c)(1) (f) You must perform the reporting as of this section, as applicable. Pneu- required by § 60.5420a(b)(1) and (5) and matic controllers meeting the condi- the recordkeeping as required by tions in paragraph (a) of this section § 60.5420a(c)(4). are exempt from this requirement.

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§ 60.5393a What GHG and VOC stand- the control device or within 30 days of ards apply to pneumatic pump af- the ability to route to a process. fected facilities? (4) If the control device available on For each pneumatic pump affected site is unable to achieve a 95 percent facility you must comply with the reduction and there is no ability to GHG and VOC standards, based on nat- route the emissions to a process, you ural gas as a surrogate for GHG and must still route the pneumatic pump VOC, in either paragraph (a) or (b) of affected facility’s emissions to that ex- this section, as applicable, on or after isting control device. If you route the November 30, 2016. pneumatic pump affected facility to a control device installed on site that is (a) Each pneumatic pump affected fa- designed to achieve less than a 95 per- cility at a natural gas processing plant cent reduction, you must submit the must have a natural gas emission rate information specified in of zero. § 60.5420a(b)(8)(i)(C) in your next annual (b) For each pneumatic pump af- report and maintain the records in fected facility at a well site you must § 60.5420a(c)(16)(iii). comply with paragraph (b)(1) or (2) of (5) If an owner or operator at a non- this section. greenfield site determines, through an (1) If the pneumatic pump affected fa- engineering assessment, that routing a cility is located at a greenfield site as pneumatic pump to a control device or defined in § 60.5430a, you must reduce a process is technically infeasible, the natural gas emissions by 95.0 percent, requirements specified in paragraph except as provided in paragraphs (b)(3) (b)(5)(i) through (iv) of this section and (4) of this section. must be met. (2) If the pneumatic pump affected fa- (i) The owner or operator shall con- cility is not located at a greenfield site duct the assessment of technical infea- as defined in § 60.5430a, you must reduce sibility in accordance with the criteria natural gas emissions by 95.0 percent, in paragraph (b)(5)(iii) of this section except as provided in paragraphs (b)(3), and have it certified by a qualified pro- (4) and (5) of this section. fessional engineer in accordance with (3) You are not required to install a paragraph (b)(5)(ii) of this section. control device solely for the purpose of (ii) The following certification, complying with the 95.0 percent reduc- signed and dated by the qualified pro- tion requirement of paragraph (b)(1) or fessional engineer shall state: ‘‘I cer- (b)(2) of this section. If you do not have tify that the assessment of technical a control device installed on site by the infeasibility was prepared under my di- compliance date and you do not have rection or supervision. I further certify the ability to route to a process, then that the assessment was conducted and you must comply instead with the pro- this report was prepared pursuant to visions of paragraphs (b)(3)(i) and (ii) of the requirements of § 60.5393a(b)(5)(iii). this section. Based on my professional knowledge (i) Submit a certification in accord- and experience, and inquiry of per- ance with § 60.5420a(b)(8)(i)(A) in your sonnel involved in the assessment, the next annual report, certifying that certification submitted herein is true, there is no available control device or accurate, and complete. I am aware process on site and maintain the that there are penalties for knowingly records in § 60.5420a(c)(16)(i) and (ii). submitting false information.’’ (ii) If you subsequently install a con- (iii) The assessment of technical fea- trol device or have the ability to route sibility to route emissions from the to a process, you are no longer required pneumatic pump to an existing control to comply with paragraph (b)(2)(i) of device onsite or to a process shall in- this section and must submit the infor- clude, but is not limited to, safety con- mation in § 60.5420a(b)(8)(ii) in your siderations, distance from the control next annual report and maintain the device, pressure losses and differentials records in § 60.5420a(c)(16)(i), (ii), and in the closed vent system and the abil- (iii). You must be in compliance with ity of the control device to handle the the requirements of paragraph (b)(2) of pneumatic pump emissions which are this section within 30 days of startup of routed to them. The assessment of

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technical infeasibility shall be pre- tion, you are not required to comply pared under the direction or super- with the requirements of paragraph vision of the qualified professional en- (a)(2) of this section except as provided gineer who signs the certification in in paragraphs (a)(3)(i) and (ii) of this accordance with paragraph (b)(2)(ii) of section. this section. (1) Determine the potential for VOC (iv) The owner or operator shall emissions in accordance with maintain the records § 60.5365a(e). § 60.5420a(c)(16)(iv). (2) Reduce VOC emissions by 95.0 per- (6) If the pneumatic pump is routed cent within 60 days after startup. For to a control device or a process and the storage vessel affected facilities receiv- control device or process is subse- ing liquids pursuant to the standards quently removed from the location or for well affected facilities in is no longer available, you are no § 60.5375a(a)(1)(i) or (ii), you must longer required to be in compliance achieve the required emissions reduc- with the requirements of paragraph tions within 60 days after startup of (b)(1) or (b)(2) of this section, and in- production as defined in § 60.5430a. stead must comply with paragraph (3) Maintain the uncontrolled actual (b)(3) of this section and report the VOC emissions from the storage vessel change in next annual report in accord- affected facility at less than 4 tpy ance with § 60.5420a(b)(8)(ii). without considering control. Prior to (c) If you use a control device or using the uncontrolled actual VOC route to a process to reduce emissions, emission rate for compliance purposes, you must connect the pneumatic pump you must demonstrate that the uncon- affected facility through a closed vent trolled actual VOC emissions have re- system that meets the requirements of mained less than 4 tpy as determined § 60.5411a(a) and (d). monthly for 12 consecutive months. (d) You must demonstrate initial After such demonstration, you must compliance with standards that apply determine the uncontrolled actual VOC to pneumatic pump affected facilities emission rate each month. The uncon- as required by § 60.5410a(e). trolled actual VOC emissions must be (e) You must perform the reporting calculated using a generally accepted as required by § 60.5420a(b)(1) and (8) model or calculation methodology, and and the recordkeeping as required by the calculations must be based on the § 60.5420a(c)(6) through (10), (16), and average throughput for the month. You (17), as applicable. may no longer comply with this para- (f) Pneumatic pumps at a well site graph and must instead comply with are not subject to the requirements of paragraph (a)(2) of this section if your paragraph (d) and (e) of this section storage vessel affected facility meets from June 2, 2017, until August 31, 2017. the conditions specified in paragraphs [81 FR 35898, June 3, 2016, as amended at 82 (a)(3)(i) or (ii) of this section. FR 25733, June 5, 2017] (i) If a well feeding the storage vessel affected facility undergoes fracturing § 60.5395a What VOC standards apply or refracturing, you must comply with to storage vessel affected facilities? paragraph (a)(2) of this section as soon Except as provided in paragraph (e) as liquids from the well following frac- of this section, you must comply with turing or refracturing are routed to the the VOC standards in this section for storage vessel affected facility. each storage vessel affected facility. (ii) If the monthly emissions deter- (a) You must comply with the re- mination required in this section indi- quirements of paragraphs (a)(1) and (2) cates that VOC emissions from your of this section. After 12 consecutive storage vessel affected facility increase months of compliance with paragraph to 4 tpy or greater and the increase is (a)(2) of this section, you may continue not associated with fracturing or re- to comply with paragraph (a)(2) of this fracturing of a well feeding the storage section, or you may comply with para- vessel affected facility, you must com- graph (a)(3) of this section, if applica- ply with paragraph (a)(2) of this section ble. If you choose to meet the require- within 30 days of the monthly deter- ments in paragraph (a)(3) of this sec- mination.

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(b) Control requirements. (1) Except as (3) For each storage vessel affected required in paragraph (b)(2) of this sec- facility returned to service during the tion, if you use a control device to re- reporting period, you must submit a duce VOC emissions from your storage notification in your next annual report vessel affected facility, you must equip as required in § 60.5420a(b)(6)(vi), identi- the storage vessel with a cover that fying each storage vessel affected facil- meets the requirements of § 60.5411a(b) ity and the date of its return to serv- and is connected through a closed vent ice. system that meets the requirements of (d) Compliance, notification, record- § 60.5411a(c) and (d), and you must route keeping, and reporting. You must com- emissions to a control device that ply with paragraphs (d)(1) through (3) meets the conditions specified in of this section. § 60.5412a(c) or (d). As an alternative to (1) You must demonstrate initial routing the closed vent system to a compliance with standards as required control device, you may route the by § 60.5410a(h) and (i). closed vent system to a process. (2) You must demonstrate continuous (2) If you use a floating roof to reduce compliance with standards as required emissions, you must meet the require- by § 60.5415a(e)(3). ments of § 60.112b(a)(1) or (2) and the (3) You must perform the required re- relevant monitoring, inspection, rec- porting as required by § 60.5420a(b)(1) ordkeeping, and reporting require- and (6) and the recordkeeping as re- ments in 40 CFR part 60, subpart Kb. quired by § 60.5420a(c)(5) through (8), (c) Requirements for storage vessel (12) through (14), and (17), as applicable. affected facilities that are removed (e) Exemptions. This subpart does not from service or returned to service. If apply to storage vessels subject to and you remove a storage vessel affected controlled in accordance with the re- facility from service, you must comply quirements for storage vessels in 40 with paragraphs (c)(1) through (3) of CFR part 60, subpart Kb, and 40 CFR this section. A storage vessel is not an part 63, subparts G, CC, HH, or WW. affected facility under this subpart for the period that it is removed from serv- § 60.5397a What fugitive emissions ice. GHG and VOC standards apply to the affected facility which is the (1) For a storage vessel affected facil- collection of fugitive emissions com- ity to be removed from service, you ponents at a well site and the af- must comply with the requirements of fected facility which is the collec- paragraphs (c)(1)(i) and (ii) of this section of fugitive emissions compo- tion. nents at a compressor station? (i) You must completely empty and For each affected facility under degas the storage vessel, such that the § 60.5365a(i) and (j), you must reduce storage vessel no longer contains crude GHG (in the form of a limitation on oil, condensate, produced water or in- emissions of methane) and VOC emis- termediate hydrocarbon liquids. A sions by complying with the require- storage vessel where liquid is left on ments of paragraphs (a) through (j) of walls, as bottom clingage or in pools this section. These requirements are due to floor irregularity is considered independent of the closed vent system to be completely empty. and cover requirements in § 60.5411a. (ii) You must submit a notification (a) You must monitor all fugitive as required in § 60.5420a(b)(6)(v) in your emission components, as defined in next annual report, identifying each § 60.5430a, in accordance with para- storage vessel affected facility removed graphs (b) through (g) of this section. from service during the reporting pe- You must repair all sources of fugitive riod and the date of its removal from emissions in accordance with para- service. graph (h) of this section. You must (2) If a storage vessel identified in keep records in accordance with para- paragraph (c)(1)(ii) of this section is re- graph (i) of this section and report in turned to service, you must determine accordance with paragraph (j) of this its affected facility status as provided section. For purposes of this section, in § 60.5365a(e). fugitive emissions are defined as: Any

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visible emission from a fugitive emis- in the spectral range for the compound sions component observed using optical of highest concentration in the poten- gas imaging or an instrument reading tial fugitive emissions. of 500 ppm or greater using Method 21. (B) Your optical gas imaging equip- (b) You must develop an emissions ment must be capable of imaging a gas monitoring plan that covers the collec- that is half methane, half propane at a tion of fugitive emissions components concentration of 10,000 ppm at a flow at well sites and compressor stations rate of ≤60g/hr from a quarter inch di- within each company-defined area in ameter orifice. accordance with paragraphs (c) and (d) (ii) Procedure for a daily verification of this section. check. (c) Fugitive emissions monitoring (iii) Procedure for determining the plans must include the elements speci- operator’s maximum viewing distance fied in paragraphs (c)(1) through (8) of from the equipment and how the oper- this section, at a minimum. ator will ensure that this distance is (1) Frequency for conducting surveys. maintained. Surveys must be conducted at least as (iv) Procedure for determining max- frequently as required by paragraphs imum wind speed during which moni- (f) and (g) of this section. toring can be performed and how the (2) Technique for determining fugi- operator will ensure monitoring occurs tive emissions (i.e., Method 21 at 40 only at wind speeds below this thresh- CFR part 60, appendix A–7, or optical old. gas imaging). (v) Procedures for conducting sur- (3) Manufacturer and model number veys, including the items specified in of fugitive emissions detection equip- paragraphs (c)(7)(v)(A) through (C) of ment to be used. this section. (4) Procedures and timeframes for (A) How the operator will ensure an identifying and repairing fugitive emis- adequate thermal background is sions components from which fugitive present in order to view potential fugi- emissions are detected, including time- tive emissions. frames for fugitive emission components that are unsafe to repair. Your (B) How the operator will deal with repair schedule must meet the require- adverse monitoring conditions, such as ments of paragraph (h) of this section wind. at a minimum. (C) How the operator will deal with (5) Procedures and timeframes for interferences (e.g., steam). verifying fugitive emission component (vi) Training and experience needed repairs. prior to performing surveys. (6) Records that will be kept and the (vii) Procedures for calibration and length of time records will be kept. maintenance. At a minimum, proce- (7) If you are using optical gas imag- dures must comply with those rec- ing, your plan must also include the ommended by the manufacturer. elements specified in paragraphs (8) If you are using Method 21 of ap- (c)(7)(i) through (vii) of this section. pendix A–7 of this part, your plan must (i) Verification that your optical gas also include the elements specified in imaging equipment meets the speci- paragraphs (c)(8)(i) and (ii) of this sec- fications of paragraphs (c)(7)(i)(A) and tion. For the purposes of complying (B) of this section. This verification is with the fugitive emissions monitoring an initial verification and may either program using Method 21 a fugitive be performed by the facility, by the emission is defined as an instrument manufacturer, or by a third party. For reading of 500 ppm or greater. the purposes of complying with the fu- (i) Verification that your monitoring gitives emissions monitoring program equipment meets the requirements with optical gas imaging, a fugitive specified in Section 6.0 of Method 21 at emission is defined as any visible emis- 40 CFR part 60, appendix A–7. For pur- sions observed using optical gas imag- poses of instrument capability, the fu- ing. gitive emissions definition shall be 500 (A) Your optical gas imaging equip- ppm or greater methane using a FID- ment must be capable of imaging gases based instrument. If you wish to use an

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analyzer other than a FID-based in- lection of fugitive emission compo- strument, you must develop a site-spe- nents after the modification or by June cific fugitive emission definition that 3, 2017, whichever is later. Notwith- would be equivalent to 500 ppm meth- standing the preceding deadlines, for ane using a FID-based instrument (e.g., each collection of fugitive emissions 10.6 eV PID with a specified components at a well site located on isobutylene concentration as the fugi- the Alaskan North Slope, as defined in tive emission definition would provide § 60.5430a, that starts up production be- equivalent response to your compound tween September and March, you must of interest). conduct an initial monitoring survey (ii) Procedures for conducting sur- within 6 months of the startup of pro- veys. At a minimum, the procedures duction for a new well site, within 6 shall ensure that the surveys comply months of the first day of production with the relevant sections of Method 21 after a modification of the collection of at 40 CFR part 60, appendix A–7, includ- fugitive emission components, or by ing Section 8.3.1. the following June 30, whichever is (d) Each fugitive emissions moni- later. toring plan must include the elements (2) You must conduct an initial moni- specified in paragraphs (d)(1) through toring survey within 60 days of the (4) of this section, at a minimum, as startup of a new compressor station for applicable. each new collection of fugitive emis- (1) Sitemap. sions components at the new com- (2) A defined observation path that pressor station or by June 3, 2017, ensures that all fugitive emissions whichever is later. For a modified col- components are within sight of the lection of fugitive components at a path. The observation path must ac- compressor station, the initial moni- count for interferences. toring survey must be conducted with- (3) If you are using Method 21, your in 60 days of the modification or by plan must also include a list of fugitive June 3, 2017, whichever is later. emissions components to be monitored (g) A monitoring survey of each col- and method for determining location of lection of fugitive emissions compo- fugitive emissions components to be nents at a well site or at a compressor monitored in the field (e.g. tagging, identification on a process and instru- station must be performed at the fre- mentation diagram, etc.). quencies specified in paragraphs (g)(1) (4) Your plan must also include the and (2) of this section, with the excep- written plan developed for all of the fu- tions noted in paragraphs (g)(3) and (4) gitive emission components designated of this section. as difficult-to-monitor in accordance (1) Except as provided herein, a moni- with paragraph (g)(3)(i) of this section, toring survey of each collection of fugi- and the written plan for fugitive emis- tive emissions components at a well sion components designated as unsafe- site within a company-defined area to-monitor in accordance with para- must be conducted at least semiannu- graph (g)(3)(ii) of this section. ally after the initial survey. Consecu- (e) Each monitoring survey shall ob- tive semiannual monitoring surveys serve each fugitive emissions compo- must be conducted at least 4 months nent, as defined in § 60.5430a, for fugi- apart. A monitoring survey of each col- tive emissions. lection of fugitive emissions compo- (f)(1) You must conduct an initial nents at a well site located on the monitoring survey within 60 days of Alaskan North Slope must be con- the startup of production, as defined in ducted at least annually. Consecutive § 60.5430a, for each collection of fugitive annual monitoring surveys must be emissions components at a new well conducted at least 9 months apart. site or by June 3, 2017, whichever is (2) A monitoring survey of the collec- later. For a modified collection of fugi- tion of fugitive emissions components tive emissions components at a well at a compressor station within a com- site, the initial monitoring survey pany-defined area must be conducted must be conducted within 60 days of at least quarterly after the initial sur- the first day of production for each col- vey. Consecutive quarterly monitoring

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surveys must be conducted at least 60 (5) The requirements of paragraph days apart. (g)(2) of this section are waived for any (3) Fugitive emissions components collection of fugitive emissions compo- that cannot be monitored without ele- nents at a compressor station located vating the monitoring personnel more within an area that has an average cal- than 2 meters above the surface may be endar month temperature below 0 designated as difficult-to-monitor. Fu- °Fahrenheit for two of three consecu- gitive emissions components that are tive calendar months of a quarterly designated difficult-to-monitor must monitoring period. The calendar month meet the specifications of paragraphs temperature average for each month (g)(3)(i) through (iv) of this section. within the quarterly monitoring period (i) A written plan must be developed must be determined using historical for all of the fugitive emissions compo- monthly average temperatures over nents designated difficult-to-monitor. the previous three years as reported by This written plan must be incorporated a National Oceanic and Atmospheric into the fugitive emissions monitoring Administration source or other source plan required by paragraphs (b), (c), approved by the Administrator. The re- and (d) of this section. quirements of paragraph (g)(2) of this (ii) The plan must include the identi- section shall not be waived for two con- fication and location of each fugitive secutive quarterly monitoring periods. emissions component designated as dif- (h) Each identified source of fugitive ficult-to-monitor. emissions shall be repaired or replaced (iii) The plan must include an explain accordance with paragraphs (h)(1) nation of why each fugitive emissions and (2) of this section. For fugitive component designated as difficult-to- emissions components also subject to monitor is difficult-to-monitor. the repair provisions of §§ 60.5416a(b)(9) (iv) The plan must include a schedule through (12) and (c)(4) through (7), for monitoring the difficult-to-monitor those provisions apply instead to those fugitive emissions components at least closed vent system and covers, and the once per calendar year. repair provisions of paragraphs (h)(1) (4) Fugitive emissions components and (2) of this section do not apply to that cannot be monitored because mon- those closed vent systems and covers. itoring personnel would be exposed to (1) Each identified source of fugitive immediate danger while conducting a emissions shall be repaired or replaced monitoring survey may be designated as soon as practicable, but no later as unsafe-to-monitor. Fugitive emis- than 30 calendar days after detection of sions components that are designated the fugitive emissions. unsafe-to-monitor must meet the spec- (2) If the repair or replacement is ifications of paragraphs (g)(4)(i) technically infeasible, would require a through (iv) of this section. vent blowdown, a compressor station (i) A written plan must be developed shutdown, a well shutdown or well for all of the fugitive emissions compo- shut-in, or would be unsafe to repair nents designated unsafe-to-monitor. during operation of the unit, the repair This written plan must be incorporated or replacement must be completed dur- into the fugitive emissions monitoring ing the next scheduled compressor sta- plan required by paragraphs (b), (c), tion shutdown, well shutdown, well and (d) of this section. shut-in, after a planned vent blowdown (ii) The plan must include the identi- or within 2 years, whichever is earlier. fication and location of each fugitive (3) Each repaired or replaced fugitive emissions component designated as un- emissions component must be resur- safe-to-monitor. veyed as soon as practicable, but no (iii) The plan must include an expla- later than 30 days after being repaired, nation of why each fugitive emissions to ensure that there are no fugitive component designated as unsafe-to- emissions. monitor is unsafe-to-monitor. (i) For repairs that cannot be made (iv) The plan must include a schedule during the monitoring survey when the for monitoring the fugitive emissions fugitive emissions are initially found, components designated as unsafe-to- the operator may resurvey the repaired monitor. fugitive emissions components using

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either Method 21 or optical gas imaging in § 60.5420a(b)(7). Multiple collection of within 30 days of finding such fugitive fugitive emissions components at a emissions. well site or at a compressor station (ii) For each repair that cannot be may be included in a single annual re- made during the monitoring survey port. when the fugitive emissions are ini- [81 FR 35898, June 3, 2016, as amended at 83 tially found, a digital photograph must FR 10638, Mar. 12, 2018] be taken of that component or the component must be tagged for identi- § 60.5398a What are the alternative fication purposes. The digital photo- means of emission limitations for graph must include the date that the GHG and VOC from well comple- photograph was taken, must clearly tions, reciprocating compressors, identify the component by location the collection of fugitive emissions components at a well site and the within the site (e.g., the latitude and collection of fugitive emissions com- longitude of the component or by other ponents at a compressor station? descriptive landmarks visible in the (a) If, in the Administrator’s judg- picture). ment, an alternative means of emission (iii) Operators that use Method 21 to limitation will achieve a reduction in resurvey the repaired fugitive emis- GHG (in the form of a limitation on sions components are subject to the re- emission of methane) and VOC emis- survey provisions specified in para- sions at least equivalent to the reduc- graphs (h)(3)(iii)(A) and (B) of this section in GHG and VOC emissions tion. achieved under §§ 60.5375a, 60.5385a, and (A) A fugitive emissions component 60.5397a, the Administrator will pub- is repaired when the Method 21 instru- lish, in the FEDERAL REGISTER, a notice ment indicates a concentration of less permitting the use of that alternative than 500 ppm above background or means for the purpose of compliance when no soap bubbles are observed with §§ 60.5375a, 60.5385a, and 60.5397a. when the alternative screening proce- The notice may condition permission dures specified in section 8.3.3 of Meth- on requirements related to the oper- od 21 are used. ation and maintenance of the alter- (B) Operators must use the Method 21 native means. monitoring requirements specified in (b) Any notice under paragraph (a) of paragraph (c)(8)(ii) of this section or this section must be published only the alternative screening procedures after notice and an opportunity for a specified in section 8.3.3 of Method 21. public hearing. (iv) Operators that use optical gas (c) The Administrator will consider imaging to resurvey the repaired fugi- applications under this section from ei- tive emissions components, are subject ther owners or operators of affected fa- to the resurvey provisions specified in cilities. paragraphs (h)(3)(iv)(A) and (B) of this (d) Determination of equivalence to section. the design, equipment, work practice (A) A fugitive emissions component or operational requirements of this sec- is repaired when the optical gas imag- tion will be evaluated by the following ing instrument shows no indication of guidelines: visible emissions. (1) The applicant must collect, verify (B) Operators must use the optical and submit test data, covering a period gas imaging monitoring requirements of at least 12 months to demonstrate specified in paragraph (c)(7) of this sec- the equivalence of the alternative tion. means of emission limitation. The ap- (i) Records for each monitoring sur- plication must include the following vey shall be maintained as specified information: § 60.5420a(c)(15). (i) A description of the technology or (j) Annual reports shall be submitted process. for each collection of fugitive emis- (ii) The monitoring instrument and sions components at a well site and measurement technology or process. each collection of fugitive emissions (iii) A description of performance components at a compressor station based procedures (i.e., method) and that include the information specified data quality indicators for precision

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and bias; the method detection limit of quirements and, if applicable, will con- the technology or process. sider the commitment in paragraph (d) (iv) For affected facilities under of this section. § 60.5397a, the action criteria and level (2) The Administrator may condition at which a fugitive emission exists. the approval of the alternative means (v) Any initial and ongoing quality of emission limitation on requirements assurance/quality control measures. that may be necessary to ensure oper- (vi) Timeframes for conducting ongo- ation and maintenance to achieve the ing quality assurance/quality control. same emissions reduction as the de- (vii) Field data verifying viability sign, equipment, work practice or oper- and detection capabilities of the tech- ational requirements. (g) Any equiva- nology or process. lent means of emission limitations ap- (viii) Frequency of measurements. proved under this section shall con- (ix) Minimum data availability. stitute a required work practice, equip- (x) Any restrictions for using the ment, design or operational standard technology or process. within the meaning of section 111(h)(1) (xi) Operation and maintenance proof the CAA. cedures and other provisions necessary to ensure reduction in methane and § 60.5400a What equipment leak GHG VOC emissions at least equivalent to and VOC standards apply to af- the reduction in methane and VOC fected facilities at an onshore nat- emissions achieved under § 60.5397a. ural gas processing plant? (xii) Initial and continuous compli- This section applies to the group of ance procedures, including record- all equipment, except compressors, keeping and reporting. within a process unit. (2) For each determination of equiva- (a) You must comply with the re- lency requested, the emission reduc- quirements of §§ 60.482–1a(a), (b), and tion achieved by the design, equip- (d), 60.482–2a, and 60.482–4a through ment, work practice or operational re- 60.482–11a, except as provided in quirements shall be demonstrated. § 60.5401a. (3) For each affected facility for (b) You may elect to comply with the which a determination of equivalency requirements of §§ 60.483–1a and 60.483– is requested, the emission reduction 2a, as an alternative. achieved by the alternative means of (c) You may apply to the Adminis- emission limitation shall be dem- trator for permission to use an alter- onstrated. native means of emission limitation (4) Each owner or operator applying that achieves a reduction in emissions for a determination of equivalence to a of methane and VOC at least equiva- work practice standard shall commit in lent to that achieved by the controls writing to work practice(s) that pro- required in this subpart according to vide for emission reductions equal to or the requirements of § 60.5402a. greater than the emission reductions (d) You must comply with the provi- achieved by the required work practice. sions of § 60.485a except as provided in (e) After notice and opportunity for paragraph (f) of this section. public hearing, the Administrator will (e) You must comply with the provi- determine the equivalence of a means sions of §§ 60.486a and 60.487a except as of emission limitation and will publish provided in §§ 60.5401a, 60.5421a, and the determination in the FEDERAL REG- 60.5422a. ISTER. (f) You must use the following provi- (f) An application submitted under sion instead of § 60.485a(d)(1): Each this section will be evaluated as set piece of equipment is presumed to be in forth in paragraphs (f)(1) and (2) of this VOC service or in wet gas service un- section. less an owner or operator demonstrates (1) The Administrator will compare that the piece of equipment is not in the demonstrated emission reduction VOC service or in wet gas service. For for the alternative means of emission a piece of equipment to be considered limitation to the demonstrated emis- not in VOC service, it must be deter- sion reduction for the design, equip- mined that the VOC content can be ment, work practice or operational re- reasonably expected never to exceed

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10.0 percent by weight. For a piece of (d) Pumps in light liquid service, equipment to be considered in wet gas valves in gas/vapor and light liquid service, it must be determined that it service, pressure relief devices in gas/ contains or contacts the field gas be- vapor service, and connectors in gas/ fore the extraction step in the process. vapor service and in light liquid service For purposes of determining the per- that are located at a nonfractionating cent VOC content of the process fluid plant that does not have the design ca- that is contained in or contacts a piece pacity to process 283,200 standard cubic of equipment, procedures that conform meters per day (scmd) (10 million to the methods described in ASTM standard cubic feet per day) or more of E169–93, E168–92, or E260–96 (incor- field gas are exempt from the routine porated by reference as specified in monitoring requirements of §§ 60.482– § 60.17) must be used. 2a(a)(1), 60.482–7a(a), 60.482–11a(a), and paragraph (b)(1) of this section. § 60.5401a What are the exceptions to (e) Pumps in light liquid service, the equipment leak GHG and VOC standards for affected facilities at valves in gas/vapor and light liquid onshore natural gas processing service, pressure relief devices in gas/ plants? vapor service, and connectors in gas/ vapor service and in light liquid service (a) You may comply with the fol- within a process unit that is located in lowing exceptions to the provisions of the Alaskan North Slope are exempt § 60.5400a(a) and (b). from the routine monitoring require- (b)(1) Each pressure relief device in ments of §§ 60.482–2a(a)(1), 60.482–7a(a), gas/vapor service may be monitored 60.482–11a(a), and paragraph (b)(1) of quarterly and within 5 days after each this section. pressure release to detect leaks by the methods specified in § 60.485a(b) except (f) An owner or operator may use the as provided in §§ 60.5400a(c) and in para- following provisions instead of graph (b)(4) of this section, and 60.482– § 60.485a(e): 4a(a) through (c) of subpart VVa of this (1) Equipment is in heavy liquid serv- part. ice if the weight percent evaporated is (2) If an instrument reading of 500 10 percent or less at 150 °Celsius (302 ppm or greater is measured, a leak is °Fahrenheit) as determined by ASTM detected. Method D86–96 (incorporated by ref- (3)(i) When a leak is detected, it must erence as specified in § 60.17). be repaired as soon as practicable, but (2) Equipment is in light liquid serv- no later than 15 calendar days after it ice if the weight percent evaporated is is detected, except as provided in greater than 10 percent at 150 °Celsius § 60.482–9a. (302 °Fahrenheit) as determined by (ii) A first attempt at repair must be ASTM Method D86–96 (incorporated by made no later than 5 calendar days reference as specified in § 60.17). after each leak is detected. (g) An owner or operator may use the (4)(i) Any pressure relief device that following provisions instead of is located in a nonfractionating plant § 60.485a(b)(2): A calibration drift as- that is monitored only by non-plant sessment shall be performed, at a min- personnel may be monitored after a imum, at the end of each monitoring pressure release the next time the day. Check the instrument using the monitoring personnel are onsite, in- same calibration gas(es) that were used stead of within 5 days as specified in to calibrate the instrument before use. paragraph (b)(1) of this section and Follow the procedures specified in § 60.482–4a(b)(1). Method 21 of appendix A–7 of this part, (ii) No pressure relief device de- Section 10.1, except do not adjust the scribed in paragraph (b)(4)(i) of this meter readout to correspond to the section may be allowed to operate for calibration gas value. Record the in- more than 30 days after a pressure re- strument reading for each scale used as lease without monitoring. specified in § 60.486a(e)(8). Divide these (c) Sampling connection systems are readings by the initial calibration val- exempt from the requirements of ues for each scale and multiply by 100 § 60.482–5a. to express the calibration drift as a

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percentage. If any calibration drift as- (2) The application must include op- sessment shows a negative drift of eration, maintenance and other provi- more than 10 percent from the initial sions necessary to assure reduction in calibration value, then all equipment methane and VOC emissions at least monitored since the last calibration equivalent to the reduction in methane with instrument readings below the ap- and VOC emissions achieved under the propriate leak definition and above the design, equipment, work practice or leak definition multiplied by (100 operational standard in paragraph (a) minus the percent of negative drift/di- of this section by including the infor- vided by 100) must be re-monitored. If mation specified in paragraphs (d)(1)(i) any calibration drift assessment shows through (x) of this section. a positive drift of more than 10 percent (i) A description of the technology or from the initial calibration value, process. then, at the owner/operator’s discre- (ii) The monitoring instrument and tion, all equipment since the last cali- measurement technology or process. bration with instrument readings (iii) A description of performance above the appropriate leak definition based procedures (i.e. method) and data and below the leak definition multi- quality indicators for precision and plied by (100 plus the percent of posi- bias; the method detection limit of the tive drift/divided by 100) may be re- technology or process. monitored. (iv) The action criteria and level at which a fugitive emission exists. § 60.5402a What are the alternative means of emission limitations for (v) Any initial and ongoing quality GHG and VOC equipment leaks assurance/quality control measures. from onshore natural gas proc- (vi) Timeframes for conducting ongo- essing plants? ing quality assurance/quality control. (a) If, in the Administrator’s judg- (vii) Field data verifying viability ment, an alternative means of emission and detection capabilities of the tech- limitation will achieve a reduction in nology or process. GHG and VOC emissions at least equiv- (viii) Frequency of measurements. alent to the reduction in GHG and VOC (ix) Minimum data availability. emissions achieved under any design, (x) Any restrictions for using the equipment, work practice or oper- technology or process. ational standard, the Administrator (3) The application must include ini- will publish, in the FEDERAL REGISTER, tial and continuous compliance proce- a notice permitting the use of that al- dures including recordkeeping and re- ternative means for the purpose of porting. compliance with that standard. The notice may condition permission on re- § 60.5405a What standards apply to quirements related to the operation sweetening unit affected facilities and maintenance of the alternative at onshore natural gas processing plants? means. (b) Any notice under paragraph (a) of (a) During the initial performance this section must be published only test required by § 60.8(b), you must after notice and an opportunity for a achieve at a minimum, an SO2 emission public hearing. reduction efficiency (Zi) to be deter- (c) The Administrator will consider mined from Table 1 of this subpart applications under this section from ei- based on the sulfur feed rate (X) and ther owners or operators of affected fa- the sulfur content of the acid gas (Y) of cilities, or manufacturers of control the affected facility. equipment. (b) After demonstrating compliance (d) An application submitted under with the provisions of paragraph (a) of paragraph (c) of this section must meet this section, you must achieve at a the following criteria: minimum, an SO2 emission reduction (1) The applicant must collect, verify efficiency (Zc) to be determined from and submit test data, covering a period Table 2 of this subpart based on the of at least 12 months, necessary to sup- sulfur feed rate (X) and the sulfur con- port the finding in paragraph (a) of this tent of the acid gas (Y) of the affected section. facility.

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§ 60.5406a What test methods and pro- (Zi) and continuous (Zc) reduction effi- cedures must I use for my sweet- ciencies of SO2 emissions. ening unit affected facilities at on- (c) You must determine compliance shore natural gas processing with the SO2 standards in § 60.5405a(a) plants? or (b) as follows: (a) In conducting the performance (1) You must compute the emission tests required in § 60.8, you must use reduction efficiency (R) achieved by the test methods in appendix A of this the sulfur recovery technology for each part or other methods and procedures run using the following equation: as specified in this section, except as R = (100S)/(S + E) provided in § 60.8(b). (2) You must use the level indicators (b) During a performance test re- or manual soundings to measure the quired by § 60.8, you must determine liquid sulfur accumulation rate in the the minimum required reduction effi- product storage vessels. You must use ciencies (Z) of SO2 emissions as re- readings taken at the beginning and quired in § 60.5405a(a) and (b) as follows: end of each run, the tank geometry, (1) The average sulfur feed rate (X) sulfur density at the storage tempera- must be computed as follows: ture, and sample duration to determine X = KQaY the sulfur production rate (S) in kg/hr (lb/hr) for each run. Where: (3) You must compute the emission X = average sulfur feed rate, Mg/D (LT/D). rate of sulfur for each run as follows: Qa = average volumetric flow rate of acid gas from sweetening unit, dscm/day (dscf/ E = CeQsd/K1 day). Where: Y = average H2S concentration in acid gas feed from sweetening unit, percent by E = emission rate of sulfur per run, kg/hr. 2∂ volume, expressed as a decimal. Ce = concentration of sulfur equivalent (SO K = (32 kg S/kg-mole)/((24.04 dscm/kg- reduced sulfur), g/dscm (lb/dscf). mole)(1000 kg S/Mg)). Qsd = volumetric flow rate of effluent gas, = 1.331 × 10¥3Mg/dscm, for metric units. dscm/hr (dscf/hr). = (32 lb S/lb-mole)/((385.36 dscf/lb-mole)(2240 K1 = conversion factor, 1000 g/kg (7000 gr/lb). lb S/long ton)). (4) The concentration (Ce) of sulfur = 3.707 × 10¥5 long ton/dscf, for English units. equivalent must be the sum of the SO2 (2) You must use the continuous and TRS concentrations, after being readings from the process flowmeter to converted to sulfur equivalents. For determine the average volumetric flow each run and each of the test methods rate (Qa) in dscm/day (dscf/day) of the specified in this paragraph (c) of this acid gas from the sweetening unit for section, you must use a sampling time each run. of at least 4 hours. You must use Meth- (3) You must use the Tutwiler proce- od 1 of appendix A–1 of this part to se- dure in § 60.5408a or a chromatographic lect the sampling site. The sampling procedure following ASTM E260–96 (in- point in the duct must be at the cen- corporated by reference as specified in troid of the cross-section if the area is 2 2 § 60.17) to determine the H2S concentra- less than 5 m (54 ft ) or at a point no tion in the acid gas feed from the closer to the walls than 1 m (39 in) if sweetening unit (Y). At least one sam- the cross-sectional area is 5 m2 or ple per hour (at equally spaced inter- more, and the centroid is more than 1 vals) must be taken during each 4-hour m (39 in) from the wall. run. The arithmetic mean of all sam- (i) You must use Method 6 of appen- ples must be the average H2S con- dix A–4 of this part to determine the centration (Y) on a dry basis for the SO2 concentration. You must take run. By multiplying the result from eight samples of 20 minutes each at 30- the Tutwiler procedure by 1.62 × 10¥3, minute intervals. The arithmetic aver- the units gr/100 scf are converted to age must be the concentration for the volume percent. run. The concentration must be multi- (4) Using the information from para- plied by 0.5 × 10¥3 to convert the re- graphs (b)(1) and (3) of this section, Ta- sults to sulfur equivalent. In place of bles 1 and 2 of this subpart must be Method 6 of appendix A of this part, used to determine the required initial you may use ANSI/ASME PTC 19.10–

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1981, Part 10 (manual portion only) (in- § 60.5407a What are the requirements corporated by reference as specified in for monitoring of emissions and op- § 60.17). erations from my sweetening unit (ii) You must use Method 15 of appen- affected facilities at onshore nat- dix A–5 of this part to determine the ural gas processing plants? TRS concentration from reduction- (a) If your sweetening unit affected type devices or where the oxygen con- facility is located at an onshore nat- tent of the effluent gas is less than 1.0 ural gas processing plant and is subject percent by volume. The sampling rate to the provisions of § 60.5405a(a) or (b) must be at least 3 liters/min (0.1 ft3/ you must install, calibrate, maintain, min) to insure minimum residence and operate monitoring devices or per- time in the sample line. You must take form measurements to determine the sixteen samples at 15-minute intervals. following operations information on a The arithmetic average of all the sam- daily basis: ples must be the concentration for the (1) The accumulation of sulfur prod- run. The concentration in ppm reduced uct over each 24-hour period. The moni- sulfur as sulfur must be multiplied by toring method may incorporate the use 1.333 × 10¥3 to convert the results to of an instrument to measure and sulfur equivalent. record the liquid sulfur production rate, or may be a procedure for meas- (iii) You must use Method 16A of ap- uring and recording the sulfur liquid pendix A–6 of this part or Method 15 of levels in the storage vessels with a appendix A–5 of this part or ANSI/ level indicator or by manual soundings, ASME PTC 19.10–1981, Part 10 (manual with subsequent calculation of the sul- portion only) (incorporated by ref- fur production rate based on the tank erence as specified in § 60.17) to deter- geometry, stored sulfur density, and mine the reduced sulfur concentration elapsed time between readings. The from oxidation-type devices or where method must be designed to be accu- the oxygen content of the effluent gas rate within ±2 percent of the 24-hour is greater than 1.0 percent by volume. sulfur accumulation. You must take eight samples of 20 min- (2) The H2S concentration in the acid utes each at 30-minute intervals. The gas from the sweetening unit for each arithmetic average must be the con- 24-hour period. At least one sample per centration for the run. The concentra- 24-hour period must be collected and tion in ppm reduced sulfur as sulfur analyzed using the equation specified × ¥3 must be multiplied by 1.333 10 to in § 60.5406a(b)(1). The Administrator convert the results to sulfur equiva- may require you to demonstrate that lent. the H2S concentration obtained from (iv) You must use Method 2 of appen- one or more samples over a 24-hour pe- dix A–1 of this part to determine the riod is within ±20 percent of the aver- volumetric flow rate of the effluent age of 12 samples collected at equally gas. A velocity traverse must be con- spaced intervals during the 24-hour pe- ducted at the beginning and end of riod. In instances where the H2S con- each run. The arithmetic average of centration of a single sample is not the two measurements must be used to within ±20 percent of the average of the calculate the volumetric flow rate (Qsd) 12 equally spaced samples, the Admin- for the run. For the determination of istrator may require a more frequent the effluent gas molecular weight, a sampling schedule. single integrated sample over the 4- (3) The average acid gas flow rate hour period may be taken and analyzed from the sweetening unit. You must in- or grab samples at 1-hour intervals stall and operate a monitoring device may be taken, analyzed, and averaged. to continuously measure the flow rate For the moisture content, you must of acid gas. The monitoring device take two samples of at least 0.10 dscm reading must be recorded at least once (3.5 dscf) and 10 minutes at the begin- per hour during each 24-hour period. ning of the 4-hour run and near the end The average acid gas flow rate must be of the time period. The arithmetic av- computed from the individual readings. erage of the two runs must be the (4) The sulfur feed rate (X). For each moisture content for the run. 24-hour period, you must compute X

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using the equation specified in ity, you must maintain the average § 60.5406a(b)(1). temperature of the gas leaving the (5) The required sulfur dioxide emis- combustion zone of the incinerator at sion reduction efficiency for the 24- or above the appropriate level deter- hour period. You must use the sulfur mined during the most recent perform- feed rate and the H2S concentration in ance test to ensure the sulfur com- the acid gas for the 24-hour period, as pound oxidation criteria are met. Oper- applicable, to determine the required ation at lower average temperatures reduction efficiency in accordance with may be considered by the Adminis- the provisions of § 60.5405a(b). trator to be unacceptable operation (b) Where compliance is achieved and maintenance of the affected facil- through the use of an oxidation control ity. You may request that the min- system or a reduction control system imum incinerator temperature be rees- followed by a continually operated in- tablished by conducting new perform- cineration device, you must install, ance tests under § 60.8. calibrate, maintain, and operate moni- (4) Upon promulgation of a perform- toring devices and continuous emission ance specification of continuous moni- monitors as follows: toring systems for total reduced sulfur (1) A continuous monitoring system compounds at sulfur recovery plants, to measure the total sulfur emission you may, as an alternative to para- rate (E) of SO2 in the gases discharged graph (b)(2) of this section, install, to the atmosphere. The SO2 emission calibrate, maintain, and operate a con- rate must be expressed in terms of tinuous emission monitoring system equivalent sulfur mass flow rates (kg/ for total reduced sulfur compounds as hr (lb/hr)). The span of this monitoring required in paragraph (d) of this sec- system must be set so that the equiva- tion in addition to a sulfur dioxide lent emission limit of § 60.5405a(b) will emission monitoring system. The sum be between 30 percent and 70 percent of of the equivalent sulfur mass emission the measurement range of the instru- rates from the two monitoring systems ment system. must be used to compute the total sul- (2) Except as provided in paragraph fur emission rate (E). (b)(3) of this section: A monitoring de- (c) Where compliance is achieved vice to measure the temperature of the through the use of a reduction control gas leaving the combustion zone of the system not followed by a continually incinerator, if compliance with operated incineration device, you must § 60.5405a(a) is achieved through the use install, calibrate, maintain, and oper- of an oxidation control system or a re- ate a continuous monitoring system to duction control system followed by a measure the emission rate of reduced continually operated incineration de- sulfur compounds as SO2 equivalent in vice. The monitoring device must be the gases discharged to the atmos- certified by the manufacturer to be ac- phere. The SO2 equivalent compound curate to within ±1 percent of the tem- emission rate must be expressed in perature being measured. terms of equivalent sulfur mass flow (3) When performance tests are con- rates (kg/hr (lb/hr)). The span of this ducted under the provision of § 60.8 to monitoring system must be set so that demonstrate compliance with the the equivalent emission limit of standards under § 60.5405a, the tempera- § 60.5405a(b) will be between 30 and 70 ture of the gas leaving the incinerator percent of the measurement range of combustion zone must be determined the system. This requirement becomes using the monitoring device. If the vol- effective upon promulgation of a per- umetric ratio of sulfur dioxide to sulfur formance specification for continuous dioxide plus total reduced sulfur (ex- monitoring systems for total reduced pressed as SO2) in the gas leaving the sulfur compounds at sulfur recovery incinerator is equal to or less than 0.98, plants. then temperature monitoring may be (d) For those sources required to used to demonstrate that sulfur dioxide comply with paragraph (b) or (c) of this emission monitoring is sufficient to de- section, you must calculate the aver- termine total sulfur emissions. At all age sulfur emission reduction effi- times during the operation of the facil- ciency achieved (R) for each 24-hour

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clock interval. The 24-hour interval average for the sulfur emission rate may begin and end at any selected (E). The monitoring system must pro- clock time, but must be consistent. vide at least one data point in each You must compute the 24-hour average successive 15-minute interval. You reduction efficiency (R) based on the must use at least two data points to 24-hour average sulfur production rate calculate each 1-hour average. You (S) and sulfur emission rate (E), using must use a minimum of 18 1-hour aver- the equation in § 60.5406a(c)(1). ages to compute each 24-hour average. (1) You must use data obtained from (e) In lieu of complying with para- the sulfur production rate monitoring graphs (b) or (c) of this section, those device specified in paragraph (a) of this section to determine S. sources with a design capacity of less (2) You must use data obtained from than 152 Mg/D (150 LT/D) of H2S ex- the sulfur emission rate monitoring pressed as sulfur may calculate the sul- systems specified in paragraphs (b) or fur emission reduction efficiency (c) of this section to calculate a 24-hour achieved for each 24-hour period by:

Where: § 60.5408a What is an optional proce- R = The sulfur dioxide removal efficiency dure for measuring hydrogen sul- achieved during the 24-hour period, per- fide in acid gas—Tutwiler Proce- cent. dure? K2 = Conversion factor, 0.02400 Mg/D per kg/ The Tutwiler procedure may be found hr (0.01071 LT/D per lb/hr). in the Gas Engineers Handbook, Fuel S = The sulfur production rate during the 24- Gas Engineering practices, The Indus- hour period, kg/hr (lb/hr). trial Press, 93 Worth Street, New York, X = The sulfur feed rate in the acid gas, Mg/ NY, 1966, First Edition, Second Print- D (LT/D). ing, page 6/25 (Docket A–80–20–A, Entry (f) The monitoring devices required II–I–67). in paragraphs (b)(1), (b)(3) and (c) of (a) When an instantaneous sample is this section must be calibrated at least desired and H2S concentration is 10 annually according to the manufactur- grains per 1000 cubic foot or more, a 100 ml Tutwiler burette is used. For con- er’s specifications, as required by centrations less than 10 grains, a 500 ml § 60.13(b). Tutwiler burette and more dilute solu- (g) The continuous emission moni- tions are used. In principle, this meth- toring systems required in paragraphs od consists of titrating hydrogen sul- (b)(1), (b)(3), and (c) of this section fide in a gas sample directly with a must be subject to the emission moni- standard solution of iodine. toring requirements of § 60.13 of the (b) Apparatus. (See Figure 1 of this General Provisions. For conducting the subpart.) A 100 or 500 ml capacity continuous emission monitoring sys- Tutwiler burette, with two-way glass tem performance evaluation required stopcock at bottom and three-way by § 60.13(c), Performance Specification stopcock at top that connect either 2 of appendix B of this part must apply, with inlet tubulature or glass- and Method 6 of appendix A–4 of this stoppered cylinder, 10 ml capacity, part must be used for systems required graduated in 0.1 ml subdivision; rubber by paragraph (b) of this section. In tubing connecting burette with lev- place of Method 6 of appendix A–4 of eling bottle. this part, ASME PTC 19.10–1981 (incor- (c) Reagents. (1) Iodine stock solution, porated by reference—see § 60.17) may 0.1N. Weight 12.7 g iodine, and 20 to 25 g cp potassium iodide (KI) for each be used. liter of solution. Dissolve KI in as little water as necessary; dissolve iodine in

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concentrated KI solution, make up to near (E) and disconnect it from bu- proper volume, and store in glass- rette. Rinse graduated cylinder with a stoppered brown glass bottle. standard iodine solution (0.00171 g I per (2) Standard iodine solution, 1 ml); fill cylinder and record reading. ml=0.001771 g I. Transfer 33.7 ml of Introduce successive small amounts of above 0.1N stock solution into a 250 ml iodine through (F); shake well after volumetric flask; add water to mark each addition; continue until a faint and mix well. Then, for 100 ml sample permanent blue color is obtained. of gas, 1 ml of standard iodine solution Record reading; subtract from previous is equivalent to 100 grains H2S per reading, and call difference D. cubic feet of gas. (e) With every fresh stock of starch (3) Starch solution. Rub into a thin solution perform a blank test as fol- paste about one teaspoonful of wheat lows: Introduce fresh starch solution starch with a little water; pour into into burette up to 100 ml mark. Close about a pint of boiling water; stir; let (F) and (G). Lower (L) and open (G). cool and decant off clear solution. When liquid level reaches the 10 ml Make fresh solution every few days. mark, close (G). With air in burette, ti- (d) Procedure. Fill leveling bulb with trate as during a test and up to same starch solution. Raise (L), open cock end point. Call ml of iodine used C. (G), open (F) to (A), and close (F) when Then, solutions starts to run out of gas inlet. Close (G). Purge gas sampling line and Grains H2S per 100 cubic foot of gas = connect with (A). Lower (L) and open 100 (D–C) (F) and (G). When liquid level is several (f) Greater sensitivity can be at- ml past the 100 ml mark, close (G) and tained if a 500 ml capacity Tutwiler bu- (F), and disconnect sampling tube. rette is used with a more dilute (0.001N) Open (G) and bring starch solution to iodine solution. Concentrations less 100 ml mark by raising (L); then close than 1.0 grains per 100 cubic foot can be (G). Open (F) momentarily, to bring determined in this way. Usually, the gas in burette to atmospheric pressure, starch-iodine end point is much less and close (F). Open (G), bring liquid distinct, and a blank determination of level down to 10 ml mark by lowering end point, with H2S-free gas or air, is (L). Close (G), clamp rubber tubing required.

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§ 60.5410a How do I demonstrate ini- equipment for routing recovered gas to tial compliance with the standards the gas flow line and the completion for my well, centrifugal compressor, combustion device (if applicable) con- reciprocating compressor, pneu- nected to and operating at each well matic controller, pneumatic pump, completion operation that occurred storage vessel, collection of fugitive emissions components at a well site, during the initial compliance period. collection of fugitive emissions com- As an alternative to imbedded latitude ponents at a compressor station, and longitude within the digital photo- and equipment leaks and sweet- graph, the digital photograph may con- ening unit affected facilities at on- sist of a photograph of the equipment shore natural gas processing connected and operating at each well plants? completion operation with a photo- You must determine initial compli- graph of a separately operating GPS ance with the standards for each af- device within the same digital picture, fected facility using the requirements provided the latitude and longitude in paragraphs (a) through (j) of this output of the GPS unit can be clearly section. The initial compliance period read in the digital photograph. begins on August 2, 2016, or upon initial (b)(1) To achieve initial compliance startup, whichever is later, and ends no with standards for your centrifugal later than 1 year after the initial start- compressor affected facility you must up date for your affected facility or no reduce methane and VOC emissions later than 1 year after August 2, 2016. from each centrifugal compressor wet The initial compliance period may be seal fluid degassing system by 95.0 per- less than one full year. cent or greater as required by (a) To achieve initial compliance § 60.5380a(a) and as demonstrated by the with the methane and VOC standards requirements of § 60.5413a. for each well completion operation (2) If you use a control device to re- conducted at your well affected facility duce emissions, you must equip the wet you must comply with paragraphs seal fluid degassing system with a (a)(1) through (4) of this section. cover that meets the requirements of (1) You must submit the notification § 60.5411a(b) that is connected through a required in § 60.5420a(a)(2). closed vent system that meets the re- (2) You must submit the initial an- quirements of § 60.5411a(a) and (d) and nual report for your well affected facil- is routed to a control device that meets ity as required in § 60.5420a(b)(1) and (2). the conditions specified in § 60.5412a(a), (3) You must maintain a log of (b) and (c). As an alternative to routing records as specified in § 60.5420a(c)(1)(i) the closed vent system to a control de- through (iv), as applicable, for each vice, you may route the closed vent well completion operation conducted system to a process. during the initial compliance period. If you meet the exemption for wells with (3) You must conduct an initial per- a GOR less than 300 scf per stock barrel formance test as required in § 60.5413a of oil produced, you do not have to within 180 days after initial startup or maintain the records in by August 2, 2016, whichever is later, § 60.5420a(c)(1)(i) through (iv) and must and you must comply with the contin- maintain the record in uous compliance requirements in § 60.5420a(c)(1)(vi). § 60.5415a(b). (4) For each well affected facility (4) You must conduct the initial in- subject to both § 60.5375a(a)(1) and (3), spections required in § 60.5416a(a) and as an alternative to retaining the (b). records specified in § 60.5420a(c)(1)(i) (5) You must install and operate the through (iv), you may maintain records continuous parameter monitoring sys- in accordance with § 60.5420a(c)(1)(v) of tems in accordance with § 60.5417a(a) one or more digital photographs with through (g), as applicable. the date the photograph was taken and (6) ]Reserved] the latitude and longitude of the well (7) You must submit the initial an- site imbedded within or stored with the nual report for your centrifugal com- digital file showing the equipment for pressor affected facility as required in storing or re-injecting recovered liquid, § 60.5420a(b)(1) and (3).

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(8) You must maintain the records as (4) You must tag each new pneumatic specified in § 60.5420a(c)(2), (6) through controller affected facility according (11), and (17), as applicable. to the requirements of § 60.5390a(b)(2) or (c) To achieve initial compliance (c)(2). with the standards for each recipro- (5) You must include the information cating compressor affected facility you in paragraph (d)(1) of this section and a must comply with paragraphs (c)(1) listing of the pneumatic controller af- through (4) of this section. fected facilities specified in paragraphs (1) If complying with § 60.5385a(a)(1) (d)(2) and (3) of this section in the ini- or (2), during the initial compliance pe- tial annual report submitted for your riod, you must continuously monitor pneumatic controller affected facilities the number of hours of operation or constructed, modified or reconstructed track the number of months since the during the period covered by the an- last rod packing replacement. nual report according to the require- (2) If complying with § 60.5385a(a)(3), ments of § 60.5420a(b)(1) and (5). you must operate the rod packing (6) You must maintain the records as emissions collection system under neg- specified in § 60.5420a(c)(4) for each ative pressure and route emissions to a pneumatic controller affected facility. process through a closed vent system (e) To achieve initial compliance that meets the requirements of with emission standards for your pneumatic pump affected facility you must § 60.5411a(a) and (d). comply with the requirements specified (3) You must submit the initial an- in paragraphs (e)(1) through (7) of this nual report for your reciprocating com- section, as applicable. pressor as required in § 60.5420a(b)(1) (1) If you own or operate a pneumatic and (4). pump affected facility located at a nat- (4) You must maintain the records as ural gas processing plant, your pneu- specified in § 60.5420a(c)(3) for each re- matic pump must be driven by a gas ciprocating compressor affected facil- other than natural gas, resulting in ity. zero natural gas emissions. (d) To achieve initial compliance (2) If you own or operate a pneumatic with methane and VOC emission stand- pump affected facility not located at a ards for your pneumatic controller af- natural gas processing plant, you must fected facility you must comply with reduce emissions in accordance the requirements specified in para- § 60.5393a(b)(1) or (b)(2), and you must graphs (d)(1) through (6) of this section, collect the pneumatic pump emissions as applicable. through a closed vent system that (1) You must demonstrate initial meets the requirements of § 60.5411a(a) compliance by maintaining records as and (d). specified in § 60.5420a(c)(4)(ii) of your (3) If you own or operate a pneumatic determination that the use of a pneu- pump affected facility not located at a matic controller affected facility with natural gas processing plant and there a bleed rate greater than the applicable is no control device or process avail- standard is required as specified in able on site, you must submit the cer- § 60.5390a(b)(1) or (c)(1). tification in 60.5420a(b)(8)(i)(A). (2) If you own or operate a pneumatic (4) If you own or operate a pneumatic controller affected facility located at a pump affected facility not located at a natural gas processing plant, your natural gas processing plant or a pneumatic controller must be driven greenfield site, and you are unable to by a gas other than natural gas, result- route to an existing control device due ing in zero natural gas emissions. to technical infeasibility, and you are (3) If you own or operate a pneumatic unable to route to a process, you must controller affected facility located submit the certification in other than at a natural gas processing § 60.5420a(b)(8)(i)(B). plant, the controller manufacturer’s (5) If you own or operate a pneumatic design specifications for the controller pump affected facility not located must indicate that the controller emits other than at a natural gas processing less than or equal to 6 standard cubic plant and you reduce emissions in ac- feet of gas per hour. cordance with § 60.5393a(b)(4), you must

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collect the pneumatic pump emissions (1) You must determine the potential through a closed vent system that VOC emission rate as specified in meets the requirements of § 60.5411a(c) § 60.5365a(e). and (d). (2) You must reduce VOC emissions (6) You must submit the initial an- in accordance with § 60.5395a(a). nual report for your pneumatic pump (3) If you use a control device to re- affected facility required in duce emissions, you must equip the § 60.5420a(b)(1) and (8). storage vessel with a cover that meets (7) You must maintain the records as the requirements of § 60.5411a(b) and is specified in § 60.5420a(c)(6), (8) through connected through a closed vent sys- (10), (16), and (17), as applicable, for tem that meets the requirements of each pneumatic pump affected facility. § 60.5411a(c) and (d) to a control device (8) Pneumatic pump affected facili- that meets the conditions specified in ties at a well are not subject to the re- § 60.5412a(d) within 60 days after startup quirements of (e)(6) and (7) of this sec- for storage vessels constructed, modi- tion from June 2, 2017, until August 31, fied or reconstructed at well sites with 2017. no other wells in production, or upon (f) For affected facilities at onshore startup for storage vessels constructed, natural gas processing plants, initial modified or reconstructed at well sites compliance with the methane and VOC with one or more wells already in pro- standards is demonstrated if you are in duction. compliance with the requirements of (4) You must conduct an initial per- § 60.5400a. formance test as required in § 60.5413a (g) For sweetening unit affected fa- within 180 days after initial startup or cilities at onshore natural gas proc- within 180 days of August 2, 2016, essing plants, initial compliance is whichever is later, and you must com- demonstrated according to paragraphs ply with the continuous compliance re- (g)(1) through (3) of this section. quirements in § 60.5415a(e). (1) To determine compliance with the (5) You must submit the information standards for SO2 specified in § 60.5405a(a), during the initial perform- required for your storage vessel af- ance test as required by § 60.8, the min- fected facility in your initial annual imum required sulfur dioxide emission report as specified in § 60.5420a(b)(1) and (6). reduction efficiency (Zi) is compared to the emission reduction efficiency (R) (6) You must maintain the records re- achieved by the sulfur recovery tech- quired for your storage vessel affected nology as specified in paragraphs facility, as specified in § 60.5420a(c)(5) (g)(1)(i) and (ii) of this section. through (8), (12) through (14), and (17), as applicable, for each storage vessel (i) If R ≥ Zi, your affected facility is in compliance. affected facility. (i) For each storage vessel affected (ii) If R < Zi, your affected facility is not in compliance. facility that complies by using a float- (2) The emission reduction efficiency ing roof, you must submit a statement (R) achieved by the sulfur reduction that you are complying with technology must be determined using § 60.112(b)(a)(1) or (2) in accordance with the procedures in § 60.5406a(c)(1). § 60.5395a(b)(2) with the initial annual (3) You must submit the results of report specified in § 60.5420a(b). paragraphs (g)(1) and (2) of this section (j) To achieve initial compliance with in the initial annual report submitted the fugitive emission standards for for your sweetening unit affected fa- each collection of fugitive emissions cilities at onshore natural gas proc- components at a well site and each col- essing plants. lection of fugitive emissions compo- (h) For each storage vessel affected nents at a compressor station, you facility, you must comply with para- must comply with paragraphs (j)(1) graphs (h)(1) through (6) of this section. through (5) of this section. You must demonstrate initial compli- (1) You must develop a fugitive emis- ance by August 2, 2016, or within 60 sions monitoring plan as required in days after startup, whichever is later. § 60.5397a(b)(c), and (d).

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(2) You must conduct an initial moni- tem contains one or more bypass de- toring survey as required in vices that could be used to divert all or § 60.5397a(f). a portion of the gases, vapors, or fumes (3) You must maintain the records from entering the control device. specified in § 60.5420a(c)(15). (i) Except as provided in paragraph (4) You must repair each identified (a)(3)(ii) of this section, you must com- source of fugitive emissions for each ply with either paragraph (a)(3)(i)(A) or affected facility as required in (B) of this section for each bypass de- § 60.5397a(h). vice. (5) You must submit the initial an- (A) You must properly install, cali- nual report for each collection of fugi- brate, maintain, and operate a flow in- tive emissions components at a well dicator at the inlet to the bypass de- site and each collection of fugitive vice that could divert the stream away emissions components at a compressor from the control device or process to station compressor station as required the atmosphere that is capable of tak- in § 60.5420a(b)(1) and (7). ing periodic readings as specified in [81 FR 35898, June 3, 2016, as amended at 82 § 60.5416a(a)(4)(i) and sounds an alarm, FR 25733, June 5, 2017] or initiates notification via remote alarm to the nearest field office, when § 60.5411a What additional requirements must I meet to determine ini- the bypass device is open such that the tial compliance for my covers and stream is being, or could be, diverted closed vent systems routing emis- away from the control device or proc- sions from centrifugal compressor ess to the atmosphere. You must main- wet seal fluid degassing systems, retain records of each time the alarm is ciprocating compressors, pneumatic activated according to § 60.5420a(c)(8). pumps and storage vessels? (B) You must secure the bypass de- You must meet the applicable re- vice valve installed at the inlet to the quirements of this section for each bypass device in the non-diverting posi- cover and closed vent system used to tion using a car-seal or a lock-and-key comply with the emission standards for type configuration. your centrifugal compressor wet seal (ii) Low leg drains, high point bleeds, degassing systems, reciprocating com- analyzer vents, open-ended valves or pressors, pneumatic pumps and storage lines, and safety devices are not sub- vessels except as provided in paragraph ject to the requirements of paragraph (e) of this section. (a)(3)(i) of this section. (a) Closed vent system requirements (b) Cover requirements for storage for reciprocating compressors, centrifugal compressor wet seal degassing vessels and centrifugal compressor wet systems and pneumatic pumps. seal fluid degassing systems. (1) You must design the closed vent (1) The cover and all openings on the system to route all gases, vapors, and cover (e.g., access hatches, sampling fumes emitted from the reciprocating ports, pressure relief devices and gauge compressor rod packing emissions col- wells) shall form a continuous imper- lection system, the wet seal fluid meable barrier over the entire surface degassing system or pneumatic pump area of the liquid in the storage vessel to a control device or to a process. For or wet seal fluid degassing system. reciprocating and centrifugal compres- (2) Each cover opening shall be se- sors, the closed vent system must cured in a closed, sealed position (e.g., route all gases, vapors, and fumes to a covered by a gasketed lid or cap) when- control device that meets the require- ever material is in the unit on which ments specified in § 60.5412a(a) through the cover is installed except during (c). those times when it is necessary to use (2) You must design and operate the an opening as follows: closed vent system with no detectable (i) To add material to, or remove ma- emissions as demonstrated by terial from the unit (this includes § 60.5416a(b). openings necessary to equalize or bal- (3) You must meet the requirements ance the internal pressure of the unit specified in paragraphs (a)(3)(i) and (ii) following changes in the level of the of this section if the closed vent sys- material in the unit);

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(ii) To inspect or sample the material stream is being, or could be, diverted in the unit; away from the control device or proc- (iii) To inspect, maintain, repair, or ess to the atmosphere. You must main- replace equipment located inside the tain records of each time the alarm is unit; or activated according to § 60.5420a(c)(8). (iv) To vent liquids, gases, or fumes (B) You must secure the bypass de- from the unit through a closed vent vice valve installed at the inlet to the system designed and operated in ac- bypass device in the non-diverting posi- cordance with the requirements of tion using a car-seal or a lock-and-key paragraph (a) or (c), and (d), of this sec- type configuration. tion to a control device or to a process. (ii) Low leg drains, high point bleeds, (3) Each storage vessel thief hatch analyzer vents, open-ended valves or shall be equipped, maintained and op- lines, and safety devices are not sub- erated with a weighted mechanism or ject to the requirements of paragraph equivalent, to ensure that the lid re- (c)(3)(i) of this section. mains properly seated and sealed under (d) Closed vent systems requirements normal operating conditions, including for centrifugal compressor wet seal such times when working, standing/ fluid degassing systems, reciprocating breathing, and flash emissions may be compressors, pneumatic pumps and generated. You must select gasket ma- storage vessels using a control device terial for the hatch based on composi- or routing emissions to a process. tion of the fluid in the storage vessel (1) You must conduct an assessment and weather conditions. that the closed vent system is of suffi- (c) Closed vent system requirements cient design and capacity to ensure for storage vessel affected facilities that all emissions from the storage using a control device or routing emis- vessel are routed to the control device sions to a process. and that the control device is of suffi- (1) You must design the closed vent cient design and capacity to accommo- system to route all gases, vapors, and date all emissions from the affected fa- fumes emitted from the material in the cility and have it certified by a quali- storage vessel to a control device that fied professional engineer in accord- meets the requirements specified in ance with paragraphs (d)(1)(i) and (ii) § 60.5412a(c) and (d), or to a process. of this section. (2) You must design and operate a (i) You must provide the following closed vent system with no detectable certification, signed and dated by the emissions, as determined using olfac- qualified professional engineer: ‘‘I cer- tory, visual and auditory inspections. tify that the closed vent system design (3) You must meet the requirements and capacity assessment was prepared specified in paragraphs (c)(3)(i) and (ii) under my direction or supervision. I of this section if the closed vent sys- further certify that the closed vent tem contains one or more bypass de- system design and capacity assessment vices that could be used to divert all or was conducted and this report was pre- a portion of the gases, vapors, or fumes pared pursuant to the requirements of from entering the control device or to subpart OOOOa of 40 CFR part 60. a process. Based on my professional knowledge (i) Except as provided in paragraph and experience, and inquiry of per- (c)(3)(ii) of this section, you must com- sonnel involved in the assessment, the ply with either paragraph (c)(3)(i)(A) or certification submitted herein is true, (B) of this section for each bypass de- accurate, and complete. I am aware vice. that there are penalties for knowingly (A) You must properly install, cali- submitting false information.’’ brate, maintain, and operate a flow in- (ii) The assessment shall be prepared dicator at the inlet to the bypass de- under the direction or supervision of vice that could divert the stream away the qualified professional engineer who from the control device or process to signs the certification in paragraph the atmosphere that sounds an alarm, (d)(1)(i) of this section. or initiates notification via remote (2) [Reserved] alarm to the nearest field office, when (e) Pneumatic pump affected facili- the bypass device is open such that the ties at a well site are not subject to the

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requirements of paragraph (a) of this under § 60.5413a(b), that combustion section from June 2, 2017, until August zone temperature is an indicator of de- 31, 2017. struction efficiency. [81 FR 35898, June 3, 2016, as amended at 82 (iv) If a boiler or process heater is FR 25733, June 5, 2017] used as the control device, then you must introduce the vent stream into § 60.5412a What additional require- the flame zone of the boiler or process ments must I meet for determining heater. initial compliance with control de- (2) Each vapor recovery device (e.g., vices used to comply with the emis- carbon adsorption system or con- sion standards for my centrifugal compressor, and storage vessel af- denser) or other non-destructive con- fected facilities? trol device must be designed and operated to reduce the mass content of You must meet the applicable re- methane and VOC in the gases vented quirements of this section for each con- to the device by 95.0 percent by weight trol device used to comply with the or greater as determined in accordance emission standards for your centrifugal with the requirements of § 60.5413a(b). compressor affected facility, or storage As an alternative to the performance vessel affected facility. testing requirements, you may dem- (a) Each control device used to meet onstrate initial compliance by con- the emission reduction standard in ducting a design analysis for vapor re- § 60.5380a(a)(1) for your centrifugal com- covery devices according to the re- pressor affected facility must be in- quirements of § 60.5413a(c). stalled according to paragraphs (a)(1) through (3) of this section. As an alter- (3) You must design and operate a native, you may install a control de- flare in accordance with the require- vice model tested under § 60.5413a(d), ments of § 60.18(b), and you must con- which meets the criteria in duct the compliance determination § 60.5413a(d)(11) and meet the contin- using Method 22 of appendix A–7 of this uous compliance requirements in part to determine visible emissions. § 60.5413a(e). (b) You must operate each control de- (1) Each combustion device (e.g., vice installed on your centrifugal com- thermal vapor incinerator, catalytic pressor affected facility in accordance vapor incinerator, boiler, or process with the requirements specified in heater) must be designed and operated paragraphs (b)(1) and (2) of this section. in accordance with one of the perform- (1) You must operate each control de- ance requirements specified in para- vice used to comply with this subpart graphs (a)(1)(i) through (iv) of this sec- at all times when gases, vapors, and tion. fumes are vented from the wet seal (i) You must reduce the mass content fluid degassing system affected facility of methane and VOC in the gases vent- as required under § 60.5380a(a)(1) ed to the device by 95.0 percent by through the closed vent system to the weight or greater as determined in ac- control device. You may vent more cordance with the requirements of than one affected facility to a control § 60.5413a(b), with the exceptions noted device used to comply with this sub- in § 60.5413a(a). part. (ii) You must reduce the concentra- (2) For each control device monitored tion of TOC in the exhaust gases at the in accordance with the requirements of outlet to the device to a level equal to § 60.5417a(a) through (g), you must dem- or less than 275 parts per million by onstrate compliance according to the volume as propane on a wet basis cor- requirements of § 60.5415a(b)(2), as ap- rected to 3 percent oxygen as deter- plicable. mined in accordance with the applica- (c) For each carbon adsorption sys- ble requirements of § 60.5413a(b), with tem used as a control device to meet the exceptions noted in § 60.5413a(a). the requirements of paragraph (a)(2) or (iii) You must operate at a minimum (d)(2) of this section, you must manage temperature of 760 °Celsius, provided the carbon in accordance with the re- the control device has demonstrated, quirements specified in paragraphs during the performance test conducted (c)(1) or (2) of this section.

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(1) Following the initial startup of of this section, as applicable. As an al- the control device, you must replace ternative to paragraph (d)(1) of this all carbon in the control device with section, you may install a control de- fresh carbon on a regular, predeter- vice model tested under § 60.5413a(d), mined time interval that is no longer which meets the criteria in than the carbon service life established § 60.5413a(d)(11) and meet the contin- according to § 60.5413a(c)(2) or (3) or ac- uous compliance requirements in cording to the design required in para- § 60.5413a(e). graph (d)(2) of this section, for the car- (1) For each combustion control de- bon adsorption system. You must vice (e.g., thermal vapor incinerator, maintain records identifying the sched- catalytic vapor incinerator, boiler, or ule for replacement and records of each process heater) you must meet the re- carbon replacement as required in quirements in paragraphs (d)(1)(i) § 60.5420a(c)(10) and (12). through (iv) of this section. (2) You must either regenerate, reac- (i) Ensure that each enclosed com- tivate, or burn the spent carbon re- bustion control device is maintained in moved from the carbon adsorption sys- a leak free condition. tem in one of the units specified in (ii) Install and operate a continuous paragraphs (c)(2)(i) through (vi) of this burning pilot flame. section. (iii) Operate the combustion control (i) Regenerate or reactivate the spent device with no visible emissions, ex- carbon in a unit for which you have cept for periods not to exceed a total of been issued a final permit under 40 CFR part 270 that implements the require- 1 minute during any 15 minute period. ments of 40 CFR part 264, subpart X. A visible emissions test using section (ii) Regenerate or reactivate the 11 of EPA Method 22 of appendix A–7 of spent carbon in a unit equipped with an this part must be performed at least operating organic air emission controls once every calendar month, separated in accordance with an emissions stand- by at least 15 days between each test. ard for VOC under another subpart in The observation period shall be 15 min- 40 CFR part 63 or this part. utes. Devices failing the visible emis- (iii) Burn the spent carbon in a haz- sions test must follow manufacturer’s ardous waste incinerator for which the repair instructions, if available, or best owner or operator complies with the combustion engineering practice as requirements of 40 CFR part 63, subpart outlined in the unit inspection and EEE and has submitted a Notification maintenance plan, to return the unit of Compliance under 40 CFR 63.1207(j). to compliant operation. All inspection, (iv) Burn the spent carbon in a haz- repair and maintenance activities for ardous waste boiler or industrial fur- each unit must be recorded in a main- nace for which the owner or operator tenance and repair log and must be complies with the requirements of 40 available for inspection. Following re- CFR part 63, subpart EEE and has sub- turn to operation from maintenance or mitted a Notification of Compliance repair activity, each device must pass a under 40 CFR 63.1207(j). Method 22 of appendix A–7 of this part (v) Burn the spent carbon in an in- visual observation as described in this dustrial furnace for which you have paragraph. been issued a final permit under 40 CFR (iv) Each enclosed combustion con- part 270 that implements the require- trol device (e.g., thermal vapor inciner- ments of 40 CFR part 266, subpart H. ator, catalytic vapor incinerator, boil- (vi) Burn the spent carbon in an in- er, or process heater) must be designed dustrial furnace that you have de- and operated in accordance with one of signed and operated in accordance with the performance requirements specified the interim status requirements of 40 in paragraphs (A) through (D) of this CFR part 266, subpart H. section. (d) Each control device used to meet (A) You must reduce the mass con- the emission reduction standard in tent of VOC in the gases vented to the § 60.5395a(a)(2) for your storage vessel device by 95.0 percent by weight or affected facility must be installed ac- greater as determined in accordance cording to paragraphs (d)(1) through (4) with the requirements of § 60.5413a(b).

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(B) You must reduce the concentra- § 60.5412a(a)(1) or (2) or (d)(1) or (2) tion of TOC in the exhaust gases at the using the performance test methods outlet to the device to a level equal to and procedures specified in this sec- or less than 275 parts per million by tion. For condensers and carbon volume as propane on a wet basis cor- adsorbers, you may use a design anal- rected to 3 percent oxygen as deter- ysis as specified in paragraph (c) of this mined in accordance with the applica- section in lieu of complying with parable requirements of § 60.5413a(b). graph (b) of this section. In addition, (C) You must operate at a minimum this section contains the requirements temperature of 760 °Celsius, provided for enclosed combustion control device the control device has demonstrated, performance tests conducted by the during the performance test conducted manufacturer applicable to storage under § 60.5413a(b), that combustion vessel and centrifugal compressor af- zone temperature is an indicator of de- fected facilities. struction efficiency. (a) Performance test exemptions. You (D) If a boiler or process heater is are exempt from the requirements to used as the control device, then you conduct performance tests and design must introduce the vent stream into analyses if you use any of the control the flame zone of the boiler or process devices described in paragraphs (a)(1) heater. through (7) of this section. (2) Each vapor recovery device (e.g., carbon adsorption system or con- (1) A flare that is designed and oper- denser) or other non-destructive con- ated in accordance with § 60.18(b). You trol device must be designed and oper- must conduct the compliance deter- ated to reduce the mass content of VOC mination using Method 22 of appendix in the gases vented to the device by A–7 of this part to determine visible 95.0 percent by weight or greater. A emissions. carbon replacement schedule must be (2) A boiler or process heater with a included in the design of the carbon ad- design heat input capacity of 44 sorption system. megawatts or greater. (3) You must design and operate a (3) A boiler or process heater into flare in accordance with the require- which the vent stream is introduced ments of § 60.18(b), and you must con- with the primary fuel or is used as the duct the compliance determination primary fuel. using Method 22 of appendix A–7 of this (4) A boiler or process heater burning part to determine visible emissions. hazardous waste for which you have (4) You must operate each control de- been issued a final permit under 40 CFR vice used to comply with this subpart part 270 and comply with the require- at all times when gases, vapors, and ments of 40 CFR part 266, subpart H; fumes are vented from the storage ves- you have certified compliance with the sel affected facility through the closed interim status requirements of 40 CFR vent system to the control device. You part 266, subpart H; you have submitted may vent more than one affected facil- a Notification of Compliance under 40 ity to a control device used to comply CFR 63.1207(j) and comply with the re- with this subpart. quirements of 40 CFR part 63, subpart § 60.5413a What are the performance EEE; or you comply with 40 CFR part testing procedures for control de- 63, subpart EEE and will submit a Noti- vices used to demonstrate compli- fication of Compliance under 40 CFR ance at my centrifugal compressor 63.1207(j) by the date specified in and storage vessel affected facili- § 60.5420(b)(9) for submitting the initial ties? performance test report. This section applies to the perform- (5) A hazardous waste incinerator for ance testing of control devices used to which you have submitted a Notifica- demonstrate compliance with the emis- tion of Compliance under 40 CFR sions standards for your centrifugal 63.1207(j), or for which you will submit compressor affected facility or storage a Notification of Compliance under 40 vessel affected facility. You must dem- CFR 63.1207(j) by the date specified in onstrate that a control device achieves § 60.5420a(b)(9) for submitting the ini- the performance requirements of tial performance test report, and you

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comply with the requirements of 40 (i) You must compute the mass rate CFR part 63, subpart EEE. of TOC using the following equations:

(6) A performance test is waived in Ei = K2CiMpQi accordance with § 60.8(b). Eo = K2CoMpQo (7) A control device whose model can be demonstrated to meet the perform- Where: ance requirements of § 60.5412a(a)(1) or Ei, Eo = Mass rate of TOC at the inlet and (d)(1) through a performance test con- outlet of the control device, respectively, dry basis, kilograms per hour. ducted by the manufacturer, as speci- ¥6 K2 = Constant, 2.494 × 10 (parts per million) fied in paragraph (d) of this section. (gram-mole per standard cubic meter) (b) Test methods and procedures. You (kilogram/gram) (minute/hour), where must use the test methods and proce- standard temperature (gram-mole per dures specified in paragraphs (b)(1) standard cubic meter) is 20 °Celsius. through (5) of this section, as applica- Ci, Co = Concentration of TOC, as propane, of the gas stream as measured by Method ble, for each performance test con- 25A at the inlet and outlet of the control ducted to demonstrate that a control device, respectively, dry basis, parts per device meets the requirements of million by volume. § 60.5412a(a)(1) or (2) or (d)(1) or (2). You Mp = Molecular weight of propane, 44.1 gram/ must conduct the initial and periodic gram-mole. performance tests according to the Qi, Qo = Flowrate of gas stream at the inlet schedule specified in paragraph (b)(5) of and outlet of the control device, respec- this section. Each performance test tively, dry standard cubic meter per minute. must consist of a minimum of 3 test runs. Each run must be at least 1 hour (ii) You must calculate the percent long. reduction in TOC as follows: (1) You must use Method 1 or 1A of appendix A–1 of this part, as appropriate, to select the sampling sites specified in paragraphs (b)(1)(i) and (ii) of this section. Any references to par- Where: ticulate mentioned in Methods 1 and Rcd = Control efficiency of control device, 1A do not apply to this section. percent. (i) Sampling sites must be located at Ei, = Mass rate of TOC at the inlet to the control device as calculated under para- the inlet of the first control device and graph (b)(3)(i) of this section, kilograms at the outlet of the final control device per hour. to determine compliance with a con- Eo = Mass rate of TOC at the outlet of the trol device percent reduction require- control device, as calculated under para- ment. graph (b)(3)(i) of this section, kilograms (ii) The sampling site must be lo- per hour. cated at the outlet of the combustion (iii) If the vent stream entering a device to determine compliance with a boiler or process heater with a design TOC exhaust gas concentration limit. capacity less than 44 megawatts is in- (2) You must determine the gas volu- troduced with the combustion air or as metric flowrate using Method 2, 2A, 2C, a secondary fuel, you must determine or 2D of appendix A–2 of this part, as the weight-percent reduction of total appropriate. TOC across the device by comparing (3) To determine compliance with the the TOC in all combusted vent streams control device percent reduction per- and primary and secondary fuels with formance requirement in the TOC exiting the device, respec- § 60.5412a(a)(1)(i), (a)(2) or (d)(1)(iv)(A), tively. you must use Method 25A of appendix (4) You must use Method 25A of ap- A–7 of this part. You must use Method pendix A–7 of this part to measure 4 of appendix A–3 of this part to con- TOC, as propane, to determine compli- vert the Method 25A results to a dry ance with the TOC exhaust gas con- basis. You must use the procedures in centration limit specified in paragraphs (b)(3)(i) through (iii) of this § 60.5412a(a)(1)(ii) or (d)(1)(iv)(B). You section to calculate percent reduction may also use Method 18 of appendix A– efficiency. 6 of this part to measure methane and

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ethane. You may subtract the meas- (5) You must conduct performance ured concentration of methane and tests according to the schedule speci- ethane from the Method 25A measure- fied in paragraphs (b)(5)(i) and (ii) of ment to demonstrate compliance with this section. the concentration limit. You must de- (i) You must conduct an initial per- termine the concentration in parts per formance test within 180 days after ini- million by volume on a wet basis and tial startup for your affected facility. correct it to 3 percent oxygen, using You must submit the performance test the procedures in paragraphs (b)(4)(i) results as required in § 60.5420a(b)(9). through (iii) of this section. (ii) You must conduct periodic per- (i) If you use Method 18 to determine formance tests for all control devices methane and ethane, you must take ei- required to conduct initial perform- ther an integrated sample or a min- ance tests except as specified in para- imum of four grab samples per hour. If graphs (b)(5)(ii)(A) and (B) of this sec- grab sampling is used, then the sam- tion. You must conduct the first peri- ples must be taken at approximately odic performance test no later than 60 equal intervals in time, such as 15- months after the initial performance minute intervals during the run. You test required in paragraph (b)(5)(i) of must determine the average methane this section. You must conduct subse- and ethane concentration per run. The quent periodic performance tests at in- samples must be taken during the same tervals no longer than 60 months fol- time as the Method 25A sample. lowing the previous periodic perform- (ii) You may subtract the concentra- ance test or whenever you desire to es- tion of methane and ethane from the tablish a new operating limit. You Method 25A TOC, as propane, con- must submit the periodic performance centration for each run. test results as specified in (iii) You must correct the TOC con- § 60.5420a(b)(9). centration (minus methane and ethane, (A) A control device whose model is if applicable) to 3 percent oxygen as tested under, and meets the criteria of specified in paragraphs (b)(4)(iii)(A) paragraph (d) of this section. For cen- and (B) of this section. trifugal compressor affected facilities, (A) You must use the emission rate if you do not continuously monitor the correction factor for excess air, inte- gas flow rate in accordance with grated sampling and analysis proce- § 60.5417a(d)(1)(viii), then you must dures of Method 3A or 3B of appendix comply with the periodic performance A–2 of this part, ASTM D6522–00 (Re- testing requirements of paragraph approved 2005), or ANSI/ASME PTC (b)(5)(ii). 19.10–1981, Part 10 (manual portion (B) A combustion control device test- only) (incorporated by reference as ed under paragraph (b) of this section specified in § 60.17) to determine the ox- that meets the outlet TOC performance ygen concentration. The samples must level specified in § 60.5412a(a)(1)(ii) or be taken during the same time that the (d)(1)(iv)(B) and that establishes a cor- samples are taken for determining TOC relation between firebox or combustion concentration. chamber temperature and the TOC per- (B) You must correct the TOC conformance level. For centrifugal com- centration for percent oxygen as fol- pressor affected facilities, you must es- lows: tablish a limit on temperature in accordance with § 60.5417a(f) and continuously monitor the temperature as required by § 60.5417a(d). (c) Control device design analysis to Where: meet the requirements of § 60.5412a(a)(2) Cc = TOC concentration, as propane, cor- or (d)(2). (1) For a condenser, the design rected to 3 percent oxygen, parts per mil- analysis must include an analysis of lion by volume on a wet basis. the vent stream composition, con- Cm = TOC concentration, as propane, (minus methane and ethane, if applicable), parts stituent concentrations, flowrate, rel- per million by volume on a wet basis. ative humidity and temperature and %O2m = Concentration of oxygen, percent by must establish the design outlet or- volume as measured, wet. ganic compound concentration level,

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design average temperature of the con- graph (d)(11) of this section by condenser exhaust vent stream and the de- ducting a performance test as specified sign average temperatures of the cool- in paragraphs (d)(2) through (10) of this ant fluid at the condenser inlet and section. You must submit a test report outlet. for each combustion control device in (2) For a regenerable carbon adsorp- accordance with the requirements in tion system, the design analysis shall paragraph (d)(12) of this section. include the vent stream composition, (2) Performance testing must consist constituent concentrations, flowrate, of three 1-hour (or longer) test runs for relative humidity and temperature and each of the four firing rate settings shall establish the design exhaust vent specified in paragraphs (d)(2)(i) through stream organic compound concentra- (iv) of this section, making a total of 12 tion level, adsorption cycle time, num- test runs per test. Propene (propylene) ber and capacity of carbon beds, type gas must be used for the testing fuel. and working capacity of activated car- All fuel analyses must be performed by bon used for the carbon beds, design an independent third-party laboratory total regeneration stream flow over the (not affiliated with the control device period of each complete carbon bed re- manufacturer or fuel supplier). generation cycle, design carbon bed (i) 90–100 percent of maximum design temperature after regeneration, design rate (fixed rate). carbon bed regeneration time and de- (ii) 70–100–70 percent (ramp up, ramp sign service life of the carbon. down). Begin the test at 70 percent of (3) For a nonregenerable carbon ad- the maximum design rate. During the sorption system, such as a carbon can- first 5 minutes, incrementally ramp ister, the design analysis shall include the firing rate to 100 percent of the the vent stream composition, con- maximum design rate. Hold at 100 per- stituent concentrations, flowrate, rel- cent for 5 minutes. In the 10–15 minute ative humidity and temperature and time range, incrementally ramp back shall establish the design exhaust vent down to 70 percent of the maximum de- stream organic compound concentration level, capacity of the carbon bed, sign rate. Repeat three more times for type and working capacity of activated a total of 60 minutes of sampling. carbon used for the carbon bed and de- (iii) 30–70–30 percent (ramp up, ramp sign carbon replacement interval based down). Begin the test at 30 percent of on the total carbon working capacity the maximum design rate. During the of the control device and source oper- first 5 minutes, incrementally ramp ating schedule. In addition, these sys- the firing rate to 70 percent of the max- tems shall incorporate dual carbon imum design rate. Hold at 70 percent canisters in case of emission break- for 5 minutes. In the 10–15 minute time through occurring in one canister. range, incrementally ramp back down (4) If you and the Administrator do to 30 percent of the maximum design not agree on a demonstration of con- rate. Repeat three more times for a trol device performance using a design total of 60 minutes of sampling. analysis, then you must perform a per- (iv) 0–30–0 percent (ramp up, ramp formance test in accordance with the down). Begin the test at the minimum requirements of paragraph (b) of this firing rate. During the first 5 minutes, section to resolve the disagreement. incrementally ramp the firing rate to The Administrator may choose to have 30 percent of the maximum design rate. an authorized representative observe Hold at 30 percent for 5 minutes. In the the performance test. 10–15 minute time range, incrementally (d) Performance testing for combustion ramp back down to the minimum firing control devices—manufacturers’ perform- rate. Repeat three more times for a ance test. (1) This paragraph (d) applies total of 60 minutes of sampling. to the performance testing of a com- (3) All models employing multiple en- bustion control device conducted by closures must be tested simultaneously the device manufacturer. The manufac- and with all burners operational. Re- turer must demonstrate that a specific sults must be reported for each enclo- model of control device achieves the sure individually and for the average of performance requirements in para- the emissions from all interconnected

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combustion enclosures/chambers. Con- test report required by paragraph trol device operating data must be col- (d)(12) of this section. lected continuously throughout the (A) Hydrocarbon compounds con- performance test using an electronic taining between one and five atoms of Data Acquisition System. A graphic carbon plus benzene using ASTM presentation or strip chart of the con- D1945–03 (incorporated by reference as trol device operating data and emis- specified in § 60.17).

sions test data must be included in the (B) Hydrogen (H2), carbon monoxide test report in accordance with para- (CO), carbon dioxide (CO2), nitrogen graph (d)(12) of this section. Inlet fuel (N2), oxygen (O2) using ASTM D1945–03 meter data may be manually recorded (incorporated by reference as specified provided that all inlet fuel data read- in § 60.17). ings are included in the final report. (C) Higher heating value using ASTM (4) Inlet testing must be conducted as D3588–98 or ASTM D4891–89 (incor- specified in paragraphs (d)(4)(i) and (ii) porated by reference as specified in of this section. § 60.17). (i) The inlet gas flow metering sys- (6) Outlet testing must be conducted tem must be located in accordance in accordance with the criteria in para- with Method 2A of appendix A–1 of this graphs (d)(6)(i) through (v) of this sec- part (or other approved procedure) to tion. measure inlet gas flow rate at the con- (i) Sample and flow rate must be trol device inlet location. You must po- measured in accordance with para- sition the fitting for filling fuel sample graphs (d)(6)(i)(A) and (B) of this sec- containers a minimum of eight pipe dition. ameters upstream of any inlet gas flow (A) The outlet sampling location monitoring meter. must be a minimum of four equivalent (ii) Inlet flow rate must be deter- stack diameters downstream from the mined using Method 2A of appendix A– highest peak flame or any other flow 1 of this part. Record the start and stop disturbance, and a minimum of one reading for each 60-minute THC test. equivalent stack diameter upstream of Record the gas pressure and tempera- the exit or any other flow disturbance. ture at 5-minute intervals throughout A minimum of two sample ports must each 60-minute test. be used. (5) Inlet gas sampling must be con- (B) Flow rate must be measured ducted as specified in paragraphs using Method 1 of appendix A–1 of this (d)(5)(i) and (ii) of this section. part for determining flow measurement (i) At the inlet gas sampling location, traverse point location, and Method 2 securely connect a Silonite-coated of appendix A–1 of this part for meas- stainless steel evacuated canister uring duct velocity. If low flow condi- fitted with a flow controller sufficient tions are encountered (i.e., velocity to fill the canister over a 3-hour period. pressure differentials less than 0.05 Filling must be conducted as specified inches of water) during the perform- in paragraphs (d)(5)(i)(A) through (C) of ance test, a more sensitive manometer this section. must be used to obtain an accurate (A) Open the canister sampling valve flow profile. at the beginning of each test run, and (ii) Molecular weight and excess air close the canister at the end of each must be determined as specified in test run. paragraph (d)(7) of this section. (B) Fill one canister across the three (iii) Carbon monoxide must be deter- test runs such that one composite fuel mined as specified in paragraph (d)(8) sample exists for each test condition. of this section. (C) Label the canisters individually (iv) THC must be determined as spec- and record sample information on a ified in paragraph (d)(9) of this section. chain of custody form. (v) Visible emissions must be deter- (ii) Analyze each inlet gas sample mined as specified in paragraph (d)(10) using the methods in paragraphs of this section. (d)(5)(ii)(A) through (C) of this section. (7) Molecular weight and excess air You must include the results in the determination must be performed as

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specified in paragraphs (d)(7)(i) through 10 (manual portion only) (incorporated (iii) of this section. by reference as specified in § 60.17). (i) An integrated bag sample must be (8) Carbon monoxide must be deter- collected during the moisture test re- mined using Method 10 of appendix A– quired by Method 4 of appendix A–3 of 4 of this part. Run the test simulta- this part following the procedure speci- neously with Method 25A of appendix fied in (d)(7)(i)(A) and (B) of this sec- A–7 of this part using the same sam- tion. Analyze the bag sample using a pling points. An instrument range of 0– gas chromatograph-thermal conduc- 10 parts per million by volume-dry tivity detector (GC–TCD) analysis (ppmvd) is recommended. meeting the criteria in paragraphs (9) Total hydrocarbon determination (d)(7)(i)(C) and (D) of this section. must be performed as specified by in (A) Collect the integrated sample paragraphs (d)(9)(i) through (vii) of this throughout the entire test, and collect section. representative volumes from each tra- (i) Conduct THC sampling using verse location. Method 25A of appendix A–7 of this (B) Purge the sampling line with part, except that the option for locat- stack gas before opening the valve and ing the probe in the center 10 percent beginning to fill the bag. Clearly label of the stack is not allowed. The THC each bag and record sample informa- probe must be traversed to 16.7 percent, tion on a chain of custody form. 50 percent, and 83.3 percent of the stack (C) The bag contents must be vigor- diameter during each test run. ously mixed prior to the gas chromatograph analysis. (ii) A valid test must consist of three Method 25A tests, each no less than 60 (D) The GC–TCD calibration procedure in Method 3C of appendix A–2 of minutes in duration. this part must be modified by using (iii) A 0–10 parts per million by vol- EPA Alt-045 as follows: For the initial ume-wet (ppmvw) (as propane) meas- calibration, triplicate injections of any urement range is preferred; as an alter- single concentration must agree within native a 0–30 ppmvw (as carbon) meas- 5 percent of their mean to be valid. The urement range may be used. calibration response factor for a single (iv) Calibration gases must be pro- concentration re-check must be within pane in air and be certified through 10 percent of the original calibration EPA Protocol 1—‘‘EPA Traceability response factor for that concentration. Protocol for Assay and Certification of If this criterion is not met, repeat the Gaseous Calibration Standards,’’ (in- initial calibration using at least three corporated by reference as specified in concentration levels. § 60.17). (ii) Calculate and report the molec- (v) THC measurements must be re- ular weight of oxygen, carbon dioxide, ported in terms of ppmvw as propane. methane and nitrogen in the integrated (vi) THC results must be corrected to bag sample and include in the test re- 3 percent CO2, as measured by Method port specified in paragraph (d)(12) of 3C of appendix A–2 of this part. You this section. Moisture must be deter- must use the following equation for mined using Method 4 of appendix A–3 this diluent concentration correction: of this part. Traverse both ports with the sampling train required by Method 4 of appendix A–3 of this part during each test run. Ambient air must not be introduced into the integrated bag Where: sample required by Method 3C of ap- Cmeas = The measured concentration of the pendix A–2 of this part during the port pollutant. change. CO2meas = The measured concentration of the (iii) Excess air must be determined CO2 diluent. using resultant data from the EPA 3 = The corrected reference concentration of Method 3C tests and EPA Method 3B of CO2 diluent. appendix A–2 of this part, equation 3B– Ccorr = The corrected concentration of the 1, or ANSI/ASME PTC 19.10–1981, Part pollutant.

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(vii) Subtraction of methane or eth- (d)(12)(i) through (vi) of this section in ane from the THC data is not allowed the test report required by this section in determining results. in accordance with § 60.5420a(b)(10). (10) Visible emissions must be deter- Owners or operators who claim that mined using Method 22 of appendix A– any of the performance test informa- 7 of this part. The test must be per- tion being submitted is confidential formed continuously during each test business information (CBI) must sub- run. A digital color photograph of the mit a complete file including informa- exhaust point, taken from the position tion claimed to be CBI, on a compact of the observer and annotated with disc, flash drive, or other commonly date and time, must be taken once per used electronic storage media to the test run and the 12 photos included in EPA. The electronic media must be the test report specified in paragraph clearly marked as CBI and mailed to (d)(12) of this section. Attn: CBI Document Control Officer; (11) Performance test criteria. (i) The Office of Air Quality Planning and control device model tested must meet Standards (OAQPS) CBIO Room 521; 109 the criteria in paragraphs (d)(11)(i)(A) T.W. Alexander Drive; RTP, NC 27711. through (D) of this section. These cri- The same file with the CBI omitted teria must be reported in the test re- must be submitted to port required by paragraph (d)(12) of [email protected]. this section. (i) A full schematic of the control de- (A) Results from Method 22 of appen- vice and dimensions of the device com- dix A–7 of this part determined under ponents. paragraph (d)(10) of this section with (ii) The maximum net heating value no indication of visible emissions. of the device. (B) Average results from Method 25A (iii) The test fuel gas flow range (in of appendix A–7 of this part determined both mass and volume). Include the under paragraph (d)(9) of this section maximum allowable inlet gas flow equal to or less than 10.0 ppmvw THC rate. as propane corrected to 3.0 percent CO2. (iv) The air/stream injection/assist (C) Average CO emissions determined ranges, if used. under paragraph (d)(8) of this section (v) The test conditions listed in para- equal to or less than 10 parts ppmvd, graphs (d)(12)(v)(A) through (O) of this corrected to 3.0 percent CO2. section, as applicable for the tested (D) Excess air determined under model. paragraph (d)(7) of this section equal to (A) Fuel gas delivery pressure and or greater than 150 percent. temperature. (ii) The manufacturer must deter- (B) Fuel gas moisture range. mine a maximum inlet gas flow rate (C) Purge gas usage range. which must not be exceeded for each (D) Condensate (liquid fuel) separa- control device model to achieve the tion range. criteria in paragraph (d)(11)(iii) of this (E) Combustion zone temperature section. The maximum inlet gas flow range. This is required for all devices rate must be included in the test report that measure this parameter. required by paragraph (d)(12) of this (F) Excess air range. section. (G) Flame arrestor(s). (iii) A manufacturer must dem- (H) Burner manifold. onstrate a destruction efficiency of at (I) Pilot flame indicator. least 95 percent for THC, as propane. A (J) Pilot flame design fuel and cal- control device model that dem- culated or measured fuel usage. onstrates a destruction efficiency of 95 (K) Tip velocity range. percent for THC, as propane, will meet (L) Momentum flux ratio. the control requirement for 95 percent (M) Exit temperature range. destruction of VOC and methane (if ap- (N) Exit flow rate. plicable) required under this subpart. (O) Wind velocity and direction. (12) The owner or operator of a com- (vi) The test report must include all bustion control device model tested calibration quality assurance/quality under this paragraph must submit the control data, calibration gas values, information listed in paragraphs gas cylinder certification, strip charts,

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or other graphic presentations of the quired by this section shall be sub- data annotated with test times and mitted via email to calibration values. [email protected] un- (e) Continuous compliance for combus- less the test results for that model of tion control devices tested by the manu- combustion control device are posted facturer in accordance with paragraph (d) at the following Web site: epa.gov/ of this section. This paragraph (e) ap- airquality/oilandgas/. plies to the demonstration of compli- (7) Ensure that each enclosed com- ance for a combustion control device bustion control device is maintained in tested under the provisions in para- a leak free condition. graph (d) of this section. Owners or op- (8) Operate each control device fol- erators must demonstrate that a con- lowing the manufacturer’s written op- trol device achieves the performance erating instructions, procedures and criteria in paragraph (d)(11) of this sec- maintenance schedule to ensure good tion by installing a device tested under air pollution control practices for paragraph (d) of this section, com- minimizing emissions. plying with the criteria specified in paragraphs (e)(1) through (8) of this § 60.5415a How do I demonstrate con- section, maintaining the records speci- tinuous compliance with the stand- fied in § 60.5420a(c)(2) or (c)(5)(vi) and ards for my well, centrifugal com- submitting the report specified in pressor, reciprocating compressor, pneumatic controller, pneumatic § 60.5420a(b)(10). pump, storage vessel, collection of (1) The inlet gas flow rate must be fugitive emissions components at a equal to or less than the maximum well site, and collection of fugitive specified by the manufacturer. emissions components at a com- (2) A pilot flame must be present at pressor station affected facilities, all times of operation. and affected facilities at onshore (3) Devices must be operated with no natural gas processing plants? visible emissions, except for periods (a) For each well affected facility, not to exceed a total of 1 minute dur- you must demonstrate continuous ing any 15-minute period. A visible compliance by submitting the reports emissions test conducted according to required by § 60.5420a(b)(1) and (2) and section 11 of EPA Method 22 of appen- maintaining the records for each com- dix A–7 of this part must be performed pletion operation specified in at least once every calendar month, § 60.5420a(c)(1). separated by at least 15 days between (b) For each centrifugal compressor each test. The observation period shall affected facility and each pneumatic be 15 minutes. pump affected facility, you must dem- (4) Devices failing the visible emis- onstrate continuous compliance ac- sions test must follow manufacturer’s cording to paragraph (b)(3) of this sec- repair instructions, if available, or best tion except as provided in paragraph combustion engineering practice as (b)(4) of this section. For each cen- outlined in the unit inspection and trifugal compressor affected facility, maintenance plan, to return the unit you also must demonstrate continuous to compliant operation. All repairs and compliance according to paragraphs maintenance activities for each unit (b)(1) and (2) of this section. must be recorded in a maintenance and (1) You must reduce methane and repair log and must be available for in- VOC emissions from the wet seal fluid spection. degassing system by 95.0 percent or (5) Following return to operation greater. from maintenance or repair activity, (2) For each control device used to re- each device must pass a visual observa- duce emissions, you must demonstrate tion according to EPA Method 22 of ap- continuous compliance with the per- pendix A–7 of this part as described in formance requirements of § 60.5412a(a) paragraph (e)(3) of this section. using the procedures specified in para- (6) If the owner or operator operates graphs (b)(2)(i) through (vii) of this sec- a combustion control device model tion. If you use a condenser as the con- tested under this section, an electronic trol device to achieve the requirements copy of the performance test results re- specified in § 60.5412a(a)(2), you may

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demonstrate compliance according to tem malfunctions and to return the paragraph (b)(2)(viii) of this section. monitoring system to operation as ex- You may switch between compliance peditiously as practicable. with paragraphs (b)(2)(i) through (vii) (v) You may not use data recorded of this section and compliance with during monitoring system malfunc- paragraph (b)(2)(viii) of this section tions, repairs associated with moni- only after at least 1 year of operation toring system malfunctions, or re- in compliance with the selected ap- quired monitoring system quality as- proach. You must provide notification surance or control activities in cal- of such a change in the compliance culations used to report emissions or method in the next annual report, fol- operating levels. You must use all the lowing the change. data collected during all other required (i) You must operate below (or above) data collection periods to assess the the site specific maximum (or min- operation of the control device and as- imum) parameter value established ac- sociated control system. cording to the requirements of (vi) Failure to collect required data § 60.5417a(f)(1). is a deviation of the monitoring re- (ii) You must calculate the daily av- quirements, except for periods of moni- erage of the applicable monitored pa- toring system malfunctions, repairs as- rameter in accordance with § 60.5417a(e) sociated with monitoring system mal- except that the inlet gas flow rate to functions and required quality moni- the control device must not be aver- toring system quality assurance or aged. quality control activities (including, as (iii) Compliance with the operating applicable, system accuracy audits and parameter limit is achieved when the required zero and span adjustments). daily average of the monitoring param- (vii) If you use a combustion control eter value calculated under paragraph device to meet the requirements of (b)(2)(ii) of this section is either equal § 60.5412a(a)(1) and you demonstrate to or greater than the minimum moni- compliance using the test procedures toring value or equal to or less than the maximum monitoring value estab- specified in § 60.5413a(b), or you use a lished under paragraph (b)(2)(i) of this flare designed and operated in accord- section. When performance testing of a ance with § 60.18(b), you must comply combustion control device is conducted with paragraphs (b)(2)(vii)(A) through by the device manufacturer as specified (D) of this section. in § 60.5413a(d), compliance with the op- (A) A pilot flame must be present at erating parameter limit is achieved all times of operation. when the criteria in § 60.5413a(e) are (B) Devices must be operated with no met. visible emissions, except for periods (iv) You must operate the continuous not to exceed a total of 1 minute dur- monitoring system required in ing any 15-minute period. A visible § 60.5417a(a) at all times the affected emissions test conducted according to source is operating, except for periods section 11 of EPA Method 22, 40 CFR of monitoring system malfunctions, re- part 60, appendix A, must be performed pairs associated with monitoring sys- at least once every calendar month, tem malfunctions and required moni- separated by at least 15 days between toring system quality assurance or each test. The observation period shall quality control activities (including, as be 15 minutes. applicable, system accuracy audits and (C) Devices failing the visible emis- required zero and span adjustments). A sions test must follow manufacturer’s monitoring system malfunction is any repair instructions, if available, or best sudden, infrequent, not reasonably pre- combustion engineering practice as ventable failure of the monitoring sys- outlined in the unit inspection and tem to provide valid data. Monitoring maintenance plan, to return the unit system failures that are caused in part to compliant operation. All repairs and by poor maintenance or careless oper- maintenance activities for each unit ation are not malfunctions. You are re- must be recorded in a maintenance and quired to complete monitoring system repair log and must be available for in- repairs in response to monitoring sys- spection.

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(D) Following return to operation duction is equal to or greater than 95.0 from maintenance or repair activity, percent. each device must pass a Method 22 of (E) If you have data for 365 days or appendix A–7 of this part visual obser- more of operation, you have dem- vation as described in paragraph onstrated compliance with the TOC (b)(2)(vii)(B) of this section. emission reduction if the rolling 365- (viii) If you use a condenser as the day average TOC emission reduction control device to achieve the percent calculated in paragraph (b)(2)(viii)(D) reduction performance requirements of this section is equal to or greater specified in § 60.5412a(a)(2), you must than 95.0 percent. demonstrate compliance using the pro- (3) You must submit the annual re- cedures in paragraphs (b)(2)(viii)(A) ports required by 60.5420a(b)(1) and (3) through (E) of this section. and maintain the records as specified (A) You must establish a site-specific in § 60.5420a(c)(2), (6) through (11), and condenser performance curve according (17), as applicable. to § 60.5417a(f)(2). (4) Pneumatic pump affected facili- (B) You must calculate the daily av- ties at a well site are not subject to the erage condenser outlet temperature in requirements of paragraphs (b)(3) of accordance with § 60.5417a(e). this section from June 2, 2017, until Au- (C) You must determine the con- gust 31, 2017. denser efficiency for the current oper- (c) For each reciprocating com- ating day using the daily average con- pressor affected facility complying denser outlet temperature calculated with § 60.5385a(a)(1) or (2), you must under paragraph (b)(2)(viii)(B) of this demonstrate continuous compliance section and the condenser performance according to paragraphs (c)(1) through curve established under paragraph (3) of this section. For each recipro- (b)(2)(viii)(A) of this section. cating compressor affected facility (D) Except as provided in paragraphs complying with § 60.5385a(a)(3), you (b)(2)(viii)(D)(1) and (2) of this section, must demonstrate continuous compli- at the end of each operating day, you ance according to paragraph (c)(4) of must calculate the 365-day rolling aver- this section. age TOC emission reduction, as appro- (1) You must continuously monitor priate, from the condenser efficiencies the number of hours of operation for as determined in paragraph each reciprocating compressor affected (b)(2)(viii)(C) of this section. facility or track the number of months (1) After the compliance dates speci- since initial startup or the date of the fied in § 60.5370a(a), if you have less most recent reciprocating compressor than 120 days of data for determining rod packing replacement, whichever is average TOC emission reduction, you later. must calculate the average TOC emis- (2) You must submit the annual re- sion reduction for the first 120 days of ports as required in § 60.5420a(b)(1) and operation after the compliance date. (4) and maintain records as required in You have demonstrated compliance § 60.5420a(c)(3). with the overall 95.0 percent reduction (3) You must replace the recipro- requirement if the 120-day average TOC cating compressor rod packing on or emission reduction is equal to or great- before the total number of hours of oper than 95.0 percent. eration reaches 26,000 hours or the (2) After 120 days and no more than number of months since the most re- 364 days of operation after the compli- cent rod packing replacement reaches ance date specified in § 60.5370a(a), you 36 months. must calculate the average TOC emis- (4) You must operate the rod packing sion reduction as the TOC emission re- emissions collection system under neg- duction averaged over the number of ative pressure and continuously com- days between the current day and the ply with the cover and closed vent re- applicable compliance date. You have quirements in § 60.5416a(a) and (b). demonstrated compliance with the (d) For each pneumatic controller af- overall 95.0 percent reduction require- fected facility, you must demonstrate ment if the average TOC emission re- continuous compliance according to

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paragraphs (d)(1) through (3) of this ciency (R) achieved by the sulfur recov- section. ery technology. (1) You must continuously operate (i) If R ≥ Zc, your affected facility is the pneumatic controllers as required in compliance. in § 60.5390a(a), (b), or (c). (ii) If R < Zc, your affected facility is (2) You must submit the annual re- not in compliance. ports as required in § 60.5420a(b)(1) and (2) The emission reduction efficiency (5). (R) achieved by the sulfur reduction (3) You must maintain records as re- technology must be determined using quired in § 60.5420a(c)(4). the procedures in § 60.5406a(c)(1). (h) For each collection of fugitive (e) You must demonstrate continuous emissions components at a well site compliance according to paragraph and each collection of fugitive emis- (e)(3) of this section for each storage sions components at a compressor sta- vessel affected facility, for which you tion, you must demonstrate continuous are using a control device or routing compliance with the fugitive emission emissions to a process to meet the re- standards specified in § 60.5397a accord- quirement of § 60.5395a(a)(2). ing to paragraphs (h)(1) through (4) of (1)–(2) [Reserved] this section. (3) For each storage vessel affected (1) You must conduct periodic moni- facility, you must comply with para- toring surveys as required in graphs (e)(3)(i) and (ii) of this section. § 60.5397a(g). (i) You must reduce VOC emissions (2) You must repair or replace each as specified in § 60.5395a(a)(2). identified source of fugitive emissions (ii) For each control device installed as required in § 60.5397a(h). to meet the requirements of (3) You must maintain records as § 60.5395a(a)(2), you must demonstrate specified in § 60.5420a(c)(15). continuous compliance with the per- (4) You must submit annual reports formance requirements of § 60.5412a(d) for collection of fugitive emissions for each storage vessel affected facility components at a well site and each col- using the procedure specified in para- lection of fugitive emissions compo- graph (e)(3)(ii)(A) and either nents at a compressor station as re- (e)(3)(ii)(B) or (e)(3)(ii)(C) of this sec- quired in § 60.5420a(b)(1) and (7). tion. [81 FR 35898, June 3, 2016, as amended at 82 (A) You must comply with FR 25733, June 5, 2017] § 60.5416a(c) for each cover and closed vent system. § 60.5416a What are the initial and (B) You must comply with continuous cover and closed vent § 60.5417a(h) for each control device. system inspection and monitoring requirements for my centrifugal (C) Each closed vent system that compressor, reciprocating com- routes emissions to a process must be pressor, pneumatic pump, and stor- operated as specified in § 60.5411a(c)(2) age vessel affected facilities? and (3). For each closed vent system or cover (f) For affected facilities at onshore at your storage vessel, centrifugal natural gas processing plants, contin- compressor, reciprocating compressor uous compliance with methane and and pneumatic pump affected facilities, VOC requirements is demonstrated if you must comply with the applicable you are in compliance with the require- requirements of paragraphs (a) through ments of § 60.5400a. (c) of this section, except as provided in (g) For each sweetening unit affected paragraph (d) of this section. facility at onshore natural gas proc- (a) Inspections for closed vent sys- essing plants, you must demonstrate tems and covers installed on each cen- continuous compliance with the stand- trifugal compressor, reciprocating ards for SO2 specified in § 60.5405a(b) ac- compressor or pneumatic pump af- cording to paragraphs (g)(1) and (2) of fected facility. Except as provided in this section. paragraphs (b)(11) and (12) of this sec- (1) The minimum required SO2 emis- tion, you must inspect each closed vent sion reduction efficiency (Zc) is com- system according to the procedures and pared to the emission reduction effi- schedule specified in paragraphs (a)(1)

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and (2) of this section, inspect each detectable emissions. You must main- cover according to the procedures and tain records of the inspection results as schedule specified in paragraph (a)(3) of specified in § 60.5420a(c)(6). this section, and inspect each bypass (iii) Conduct annual visual inspec- device according to the procedures of tions for defects that could result in paragraph (a)(4) of this section. air emissions. Defects include, but are (1) For each closed vent system joint, not limited to, visible cracks, holes, or seam, or other connection that is per- gaps in ductwork; loose connections; manently or semi-permanently sealed liquid leaks; or broken or missing caps (e.g., a welded joint between two sec- or other closure devices. You must tions of hard piping or a bolted and maintain records of the inspection re- gasketed ducting flange), you must sults as specified in § 60.5420a(c)(6). meet the requirements specified in (3) For each cover, you must meet paragraphs (a)(1)(i) and (ii) of this sec- the requirements in paragraphs (a)(3)(i) tion. and (ii) of this section. (i) Conduct an initial inspection ac- (i) Conduct visual inspections for de- cording to the test methods and proce- fects that could result in air emissions. dures specified in paragraph (b) of this Defects include, but are not limited to, section to demonstrate that the closed visible cracks, holes, or gaps in the vent system operates with no detect- cover, or between the cover and the able emissions. You must maintain separator wall; broken, cracked, or records of the inspection results as otherwise damaged seals or gaskets on specified in § 60.5420a(c)(6). closure devices; and broken or missing (ii) Conduct annual visual inspec- hatches, access covers, caps, or other tions for defects that could result in closure devices. In the case where the air emissions. Defects include, but are storage vessel is buried partially or en- not limited to, visible cracks, holes, or tirely underground, you must inspect gaps in piping; loose connections; liq- only those portions of the cover that uid leaks; or broken or missing caps or extend to or above the ground surface, other closure devices. You must mon- and those connections that are on such itor a component or connection using portions of the cover (e.g., fill ports, ac- the test methods and procedures in cess hatches, gauge wells, etc.) and can paragraph (b) of this section to dem- be opened to the atmosphere. onstrate that it operates with no de- (ii) You must initially conduct the tectable emissions following any time inspections specified in paragraph the component is repaired or replaced (a)(3)(i) of this section following the in- or the connection is unsealed. You stallation of the cover. Thereafter, you must maintain records of the inspec- must perform the inspection at least tion results as specified in once every calendar year, except as § 60.5420a(c)(6). provided in paragraphs (b)(11) and (12) (2) For closed vent system compo- of this section. You must maintain nents other than those specified in records of the inspection results as paragraph (a)(1) of this section, you specified in § 60.5420a(c)(7). must meet the requirements of para- (4) For each bypass device, except as graphs (a)(2)(i) through (iii) of this sec- provided for in § 60.5411a(c)(3)(ii), you tion. must meet the requirements of para- (i) Conduct an initial inspection ac- graphs (a)(4)(i) or (ii) of this section. cording to the test methods and proce- (i) Set the flow indicator to take a dures specified in paragraph (b) of this reading at least once every 15 minutes section to demonstrate that the closed at the inlet to the bypass device that vent system operates with no detect- could divert the steam away from the able emissions. You must maintain control device to the atmosphere. records of the inspection results as (ii) If the bypass device valve in- specified in § 60.5420a(c)(6). stalled at the inlet to the bypass device (ii) Conduct annual inspections acis secured in the non-diverting position cording to the test methods and proce- using a car-seal or a lock-and-key type dures specified in paragraph (b) of this configuration, visually inspect the seal section to demonstrate that the com- or closure mechanism at least once ponents or connections operate with no every month to verify that the valve is

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maintained in the non-diverting posi- Method 21 must be for the average tion and the vent stream is not di- composition of the process fluid, not verted through the bypass device. You each individual volatile organic com- must maintain records of the inspec- pound in the stream. For process tions according to § 60.5420a(c)(8). streams that contain nitrogen, air, or (b) No detectable emissions test other inerts that are not organic haz- methods and procedures. If you are re- ardous air pollutants or volatile or- quired to conduct an inspection of a ganic compounds, you must calculate closed vent system or cover at your the average stream response factor on centrifugal compressor, reciprocating an inert-free basis. compressor, or pneumatic pump af- (ii) If no instrument is available that fected facility as specified in para- will meet the performance criteria graphs (a)(1), (2), or (3) of this section, specified in paragraph (b)(6)(i) of this you must meet the requirements of section, you may adjust the instru- paragraphs (b)(1) through (13) of this ment readings by multiplying by the section. average response factor of the process (1) You must conduct the no detect- fluid, calculated on an inert-free basis, able emissions test procedure in ac- as described in paragraph (b)(6)(i) of cordance with Method 21 of appendix this section. A–7 of this part. (7) You must determine if a potential (2) The detection instrument must leak interface operates with no detect- meet the performance criteria of Meth- able emissions using the applicable od 21 of appendix A–7 of this part, ex- procedure specified in paragraph cept that the instrument response fac- (b)(7)(i) or (ii) of this section. tor criteria in section 8.1.1 of Method 21 (i) If you choose not to adjust the de- must be for the average composition of tection instrument readings for the the fluid and not for each individual or- background organic concentration ganic compound in the stream. level, then you must directly compare (3) You must calibrate the detection the maximum organic concentration instrument before use on each day of value measured by the detection in- its use by the procedures specified in strument to the applicable value for Method 21 of appendix A–7 of this part. the potential leak interface as speci- (4) Calibration gases must be as spec- fied in paragraph (b)(8) of this section. ified in paragraphs (b)(4)(i) and (ii) of (ii) If you choose to adjust the detec- this section. tion instrument readings for the back- (i) Zero air (less than 10 parts per ground organic concentration level, million by volume hydrocarbon in air). you must compare the value of the (ii) A mixture of methane in air at a arithmetic difference between the max- concentration less than 10,000 parts per imum organic concentration value million by volume. measured by the instrument and the (5) You may choose to adjust or not background organic concentration adjust the detection instrument read- value as determined in paragraph (b)(5) ings to account for the background or- of this section with the applicable ganic concentration level. If you value for the potential leak interface choose to adjust the instrument read- as specified in paragraph (b)(8) of this ings for the background level, you section. must determine the background level (8) A potential leak interface is de- value according to the procedures in termined to operate with no detectable Method 21 of appendix A–7 of this part. organic emissions if the organic con- (6) Your detection instrument must centration value determined in para- meet the performance criteria specified graph (b)(7) of this section is less than in paragraphs (b)(6)(i) and (ii) of this 500 parts per million by volume. section. (9) Repairs. In the event that a leak (i) Except as provided in paragraph or defect is detected, you must repair (b)(6)(ii) of this section, the detection the leak or defect as soon as prac- instrument must meet the performance ticable according to the requirements criteria of Method 21 of appendix A–7 of of paragraphs (b)(9)(i) and (ii) of this this part, except the instrument re- section, except as provided in para- sponse factor criteria in section 8.1.1 of graph (b)(10) of this section.

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(i) A first attempt at repair must be spect each closed vent system accord- made no later than 5 calendar days ing to the procedures and schedule after the leak is detected. specified in paragraphs (c)(1) of this (ii) Repair must be completed no section, inspect each cover according later than 15 calendar days after the to the procedures and schedule speci- leak is detected. fied in paragraph (c)(2) of this section, (10) Delay of repair. Delay of repair of and inspect each bypass device accord- a closed vent system or cover for which ing to the procedures of paragraph leaks or defects have been detected is (c)(3) of this section. You must also allowed if the repair is technically in- comply with the requirements of (c)(4) feasible without a shutdown, or if you through (7) of this section. determine that emissions resulting (1) For each closed vent system, you from immediate repair would be great- must conduct an inspection at least er than the fugitive emissions likely to once every calendar month as specified result from delay of repair. You must in paragraphs (c)(1)(i) through (iii) of complete repair of such equipment by this section. the end of the next shutdown. (i) You must maintain records of the (11) Unsafe to inspect requirements. inspection results as specified in You may designate any parts of the § 60.5420a(c)(6). closed vent system or cover as unsafe (ii) Conduct olfactory, visual and au- to inspect if the requirements in para- ditory inspections for defects that graphs (b)(11)(i) and (ii) of this section could result in air emissions. Defects are met. Unsafe to inspect parts are ex- include, but are not limited to, visible empt from the inspection requirements cracks, holes, or gaps in piping; loose of paragraphs (a)(1) through (3) of this connections; liquid leaks; or broken or section. missing caps or other closure devices. (i) You determine that the equipment is unsafe to inspect because inspecting (iii) Monthly inspections must be personnel would be exposed to an im- separated by at least 14 calendar days. minent or potential danger as a con- (2) For each cover, you must conduct sequence of complying with paragraphs inspections at least once every cal- (a)(1), (2), or (3) of this section. endar month as specified in paragraphs (ii) You have a written plan that re- (c)(2)(i) through (iii) of this section. quires inspection of the equipment as (i) You must maintain records of the frequently as practicable during safe- inspection results as specified in to-inspect times. § 60.5420a(c)(7). (12) Difficult to inspect requirements. (ii) Conduct olfactory, visual and au- You may designate any parts of the ditory inspections for defects that closed vent system or cover as difficult could result in air emissions. Defects to inspect, if the requirements in para- include, but are not limited to, visible graphs (b)(12)(i) and (ii) of this section cracks, holes, or gaps in the cover, or are met. Difficult to inspect parts are between the cover and the separator exempt from the inspection require- wall; broken, cracked, or otherwise ments of paragraphs (a)(1) through (3) damaged seals or gaskets on closure de- of this section. vices; and broken or missing hatches, (i) You determine that the equipment access covers, caps, or other closure de- cannot be inspected without elevating vices. In the case where the storage the inspecting personnel more than 2 vessel is buried partially or entirely meters above a support surface. underground, you must inspect only (ii) You have a written plan that re- those portions of the cover that extend quires inspection of the equipment at to or above the ground surface, and least once every 5 years. those connections that are on such por- (13) Records. Records shall be main- tions of the cover (e.g., fill ports, ac- tained as specified in this section and cess hatches, gauge wells, etc.) and can in § 60.5420a(c)(9). be opened to the atmosphere. (c) Cover and closed vent system inspec- (iii) Monthly inspections must be tions for storage vessel affected facilities. separated by at least 14 calendar days. If you install a control device or route (3) For each bypass device, except as emissions to a process, you must in- provided for in § 60.5411a(c)(3)(ii), you

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must meet the requirements of para- (6) Unsafe to inspect requirements. You graphs (c)(3)(i) or (ii) of this section. may designate any parts of the closed (i) You must properly install, cali- vent system or cover as unsafe to in- brate and maintain a flow indicator at spect if the requirements in paragraphs the inlet to the bypass device that (c)(6)(i) and (ii) of this section are met. could divert the stream away from the Unsafe to inspect parts are exempt control device or process to the atmos- from the inspection requirements of phere. Set the flow indicator to trigger paragraphs (c)(1) and (2) of this section. an audible alarm, or initiate notifica- (i) You determine that the equipment tion via remote alarm to the nearest is unsafe to inspect because inspecting field office, when the bypass device is personnel would be exposed to an im- open such that the stream is being, or minent or potential danger as a con- could be, diverted away from the consequence of complying with paragraphs trol device or process to the atmos- (c)(1) or (2) of this section. phere. You must maintain records of (ii) You have a written plan that re- each time the alarm is sounded accord- quires inspection of the equipment as ing to § 60.5420a(c)(8). frequently as practicable during safe- (ii) If the bypass device valve in- to-inspect times. stalled at the inlet to the bypass device (7) Difficult to inspect requirements. is secured in the non-diverting position You may designate any parts of the using a car-seal or a lock-and-key type closed vent system or cover as difficult configuration, visually inspect the seal to inspect, if the requirements in para- or closure mechanism at least once graphs (c)(7)(i) and (ii) of this section every month to verify that the valve is are met. Difficult to inspect parts are maintained in the non-diverting posi- exempt from the inspection require- tion and the vent stream is not di- ments of paragraphs (c)(1) and (2) of verted through the bypass device. You this section. must maintain records of the inspec- (i) You determine that the equipment tions and records of each time the key cannot be inspected without elevating is checked out, if applicable, according the inspecting personnel more than 2 to § 60.5420a(c)(8). meters above a support surface. (4) Repairs. In the event that a leak (ii) You have a written plan that re- or defect is detected, you must repair quires inspection of the equipment at the leak or defect as soon as prac- least once every 5 years. ticable according to the requirements (d) Pneumatic pump affected facili- of paragraphs (c)(4)(i) through (iii) of ties at a well site are not subject to the this section, except as provided in requirements of paragraphs (a) and (b) paragraph (c)(5) of this section. of this section from June 2, 2017, until (i) A first attempt at repair must be August 31, 2017. made no later than 5 calendar days [81 FR 35898, June 3, 2016, as amended at 82 after the leak is detected. FR 25733, June 5, 2017] (ii) Repair must be completed no later than 30 calendar days after the § 60.5417a What are the continuous leak is detected. control device monitoring require- (iii) Grease or another applicable ments for my centrifugal com- substance must be applied to deterio- pressor and storage vessel affected rating or cracked gaskets to improve facilities? the seal while awaiting repair. You must meet the applicable re- (5) Delay of repair. Delay of repair of quirements of this section to dem- a closed vent system or cover for which onstrate continuous compliance for leaks or defects have been detected is each control device used to meet emis- allowed if the repair is technically in- sion standards for your storage vessel feasible without a shutdown, or if you or centrifugal compressor affected fa- determine that emissions resulting cility. from immediate repair would be great- (a) For each control device used to er than the fugitive emissions likely to comply with the emission reduction result from delay of repair. You must standard for centrifugal compressor af- complete repair of such equipment by fected facilities in § 60.5380a(a)(1), you the end of the next shutdown. must install and operate a continuous

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parameter monitoring system for each indicate the continuous ignition of a control device as specified in para- pilot flame are exempt from the cali- graphs (c) through (g) of this section, bration, quality assurance and quality except as provided for in paragraph (b) control requirements in this section. of this section. If you install and oper- (i) The performance criteria and de- ate a flare in accordance with sign specifications for the monitoring § 60.5412a(a)(3), you are exempt from the system equipment, including the sam- requirements of paragraphs (e) and (f) ple interface, detector signal analyzer, of this section. If you install and oper- and data acquisition and calculations. ate an enclosed combustion device (ii) Sampling interface (e.g., thermo- which is not specifically listed in para- couple) location such that the moni- graph (d) of this section, you must toring system will provide representa- demonstrate continuous compliance tive measurements. according to paragraphs (h)(1) through (iii) Equipment performance checks, (h)(4) of this section. system accuracy audits, or other audit (b) You are exempt from the moni- procedures. toring requirements specified in para- (iv) Ongoing operation and mainte- graphs (c) through (g) of this section nance procedures in accordance with for the control devices listed in para- provisions in § 60.13(b). graphs (b)(1) and (2) of this section. (v) Ongoing reporting and record- (1) A boiler or process heater in keeping procedures in accordance with which all vent streams are introduced provisions in § 60.7(c), (d), and (f). with the primary fuel or are used as (3) You must conduct the continuous the primary fuel. parameter monitoring system equip- (2) A boiler or process heater with a ment performance checks, system ac- design heat input capacity equal to or curacy audits, or other audit proce- greater than 44 megawatts. dures specified in the site-specific mon- (c) If you are required to install a itoring plan at least once every 12 continuous parameter monitoring sys- months. tem, you must meet the specifications (4) You must conduct a performance and requirements in paragraphs (c)(1) evaluation of each continuous param- through (4) of this section. eter monitoring system in accordance (1) Each continuous parameter moni- with the site-specific monitoring plan. toring system must measure data val- Heat sensing monitoring devices that ues at least once every hour and record indicate the continuous ignition a pilot the parameters in paragraphs (c)(1)(i) flame are exempt from the calibration, or (ii) of this section. quality assurance and quality control (i) Each measured data value. requirements in this section. (ii) Each block average value for each (d) You must install, calibrate, oper- 1-hour period or shorter periods cal- ate, and maintain a device equipped culated from all measured data values with a continuous recorder to measure during each period. If values are meas- the values of operating parameters ap- ured more frequently than once per propriate for the control device as minute, a single value for each minute specified in paragraph (d)(1), (2), or (3) may be used to calculate the hourly (or of this section. shorter period) block average instead (1) A continuous monitoring system of all measured values. that measures the operating param- (2) You must prepare a site-specific eters in paragraphs (d)(1)(i) through monitoring plan that addresses the (viii) of this section, as applicable. monitoring system design, data collec- (i) For a thermal vapor incinerator tion, and the quality assurance and that demonstrates during the perform- quality control elements outlined in ance test conducted under § 60.5413a(b) paragraphs (c)(2)(i) through (v) of this that combustion zone temperature is section. You must install, calibrate, an accurate indicator of performance, a operate, and maintain each continuous temperature monitoring device parameter monitoring system in ac- equipped with a continuous recorder. cordance with the procedures in your The monitoring device must have a approved site-specific monitoring plan. minimum accuracy of ±1 percent of the Heat sensing monitoring devices that temperature being monitored in

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°Celsius, or ±2.5 °Celsius, whichever during each carbon bed regeneration value is greater. You must install the cycle. The flow sensor must have a temperature sensor at a location rep- measurement sensitivity of 5 percent of resentative of the combustion zone the flow rate or 10 cubic feet per temperature. minute, whichever is greater. You (ii) For a catalytic vapor incinerator, must check the mechanical connec- a temperature monitoring device tions for leakage at least every month, equipped with a continuous recorder. and you must perform a visual inspec- The device must be capable of moni- tion at least every 3 months of all com- toring temperature at two locations ponents of the flow continuous param- and have a minimum accuracy of ±1 eter monitoring system for physical percent of the temperature being mon- and operational integrity and all elec- itored in °Celsius, or ±2.5 °Celsius, trical connections for oxidation and whichever value is greater. You must galvanic corrosion if your flow contin- install one temperature sensor in the uous parameter monitoring system is vent stream at the nearest feasible not equipped with a redundant flow point to the catalyst bed inlet, and you sensor; and must install a second temperature sen- (B) The continuous parameter moni- sor in the vent stream at the nearest toring system must measure and feasible point to the catalyst bed out- record the average carbon bed tempera- let. ture for the duration of the carbon bed (iii) For a flare, a heat sensing moni- steaming cycle and measure the actual toring device equipped with a contin- carbon bed temperature after regenera- uous recorder that indicates the con- tion and within 15 minutes of com- tinuous ignition of the pilot flame. The pleting the cooling cycle. The tempera- heat sensing monitoring device is ex- ture monitoring device must have a empt from the calibration require- minimum accuracy of ±1 percent of the ments of this section. temperature being monitored in (iv) For a boiler or process heater, a °Celsius, or ±2.5 °Celsius, whichever temperature monitoring device value is greater. equipped with a continuous recorder. (vii) For a nonregenerative-type car- The temperature monitoring device must have a minimum accuracy of ±1 bon adsorption system, you must mon- percent of the temperature being monitor the design carbon replacement in- itored in °Celsius, or ±2.5 °Celsius, terval established using a design anal- whichever value is greater. You must ysis performed as specified in install the temperature sensor at a lo- § 60.5413a(c)(3). The design carbon re- cation representative of the combus- placement interval must be based on tion zone temperature. the total carbon working capacity of (v) For a condenser, a temperature the control device and source operating monitoring device equipped with a con- schedule. tinuous recorder. The temperature (viii) For a combustion control de- monitoring device must have a min- vice whose model is tested under imum accuracy of ±1 percent of the § 60.5413a(d), a continuous monitoring temperature being monitored in system meeting the requirements of °Celsius, or ±2.5 °Celsius, whichever paragraphs (d)(1)(viii)(A) and (B) of this value is greater. You must install the section. If you comply with the peri- temperature sensor at a location in the odic testing requirements of exhaust vent stream from the con- § 60.5413a(b)(5)(ii), you are not required denser. to continuously monitor the gas flow (vi) For a regenerative-type carbon rate under paragraph (d)(1)(viii)(A) of adsorption system, a continuous moni- this section. toring system that meets the specifica- (A) The continuous monitoring sys- tions in paragraphs (d)(1)(vi)(A) and (B) tem must measure gas flow rate at the of this section. inlet to the control device. The moni- (A) The continuous parameter monitoring instrument must have an accu- toring system must measure and racy of ±2 percent or better at the max- record the average total regeneration imum expected flow rate. The flow rate stream mass flow or volumetric flow at the inlet to the combustion device

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must not exceed the maximum flow paragraphs (f)(1)(i) through (iii) of this rate determined by the manufacturer. section. (B) A monitoring device that con- (i) If you conduct performance tests tinuously indicates the presence of the in accordance with the requirements of pilot flame while emissions are routed § 60.5413a(b) to demonstrate that the to the control device. control device achieves the applicable (2) An organic monitoring device performance requirements specified in equipped with a continuous recorder § 60.5412a(a)(1) or (2), then you must es- that measures the concentration level tablish the minimum operating param- of organic compounds in the exhaust eter value or the maximum operating vent stream from the control device. parameter value based on values meas- The monitor must meet the require- ured during the performance test and ments of Performance Specification 8 supplemented, as necessary, by a con- or 9 of appendix B of this part. You denser design analysis or control de- must install, calibrate, and maintain vice manufacturer recommendations or the monitor according to the manufacturer’s specifications. a combination of both. (3) A continuous monitoring system (ii) If you use a condenser design that measures operating parameters analysis in accordance with the re- other than those specified in paragraph quirements of § 60.5413a(c) to dem- (d)(1) or (2) of this section, upon ap- onstrate that the control device proval of the Administrator as speci- achieves the applicable performance re- fied in § 60.13(i). quirements specified in § 60.5412a(a)(2), (e) You must calculate the daily av- then you must establish the minimum erage value for each monitored oper- operating parameter value or the max- ating parameter for each operating imum operating parameter value based day, using the data recorded by the on the condenser design analysis and monitoring system, except for inlet gas supplemented, as necessary, by the flow rate and data from the heat sens- condenser manufacturer’s rec- ing devices that indicate the presence ommendations. of a pilot flame. If the emissions unit (iii) If you operate a control device operation is continuous, the operating where the performance test require- day is a 24-hour period. If the emissions ment was met under § 60.5413a(d) to unit operation is not continuous, the demonstrate that the control device operating day is the total number of achieves the applicable performance re- hours of control device operation per quirements specified in § 60.5412a(a)(1), 24-hour period. Valid data points must then your control device inlet gas flow be available for 75 percent of the oper- rate must not exceed the maximum ating hours in an operating day to inlet gas flow rate determined by the compute the daily average. manufacturer. (f) For each operating parameter (2) If you use a condenser as specified monitor installed in accordance with the requirements of paragraph (d) of in paragraph (d)(1)(v) of this section, this section, you must comply with you must establish a condenser per- paragraph (f)(1) of this section for all formance curve showing the relation- control devices. When condensers are ship between condenser outlet tem- installed, you must also comply with perature and condenser control effi- paragraph (f)(2) of this section. ciency, according to the requirements (1) You must establish a minimum of paragraphs (f)(2)(i) and (ii) of this operating parameter value or a max- section. imum operating parameter value, as (i) If you conduct a performance test appropriate for the control device, to in accordance with the requirements of define the conditions at which the con- § 60.5413a(b) to demonstrate that the trol device must be operated to con- condenser achieves the applicable per- tinuously achieve the applicable performance requirements in formance requirements of § 60.5412a(a)(2), then the condenser per- § 60.5412a(a)(1) or (2). You must estab- formance curve must be based on val- lish each minimum or maximum oper- ues measured during the performance ating parameter value as specified in test and supplemented as necessary by

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control device design analysis, or con- (5) If the closed vent system contains trol device manufacturer’s rec- one or more bypass devices that could ommendations, or a combination or be used to divert all or a portion of the both. gases, vapors, or fumes from entering (ii) If you use a control device design the control device, a deviation occurs analysis in accordance with the re- when the requirements of paragraph quirements of § 60.5413a(c)(1) to dem- (g)(5)(i) or (ii) of this section are met. onstrate that the condenser achieves (i) For each bypass line subject to the applicable performance require- § 60.5411a(a)(3)(i)(A), the flow indicator ments specified in § 60.5412a(a)(2), then indicates that flow has been detected the condenser performance curve must and that the stream has been diverted be based on the condenser design anal- away from the control device to the at- ysis and supplemented, as necessary, mosphere. by the control device manufacturer’s (ii) For each bypass line subject to recommendations. § 60.5411a(a)(3)(i)(B), if the seal or clo- (g) A deviation for a given control de- sure mechanism has been broken, the vice is determined to have occurred bypass line valve position has changed, when the monitoring data or lack of the key for the lock-and-key type lock monitoring data result in any one of has been checked out, or the car-seal the criteria specified in paragraphs has broken. (g)(1) through (6) of this section being (6) For a combustion control device met. If you monitor multiple operating whose model is tested under parameters for the same control device § 60.5413a(d), a deviation occurs when during the same operating day and the conditions of paragraphs (g)(6)(i) or more than one of these operating pa- (ii) of this section are met. rameters meets a deviation criterion (i) The inlet gas flow rate exceeds the specified in paragraphs (g)(1) through maximum established during the test (6) of this section, then a single excur- conducted under § 60.5413a(d). sion is determined to have occurred for (ii) Failure of the monthly visible the control device for that operating emissions test conducted under day. § 60.5413a(e)(3) occurs. (1) A deviation occurs when the daily (h) For each control device used to average value of a monitored operating comply with the emission reduction parameter is less than the minimum standard in § 60.5395a(a)(2) for your operating parameter limit (or, if appli- storage vessel affected facility, you cable, greater than the maximum oper- must demonstrate continuous compli- ating parameter limit) established in ance according to paragraphs (h)(1) paragraph (f)(1) of this section or when through (h)(4) of this section. You are the heat sensing device indicates that exempt from the requirements of this there is no pilot flame present. paragraph if you install a control de- (2) If you are subject to vice model tested in accordance with § 60.5412a(a)(2), a deviation occurs when § 60.5413a(d)(2) through (10), which the 365-day average condenser effi- meets the criteria in § 60.5413a(d)(11), ciency calculated according to the re- the reporting requirement in quirements specified in § 60.5413a(d)(12), and meet the contin- § 60.5415a(b)(2)(viii)(D) is less than 95.0 uous compliance requirement in percent. § 60.5413a(e). (3) If you are subject to § 60.5412a(a)(2) (1) For each combustion device you and you have less than 365 days of data, must conduct inspections at least once a deviation occurs when the average every calendar month according to condenser efficiency calculated accord- paragraphs (h)(1)(i) through (iv) of this ing to the procedures specified in section. Monthly inspections must be § 60.5415a(b)(2)(viii)(D)(1) or (2) is less separated by at least 14 calendar days. than 95.0 percent. (i) Conduct visual inspections to con- (4) A deviation occurs when the mon- firm that the pilot is lit when vapors itoring data are not available for at are being routed to the combustion de- least 75 percent of the operating hours vice and that the continuous burning in a day. pilot flame is operating properly.

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(ii) Conduct inspections to monitor § 60.5420a What are my notification, for visible emissions from the combus- reporting, and recordkeeping re- tion device using section 11 of EPA quirements? Method 22 of appendix A of this part. (a) You must submit the notifica- The observation period shall be 15 min- tions according to paragraphs (a)(1) utes. Devices must be operated with no and (2) of this section if you own or op- visible emissions, except for periods erate one or more of the affected facili- not to exceed a total of 1 minute dur- ties specified in § 60.5365a that was con- ing any 15 minute period. structed, modified or reconstructed (iii) Conduct olfactory, visual and au- during the reporting period. ditory inspections of all equipment as- (1) If you own or operate an affected facility that is the group of all equip- sociated with the combustion device to ment within a process unit at an on- ensure system integrity. shore natural gas processing plant, or a (iv) For any absence of the pilot sweetening unit at an onshore natural flame, or other indication of smoking gas processing plant, you must submit or improper equipment operation (e.g., the notifications required in § 60.7(a)(1), visual, audible, or olfactory), you must (3), and (4). If you own or operate a ensure the equipment is returned to well, centrifugal compressor, recipro- proper operation as soon as practicable cating compressor, pneumatic con- after the event occurs. At a minimum, troller, pneumatic pump, storage ves- you must perform the procedures speci- sel, or collection of fugitive emissions fied in paragraphs (h)(1)(iv)(A) and (B) components at a well site or collection of this section. of fugitive emissions components at a (A) You must check the air vent for compressor station, you are not re- obstruction. If an obstruction is ob- quired to submit the notifications reserved, you must clear the obstruction quired in § 60.7(a)(1), (3), and (4). as soon as practicable. (2)(i) If you own or operate a well af- (B) You must check for liquid reach- fected facility, you must submit a noti- ing the combustor. fication to the Administrator no later than 2 days prior to the commence- (2) For each vapor recovery device, ment of each well completion oper- you must conduct inspections at least ation listing the anticipated date of once every calendar month to ensure the well completion operation. The no- physical integrity of the control device tification shall include contact infor- according to the manufacturer’s in- mation for the owner or operator; the structions. Monthly inspections must United States Well Number; the lati- be separated by at least 14 calendar tude and longitude coordinates for each days. well in decimal degrees to an accuracy (3) Each control device must be oper- and precision of five (5) decimals of a ated following the manufacturer’s writ- degree using the North American ten operating instructions, procedures Datum of 1983; and the planned date of and maintenance schedule to ensure the beginning of flowback. You may good air pollution control practices for submit the notification in writing or in minimizing emissions. Records of the electronic format. manufacturer’s written operating in- (ii) If you are subject to state regula- structions, procedures, and mainte- tions that require advance notification nance schedule must be available for of well completions and you have met inspection as specified in those notification requirements, then § 60.5420a(c)(13). you are considered to have met the ad- (4) Conduct a periodic performance vance notification requirements of paragraph (a)(2)(i) of this section. test no later than 60 months after the (b) Reporting requirements. You must initial performance test as specified in submit annual reports containing the § 60.5413a(b)(5)(ii) and conduct subse- information specified in paragraphs quent periodic performance tests at in- (b)(1) through (8) and (12) of this sec- tervals no longer than 60 months fol- tion and performance test reports as lowing the previous periodic perform- specified in paragraph (b)(9) or (10) of ance test. this section, if applicable, except as

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provided in paragraph (b)(13) of this (i) Records of each well completion section. You must submit annual re- operation as specified in paragraphs ports following the procedure specified (c)(1)(i) through (iv) and (vi) of this sec- in paragraph (b)(11) of this section. The tion, if applicable, for each well af- initial annual report is due no later fected facility conducted during the re- than 90 days after the end of the initial porting period. In lieu of submitting compliance period as determined ac- the records specified in paragraph cording to § 60.5410a. Subsequent an- (c)(1)(i) through (iv) of this section, the nual reports are due no later than same owner or operator may submit a list of date each year as the initial annual re- the well completions with hydraulic port. If you own or operate more than fracturing completed during the re- one affected facility, you may submit porting period and the records required one report for multiple affected facili- by paragraph (c)(1)(v) of this section ties provided the report contains all of for each well completion. the information required as specified in (ii) Records of deviations specified in paragraphs (b)(1) through (8) of this paragraph (c)(1)(ii) of this section that section, except as provided in para- occurred during the reporting period. graph (b)(13) of this section. Annual re- (iii) Records specified in paragraph ports may coincide with title V reports (c)(1)(vii) of this section, if applicable, as long as all the required elements of that support a determination under the annual report are included. You 60.5432a that the well affected facility may arrange with the Administrator a is a low pressure well as defined in common schedule on which reports re- 60.5430a. quired by this part may be submitted (3) For each centrifugal compressor as long as the schedule does not extend affected facility, the information speci- the reporting period. fied in paragraphs (b)(3)(i) through (iv) (1) The general information specified of this section. in paragraphs (b)(1)(i) through (iv) of (i) An identification of each cen- this section for all reports. trifugal compressor using a wet seal system constructed, modified or recon- (i) The company name, facility site structed during the reporting period. name associated with the affected fa- (ii) Records of deviations specified in cility, US Well ID or US Well ID associ- paragraph (c)(2) of this section that oc- ated with the affected facility, if appli- curred during the reporting period. cable, and address of the affected facil- (iii) If required to comply with ity. If an address is not available for § 60.5380a(a)(2), the records specified in the site, include a description of the paragraphs (c)(6) through (11) of this site location and provide the latitude section. and longitude coordinates of the site in (iv) If complying with § 60.5380a(a)(1) decimal degrees to an accuracy and with a control device tested under precision of five (5) decimals of a de- § 60.5413a(d) which meets the criteria in gree using the North American Datum § 60.5413a(d)(11) and § 60.5413a(e), records of 1983. specified in paragraph (c)(2)(i) through (ii) An identification of each affected (c)(2)(vii) of this section for each cen- facility being included in the annual trifugal compressor using a wet seal report. system constructed, modified or recon- (iii) Beginning and ending dates of structed during the reporting period. the reporting period. (4) For each reciprocating compressor (iv) A certification by a certifying of- affected facility, the information speci- ficial of truth, accuracy, and complete- fied in paragraphs (b)(4)(i) and (ii) of ness. This certification shall state this section. that, based on information and belief (i) The cumulative number of hours formed after reasonable inquiry, the of operation or the number of months statements and information in the doc- since initial startup or since the pre- ument are true, accurate, and com- vious reciprocating compressor rod plete. packing replacement, whichever is (2) For each well affected facility, the later. Alternatively, a statement that information in paragraphs (b)(2)(i) emissions from the rod packing are through (iii) of this section. being routed to a process through a

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closed vent system under negative service during the reporting period as pressure. specified in § 60.5395a(c)(3), including (ii) Records of deviations specified in the date the storage vessel affected fa- paragraph (c)(3)(iii) of this section that cility was returned to service. occurred during the reporting period. (vii) If complying with § 60.5395a(a)(2) (5) For each pneumatic controller af- with a control device tested under fected facility, the information speci- § 60.5413a(d) which meets the criteria in fied in paragraphs (b)(5)(i) through (iii) § 60.5413a(d)(11) and § 60.5413a(e), records of this section. specified in paragraphs (c)(5)(vi)(A) (i) An identification of each pneu- through (F) of this section for each matic controller constructed, modified storage vessel constructed, modified, or reconstructed during the reporting reconstructed or returned to service period, including the identification in- during the reporting period. formation specified in § 60.5390a(b)(2) or (7) For the collection of fugitive (c)(2). emissions components at each well site (ii) If applicable, documentation that and the collection of fugitive emissions the use of pneumatic controller af- components at each compressor station fected facilities with a natural gas within the company-defined area, the bleed rate greater than 6 standard records of each monitoring survey in- cubic feet per hour are required and the cluding the information specified in reasons why. paragraphs (b)(7)(i) through (xii) of this (iii) Records of deviations specified in section. For the collection of fugitive paragraph (c)(4)(v) of this section that emissions components at a compressor occurred during the reporting period. station, if a monitoring survey is (6) For each storage vessel affected waived under § 60.5397a(g)(5), you must facility, the information in paragraphs include in your annual report the fact (b)(6)(i) through (vii) of this section. that a monitoring survey was waived (i) An identification, including the and the calendar months that make up location, of each storage vessel af- the quarterly monitoring period for fected facility for which construction, which the monitoring survey was modification or reconstruction com- waived. menced during the reporting period. (i) Date of the survey. The location of the storage vessel shall (ii) Beginning and end time of the be in latitude and longitude coordi- survey. nates in decimal degrees to an accu- (iii) Name of operator(s) performing racy and precision of five (5) decimals survey. If the survey is performed by of a degree using the North American optical gas imaging, you must note the Datum of 1983. training and experience of the oper- (ii) Documentation of the VOC emis- ator. sion rate determination according to (iv) Ambient temperature, sky condi- § 60.5365a(e) for each storage vessel that tions, and maximum wind speed at the became an affected facility during the time of the survey. reporting period or is returned to service during the reporting period. (v) Monitoring instrument used. (iii) Records of deviations specified in (vi) Any deviations from the moni- paragraph (c)(5)(iii) of this section that toring plan or a statement that there occurred during the reporting period. were no deviations from the moni- (iv) A statement that you have met toring plan. the requirements specified in (vii) Number and type of components § 60.5410a(h)(2) and (3). for which fugitive emissions were de- (v) You must identify each storage tected. vessel affected facility that is removed (viii) Number and type of fugitive from service during the reporting pe- emissions components that were not riod as specified in § 60.5395a(c)(1)(ii), repaired as required in § 60.5397a(h). including the date the storage vessel (ix) Number and type of difficult-to- affected facility was removed from monitor and unsafe-to-monitor fugitive service. emission components monitored. (vi) You must identify each storage (x) The date of successful repair of vessel affected facility returned to the fugitive emissions component.

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(xi) Number and type of fugitive erwise is no longer available and the emission components placed on delay pneumatic pump affected facility now of repair and explanation for each report according to paragraph delay of repair. (b)(8)(i)(A) of this section. (xii) Type of instrument used to re- (D) A control device or process has survey a repaired fugitive emissions been removed from the location or is component that could not be repaired otherwise no longer available and the during the initial fugitive emissions owner or operator has determined in finding. accordance with § 60.5393a(b)(5) through (8) For each pneumatic pump affected an engineering evaluation that it is facility, the information specified in technically infeasible to capture and paragraphs (b)(8)(i) through (iii) of this route the emissions to another control section. device or process. (i) For each pneumatic pump that is (iii) Records of deviations specified in constructed, modified or reconstructed paragraph (c)(16)(ii) of this section that during the reporting period, you must occurred during the reporting period. provide certification that the pneu- (9) Within 60 days after the date of matic pump meets one of the condi- completing each performance test (see tions described in paragraphs § 60.8) required by this subpart, except (b)(8)(i)(A), (B) or (C) of this section. testing conducted by the manufacturer (A) No control device or process is as specified in § 60.5413a(d), you must available on site. submit the results of the performance (B) A control device or process is test following the procedure specified available on site and the owner or oper- in either paragraph (b)(9)(i) or (ii) of ator has determined in accordance with this section. § 60.5393a(b)(5) that it is technically in- (i) For data collected using test feasible to capture and route the emis- methods supported by the EPA’s Elec- sions to the control device or process. tronic Reporting Tool (ERT) as listed (C) Emissions from the pneumatic on the EPA’s ERT Web site (https:// pump are routed to a control device or www3.epa.gov/ttn/chief/ert/ process. If the control device is de- ertllinfo.html) at the time of the test, signed to achieve less than 95 percent you must submit the results of the per- emissions reduction, specify the performance test to the EPA via the Com- cent emissions reductions the control pliance and Emissions Data Reporting device is designed to achieve. Interface (CEDRI). (CEDRI can be (ii) For any pneumatic pump affected accessed through the EPA’s Central facility which has been previously re- Data Exchange (CDX) (https:// ported as required under paragraph cdx.epa.gov/).) Performance test data (b)(8)(i) of this section and for which a must be submitted in a file format gen- change in the reported condition has erated through the use of the EPA’s occurred during the reporting period, ERT or an alternate electronic file for- provide the identification of the pneu- mat consistent with the extensible matic pump affected facility and the markup language (XML) schema listed date it was previously reported and a on the EPA’s ERT Web site. If you certification that the pneumatic pump claim that some of the performance meets one of the conditions described test information being submitted is in paragraphs (b)(8)(ii)(A), (B) or (C) or confidential business information (D) of this section. (CBI), you must submit a complete file (A) A control device has been added generated through the use of the EPA’s to the location and the pneumatic ERT or an alternate electronic file con- pump now reports according to para- sistent with the XML schema listed on graph (b)(8)(i)(C) of this section. the EPA’s ERT Web site, including in- (B) A control device has been added formation claimed to be CBI, on a com- to the location and the pneumatic pact disc, flash drive, or other com- pump affected facility now reports ac- monly used electronic storage media to cording to paragraph (b)(8)(i)(B) of this the EPA. The electronic media must be section. clearly marked as CBI and mailed to (C) A control device or process has U.S. EPA/OAQPS/CORE CBI Office, At- been removed from the location or oth- tention: Group Leader, Measurement

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Policy Group, MD C404–02, 4930 Old § 60.5365a(h)(2)) are not subject to the Page Rd., Durham, NC 27703. The same requirements of paragraph (b)(1) of this ERT or alternate file with the CBI section from June 2, 2017, until August omitted must be submitted to the EPA 31, 2017. via the EPA’s CDX as described earlier (c) Recordkeeping requirements. You in this paragraph. must maintain the records identified as (ii) For data collected using test specified in § 60.7(f) and in paragraphs methods that are not supported by the (c)(1) through (16) of this section. All EPA’s ERT as listed on the EPA’s ERT records required by this subpart must Web site at the time of the test, you be maintained either onsite or at the must submit the results of the per- nearest local field office for at least 5 formance test to the Administrator at years. Any records required to be main- the appropriate address listed in § 60.4. (10) For combustion control devices tained by this subpart that are sub- tested by the manufacturer in accord- mitted electronically via the EPA’s ance with § 60.5413a(d), an electronic CDX may be maintained in electronic copy of the performance test results re- format. quired by § 60.5413a(d) shall be sub- (1) The records for each well affected mitted via email to facility as specified in paragraphs [email protected] un- (c)(1)(i) through (vii) of this section, as less the test results for that model of applicable. For each well affected facil- combustion control device are posted ity for which you make a claim that at the following Web site: epa.gov/ the well affected facility is not subject airquality/oilandgas/. to the requirements for well comple- (11) You must submit reports to the tions pursuant to 60.5375a(g), you must EPA via the CEDRI. (CEDRI can be maintain the record in paragraph accessed through the EPA’s CDX (c)(1)(vi), only. (https://cdx.epa.gov/).) You must use the (i) Records identifying each well appropriate electronic report in CEDRI completion operation for each well af- for this subpart or an alternate elec- fected facility; tronic file format consistent with the (ii) Records of deviations in cases extensible markup language (XML) where well completion operations with schema listed on the CEDRI Web site hydraulic fracturing were not per- (https://www3.epa.gov/ttn/chief/cedri/). If the reporting form specific to this sub- formed in compliance with the require- part is not available in CEDRI at the ments specified in § 60.5375a. time that the report is due, you must (iii) Records required in § 60.5375a(b) submit the report to the Administrator or (f)(3) for each well completion oper- at the appropriate address listed in ation conducted for each well affected § 60.4. Once the form has been available facility that occurred during the re- in CEDRI for at least 90 calendar days, porting period. You must maintain the you must begin submitting all subse- records specified in paragraphs quent reports via CEDRI. The reports (c)(1)(iii)(A) through (C) of this section. must be submitted by the deadlines (A) For each well affected facility re- specified in this subpart, regardless of quired to comply with the require- the method in which the reports are ments of § 60.5375a(a), you must record: submitted. The location of the well; the United (12) You must submit the certifi- States Well Number; the date and time cation signed by the qualified profes- of the onset of flowback following hy- sional engineer according to draulic fracturing or refracturing; the § 60.5411a(d) for each closed vent system date and time of each attempt to direct routing to a control device or process. flowback to a separator as required in (13) The collection of fugitive emis- § 60.5375a(a)(1)(ii); the date and time of sions components at a well site (as de- each occurrence of returning to the ini- fined in § 60.5430a), the collection of fugitive emissions components at a com- tial flowback stage under pressor station (as defined in § 60.5430a), § 60.5375a(a)(1)(i); and the date and time and pneumatic pump affected facilities that the well was shut in and the at a well site (as defined in flowback equipment was permanently

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disconnected, or the startup of produc- longer met and that the well completion; the duration of flowback; duration operation has been stopped and a tion of recovery and disposition of re- separator installed. The records shall covery (i.e., routed to the gas flow line include the date and time the well or collection system, re-injected into completion operation was stopped and the well or another well, used as an on- the date and time the separator was in- site fuel source, or used for another stalled. useful purpose that a purchased fuel or (3) A record of the claim signed by raw material would serve); duration of the certifying official that no liquids combustion; duration of venting; and collection is at the well site. The claim specific reasons for venting in lieu of must include a certification by a certi- capture or combustion. The duration fying official of truth, accuracy and must be specified in hours. In addition, completeness. This certification shall for wells where it is technically infea- state that, based on information and sible to route the recovered gas to any belief formed after reasonable inquiry, of the four options specified in the statements and information in the § 60.5375a(a)(1)(ii), you must record the document are true, accurate, and com- reasons for the claim of technical in- plete. feasibility with respect to all four op- (iv) For each well affected facility for tions provided in that subparagraph, which you claim an exception under including but not limited to; name and § 60.5375a(a)(3), you must record: The lo- location of the nearest gathering line cation of the well; the United States and technical considerations pre- Well Number; the specific exception venting routing to this line; capture, claimed; the starting date and ending reinjection, and reuse technologies date for the period the well operated considered and aspects of gas or equip- under the exception; and an expla- ment preventing use of recovered gas nation of why the well meets the as a fuel onsite; and technical consider- claimed exception. ations preventing use of recovered gas (v) For each well affected facility re- for other useful purpose that that a quired to comply with both purchased fuel or raw material would § 60.5375a(a)(1) and (3), if you are using serve. a digital photograph in lieu of the (B) For each well affected facility re- records required in paragraphs (c)(1)(i) quired to comply with the require- through (iv) of this section, you must ments of § 60.5375a(f), you must main- retain the records of the digital photo- tain the records specified in paragraph graph as specified in § 60.5410a(a)(4). (c)(1)(iii)(A) of this section except that (vi) For each well affected facility for you do not have to record the duration which you make a claim that the well of recovery to the flow line. affected facility is not subject to the (C) For each well affected facility for well completion standards according to which you make a claim that it meets 60.5375a(g), you must maintain: the criteria of § 60.5375a(a)(1)(iii)(A), (A) A record of the analysis that was you must maintain the following: performed in order the make that (1) Records specified in paragraph claim, including but not limited to, (c)(1)(iii)(A) of this section except that GOR values for established leases and you do not have to record: The date data from wells in the same basin and and time of each attempt to direct field; flowback to a separator; the date and (B) The location of the well; the time of each occurrence of returning to United States Well Number; the initial flowback stage; duration of (C) A record of the claim signed by recovery and disposition of recovery the certifying official. The claim must (i.e. routed to the gas flow line or col- include a certification by a certifying lection system, re-injected into the official of truth, accuracy, and com- well or another well, used as an onsite pleteness. This certification shall state fuel source, or used for another useful that, based on information and belief purpose that a purchased fuel or raw formed after reasonable inquiry, the material would serve. statements and information in the doc- (2) If applicable, records that the con- ument are true, accurate, and com- ditions of § 60.5375a(1)(iii)(A) are no plete.

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(vii) For each well affected facility ital file. As an alternative to imbedded for which you determine according to latitude and longitude within the dig- § 60.5432a that it is a low pressure well, ital photograph, the digital photograph a record of the determination and sup- may consist of a photograph of the cen- porting inputs and calculations. trifugal compressor and control device (2) For each centrifugal compressor with a photograph of a separately oper- affected facility, you must maintain ating GPS device within the same dig- records of deviations in cases where the ital picture, provided the latitude and centrifugal compressor was not oper- longitude output of the GPS unit can ated in compliance with the require- be clearly read in the digital photo- ments specified in § 60.5380a. Except as graph. specified in paragraph (c)(2)(vii) of this (3) For each reciprocating compressor section, you must maintain the records affected facility, you must maintain in paragraphs (c)(2)(i) through (vi) of the records in paragraphs (c)(3)(i) this section for each control device through (iii) of this section. tested under § 60.5413a(d) which meets (i) Records of the cumulative number the criteria in § 60.5413a(d)(11) and of hours of operation or number of § 60.5413a(e) and used to comply with months since initial startup or the pre- § 60.5380a(a)(1) for each centrifugal com- vious replacement of the reciprocating pressor. compressor rod packing, whichever is (i) Make, model and serial number of later. Alternatively, a statement that purchased device. emissions from the rod packing are (ii) Date of purchase. being routed to a process through a (iii) Copy of purchase order. closed vent system under negative (iv) Location of the centrifugal com- pressure. pressor and control device in latitude (ii) Records of the date and time of and longitude coordinates in decimal each reciprocating compressor rod degrees to an accuracy and precision of packing replacement, or date of instal- five (5) decimals of a degree using the lation of a rod packing emissions col- North American Datum of 1983. lection system and closed vent system (v) Inlet gas flow rate. as specified in § 60.5385a(a)(3). (vi) Records of continuous compli- (iii) Records of deviations in cases ance requirements in § 60.5413a(e) as where the reciprocating compressor specified in paragraphs (c)(2)(vi)(A) was not operated in compliance with through (E) of this section. the requirements specified in § 60.5385a. (A) Records that the pilot flame is (4) For each pneumatic controller af- present at all times of operation. fected facility, you must maintain the (B) Records that the device was oper- records identified in paragraphs ated with no visible emissions except (c)(4)(i) through (v) of this section, as for periods not to exceed a total of 1 applicable. minute during any 15 minute period. (i) Records of the date, location and (C) Records of the maintenance and manufacturer specifications for each repair log. pneumatic controller constructed, (D) Records of the visible emissions modified or reconstructed. test following return to operation from (ii) Records of the demonstration a maintenance or repair activity. that the use of pneumatic controller (E) Records of the manufacturer’s affected facilities with a natural gas written operating instructions, proce- bleed rate greater than the applicable dures and maintenance schedule to en- standard are required and the reasons sure good air pollution control prac- why. tices for minimizing emissions. (iii) If the pneumatic controller is (vii) As an alternative to the require- not located at a natural gas processing ments of paragraph (c)(2)(iv) of this plant, records of the manufacturer’s section, you may maintain records of specifications indicating that the con- one or more digital photographs with troller is designed such that natural the date the photograph was taken and gas bleed rate is less than or equal to the latitude and longitude of the cen- 6 standard cubic feet per hour. trifugal compressor and control device (iv) If the pneumatic controller is lo- imbedded within or stored with the dig- cated at a natural gas processing plant,

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records of the documentation that the graphs (c)(5)(vi)(A) through (F) of this natural gas bleed rate is zero. section for each control device tested (v) Records of deviations in cases under § 60.5413a(d) which meets the cri- where the pneumatic controller was teria in § 60.5413a(d)(11) and § 60.5413a(e) not operated in compliance with the re- and used to comply with § 60.5395a(a)(2) quirements specified in § 60.5390a. for each storage vessel. (5) For each storage vessel affected (A) Make, model and serial number of facility, you must maintain the records purchased device. identified in paragraphs (c)(5)(i) (B) Date of purchase. through (vi) of this section. (C) Copy of purchase order. (i) If required to reduce emissions by (D) Location of the control device in complying with § 60.5395a(a)(2), the latitude and longitude coordinates in records specified in §§ 60.5420a(c)(6) decimal degrees to an accuracy and through (8), 60.5416a(c)(6)(ii), and precision of five (5) decimals of a de- 60.5416a(c)(7)(ii). You must maintain gree using the North American Datum the records in paragraph (c)(5)(vi) of of 1983. this part for each control device tested (E) Inlet gas flow rate. under § 60.5413a(d) which meets the cri- (F) Records of continuous compliance teria in § 60.5413a(d)(11) and § 60.5413a(e) requirements in § 60.5413a(e) as speci- and used to comply with § 60.5395a(a)(2) fied in paragraphs (c)(5)(vi)(F)(1) for each storage vessel. through (5) of this section. (ii) Records of each VOC emissions (1) Records that the pilot flame is determination for each storage vessel present at all times of operation. affected facility made under § 60.5365a(e) including identification of (2) Records that the device was oper- the model or calculation methodology ated with no visible emissions except used to calculate the VOC emission for periods not to exceed a total of 1 rate. minute during any 15 minute period. (iii) Records of deviations in cases (3) Records of the maintenance and where the storage vessel was not oper- repair log. ated in compliance with the require- (4) Records of the visible emissions ments specified in §§ 60.5395a, 60.5411a, test following return to operation from 60.5412a, and 60.5413a, as applicable. a maintenance or repair activity. (iv) For storage vessels that are skid- (5) Records of the manufacturer’s mounted or permanently attached to written operating instructions, proce- something that is mobile (such as dures and maintenance schedule to en- trucks, railcars, barges or ships), sure good air pollution control prac- records indicating the number of con- tices for minimizing emissions. secutive days that the vessel is located (G) As an alternative to the require- at a site in the oil and natural gas pro- ments of paragraph (c)(5)(vi)(D) of this duction segment, natural gas proc- section, you may maintain records of essing segment or natural gas trans- one or more digital photographs with mission and storage segment. If a stor- the date the photograph was taken and age vessel is removed from a site and, the latitude and longitude of the stor- within 30 days, is either returned to the age vessel and control device imbedded site or replaced by another storage ves- within or stored with the digital file. sel at the site to serve the same or As an alternative to imbedded latitude similar function, then the entire period and longitude within the digital photo- since the original storage vessel was graph, the digital photograph may con- first located at the site, including the sist of a photograph of the storage ves- days when the storage vessel was re- sel and control device with a photo- moved, will be added to the count tograph of a separately operating GPS wards the number of consecutive days. device within the same digital picture, (v) You must maintain records of the provided the latitude and longitude identification and location of each output of the GPS unit can be clearly storage vessel affected facility. read in the digital photograph. (vi) Except as specified in paragraph (6) Records of each closed vent sys- (c)(5)(vi)(G) of this section, you must tem inspection required under maintain the records specified in para- § 60.5416a(a)(1) and (2) for centrifugal

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compressors, reciprocating compres- A–7 of this part, section 11 results, sors and pneumatic pumps, or which include: Company, location, § 60.5416a(c)(1) for storage vessels. company representative (name of the (7) A record of each cover inspection person performing the observation), required under § 60.5416a(a)(3) for cen- sky conditions, process unit (type of trifugal or reciprocating compressors control device), clock start time, ob- or § 60.5416a(c)(2) for storage vessels. servation period duration (in minutes (8) If you are subject to the bypass and seconds), accumulated emission requirements of § 60.5416a(a)(4) for cen- time (in minutes and seconds), and trifugal compressors, reciprocating clock end time. You may create your compressors or pneumatic pumps, or own form including the above informa- § 60.5416a(c)(3) for storage vessels, a tion or use Figure 22–1 in EPA Method record of each inspection or a record of 22 of appendix A–7 of this part. Manu- each time the key is checked out or a facturer’s operating instructions, pro- record of each time the alarm is sound- cedures and maintenance schedule ed. must be available for inspection. (9) If you are subject to the closed (14) A log of records as specified in vent system no detectable emissions § 60.5412a(d)(1)(iii), for all inspection, requirements of § 60.5416a(b) for cen- repair and maintenance activities for trifugal compressors, reciprocating each control device failing the visible compressors or pneumatic pumps, a emissions test. record of the monitoring conducted in (15) For each collection of fugitive accordance with § 60.5416a(b). emissions components at a well site (10) For each centrifugal compressor and each collection of fugitive emis- or pneumatic pump affected facility, sions components at a compressor sta- records of the schedule for carbon re- tion, the records identified in para- placement (as determined by the de- graphs (c)(15)(i) through (iii) of this sign analysis requirements of section. § 60.5413a(c)(2) or (3)) and records of (i) The fugitive emissions monitoring each carbon replacement as specified in plan as required in § 60.5397a(b), (c), and § 60.5412a(c)(1). (d). (11) For each centrifugal compressor (ii) The records of each monitoring affected facility subject to the control survey as specified in paragraphs device requirements of § 60.5412a(a), (b), (c)(15)(ii)(A) through (I) of this section. and (c), records of minimum and max- (A) Date of the survey. imum operating parameter values, con- (B) Beginning and end time of the tinuous parameter monitoring system survey. data, calculated averages of continuous (C) Name of operator(s) performing parameter monitoring system data, resurvey. You must note the training and sults of all compliance calculations, experience of the operator. and results of all inspections. (D) Monitoring instrument used. (12) For each carbon adsorber in- (E) When optical gas imaging is used stalled on storage vessel affected facili- to perform the survey, one or more dig- ties, records of the schedule for carbon ital photographs or videos, captured replacement (as determined by the de- from the optical gas imaging instru- sign analysis requirements of ment used for conduct of monitoring, § 60.5412a(d)(2)) and records of each car- of each required monitoring survey bon replacement as specified in being performed. The digital photo- § 60.5412a(c)(1). graph must include the date the photo- (13) For each storage vessel affected graph was taken and the latitude and facility subject to the control device longitude of the collection of fugitive requirements of § 60.5412a(c) and (d), emissions components at a well site or you must maintain records of the in- collection of fugitive emissions compo- spections, including any corrective ac- nents at a compressor station tions taken, the manufacturers’ oper- imbedded within or stored with the dig- ating instructions, procedures and ital file. As an alternative to imbedded maintenance schedule as specified in latitude and longitude within the dig- § 60.5417a(h)(3). You must maintain ital file, the digital photograph or records of EPA Method 22 of appendix video may consist of an image of the

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monitoring survey being performed the optical gas imaging instrument, in- with a separately operating GPS device cludes the date and the latitude and within the same digital picture or longitude are either imbedded or visi- video, provided the latitude and lon- ble in the picture. gitude output of the GPS unit can be (9) Repair methods applied in each clearly read in the digital image. attempt to repair the fugitive emis- (F) Fugitive emissions component sions components. identification when Method 21 is used (10) Number and type of fugitive to perform the monitoring survey. emission components placed on delay (G) Ambient temperature, sky condi- of repair and explanation for each tions, and maximum wind speed at the delay of repair. time of the survey. (11) The date of successful repair of (H) Any deviations from the moni- the fugitive emissions component. toring plan or a statement that there (12) Instrumentation used to resurvey were no deviations from the moni- a repaired fugitive emissions compo- toring plan. nent that could not be repaired during (I) Documentation of each fugitive the initial fugitive emissions finding. emission, including the information (iii) For the collection of fugitive specified in paragraphs (c)(15)(ii)(I)(1) emissions components at a compressor through (12) of this section. station, if a monitoring survey is (1) Location. waived under § 60.5397a(g)(5), you must (2) Any deviations from the monitoring plan or a statement that there maintain records of the average cal- were no deviations from the moni- endar month temperature, including toring plan. the source of the information, for each calendar month of the quarterly moni- (3) Number and type of components for which fugitive emissions were de- toring period for which the monitoring tected. survey was waived. (4) Number and type of difficult-to- (16) For each pneumatic pump af- monitor and unsafe-to-monitor fugitive fected facility, you must maintain the emission components monitored. records identified in paragraphs (5) Instrument reading of each fugi- (c)(16)(i) through (v) of this section. tive emissions component that requires (i) Records of the date, location and repair when Method 21 is used for mon- manufacturer specifications for each itoring. pneumatic pump constructed, modified (6) Number and type of fugitive emis- or reconstructed. sions components that were not re- (ii) Records of deviations in cases paired as required in § 60.5397a(h). where the pneumatic pump was not op- (7) Number and type of components erated in compliance with the require- that were tagged as a result of not ments specified in § 60.5393a. being repaired during the monitoring (iii) Records on the control device survey when the fugitive emissions used for control of emissions from a were initially found as required in pneumatic pump including the instal- § 60.5397a(h)(3)(ii). lation date, manufacturer’s specifica- (8) If a fugitive emissions component tions, and if the control device is de- is not tagged, a digital photograph or signed to achieve less than 95 percent video of each fugitive emissions compo- emission reduction, a design evaluation nent that could not be repaired during or manufacturer’s specifications indi- the monitoring survey when the fugi- cating the percentage reduction tive emissions were initially found as achieved the control device is designed required in § 60.5397a(h)(3)(ii). The dig- to achieve. ital photograph or video must clearly (iv) Records substantiating a claim identify the location of the component according to § 60.5393a(b)(5) that it is that must be repaired. Any digital pho- technically infeasible to capture and tograph or video required under this route emissions from a pneumatic paragraph can also be used to meet the pump to a control device or process; in- requirements under paragraph cluding the qualified professional engi- (c)(15)(ii)(E) of this section, as long as neer certification according to the photograph or video is taken with § 60.5393a(b)(5)(ii)and the records of the

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engineering assessment of technical in- (iii) Repair methods applied in each feasibility performed according to attempt to repair the leak. § 60.5393a(b)(5)(iii). (iv) ‘‘Above 500 ppm’’ if the maximum (v) You must retain copies of all cer- instrument reading measured by the tifications, engineering assessments methods specified in § 60.5400a(d) after and related records for a period of five each repair attempt is 500 ppm or years and make them available if di- greater. rected by the implementing agency. (v) ‘‘Repair delayed’’ and the reason (17) For each closed vent system for the delay if a leak is not repaired routing to a control device or process, within 15 calendar days after discovery the records of the assessment con- of the leak. ducted according to § 60.5411a(d): (vi) The signature of the owner or op- (i) A copy of the assessment con- erator (or designate) whose decision it ducted according to § 60.5411a(d)(1); was that repair could not be effected without a process shutdown. (ii) A copy of the certification ac- (vii) The expected date of successful cording to § 60.5411a(d)(1)(i); and repair of the leak if a leak is not re- (iii) The owner or operator shall repaired within 15 days. tain copies of all certifications, assess- (viii) Dates of process unit shutdowns ments and any related records for a pe- that occur while the equipment is riod of five years, and make them unrepaired. available if directed by the delegated (ix) The date of successful repair of authority. the leak. [81 FR 35898, June 3, 2016, as amended at 82 (x) A list of identification numbers FR 25733, June 5, 2017] for equipment that are designated for no detectable emissions under the pro- § 60.5421a What are my additional rec- visions of § 60.482–4a(a). The designation ordkeeping requirements for my af- of equipment subject to the provisions fected facility subject to GHG and of § 60.482–4a(a) must be signed by the VOC requirements for onshore nat- owner or operator. ural gas processing plants? (a) You must comply with the re- § 60.5422a What are my additional requirements of paragraph (b) of this sec- porting requirements for my affected facility subject to GHG and tion in addition to the requirements of VOC requirements for onshore nat- § 60.486a. ural gas processing plants? (b) The following recordkeeping re- (a) You must comply with the requirements apply to pressure relief de- quirements of paragraphs (b) and (c) of vices subject to the requirements of this section in addition to the require- § 60.5401a(b)(1). ments of § 60.487a(a), (b), (c)(2)(i) (1) When each leak is detected as through (iv), and (c)(2)(vii) through specified in § 60.5401a(b)(2), a weather- (viii). You must submit semiannual re- proof and readily visible identification, ports to the EPA via the Compliance marked with the equipment identifica- and Emissions Data Reporting Inter- tion number, must be attached to the face (CEDRI). (CEDRI can be accessed leaking equipment. The identification through the EPA’s Central Data Ex- on the pressure relief device may be re- change (CDX) (https://cdx.epa.gov/).) Use moved after it has been repaired. the appropriate electronic report in (2) When each leak is detected as CEDRI for this subpart or an alternate specified in § 60.5401a(b)(2), the informa- electronic file format consistent with tion specified in paragraphs (b)(2)(i) the extensible markup language (XML) through (x) of this section must be re- schema listed on the CEDRI Web site corded in a log and shall be kept for 2 (https://www3.epa.gov/ttn/chief/cedri/). If years in a readily accessible location: the reporting form specific to this sub- (i) The instrument and operator iden- part is not available in CEDRI at the tification numbers and the equipment time that the report is due, submit the identification number. report to the Administrator at the ap- (ii) The date the leak was detected propriate address listed in § 60.4. Once and the dates of each attempt to repair the form has been available in CEDRI the leak. for at least 90 days, you must begin

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submitting all subsequent reports via porting form specific to this subpart is CEDRI. The report must be submitted not available in CEDRI at the time by the deadline specified in this sub- that the report is due, you must submit part, regardless of the method in which the report to the Administrator at the the report is submitted. appropriate address listed in § 60.4. (b) An owner or operator must in- Once the form has been available in clude the following information in the CEDRI for at least 90 days, you must initial semiannual report in addition to begin submitting all subsequent re- the information required in ports via CEDRI. The report must be § 60.487a(b)(1) through (4): Number of submitted by the deadline specified in pressure relief devices subject to the this subpart, regardless of the method requirements of § 60.5401a(b) except for in which the report is submitted. For those pressure relief devices designated the purpose of these reports, excess for no detectable emissions under the emissions are defined as specified in provisions of § 60.482–4a(a) and those paragraphs (b)(1) and (2) of this section. pressure relief devices complying with (1) Any 24-hour period (at consistent § 60.482–4a(c). intervals) during which the average (c) An owner or operator must in- sulfur emission reduction efficiency (R) clude the information specified in para- is less than the minimum required effi- graphs (c)(1) and (2) of this section in ciency (Z). all semiannual reports in addition to (2) For any affected facility electing the information required in to comply with the provisions of § 60.487a(c)(2)(i) through (vi): § 60.5407a(b)(2), any 24-hour period dur- (1) Number of pressure relief devices ing which the average temperature of for which leaks were detected as re- the gases leaving the combustion zone quired in § 60.5401a(b)(2); and of an incinerator is less than the appro- (2) Number of pressure relief devices priate operating temperature as deter- for which leaks were not repaired as re- mined during the most recent perform- quired in § 60.5401a(b)(3). ance test in accordance with the provisions of § 60.5407a(b)(3). Each 24-hour pe- § 60.5423a What additional recordkeeping and reporting require- riod must consist of at least 96 tem- ments apply to my sweetening unit perature measurements equally spaced affected facilities at onshore nat- over the 24 hours. ural gas processing plants? (c) To certify that a facility is ex- (a) You must retain records of the empt from the control requirements of calculations and measurements re- these standards, for each facility with quired in §§ 60.5405a(a) and (b) and a design capacity less than 2 LT/D of 60.5407a(a) through (g) for at least 2 H2S in the acid gas (expressed as sul- years following the date of the meas- fur) you must keep, for the life of the urements. This requirement is included facility, an analysis demonstrating under § 60.7(f) of the General Provi- that the facility’s design capacity is sions. less than 2 LT/D of H2S expressed as (b) You must submit a report of ex- sulfur. cess emissions to the Administrator in (d) If you elect to comply with your annual report if you had excess § 60.5407a(e) you must keep, for the life emissions during the reporting period. of the facility, a record demonstrating The excess emissions report must be that the facility’s design capacity is submitted to the EPA via the Compli- less than 150 LT/D of H2S expressed as ance and Emissions Data Reporting sulfur. Interface (CEDRI). (CEDRI can be (e) The requirements of paragraph (b) accessed through the EPA’s Central of this section remain in force until Data Exchange (CDX) (https:// and unless the EPA, in delegating en- cdx.epa.gov/).) You must use the appro- forcement authority to a state under priate electronic report in CEDRI for section 111(c) of the Act, approves re- this subpart or an alternate electronic porting requirements or an alternative file format consistent with the exten- means of compliance surveillance sible markup language (XML) schema adopted by such state. In that event, listed on the CEDRI Web site (https:// affected sources within the state will www3.epa.gov/ttn/chief/cedri/). If the re- be relieved of obligation to comply

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with paragraph (b) of this section, pro- Y, and the applicable basic annual vided that they comply with the re- asset guideline repair allowance, B, di- quirements established by the state. vided by 100 as reflected by the fol- Electronic reporting to the EPA can- lowing equation: not be waived, and as such, the provi- A = Y × (B ÷ 100); sions of this paragraph do not relieve (2) The percent Y is determined from owners or operators of affected facili- the following equation: Y = 1.0 ¥ 0.575 ties of the requirement to submit the log ×, where × is 2011 minus the year of electronic reports required in this sec- construction; and tion to the EPA. (3) The applicable basic annual asset guideline repair allowance, B, is 4.5. § 60.5425a What parts of the General Provisions apply to me? Centrifugal compressor means any machine for raising the pressure of a nat- Table 3 to this subpart shows which ural gas by drawing in low pressure parts of the General Provisions in natural gas and discharging signifi- §§ 60.1 through 60.19 apply to you. cantly higher pressure natural gas by means of mechanical rotating vanes or § 60.5430a What definitions apply to impellers. Screw, sliding vane, and liq- this subpart? uid ring compressors are not cen- As used in this subpart, all terms not trifugal compressors for the purposes defined herein shall have the meaning of this subpart. given them in the Act, in subpart A or Certifying official means one of the subpart VVa of part 60; and the fol- following: lowing terms shall have the specific (1) For a corporation: A president, meanings given them. secretary, treasurer, or vice-president Acid gas means a gas stream of hy- of the corporation in charge of a prin- drogen sulfide (H2S) and carbon dioxide cipal business function, or any other (CO2) that has been separated from person who performs similar policy or sour natural gas by a sweetening unit. decision-making functions for the cor- Alaskan North Slope means the ap- poration, or a duly authorized rep- proximately 69,000 square-mile area ex- resentative of such person if the rep- tending from the Brooks Range to the resentative is responsible for the over- Arctic Ocean. all operation of one or more manufac- API Gravity means the weight per turing, production, or operating facili- unit volume of hydrocarbon liquids as ties applying for or subject to a permit measured by a system recommended by and either: the American Petroleum Institute (i) The facilities employ more than (API) and is expressed in degrees. 250 persons or have gross annual sales Artificial lift equipment means me- or expenditures exceeding $25 million chanical pumps including, but not lim- (in second quarter 1980 dollars); or ited to, rod pumps and electric sub- (ii) The Administrator is notified of mersible pumps used to flowback fluids such delegation of authority prior to from a well. the exercise of that authority. The Ad- Bleed rate means the rate in standard ministrator reserves the right to evalu- cubic feet per hour at which natural ate such delegation; gas is continuously vented (bleeds) (2) For a partnership (including but from a pneumatic controller. not limited to general partnerships, Capital expenditure means, in addition limited partnerships, and limited li- to the definition in 40 CFR 60.2, an ex- ability partnerships) or sole proprietor- penditure for a physical or operational ship: A general partner or the propri- change to an existing facility that ex- etor, respectively. If a general partner ceeds P, the product of the facility’s re- is a corporation, the provisions of para- placement cost, R, and an adjusted an- graph (1) of this definition apply; nual asset guideline repair allowance, (3) For a municipality, State, Fed- A, as reflected by the following equa- eral, or other public agency: Either a tion: P = R × A, where: principal executive officer or ranking (1) The adjusted annual asset guide- elected official. For the purposes of line repair allowance, A, is the product this part, a principal executive officer of the percent of the replacement cost, of a Federal agency includes the chief

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executive officer having responsibility Custody transfer means the transfer of for the overall operations of a principal crude oil or natural gas after proc- geographic unit of the agency (e.g., a essing and/or treatment in the pro- Regional Administrator of EPA); or ducing operations, or from storage ves- (4) For affected facilities: sels or automatic transfer facilities or (i) The designated representative in other such equipment, including prod- so far as actions, standards, require- uct loading racks, to pipelines or any ments, or prohibitions under title IV of other forms of transportation. the Clean Air Act or the regulations Dehydrator means a device in which promulgated thereunder are concerned; an absorbent directly contacts a nat- or ural gas stream and absorbs water in a (ii) The designated representative for contact tower or absorption column any other purposes under part 60. (absorber). Collection system means any infra- Delineation well means a well drilled structure that conveys gas or liquids in order to determine the boundary of from the well site to another location a field or producing reservoir. for treatment, storage, processing, re- Deviation means any instance in cycling, disposal or other handling. which an affected source subject to this subpart, or an owner or operator of Completion combustion device means such a source: any ignition device, installed hori- (1) Fails to meet any requirement or zontally or vertically, used in explo- obligation established by this subpart ration and production operations to including, but not limited to, any emis- combust otherwise vented emissions sion limit, operating limit, or work from completions. Completion combus- practice standard; tion devices include pit flares. (2) Fails to meet any term or condi- means any perma- Compressor station tion that is adopted to implement an nent combination of one or more com- applicable requirement in this subpart pressors that move natural gas at in- and that is included in the operating creased pressure through gathering or permit for any affected source required transmission pipelines, or into or out to obtain such a permit; or of storage. This includes, but is not (3) Fails to meet any emission limit, limited to, gathering and boosting sta- operating limit, or work practice tions and transmission compressor sta- standard in this subpart during start- tions. The combination of one or more up, shutdown, or malfunction, regard- compressors located at a well site, or less of whether or not such failure is located at an onshore natural gas proc- permitted by this subpart. essing plant, is not a compressor sta- Equipment, as used in the standards tion for purposes of § 60.5397a. and requirements in this subpart rel- Condensate means hydrocarbon liquid ative to the equipment leaks of GHG separated from natural gas that con- (in the form of methane) and VOC from denses due to changes in the tempera- onshore natural gas processing plants, ture, pressure, or both, and remains means each pump, pressure relief de- liquid at standard conditions. vice, open-ended valve or line, valve, Continuous bleed means a continuous and flange or other connector that is in flow of pneumatic supply natural gas VOC service or in wet gas service, and to a pneumatic controller. any device or system required by those Crude oil and natural gas source cat- same standards and requirements in egory means: this subpart. (1) Crude oil production, which in- Field gas means feedstock gas enter- cludes the well and extends to the ing the natural gas processing plant. point of custody transfer to the crude Field gas gathering means the system oil transmission pipeline or any other used transport field gas from a field to forms of transportation; and the main pipeline in the area. (2) Natural gas production, proc- Flare means a thermal oxidation sys- essing, transmission, and storage, tem using an open (without enclosure) which include the well and extend to, flame. Completion combustion devices but do not include, the local distribu- as defined in this section are not con- tion company custody transfer station. sidered flares.

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Flow line means a pipeline used to perature and pressure that is produced transport oil and/or gas to a processing from a volume of oil when depressur- facility or a mainline pipeline. ized to standard temperature and pres- Flowback means the process of allow- sure. ing fluids and entrained solids to flow Greenfield site means a site, other from a well following a treatment, ei- than a natural gas processing plant, ther in preparation for a subsequent which is entirely new construction. phase of treatment or in preparation Natural gas processing plants are not for cleanup and returning the well to considered to be greenfield sites, even production. The term flowback also if they are entirely new construction. means the fluids and entrained solids Hydraulic fracturing means the proc- that emerge from a well during the ess of directing pressurized fluids con- flowback process. The flowback period taining any combination of water, begins when material introduced into proppant, and any added chemicals to the well during the treatment returns penetrate tight formations, such as to the surface following hydraulic frac- shale or coal formations, that subse- turing or refracturing. The flowback quently require high rate, extended period ends when either the well is flowback to expel fracture fluids and shut in and permanently disconnected solids during completions. from the flowback equipment or at the Hydraulic refracturing means con- startup of production. The flowback pe- ducting a subsequent hydraulic frac- riod includes the initial flowback stage turing operation at a well that has pre- and the separation flowback stage. viously undergone a hydraulic frac- Fugitive emissions component means turing operation. any component that has the potential In light liquid service means that the to emit fugitive emissions of methane piece of equipment contains a liquid or VOC at a well site or compressor that meets the conditions specified in station, including but not limited to § 60.485a(e) or § 60.5401a(f)(2). valves, connectors, pressure relief de- In wet gas service means that a com- vices, open-ended lines, flanges, covers pressor or piece of equipment contains and closed vent systems not subject to or contacts the field gas before the ex- § 60.5411a, thief hatches or other open- traction step at a gas processing plant ings on a controlled storage vessel not process unit. subject to § 60.5395a, compressors, in- Initial flowback stage means the pe- struments, and meters. Devices that riod during a well completion oper- vent as part of normal operations, such ation which begins at the onset of as natural gas-driven pneumatic con- flowback and ends at the separation trollers or natural gas-driven pumps, flowback stage. are not fugitive emissions components, Intermediate hydrocarbon liquid means insofar as the natural gas discharged any naturally occurring, unrefined pe- from the device’s vent is not considered troleum liquid. a fugitive emission. Emissions origi- Intermittent/snap-action pneumatic con- nating from other than the vent, such troller means a pneumatic controller as the thief hatch on a controlled stor- that is designed to vent non-continu- age vessel, would be considered fugitive ously. emissions. Liquefied natural gas unit means a Gas processing plant process unit unit used to cool natural gas to the means equipment assembled for the ex- point at which it is condensed into a traction of natural gas liquids from liquid which is colorless, odorless, non- field gas, the fractionation of the liq- corrosive and non-toxic. uids into natural gas products, or other Liquid collection system means tank- operations associated with the proc- age and/or lines at a well site to con- essing of natural gas products. A proc- tain liquids from one or more wells or ess unit can operate independently if to convey liquids to another site. supplied with sufficient feed or raw ma- Local distribution company (LDC) cus- terials and sufficient storage facilities tody transfer station means a metering for the products. station where the LDC receives a nat- Gas to oil ratio (GOR) means the ratio ural gas supply from an upstream sup- of the volume of gas at standard tem- plier, which may be an interstate

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transmission pipeline or a local natural natural gas transmission includes the gas producer, for delivery to customers land, mains, valves, meters, boosters, through the LDC’s intrastate trans- regulators, storage vessels, mission or distribution lines. dehydrators, compressors, and their Low pressure well means a well that driving units and appurtenances, and satisfies at least one of the following equipment used for transporting gas conditions: from a production plant, delivery point (1) The static pressure at the well- of purchased gas, gathering system, head following fracturing but prior to storage area, or other wholesale source the onset of flowback is less than the of gas to one or more distribution flow line pressure at the sales meter; area(s). (2) The pressure of flowback fluid im- Nonfractionating plant means any gas mediately before it enters the flow plant that does not fractionate mixed line, as determined under § 60.5432a, is natural gas liquids into natural gas less than the flow line pressure at the products. sales meter; or Non-natural gas-driven pneumatic con- (3) Flowback of the fracture fluids troller means an instrument that is ac- will not occur without the use of artifi- tuated using other sources of power cial lift equipment. than pressurized natural gas; examples Maximum average daily throughput include solar, electric, and instrument means the earliest calculation of daily air. average throughput during the 30-day Onshore means all facilities except PTE evaluation period employing gen- those that are located in the territorial erally accepted methods. seas or on the outer continental shelf. Natural gas-driven diaphragm pump means a positive displacement pump Pneumatic controller means an auto- powered by pressurized natural gas mated instrument used for maintaining that uses the reciprocating action of a process condition such as liquid level, flexible diaphragms in conjunction pressure, delta-pressure and tempera- with check valves to pump a fluid. A ture. pump in which a fluid is displaced by a Pressure vessel means a storage vessel piston driven by a diaphragm is not that is used to store liquids or gases considered a diaphragm pump for pur- and is designed not to vent to the at- poses of this subpart. A lean glycol cir- mosphere as a result of compression of culation pump that relies on energy ex- the vapor headspace in the pressure change with the rich glycol from the vessel during filling of the pressure contactor is not considered a dia- vessel to its design capacity. phragm pump. Process unit means components as- Natural gas-driven pneumatic controller sembled for the extraction of natural means a pneumatic controller powered gas liquids from field gas, the fraction- by pressurized natural gas. ation of the liquids into natural gas Natural gas liquids means the hydro- products, or other operations associ- carbons, such as ethane, propane, bu- ated with the processing of natural gas tane, and pentane that are extracted products. A process unit can operate from field gas. independently if supplied with suffi- Natural gas processing plant (gas plant) cient feed or raw materials and suffi- means any processing site engaged in cient storage facilities for the prod- the extraction of natural gas liquids ucts. from field gas, fractionation of mixed Produced water means water that is natural gas liquids to natural gas prod- extracted from the earth from an oil or ucts, or both. A Joule-Thompson valve, natural gas production well, or that is a dew point depression valve, or an iso- separated from crude oil, condensate, lated or standalone Joule-Thompson or natural gas after extraction. skid is not a natural gas processing Qualified Professional Engineer means plant. an individual who is licensed by a state Natural gas transmission means the as a Professional Engineer to practice pipelines used for the long distance one or more disciplines of engineering transport of natural gas (excluding and who is qualified by education, processing). Specific equipment used in technical knowledge and experience to

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make the specific technical certifi- closed vent system to any enclosed por- cations required under this subpart. tion of a process that is operational Professional engineers making these where the emissions are predominantly certifications must be currently li- recycled and/or consumed in the same censed in at least one state in which manner as a material that fulfills the the certifying official is located. same function in the process and/or Reciprocating compressor means a transformed by chemical reaction into piece of equipment that increases the materials that are not regulated mate- pressure of a process gas by positive rials and/or incorporated into a prod- displacement, employing linear move- uct; and/or recovered. ment of the driveshaft. Salable quality gas means natural gas Reciprocating compressor rod packing that meets the flow line or collection means a series of flexible rings in ma- system operator specifications, regard- chined metal cups that fit around the less of whether such gas is sold. reciprocating compressor piston rod to Separation flowback stage means the create a seal limiting the amount of period during a well completion oper- compressed natural gas that escapes to ation when it is technically feasible for the atmosphere, or other mechanism a separator to function. The separation that provides the same function. flowback stage ends either at the start- Recovered gas means gas recovered up of production, or when the well is through the separation process during shut in and permanently disconnected flowback. from the flowback equipment. Recovered liquids means any crude oil, Startup of production means the be- condensate or produced water recov- ginning of initial flow following the ered through the separation process end of flowback when there is contin- during flowback. uous recovery of salable quality gas Reduced emissions completion means a and separation and recovery of any well completion following fracturing or crude oil, condensate or produced refracturing where gas flowback that is water. otherwise vented is captured, cleaned, Storage vessel means a tank or other and routed to the gas flow line or col- vessel that contains an accumulation lection system, re-injected into the of crude oil, condensate, intermediate well or another well, used as an onsite hydrocarbon liquids, or produced fuel source, or used for other useful water, and that is constructed pri- purpose that a purchased fuel or raw marily of nonearthen materials (such material would serve, with no direct as wood, concrete, steel, fiberglass, or release to the atmosphere. plastic) which provide structural sup- Reduced sulfur compounds means H2S, port. A well completion vessel that re- carbonyl sulfide (COS), and carbon di- ceives recovered liquids from a well sulfide (CS2). after startup of production following Removed from service means that a flowback for a period which exceeds 60 storage vessel affected facility has days is considered a storage vessel been physically isolated and discon- under this subpart. A tank or other nected from the process for a purpose vessel shall not be considered a storage other than maintenance in accordance vessel if it has been removed from serv- with § 60.5395a(c)(1). ice in accordance with the require- Returned to service means that a stor- ments of § 60.5395a(c)(1) until such time age vessel affected facility that was re- as such tank or other vessel has been moved from service has been: returned to service. For the purposes of (1) Reconnected to the original this subpart, the following are not con- source of liquids or has been used to re- sidered storage vessels: place any storage vessel affected facil- (1) Vessels that are skid-mounted or ity; or permanently attached to something (2) Installed in any location covered that is mobile (such as trucks, railcars, by this subpart and introduced with barges or ships), and are intended to be crude oil, condensate, intermediate hy- located at a site for less than 180 con- drocarbon liquids or produced water. secutive days. If you do not keep or are Routed to a process or route to a process not able to produce records, as required means the emissions are conveyed via a by § 60.5420a(c)(5)(iv), showing that the

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vessel has been located at a site for less turing or refracturing occurring at a than 180 consecutive days, the vessel well affected facility. described herein is considered to be a Well completion vessel means a vessel storage vessel from the date the origi- that contains flowback during a well nal vessel was first located at the site. completion operation following hy- This exclusion does not apply to a well draulic fracturing or refracturing. A completion vessel as described above. well completion vessel may be a lined (2) Process vessels such as surge con- earthen pit, a tank or other vessel that trol vessels, bottoms receivers or is skid-mounted or portable. A well knockout vessels. completion vessel that receives recov- (3) Pressure vessels designed to oper- ered liquids from a well after startup of ate in excess of 204.9 kilopascals and production following flowback for a pe- without emissions to the atmosphere. riod which exceeds 60 days is consid- Sulfur production rate means the rate ered a storage vessel under this sub- of liquid sulfur accumulation from the part. sulfur recovery unit. Well site means one or more surface Sulfur recovery unit means a process sites that are constructed for the drill- device that recovers element sulfur from acid gas. ing and subsequent operation of any oil Surface site means any combination well, natural gas well, or injection of one or more graded pad sites, gravel well. For purposes of the fugitive emis- pad sites, foundations, platforms, or sions standards at § 60.5397a, well site the immediate physical location upon also means a separate tank battery which equipment is physically affixed. surface site collecting crude oil, con- Sweetening unit means a process de- densate, intermediate hydrocarbon liq- vice that removes hydrogen sulfide uids, or produced water from wells not and/or carbon dioxide from the sour located at the well site (e.g., central- natural gas stream. ized tank batteries). Total Reduced Sulfur (TRS) means the Wellhead means the piping, casing, sum of the sulfur compounds hydrogen tubing and connected valves protruding sulfide, methyl mercaptan, dimethyl above the earth’s surface for an oil and/ sulfide, and dimethyl disulfide as meas- or natural gas well. The wellhead ends ured by Method 16 of appendix A–6 of where the flow line connects to a well- this part. head valve. The wellhead does not in- Total SO2 equivalents means the sum clude other equipment at the well site of volumetric or mass concentrations except for any conveyance through of the sulfur compounds obtained by which gas is vented to the atmosphere. adding the quantity existing as SO2 to Wildcat well means a well outside the quantity of SO2 that would be ob- known fields or the first well drilled in tained if all reduced sulfur compounds an oil or gas field where no other oil were converted to SO (ppmv or kg/ 2 and gas production exists. dscm (lb/dscf)). Underground storage vessel means a § 60.5432a How do I determine wheth- storage vessel stored below ground. er a well is a low pressure well Well means a hole drilled for the pur- using the low pressure well equa- pose of producing oil or natural gas, or tion? a well into which fluids are injected. (a) To determine that your well is a Well completion means the process low pressure well subject to that allows for the flowback of petro- § 60.5375a(f), you must determine leum or natural gas from newly drilled whether the characteristics of the well wells to expel drilling and reservoir are such that the well meets the defini- fluids and tests the reservoir flow characteristics, which may vent produced tion of low pressure well in § 60.5430a. hydrocarbons to the atmosphere via an To determine that the well meets the open pit or tank. definition of low pressure well in Well completion operation means any § 60.5430a, you must use the low pres- well completion with hydraulic frac- sure well equation below:

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Where: (7) ro is the density of oil in the well, ex-

(1) PL is the pressure of flowback fluid imme- pressed in pounds mass per cubic feet diately before it enters the flow line, ex- (lbm/cu ft). pressed in pounds force per square inch (psia), and is to be calculated using the (b) You must determine the four val- equation above; ues in paragraphs (a)(4) through (7) of (2) PR is the pressure of the reservoir con- this section, using the calculations in taining oil, gas, and water at the well paragraphs (b)(1) through (b)(15) of this site, expressed in psia; section. (3) Lis the true vertical depth of the well, ex- (1) Determine the value of the bot- pressed in feet (ft); tom hole pressure, P (psia), based on (4) qo is the flow rate of oil in the well, ex- BH pressed in cubic feet/second (cu ft/sec); available information at the well site, (5) qg is the flow rate of gas in the well, ex- or by calculating it using the reservoir pressed in cu ft/sec; pressure, PR (psia), in the following (6) qw is the flow rate of water in the well, ex- equation: pressed in cu ft/sec;

(2) Determine the value of the bot- would result from a separator pressure tom hole temperature, TBH (F), based of 100 psig, ggs, using the following on available information at the well equation with: Separator at standard site, or by calculating it using the true conditions (pressure, p = 14.7 (psia), vertical depth of the well, L (ft), in the temperature, T = 60 (F)); the oil API following equation: gravity at the well site, g0; and the gas TBH (F) = (0.014 × L) + 79.081 specific gravity at the separator under (3) Calculate the value of the applica- standard conditions, ggp = 0.75: ble natural gas specific gravity that

(4) Calculate the value of the applica- mined in (b)(2) of this section; the gas ble dissolved GOR, Rs (scf/STBO), using gravity at separator pressure of 100 the following equation with: The bot- psig, ggs, calculated in (b)(3) of this sec- tom hole pressure, PBH (psia), deter- tion; the oil API gravity, go, at the well mined in (b)(1) of this section; the bot- site; and the constants, C1, C2, and C3, tom hole temperature, TBH (F), deter- found in Table A:

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TABLE A—COEFFICIENTS FOR THE CORRELATION bottom hole temperature, TBH (F), de- FOR Rs termined in paragraph (b)(2) of this section; the gas gravity at separator pres- Constant gAPI ≤ 30 gAPI > 30 sure of 100 psig, ggs, calculated in para- C1 ...... 0.0362 0.0178 graph (b)(3) of this section; the dis- C2 ...... 1.0937 1.1870 C3 ...... 25.7240 23.931 solved GOR, Rs (scf/STBO), calculated in paragraph (b)(4) of this section; the (5) Calculate the value of the oil for- oil API gravity, go, at the well site; and mation volume factor, Bo (bbl/STBO), the constants, C1, C2, and C3, found in using the following equation with: the Table B:

TABLE B—COEFFICIENTS FOR THE CORRELATION (6) Calculate the density of oil at the FOR Bo wellhead,

Con- ≤ stant gAPI 30 gAPI > 30

C1 ...... 4.677 × 10 ¥4 4.670 × 10 ¥4 C2 ...... 1.751 × 10 ¥5 1.100 × 10 ¥5 using the following equation with the C3 ...... ¥1.811 × 10 ¥8 1.337 × 10 ¥9 value of the oil API gravity, go, at the well site: R03JN16.305

(7) Calculate the density of oil at bot- Bo (bbl/STBO), calculated in paragraph tom hole conditions, (b)(5) of this section; the oil density at the wellhead,

using the following equation with: the calculated in paragraph (b)(6) of this dissolved GOR, Rs (scf/STBO), cal- section; and the dissolved gas gravity, culated in paragraph (b)(4) of this sec- = 0.77: tion; the oil formation volume factor, ggd

(8) Calculate the density of oil in the well,

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using the following equation with the density of oil at the wellhead,

calculated in paragraph (b)(7) of this section: calculated in paragraph (b)(6) of this section; and the density of oil at bottom hole conditions,

(9) Calculate the oil flow rate, qo (cu graph (b)(5) of this section; and the es- ft/sec,) using the following equation timated oil production rate at the well with: the oil formation volume factor, head, Qo (STBO/day): Bo (bbl/STBO), as calculated in para-

¥ ¥ ¥ (10) Calculate the critical pressure, Pc(psia) = 678 50 · (gg 0.5) 206.7 · XN2 + 440 · X + 606.7 · X Pc (psia), and critical temperature, Tc CO2 H2S T (R) = 326 + 315.7 · (g ¥ 0.5) ¥ 240 · X ¥ 88.3 (R), using the equations below with: c g N2 · XCO + 133.3 · X Gas gravity at standard conditions 2 H2S (pressure, P = 14.7 (psia), temperature, (11) Calculate reduced pressure, Pr, T = 60 (F)), g = 0.75; and where the mole and reduced temperature, Tr, using the fractions of nitrogen, carbon dioxide following equations with: the bottom hole pressure, PBH, as determined in and hydrogen sulfide in the gas are XN 2 paragraph (b)(1) of this section; the = 0.168225, XCO2 = 0.013163, and XH2S = 0.013680, respectively: bottom hole temperature, TBH (F), as determined in paragraph (b)(2) of this section in the following equations:

(12)(i) Calculate the gas compress- calculated in paragraph (b)(11) of this ibility factor, Z, using the following section: equation with the reduced pressure, Pr,

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(ii) The values for A, B, C, D in the duced pressure, Pr, and reduced tem- above equation, are calculated using perature, Tr, calculated in paragraph the following equations with the re- (b)(11) of this section:

(13) Calculate the gas formation vol- using the bottom hole pressure, PBH ume factor, (psia), as determined in paragraph (b)(1) of this section; and the bottom hole temperature, TBH (F), as determined in paragraph (b)(2) of this section:

(14) Calculate the gas flow rate, calculated in paragraph (b)(13) of this section; the estimated gas production rate, Qg (scf/day); the estimated oil production rate, Qo (STBO/day); and using the following equation with: the the dissolved GOR, Rs (scf/STBO), as value of gas formation volume factor, calculated in paragraph (b)(4) of this section:

(15) Calculate the flow rate of water lowing equation with the water produc- in the well, qw (cu ft/sec), using the fol- tion rate Qw (bbl/day) at the well site:

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§§ 60.5433a–60.5439a [Reserved]

TABLE 1 TO SUBPART OOOOa OF PART 60—REQUIRED MINIMUM INITIAL SO2 EMISSION REDUCTION EFFICIENCY (Zi)

Sulfur feed rate (X), LT/D H2S content of acid gas (Y), % 2.0 < X < 5.0 5.0 < X < 15.0 15.0 < X < 300.0 X > 300.0

Y > 50 ...... 79.0 88.51X0.0101Y0.0125 or 99.9, whichever is smaller.

20 < Y < 50 ...... 79.0 88.51X0.0101Y0.0125 or 97.9, whichever is smaller 97.9

10 < Y < 20 ...... 79.0 88.51X0.0101Y0.0125 or 93.5, 93.5 93.5 whichever is smaller.

Y < 10 ...... 79.0 79.0 79.0 79.0

TABLE 2 TO SUBPART OOOOa OF PART 60—REQUIRED MINIMUM SO2 EMISSION REDUCTION EFFICIENCY (Zc)

Sulfur feed rate (X), LT/D H2S content of acid gas (Y), % 2.0 < X < 5.0 5.0 < X < 15.0 15.0 < X < 300.0 X > 300.0

Y > 50 ...... 74.0 85.35X0.0144Y0.0128 or 99.9, whichever is smaller.

20 < Y < 50 ...... 74.0 85.35X0.0144Y0.0128 or 97.5, whichever is smaller 97.5

10 < Y < 20 ...... 74.0 85.35X0.0144Y0.0128 or 90.8, 90.8 90.8 whichever is smaller.

Y < 10 ...... 74.0 74.0 74.0 74.0

X = The sulfur feed rate from the sweet- pressed as percent carried to one decimal

ening unit (i.e., the H2S in the acid gas), ex- place. Zi refers to the reduction efficiency re- pressed as sulfur, Mg/D(LT/D), rounded to quired at the initial performance test. Zc re- one decimal place. fers to the reduction efficiency required on a Y = The sulfur content of the acid gas from continuous basis after compliance with Zi the sweetening unit, expressed as mole per- has been demonstrated. cent H2S (dry basis) rounded to one decimal As stated in § 60.5425a, you must comply place. with the following applicable General Provi- Z = The minimum required sulfur dioxide sions: (SO2) emission reduction efficiency, ex-

TABLE 3 TO SUBPART OOOOa OF PART 60—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART OOOOa

General provisions citation Subject of citation Applies to subpart? Explanation

§ 60.1 ...... General applicability of the General Yes Provisions. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.5430a. § 60.3 ...... Units and abbreviations ...... Yes § 60.4 ...... Address ...... Yes § 60.5 ...... Determination of construction or Yes modification. § 60.6 ...... Review of plans ...... Yes

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General provisions citation Subject of citation Applies to subpart? Explanation

§ 60.7 ...... Notification and record keeping ...... Yes ...... Except that § 60.7 only applies as specified in § 60.5420a(a). § 60.8 ...... Performance tests ...... Yes ...... Performance testing is required for control devices used on storage vessels, centrifugal compressors and pneumatic pumps. § 60.9 ...... Availability of information ...... Yes § 60.10 ...... State authority ...... Yes § 60.11 ...... Compliance with standards and No ...... Requirements are specified in sub- maintenance requirements. part OOOOa. § 60.12 ...... Circumvention ...... Yes § 60.13 ...... Monitoring requirements ...... Yes ...... Continuous monitors are required for storage vessels. § 60.14 ...... Modification ...... Yes ...... To the extent any provision in § 60.14 conflicts with specific provisions in subpart OOOOa, it is superseded by subpart OOOOa provisions. § 60.15 ...... Reconstruction ...... Yes ...... Except that § 60.15(d) does not apply to wells, pneumatic controllers, pneumatic pumps, centrifugal compressors, reciprocating compressors or storage vessels. § 60.16 ...... Priority list ...... Yes § 60.17 ...... Incorporations by reference ...... Yes § 60.18 ...... General control device and work Yes practice requirements. § 60.19 ...... General notification and reporting re- Yes quirement.

Subpart PPPP [Reserved] (1) Affected residential hydronic heaters, forced-air furnaces or other central heaters manufactured in the Subpart QQQQ—Standards of Per- United States for export are exempt formance for New Residential from the applicable emission limits of Hydronic Heaters and Forced- § 60.5474 and the requirements of Air Furnaces § 60.5475. (2) Affected residential hydronic SOURCE: 80 FR 13715, Mar. 16, 2015, unless heaters, forced-air furnaces or other otherwise noted. central heaters used for research and development purposes that are never § 60.5472 Am I subject to this subpart? offered for sale or sold and that are not (a) You are subject to this subpart if used to provide heat are exempt from you manufacture, sell, offer for sale, the applicable emission limits of import for sale, distribute, offer to dis- § 60.5474 and the requirements of tribute, introduce or deliver for intro- § 60.5475. No more than 12 affected residential central heaters manufactured duction into commerce in the United per model line may be exempted for States, or install or operate a residen- this purpose. tial hydronic heater, forced-air furnace (3) Appliances that do not burn wood or other central heater manufactured or wood pellets or wood chips (such as on or after May 15, 2015, except as pro- coal-only central heaters that meet the vided in paragraph (c) of this section. definition in § 60.5473 or corn-only cen- (b) Each residential hydronic heater, tral heaters) are exempt from the ap- forced-air furnace or other central plicable emission limits of § 60.5474 and heater must comply with the provi- the requirements of § 60.5475 provided sions of this subpart unless exempted that all advertising and warranties under paragraphs (b)(1) through (b)(3) clearly denote that wood burning is of this section. These exemptions are prohibited in these appliances. determined by rule applicability and do (c) The following are not affected not require additional EPA notifica- central heaters and are not subject to tion or public notice. this subpart:

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(1) Residential wood heaters subject Commercial owner means any person to subpart AAA of this part. who owns or controls a residential (2) Residential masonry heaters as hydronic heater, forced-air furnace or defined in § 60.5473. other affected central heater in the course of the business of the manufac- § 60.5473 What definitions must I ture, importation, distribution, or sale know? of the unit. As used in this subpart, all terms not Large residential forced-air furnace defined herein have the same meaning means a residential forced-air furnace given them in the Clean Air Act and that is capable of a heat output of subpart A of this part. 65,000 BTU per hour or greater. Approved test laboratory means a test Manufactured means completed and laboratory that is approved for central ready for shipment (whether or not as- heater certification testing under sembled or packaged) for purposes of § 60.5477 or is an independent third- determining the date of manufacture. party test laboratory that is accredited Manufacturer means any entity that under ISO–IEC Standard 17025 to per- constructs or imports into the United form testing using the test methods States a central heater. specified in § 60.5476 by an accreditation Model line means all central heaters body that is a full member signatory to offered for sale by a single manufac- the International Laboratory Accredi- turer that are similar in all material tation Cooperation Mutual Recognition respects that would affect emissions as Arrangement and approved by the EPA defined in this section. for conducting testing under this subpart. Particulate matter (PM) means total particulate matter including coarse Catalytic combustor means a device coated with a noble metal used in a particulate (PM10) and fine particulate wood heater to lower the temperature (PM2.5). required for combustion. Pellet fuel means refined and densified Central heater means a fuel-burning solid wood shaped into small pellets or device designed to burn wood or wood briquettes that are uniform in size, pellet fuel that warms spaces other shape, moisture, density and energy than the space where the device is lo- content. cated, by the distribution of air heated Representative affected wood or central by the furnace through ducts or liquid heater means an individual heater that heated in the device and distributed is similar in all material respects that typically through pipes. Unless other- would affect emissions as defined in wise specified, these devices include, this section to other heaters within the but are not limited to, residential model line it represents. forced-air furnaces (small and large) Residential forced-air furnace means a and residential hydronic heaters. fuel burning device designed to burn Chip wood fuel means wood chipped wood or wood pellet fuel that warms into small pieces that are uniform in spaces other than the space where the size, shape, moisture, density and en- furnace is located, by the distribution ergy content. of air heated by the furnace through Coal-only hydronic heater or forced-air ducts. furnace means an enclosed, coal-burn- Residential hydronic heater means a ing appliance capable of space heating fuel burning device designed to burn or domestic water heating that has all wood or wood pellet fuel for the pur- of the following characteristics: pose of heating building space and/or (1) Installation instructions, owner’s water through the distribution, typi- manual and marketing information cally through pipes, of a fluid heated in that state that the use of wood in the the device, typically water or a water appliance, except for coal ignition pur- and antifreeze mixture. poses, is prohibited by law; and Residential masonry heater means a (2) The model is listed by a nation- factory-built or site-built wood-burn- ally recognized safety-testing labora- ing device in which the heat from tory for coal use only, except for coal intermittent fires burned rapidly in the ignition purposes. firebox is stored in the refractory mass

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for slow release to building spaces. Ma- Valid certification test means a test sonry heaters are site-built (using local that meets the following criteria: materials or a combination of local (1) The Administrator was notified materials and manufactured compo- about the test in accordance with nents) or site-assembled (using factory- § 60.5476(h); built components), solid fuel-burning (2) The test was conducted by an ap- heating appliances constructed mainly proved test laboratory as defined in of refractory materials (e.g., masonry this section; materials or soapstone. They typically (3) The test was conducted on a cen- have an interior construction con- tral heater similar in all material re- sisting of a firebox and heat exchange spects that would affect emissions as channels built from refractory compo- defined in this section to other central nents, through which flue gases are heaters of the model line that is to be routed. ASTM E1602 ‘‘Standard Guide certified; and for Construction of Solid Fuel Burning (4) The test was conducted in accord- Masonry Heaters’’ provides design and ance with the test methods and proce- construction information for the range dures specified in § 60.5476. of masonry heaters most commonly Wood heater under this subpart means built in the United States. The site-as- an enclosed, wood burning-appliance sembled models are generally listed to capable of and intended for residential UL–1482. central heating or central heating and Sale means the transfer of ownership domestic water heating. Unless other- or control, except that a transfer of wise specified, these devices include, control of an affected central heater but are not limited to, hydronic heat- for research and development purposes ers and forced-air furnaces. within the scope of § 60.5472(b)(2) is not a sale. § 60.5474 What standards and require- Similar in all material respects that ments must I meet and by when? would affect emissions means that the (a) Standards. Unless exempted under construction materials, exhaust and § 60.5472, no person is permitted to: inlet air system, and other design fea- (1) On or after May 15, 2015, manufactures are within the allowed tolerances ture, import into the United States or for components identified in sell at retail a residential hydronic § 60.5475(k). heater unless it has been certified to Small residential forced-air furnace meet the 2015 particulate matter emis- means a residential forced-air furnace sion limits in paragraph (b)(1) of this that is only capable of a maximum section, except that a residential heat output of less than 65,000 BTU per hydronic heater that was manufac- hour. tured on or before May 15, 2015 may be Sold at retail means the sale by a imported into the United States and/or commercial owner of a central heater sold at retail on or before December 31, to the ultimate purchaser/user or non- 2015. commercial purchaser. (2) On or after May 15, 2020 manufac- Third-party certifier (sometimes called ture or sell at retail a residential third-party certifying body or product hydronic heater unless it has been cer- certifying body) means an independent tified to meet the 2020 particulate mat- third party that is accredited under ter emission limit in paragraph (b)(2) ISO–IEC Standards 17025 and 17065 to or (b)(3) of this section. perform certifications, inspections and (3) On or after May 15, 2015, manufac- audits by an accreditation body that is ture or sell at retail a residential a full member signatory to the Inter- forced-air furnace unless it complies national Laboratory Accreditation Co- with the work practice and operating operation Mutual Recognition Ar- standards in paragraphs (d), (e), (f) and rangement and approved by the EPA (g) of this section and the owner’s man- for conducting certifications, inspec- ual requirements in appendix I. tions and audits under this subpart. (4) On or after May 16, 2016, manufac- Unseasoned wood means wood with an ture or sell at retail a small residential average moisture content of 20 percent forced-air furnace unless it has been or more. certified to meet the 2016 particulate

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matter emission limits in paragraph § 60.5476 or cord wood test methods ap- (b)(4) of this section proved by the Administrator. (5) On or after May 15, 2017 manufac- (c) [Reserved] ture or sell at retail a large forced-air (d) Chip wood fuel requirements. Opera- furnace unless it has been certified to tors of wood central heaters, including meet the 2017 particulate matter emis- hydronic heaters and forced-air fur- sion limits in paragraph (b)(5) of this naces, that are certified to burn chip section. wood fuels may only burn wood chips (6) On or after May 15, 2020 manufac- that have been specified in the owner’s ture or sell at retail a small or large manual. The chip wood fuel must meet residential forced-air furnace unless it the following minimum requirements: has been certified to meet the 2020 par- (1) Moisture content: Less than 35 ticulate matter emission limit in para- percent, graph (b)(6) of this section. (2) Inorganic fines: Less than or equal (b)(1) 2015 residential hydronic heater to 1 percent; particulate matter emission limit: A (3) Chlorides: Less than or equal to weighted average of 0.32 lb/mmBtu 300 parts per million by weight; (0.137 g/MJ) heat output and a max- (4) Ash content: No more than 2 per- imum per individual burn rate of 18.0 g/ cent; hr (0.041 lb/hr) as determined by the (5) No demolition or construction waste; and test methods and procedures in § 60.5476 (6) Trace metals: Less than 100 mg/ or an alternative crib wood or cord kg. wood test method approved by the Ad- (e) Pellet fuel requirements. Operators ministrator. of wood central heaters, including out- (2) 2020 residential hydronic heater door residential hydronic heaters, in- particulate matter emission limit: 0.10 door residential hydronic heaters, and lb/mmBtu (0.026 g/MJ) heat output per residential forced-air furnaces, that are individual burn rate as determined by certified to burn pellet fuels may burn the crib wood test methods and proce- only pellets that have been specified in dures in § 60.5476 or an alternative crib the owner’s manual and graded under a wood test method approved by the Ad- licensing agreement with a third-party ministrator . organization approved by the EPA (in- (3) 2020 residential hydronic heater cluding a certification by the third- cord wood alternative compliance op- party organization that the pellets do tion for particulate matter emission not contain, and are not manufactured limit: 0.15 lb/mmBtu (0.026 g/MJ) heat from, any of the prohibited fuels in output per individual burn rate as de- paragraph (f) of this section). The Pel- termined by the cord wood test meth- let Fuels Institute, ENplus, and ods and procedures in § 60.5476 or an al- CANplus are initially deemed to be ap- ternative cord wood test method approved third-party organizations for proved by the Administrator. this purpose, and additional organiza- (4) 2016 small forced-air furnace par- tions may apply to the Administrator ticulate matter emission limit: A for approval. weighted average of 0.93 lb/mmBtu (0.40 (f) Prohibited fuel types. No person is g/MJ) heat output as determined by the permitted to burn any of the following test methods and procedures in materials in an outdoor residential § 60.5476. hydronic heater, indoor residential (5) 2017 large forced-air furnace par- hydronic heater, residential forced-air ticulate matter emission limit: A furnace or other affected central heat- weighted average of 0.93 lb/mmBtu (0.40 er: g/MJ) heat output as determined by the (1) Residential or commercial gar- test methods and procedures in bage; § 60.5476. (2) Lawn clippings or yard waste; (6) 2020 forced-air furnace particulate (3) Materials containing rubber, in- matter emission limit: 0.15 lb/mmBtu cluding tires; (0.026 g/MJ) heat output per individual (4) Materials containing plastic; burn rate as determined by the cord (5) Waste petroleum products, paints wood test methods and procedures in or paint thinners, or asphalt products;

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(6) Materials containing asbestos; ance with applicable emission stand- (7) Construction or demolition debris; ards of § 60.5474 must be determined (8) Paper products; cardboard, ply- based on testing of representative af- wood or particleboard. The prohibition fected central heaters within the model against burning these materials does line. If one entity licenses a model line not prohibit the use of fire starters to another entity, each entity’s model made from paper, cardboard, saw dust, line must be certified. If an entity in- wax and similar substances for the pur- tends to change the name of the entity pose of starting a fire in an affected or the name of the model, the manufac- central heater; turer must apply for a new certifi- (9) Railroad ties or pressure treated cation 60 days before making the lumber; change. (10) Manure or animal remains; (2) The manufacturer of each model (11) Salt water driftwood or other or line must submit the information re- other previously salt water saturated quired in paragraph (b) of this section materials; and follow either the certification (12) Unseasoned wood; process in paragraphs (c) through (e) of (13) Any materials that are not in- this section (for forced-air furnaces) or cluded in the warranty and owner’s the certification procedure specified in manual for the subject heater or fur- paragraph (f) of this section. nace; or (3) Models qualified as meeting the (14) Any materials that were not in- Phase 2 emission levels under the 2011 cluded in the certification tests for the EPA hydronic heater partnership subject heater or furnace. agreement are automatically deemed (g) Operation of affected wood heaters. to have a certificate of compliance for A user must operate an outdoor resi- the 2015 particulate matter emission dential hydronic heater, indoor resi- standards and be valid until the effec- dential hydronic heater, residential tive date for the 2020 particulate mat- forced-air furnace or other affected ter emission standards. central heater in a manner consistent (4) Models certified by the New York with the owner’s manual. The owner’s State Department of Environment and manual must clearly specify that oper- Conservation to meet the emission lev- ation in a manner inconsistent with els in § 60.5474(b) are automatically the owner’s manual would void the deemed to have a certificate of compli- warranty. ance for the 2015 particulate matter (h) Temperature sensor requirement. An emission standards and be valid until affected wood heater equipped with a the effective date for the 2020 particu- catalytic combustor must be equipped late matter emission standards. with a temperature sensor that can (5) Models approved by the New York monitor combustor gas stream tem- State Energy Research and Develop- peratures within or immediately down- ment Authority under the Renewable stream [within 2.54 centimeters (1 Heat New York (RHNY) Biomass Boiler inch)] of the catalytic combustor sur- Program are automatically deemed to face. have a certificate of compliance for the [80 FR 13715, Mar. 16, 2015, as amended at 85 2015 particulate matter emission stand- FR 18455, Apr. 2, 2020] ards and be valid until the effective date for the 2020 particulate matter § 60.5475 What compliance and certifi- emission standards provided that they cation requirements must I meet comply with the thermal storage re- and by when? quirements in the RHNY program. (a) Certification requirement. (1) Each (6) Small forced-air furnace models affected residential hydronic heater, that are certified under CSA B415.1–10 forced-air furnace and other central (IBR, see § 60.17), by an EPA approved heater must be certified to be in com- third-party certifier, to meet the 2016 pliance with the applicable emission particulate matter emission level will standards and other requirements of be automatically deemed to have a cer- this subpart. For each model line man- tificate of compliance for the 2016 par- ufactured or sold by a single entity, ticulate matter emission standards and e.g., company or manufacturer, compli- be valid until the effective date for the

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2020 particulate matter emission stand- terial different from the material used ards. for the firebox or firebox component in (7) Large forced-air furnace models the central heater on which certifi- that are certified under CSA B415.1–10 cation testing was performed and a de- (IBR, see § 60.17), by an EPA approved scription of any such differences and third-party certifier, to meet the 2017 demonstration that any such dif- particulate matter emission level will ferences may not reasonably be antici- be automatically deemed to have a cer- pated to adversely affect emissions or tificate of compliance for the 2017 par- efficiency. ticulate matter emission standards and (4) Clear identification of any be valid until the effective date of the claimed confidential business informa- 2020 particulate matter emission stand- tion (CBI). Submit such information ards. under separate cover to the EPA CBI (b) Application for a certificate of com- Office; Attn: Residential Wood Heater pliance. Any manufacturer of an af- Compliance Program Lead, 1200 Penn- fected residential hydronic heater or sylvania Ave. NW., Washington, DC forced-air furnace or other central 20004. Note that all emissions data, in- heater must apply to the Adminis- cluding all information necessary to trator for a certificate of compliance determine emission rates in the format for each model line. The application of the standard, cannot be claimed as must be submitted to: CBI. [email protected]. The appli- (5) All documentation pertaining to a cation must be signed by a responsible valid certification test, including the representative of the manufacturer or complete test report and, for all test an authorized representative and must contain the following: runs: Raw data sheets, laboratory tech- (1) The model name and/or design nician notes, calculations and test re- number. The model name and/or design sults. Documentation must include the number must clearly distinguish one items specified in the applicable test model from another. The name and/or methods. Documentation must include design number cannot include the EPA discussion of each test run and its ap- symbol or logo or name or derivatives propriateness and validity, and must such as ‘‘EPA.’’ include detailed discussion of all anom- (2) Engineering drawings and speci- alies, whether all burn rate categories fications of components that may af- were achieved, any data not used in the fect emissions (including specifications calculations and, for any test runs not for each component listed in paragraph completed, the data collected during (k) of this section). Manufacturers may the test run and the reason(s) that the use assembly or design drawings that test run was not completed. The docu- have been prepared for other purposes, mentation must show that the burn but must designate on the drawings the rate for the low burn rate category is dimensions of each component listed in no greater than the rate that an oper- paragraph (k) of this section. Manufac- ator can achieve in home use and no turers must identify dimensions of greater than is advertised by the man- components listed in paragraph (k)(2) ufacturer or retailer. The test report of this section that are different from must include a summary table that those specified in that paragraph, and clearly presents the individual and show that such differences cannot rea- overall emission rates, efficiencies and sonably be anticipated to cause central heat outputs. Submit the test report heaters in the model line to exceed the and all associated required information applicable emission limits. The draw- according to the procedures for elec- ings must identify how the emission tronic reporting specified in § 60.5479(f). critical parts, such as air tubes and (6) A copy of the warranties for the catalyst, can be readily inspected and model line, which must include a state- replaced. ment that the warranties are void if (3) A statement whether the firebox the unit is used to burn materials for or any firebox component (including which the unit is not certified by the the materials listed in paragraph (k)(3) EPA and void if not operated according of this section) will be composed of ma- to the owner’s manual.

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(7) A statement that the manufac- ical address, telephone number and turer will conduct a quality assurance email address. program for the model line that satis- (c) Administrator approval process. (1) fies the requirements of paragraph (m) The Administrator may issue a certifi- of this section. cate of compliance for a model line if (8) A statement describing how the the Administrator determines, based tested unit was sealed by the labora- on all information submitted by the tory after the completion of certifi- applicant and any other relevant infor- cation testing and asserting that such mation available, that: unit will be stored by the manufacturer (i) A valid certification test dem- in the sealed state until 5 years after onstrates that the representative af- the certification test. fected central heater complies with the (9) Statements that the central heat- applicable emission standards in er manufactured under this certificate § 60.5474; will be— (ii) Any tolerances or materials for (i) Similar in all material respects components listed in paragraph (k)(2) that would affect emissions as defined or (3) of this section that are different in this subpart to the central heater from those specified in those para- submitted for certification testing, and graphs may not reasonably be antici- (ii) Labeled as prescribed in § 60.5478. pated to cause central heaters in the model line to exceed the applicable (iii) Accompanied by an owner’s man- emission limits; and ual that meets the requirements in (iii) The requirements of paragraph § 60.5478. In addition, a copy of the own- (b) of this section have been met. er’s manual must be submitted to the (2) The Administrator will deny cer- EPA and be available to the public on tification if the Administrator deter- the manufacturer’s Web site. mines that the criteria in paragraph (10) A statement that the manufac- (c)(1) of this section have not been sat- turer has entered into contracts with isfied. Upon denying certification an approved laboratory and an ap- under this paragraph, the Adminis- proved third-party certifier that sat- trator will give written notice to the isfy the requirements of paragraph (f) manufacturer setting forth the basis of this section. for this determination. (11) A statement that the approved (d) Level of compliance certification. laboratory and approved third-party The Administrator will issue the cer- certifier are allowed to submit infor- tificate of compliance for the most mation on behalf of the manufacturer, stringent particulate matter emission including any claimed to be CBI. standard that the tested representative (12) A statement that the manufac- central heater meets under § 60.5474. turer will place a copy of the certifi- (e) Conditional, temporary certificate of cation test report and summary on the compliance. A conditional, temporary manufacturer’s Web site available to certificate of compliance with the Step the public within 30 days after the Ad- 1 p.m. emission standards may be ministrator issues a certificate of com- granted by the Administrator until pliance. May 16, 2016 for small or large forced- (13) A statement of acknowledgment air furnaces based on the manufactur- that the certificate of compliance can- er’s submittal of a complete certifi- not be transferred to another manufac- cation application meeting all require- turer or model line without written ap- ments in § 60.5475(b). The application proval by the Administrator. must include the full test report by an (14) A statement acknowledging that EPA-approved laboratory and all re- it is unlawful to sell, distribute, or quired compliance statements by the offer to sell or distribute an affected manufacturer with the exception of a wood heater without a valid certificate certificate of conformity by an EPA of compliance. approved third-party certifier. The con- (15) Contact information for the re- ditional, temporary approval would sponsible representative of the manu- allow early marketing of forced-air fur- facturer and all authorized representa- naces as having a conditional, tem- tives, including name, affiliation, phys- porary certificate of compliance with

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the Step 1 p.m. emission standards priate guidelines: The test report is until May 16, 2016 or until the Adminis- complete and accurate; the instrumen- trator completes the review of the ap- tation used for the test was properly plication, whichever is earlier. calibrated; the test report shows that (f) Third-party certifier-based applica- the representative affected central tion process. (1) Any manufacturer of an heater meets the applicable emission affected central heater must apply to limits specified in § 60.5474; and the the Administrator for a certificate of quality assurance plan is adequate to compliance for each model line. The ensure that units within the model line manufacturer must meet the following will be similar in all material respects requirements: that would affect emissions to the cen- (i) The manufacturer must contract tral heater submitted for certification with a third-party certifier for certifi- testing, and that the affected heaters cation services. The contract must in- would meet all applicable requirements clude regular (at least annual) unan- of this subpart. nounced audits under ISO–IEC Stand- (iv) The manufacturer must then sub- ard 17065 to ensure that the manufac- mit to the Administrator an applica- turer’s quality assurance plan is being tion for a certificate of compliance implemented. The contract must also that includes the certification of con- include a report for each audit under formity, quality assurance plan, test ISO–IEC Standard 17065 that fully doc- report and all supporting documenta- uments the results of the audit. The tion specified in paragraph (b) of this contract must include authorization section. and requirement for the third-party (v) The submission also must include certifier to submit all such reports to a statement signed by a responsible of- the Administrator and the manufac- ficial of the manufacturer or author- turer within 30 days of the audit. The ized representative that the manufac- audit report must identify deviations turer has complied with and will con- from the manufacturer’s quality assur- tinue to comply with all requirements ance plan and specify the corrective ac- of this subpart for certificate of com- tions that need to be taken to address pliance and that the manufacturer re- each identified deficiency. mains responsible for compliance re- (ii) The manufacturer must submit gardless of any error by the test lab- the materials specified in paragraph (b) oratory or third-party certifier. of this section and a quality assurance (2) The Administrator will issue to plan that meets the requirements of the manufacturer a certificate of com- paragraph (m) of this section to the pliance for a model line if it is deter- third-party certifier. The quality as- mined, based on all of the information surance plan must ensure that units submitted in the application for cer- within a model line will be similar in tification and any other relevant infor- all material respects that would affect mation, that: emissions to the wood heater sub- (i) A valid certification of conformity mitted for certification testing, and it has demonstrated that the representa- must include design drawings for the tive affected central heater complies model line. with the applicable emission standards (iii) The manufacturer must apply to in § 60.5474; the third-party certifier for a certifi- (ii) Any tolerances or materials for cation of conformity with the applica- components listed in paragraph (k)(2) ble requirements of this subpart for the or (3) of this section that are different model line. from those specified in those para- (A) After testing by an approved test graphs may not be reasonably antici- laboratory is complete, certification of pated to cause central heaters in the conformity with the emission stand- model line to exceed the applicable ards in § 60.5474 must be performed by emission limits; the manufacturer’s contracted third- (iii) The requirements of paragraphs party certifier. (b) of this section have been met; and (B) The third-party certifier may cer- (iv) A valid certificate of conformity tify conformity if the emission tests for the model line has been prepared have been conducted per the appro- and submitted.

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(3) The Administrator will deny cer- procedures specified in paragraph (f) of tification if the Administrator deter- this section, or by affirming in writing mines that the criteria in paragraph that the central heaters in the model (f)(2) of this section have not been sat- line continue to be similar in all mate- isfied. Upon denying certification rial respects that would affect emis- under this paragraph, the Adminis- sions to the representative central trator will give written notice to the heater submitted for testing on which manufacturer setting forth the basis the original certificate of compliance for the determination. was based and requesting a potential (g) Waiver from submitting test results. waiver from certification testing. The An applicant for certification may application must include a copy of the apply for a potential waiver of the re- review of the draft application and ap- quirement to submit the results of a proval by the third-party certifier. certification test pursuant to para- (3) If the Administrator grants a re- graph (b) of this section, if the central newal of certification, the Adminis- heater meets either of the following conditions: trator will give written notice to the (1) The central heaters of the model manufacturer setting forth the basis line are similar in all material respects for the determination and issue a cer- that would affect emissions, as defined tification renewal. in § 60.5473 and paragraph (k) of this (4) If the Administrator denies the re- section, to another model line that has quest for a renewal of certification, the already been issued a certificate of Administrator will give written notice compliance. A manufacturer that seeks to the manufacturer setting forth the a waiver of certification testing must basis for the determination. identify the model line that has been (5) If the Administrator denies the recertified, and must submit a copy of an quest for a renewal of certification, the agreement with the owner of the design manufacturer and retailer must not permitting the applicant to produce manufacture or sell the previously-cer- central heaters of that design. tified central heaters after the expira- (2) The manufacturer has previously tion date of the certificate of compli- conducted a valid certification test to ance. demonstrate that the central heaters (j) [Reserved] of the model line meet the applicable (k) Recertification. (1) The manufac- standard specified in § 60.5474. turer must recertify a model line when- (h) Certification period. Unless re- ever any change is made in the design voked sooner by the Administrator, a submitted pursuant to paragraph (k)(2) certificate of compliance will be valid of this section that affects or is pre- for 5 years from the date of issuance or sumed to affect the particulate matter until a more stringent standard comes emission rate for that model line. The into effect, whichever is sooner. (i) Renewal of certification. (1) The manufacturer of an affected central manufacturer must renew a model heater must apply to the Adminis- line’s certificate of compliance or re- trator for potential recertification by certify the model line every 5 years, or submitting the material specified in the manufacturer may choose to no paragraph (b) of this section and fol- longer manufacture or sell that model lowing the procedures specified in line after the expiration date. If the paragraph (f) of this section or by af- manufacturer chooses to no longer firming in writing that the change will manufacture that model line, then the not cause the central heaters in the manufacturer must submit a statement model line to exceed applicable emis- to the Administrator to that effect. sion limits and requesting a waiver (2) A manufacturer of an affected res- from certification testing. The applica- idential hydronic heater or forced-air tion for recertification must be re- furnace or other central heater may viewed and approved by the contracted apply to the Administrator for poten- third-party certifier and a copy of the tial renewal of its certificate of compli- review and approval must be included. ance by submitting the material speci- The Administrator may waive this re- fied in paragraph (b) and following the quirement upon written request by the

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manufacturer, if the manufacturer pre- (3) Any change in the materials used sents adequate rationale and the Ad- for the following components is pre- ministrator determines that the sumed to affect particulate matter change may not reasonably be antici- emissions and efficiency: pated to cause central heaters in the (i) Refractory/insulation; or model line to exceed the applicable (ii) Door and catalyst bypass gaskets. emission limits. The granting of such a (4) A change in the make, model, or waiver does not relieve the manufac- composition of a catalyst is presumed turer of any compliance obligations to affect particulate matter and carbon under this subpart. monoxide emissions and efficiency, un- (2) Any change in the design toler- less the change has been requested by ances of any of the following compo- the central heater manufacturer and nents (where such components are applicable) is presumed to affect particu- has been approved in advance by the late matter and carbon monoxide emis- Administrator, based on test data that sions and efficiency if that change ex- demonstrate that the replacement cat- ceeds ±0.64 cm (±1/4 inch) for any linear alyst is equivalent to or better than dimension and ±5 percent for any cross- the original catalyst in terms of partic- sectional area relating to air introduc- ulate matter emission reduction. tion systems and catalyst bypass gaps (l) Criteria for revocation of certifi- unless other dimensions and cross-sec- cation. (1) The Administrator may re- tional areas are previously approved by voke certification of a product line if it the Administrator under paragraph is determined that the central heaters (c)(1)(ii) of this section: being manufactured or sold in that (i) Firebox: Dimensions; model line do not comply with the re- (ii) Air introduction systems: Cross- quirements of this subpart. Such a de- sectional area of restrictive air inlets termination will be based on all avail- and outlets, location and method of able evidence, including but not lim- control; ited to: (iii) Baffles: Dimensions and loca- (i) Test data from retesting of the tions; original unit on which the certification (iv) Refractory/insulation: Dimen- test was conducted on a unit that is sions and location; similar in all material respects that (v) Catalyst: Dimensions and loca- would affect emissions; tion; (ii) A finding that the certification (vi) Catalyst bypass mechanism and test was not valid. The finding will be catalyst bypass gap tolerances (when based on problems or irregularities bypass mechanism is in closed posi- with the certification test or its docu- tion): Dimensions, cross-sectional area, mentation, but may be supplemented and location; by other information; (vii) Flue gas exit: Dimensions and (iii) A finding that the labeling of the location; central heater model line or the own- (viii) Door and catalyst bypass gas- er’s manual or the associated markets: Dimensions and fit; (ix) Outer thermal shielding and keting information does not comply thermal coverings: Dimensions and lo- with the requirements of § 60.5478; cation; (iv) Failure by the manufacturer to (x) Fuel feed system: For central comply with the reporting and record- heaters that are designed primarily to keeping requirements of § 60.5479; burn wood pellet fuel or wood chips and (v) Physical examination showing other central heaters equipped with a that a significant percentage (as de- fuel feed system, the fuel feed rate, fined in the quality assurance plan ap- auger motor design and power rating, proved pursuant to paragraph (m) of and the angle of the auger to the fire- this section, but no larger than 1 per- box; and cent) of production units inspected is (xi) Forced air combustion system: not similar in all material respects For central heaters so equipped, the lo- that would affect emissions to the rep- cation and horsepower of blower mo- resentative affected central heater sub- tors and the fan blade size. mitted for certification testing; or

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(vi) Failure of the manufacturer to and to the Administrator its corrective conduct a quality assurance program actions and responses to any defi- in conformity with paragraph (m). ciencies identified in the audit report. (vii) Failure of the approved labora- No such report is required if an audit tory to test the central heater using report did not identify any defi- the methods specified in § 60.5476. ciencies. (2) Revocation of certification under (n) EPA compliance audit testing. (1)(i) this paragraph (l) of this section will The Administrator may select by writ- not take effect until the manufacturer ten notice central heaters or model concerned has been given written no- lines for compliance audit testing to tice by the Administrator setting forth determine compliance with the emis- the basis for the proposed determina- sion standards in § 60.5474. tion and an opportunity to request a (ii) The Administrator will transmit hearing under § 60.5481. a written notification of the selected (m) Quality assurance program. On or central heaters or model line(s) to the after May 16, 2016, for each certified manufacturer, which will include the model line, the manufacturer must name and address of the laboratory se- conduct a quality assurance program lected to perform the audit test and that satisfies the requirements of para- the model name and serial number of graphs (m)(1) through (5) of this sec- the central heater(s) or central heater tion. model line(s) selected to undergo audit (1) The manufacturer must prepare testing. and operate according to a quality as- (2)(i) The Administrator may test, or surance plan for each certified model direct the manufacturer to have tested, line that includes specific inspection the central heater(s) from the model and testing requirements for ensuring line(s) selected under paragraph that all units within a model line are (n)(1)(i) of this section in a laboratory similar in all material respects that approved under § 60.5477. The Adminis- would affect emissions to the central trator may select any approved test heater submitted for certification testing and meet the emissions standards laboratory or federal laboratory for in § 60.5474. this audit testing. (2) The quality assurance plan must (ii) The expense of the compliance be approved by the third-party certifier audit test is the responsibility of the as part of the certification of con- central heater manufacturer. formity process specified in paragraph (iii) The test must be conducted (f) of this section. using the same test method used to ob- (3) The quality assurance plan must tain certification. If the certification include regular (at least annual) unan- test consisted of more than one partic- nounced audits by the third-party cer- ulate matter sampling test method, the tifier under ISO–IEC Standard 17065 to Administrator may direct the manu- ensure that the manufacturer’s quality facturer and test laboratory as to assurance plan is being implemented. which of these methods to use for the (4) The quality assurance plan must purpose of audit testing. The Adminis- include a report for each audit under trator will notify the manufacturer at ISO–IEC Standard 17065 that fully doc- least 30 days prior to any test under uments the results of the audit. The this paragraph, and allow the manufac- third-party certifier must be author- turer and/or his authorized representa- ized and required to submit all such re- tives to observe the test. ports to the Administrator within 30 (3) Revocation of certification. (i) If days of the audit. The audit report emissions from a central heater tested must identify deviations from the man- under paragraph (n)(2) of this section ufacturer’s quality assurance plan and exceed the applicable emission stand- specify the corrective actions that need ard by more than 50 percent using the to be taken to address each identified same test method used to obtain cer- deficiency. tification, the Administrator will no- (5) Within 30 days after receiving tify the manufacturer that certifi- each audit report, the manufacturer cation for that model line is suspended must report to the third-party certifier effective 72 hours from the receipt of

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the notice, unless the suspension no- this section, the manufacturer may tice is withdrawn by the Adminis- submit any relevant information to the trator. The suspension will remain in Administrator, including any other effect until withdrawn by the Adminis- test data generated pursuant to this trator, or the date 30 days from its ef- subpart. The manufacturer must bear fective date if a revocation notice the expense of any additional testing. under paragraph (n)(3)(ii) of this sec- (vi) The Administrator will withdraw tion is not issued within that period, or any notice issued under paragraph the date of final agency action on rev- (n)(3)(ii) of this section if tests under ocation, whichever occurs earliest. paragraph (n)(3)(iv) of this section (ii)(A) If emissions from a central show either— heater tested under paragraph (n)(2) of (A) That exactly four additional cen- this section exceed the applicable emis- tral heaters were tested for the manu- sion limit, the Administrator will no- facturer and all four met the applicable tify the manufacturer that certifi- emission limits; or cation is revoked for that model line. (B) That exactly two additional cen- (B) A notice under paragraph tral heaters were tested for the manu- (n)(3)(ii)(A) of this section will become facturer and each of them met the ap- final and effective 60 days after the plicable emission limits and the aver- date of written notification to the age emissions of all three tested heat- manufacturer, unless it is withdrawn, a ers (the original audit heater and the hearing is requested under two additional heaters) met the appli- § 60.5481(a)(2), or the deadline for re- cable emission limits. questing a hearing is extended. (vii) If the Administrator withdraws (C) The Administrator may extend a notice pursuant to paragraph the deadline for requesting a hearing (n)(3)(vi) of this section, the Adminis- for up to 60 days for good cause. trator will revise the certification val- (D) A manufacturer may extend the ues for the model line based on the test deadline for requesting a hearing for up data and other relevant information. to 6 months, by agreeing to a voluntary The manufacturer must then revise the suspension of certification. labels and marketing information ac- (iii) Any notification under para- cordingly. graph (n)(3)(i) or (ii) of this section will (viii) The Administrator may with- include a copy of a preliminary test re- draw any proposed revocation, if the port from the approved test laboratory Administrator finds that an audit test or federal test laboratory. The test lab- failure has been rebutted by informa- oratory must provide a preliminary tion submitted by the manufacturer test report to the Administrator within under paragraph (n)(3)(iv) of this sec- 14 days of the completion of testing, if tion and/or (n)(3)(v) of this section or a central heater exceeds the applicable by any other relevant information emission limit in § 60.5474. The test lab- available to the Administrator. oratory must provide the Adminis- trator and the manufacturer, within 30 § 60.5476 What test methods and proce- days of the completion of testing, all dures must I use to determine com- documentation pertaining to the test, pliance with the standards and re- including the complete test report and quirements for certification? raw data sheets, laboratory technician Test methods and procedures speci- notes, and test results for all test runs. fied in this section or in appendices of (iv) Upon receiving notification of a this part, except as provided under test failure under paragraph (n)(3)(ii) of § 60.8(b), must be used to determine this section, the manufacturer may re- compliance with the standards and request that up to four additional central quirements for certification under heaters from the same model line be §§ 60.5474 and 60.5475 and for reporting tested at the manufacturer’s expense, carbon monoxide emissions and effi- at the test laboratory that performed ciency. The EPA will post all approved the emissions test for the Adminis- alternative test methods on the EPA trator. Web site. The manufacturer or the (v) Whether or not the manufacturer manufacturer’s authorized representa- proceeds under paragraph (n)(3)(iv) of tive must submit a summary and the

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full test report with all supporting in- (4) The manufacturer and approved formation, including detailed discus- laboratory must make the following sion of all anomalies, whether all burn adjustments to the methods listed in rate categories were properly achieved, paragraphs (a), (c)(1) and (2) of this sec- any data not used in the calculations tion: and, for any test runs not completed, (i) For ASTM E2618–13 (IBR, see the data that were collected and the § 60.17), the burn rate categories speci- reason that the test run was not com- fied in Method 28WHH must be used; pleted. The burn rate for the low burn (ii) For EN 303–5 (IBR, see § 60.17), the rate category must be no greater than organic compounds must be included as the rate that an operator can achieve part of the PM. in home use and no greater than is ad- (iii) For ASTM 2618–13 (IBR, see vertised by the manufacturer or re- § 60.17) Appendix A1 for full thermal tailer. storage certification tests, the test (a) Canadian Standards Administra- must use the large scale as required in tion (CSA) Method B415.1–10, sections the test method unless the manufac- 13.7–13.10 (IBR, see § 60.17), must be used turer requests a variance, in advance of to measure the thermal efficiency and testing, contingent upon measuring CO emissions of outdoor and indoor flue gas temperature, oxygen and CO, residential hydronic heaters and using a simple electronic spreadsheet forced-air furnaces, except that the calculator to estimate efficiency and burn rates specified in Method 28WHH conducting a comparison to the deliv- must be used for hydronic heaters. ered efficiency to determine if a more (b) Testing conducted with continu- detailed examination should be made. ously fed biomass as the fuel(s) must be (5) For particulate matter emission conducted according to the relevant concentrations measured with ASTM section of the ASTM E2618–13 (IBR, see E2515–11 (IBR, see § 60.17), four-inch fil- § 60.17) or adaptations approved by ters and Teflon membrane filters or EPA. The EPA will post all approved Teflon-coated glass fiber filters may be alternative test methods on the EPA used. Web site. (c)(1) For outdoor and indoor residen- (6) For all tests conducted using tial hydronic heaters to be tested ASTM 2515–11 (IBR, see § 60.17) pursuant under the 2015 particulate matter emis- to this section, the manufacturer and sion standards in § 60.5474(b)(1), the approved test laboratory must also manufacturer must have an EPA-ap- measure the first hour of particulate proved test laboratory use: matter emissions for each test run (i) Method 28WHH; using a separate filter in one of the two (ii) Method 28WHH PTS; parallel trains. The manufacturer and (iii) ASTM E2618–13 (IBR, see § 60.17) approved test laboratory must report (using crib wood); or the test results for the first hour sepa- (iv) EN 303–5 (IBR, see § 60.17), only rately and also include them in the for units sold with thermal storage. total particulate matter emissions per (2) For outdoor and indoor residential run. hydronic heaters to be tested under the (d)(1) For hydronic heaters subject to 2020 particulate matter emission stand- the 2020 cord wood alternative compli- ards in § 60.5474(b)(2), the manufacturer ance option specified in § 60.5474(b)(3), must have an EPA-approved test lab- the manufacturers must have the ap- oratory use: proved laboratory conduct cord wood (i) Method 28WHH; testing using the test methods listed (ii) Method 28WHH PTS; or below: (iii) ASTM E2618–13 (IBR, see § 60.17) (i) Method 28WHH; (using crib wood). (ii) Method 28WHH PTS; or (3) If the heater is equipped with full (iii) ASTM E2618–13 (IBR, see § 60.17) or partial heat storage, the manufac- (using cord wood). turer, retailer and installer must not (2) If the heater is equipped with full sell or install the heater with less heat or partial heat storage, the manufac- storage capacity than is used in the turer, retailer and installer must not certification test. sell or install the heater with less heat

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storage capacity than is used in the heater on the original date in order to certification test. ensure regular laboratory testing oper- (3) The manufacturer and approved ations. laboratory must make the following (i) The approved test laboratory must adjustments to the methods listed in allow the manufacturer, the manufac- (d)(1) of this section: turer’s approved third-party certifier, (i) For ASTM E2618–13 (IBR, see the EPA and delegated state regu- § 60.17), use the burn rate categories latory agencies to observe certification specified in Method 28WHH; testing. However, manufacturers must (ii) For all methods, report the re- not involve themselves in the conduct sults separately per burn rate cat- of the test after the pretest burn has egory. begun. Communications between the (e) For forced-air furnaces, use CSA manufacturer and laboratory or third- Method B415.1–10 (IBR, see § 60.17) to party certifier personnel regarding op- measure the heat output (mmBtu/hr) eration of the central heater must be and particulate matter emission rate limited to written communications (lb/mmBtu heat output), except use the transmitted prior to the first pretest burn rate categories in Method 28WHH burn of the certification series. During for the 2020 particulate matter emis- certification tests, the manufacturer sion standards. For the 2020 particulate may communicate with laboratory per- matter emission standards, report the sonnel only in writing and only to no- particulate matter, efficiency and CO tify them that the manufacturer has emission results separately per burn observed a deviation from proper test rate category. (f) For affected wood heaters subject procedures. All communications must to the particulate matter emission be included in the test documentation standards, emission concentrations required to be submitted pursuant to must be measured with ASTM E2515–11 § 60.5475(b)(5) and must be consistent (IBR, see § 60.17), except for the 2015 with instructions provided in the own- certification tests using EN303–5 (IBR, er’s manual required under § 60.5478(f), see § 60.17). As required in paragraph except to the extent that they address (c)(4)(ii) of this section, the manufac- details of the certification tests that turer and approved laboratory must would not be relevant to owners or reg- add the organic gases to the PM for EN ulators. 303–5. Four-inch filters and Teflon membrane filters or Teflon-coated § 60.5477 What procedures must I use glass fiber filters may be used in ASTM for EPA approval of a test laboratory or EPA approval of a third- E2515–11. Method 5H is not allowed for party certifier? certification testing. (g) Douglas fir may be used in ASTM (a) Test laboratory approval. (1) A lab- E2618–13 and CSA B415.1–10 (IBR, see oratory must apply to the Adminis- § 60.17). trator for approval to test under this (h) The manufacturer of an affected rule by submitting documentation that central heater model line must notify the laboratory is accredited by a na- the Administrator of the date that cer- tionally recognized accrediting entity tification testing is to begin, by email, under ISO–IEC Standard 17025 to per- to [email protected]. This no- form testing using the test methods tice must be at least 30 days before the specified under § 60.5476. Laboratories start of testing. The notification of accredited by EPA prior to May 15, 2015 testing must include the manufactur- may have until May 15, 2018 to submit er’s name and physical and email ad- documentation that they have accredi- dresses, the approved test laboratory’s tation under ISO–IEC Standard 17025 to name and physical and email addresses, perform testing using the test methods third-party certifier name, the model specified under § 60.5476. ISO accredita- name and number (or, if unavailable, tion is required for all other labora- some other way to distinguish between tories performing hydronic heater test- models), and the dates of testing. The ing beginning on May 15, 2015, and per- laboratory may substitute certification forming forced-air furnace testing be- testing of another affected central ginning on November 16, 2015.

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(2) As part of the application, the the test laboratory with a certificate of test laboratory must: approval for testing under this rule. If (i) Agree to participate biennially in the EPA does not approve the labora- an independently operated proficiency tory, the Administrator will give writ- testing program with no direct ties to ten notice to the laboratory setting the laboratories participating; forth the basis for the determination. (ii) Agree to allow the Administrator, (b) Revocation of test laboratory ap- regulatory agencies and certifying bod- proval. (1) The Administrator may re- ies access to observe certification test- voke the EPA laboratory approval if it ing; is determined that the laboratory: (iii) Agree to comply with calibra- (i) Is no longer accredited by the action, reporting and recordkeeping re- creditation body; quirements that affect testing labora- (ii) Does not follow required proce- tories; and dures or practices; (iv) Agree to perform a compliance (iii) Has falsified data or otherwise audit test at the manufacturer’s ex- misrepresented emission data; pense at the testing cost normally (iv) Failed to participate in a pro- charged to such manufacturer if the ficiency testing program, in accord- laboratory is selected by the Adminis- ance with its commitment under para- trator to conduct the compliance audit graph (a)(2)(i) of this section; or test of the manufacturer’s model line. (v) Failed to seal the central heater The test laboratory must provide a pre- in accordance with paragraph (a)(2)(vii) liminary audit test report to the Ad- of this section. ministrator within 14 days of the com- (2) Revocation of approval under this pletion of testing, if a central heater paragraph (b) will not take effect until exceeds the applicable emission limit the laboratory concerned has been in § 60.5474. The test laboratory must given written notice by the Adminis- provide the Administrator and the trator setting forth the basis for the manufacturer, within 30 days of the proposed determination and an oppor- completion of audit testing, all docu- tunity for a hearing under § 60.5481. mentation pertaining to the test, in- However, if revocation is ultimately cluding the complete test report and upheld, all tests conducted by the lab- raw data sheets, laboratory technician oratory after written notice was given notes, and test results for all test runs. will, at the discretion of the Adminis- (v) Have no conflict of interest and trator, be declared invalid. receive no financial benefit from the (c) Period of test laboratory approval. outcome of certification testing con- (1) With the exception of laboratories ducted pursuant to § 60.5475. meeting the provisions of paragraph (vi) Agree to not perform initial cer- (c)(2) of this section, and unless re- tification tests on any models manu- voked sooner, a certificate of approval factured by a manufacturer for which for testing under this rule is valid for 5 the laboratory has conducted research years from the date of issuance. and development design services within (2) Laboratories accredited by the the last 5 years. EPA by May 15, 2015, under the provi- (vii) Agree to seal any wood heater sions of § 60.535 as in effect prior to that on which it performed certification date may continue to be EPA accred- tests, immediately upon completion or ited and deemed EPA approved for test- suspension of certification testing, by ing under this subpart until May 15, using a laboratory-specific seal. 2018, at which time the EPA accredita- (viii) Agree to immediately notify tion and approval ends unless the lab- the Administrator of any suspended oratory has obtained accreditation tests through email and in writing, giv- under § 60.5477 as in effect on that date. ing the date suspended, the reason(s) (d) Third-party certifier approval. (1) A why, and the projected date for restart- Third-party certifier may apply to the ing. The laboratory must submit the Administrator for approval to be an operation and test data obtained, even EPA-approved third-party certifier by if the test is not completed. submitting credentials demonstrating (3) If the EPA approves the labora- that it has been accredited by a nation- tory, the Administrator will provide ally recognized accrediting entity to

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perform certifications and inspections forth the basis for the proposed deter- under ISO–IEC Standard 17025, ISO–IEC mination and an opportunity for a Standard 17065 and ISO–IEC Standard hearing under § 60.5481. However, if rev- 17020. ocation is upheld, all certifications by (2) As part of the application, the the certifier after written notice was third-party certifier must: given will, at the discretion of the Ad- (i) Agree to offer to contract with ministrator, be declared invalid. central heater manufacturers to perform third-party certification activi- § 60.5478 What requirements must I ties according to the requirements set meet for permanent labels, temporary labels (hangtags), and own- out in this subpart. er’s manuals? (ii) Agree to periodically conduct audits as described in § 60.5475(m) and the (a) General permanent label require- manufacturer’s quality assurance pro- ments. (1) Each affected central heater gram; manufactured or sold on or after the (iii) Agree to comply with reporting date the applicable standards come and recordkeeping requirements that into effect as specified in § 60.5474, must affect approved central heater testing have a permanent label affixed to it laboratories and third-party certifiers; that meets the requirements of this section. (iv) Have no conflict of interest and (2) The permanent label must contain receive no financial benefit from the the following information: outcome of certification testing con- (i) Month and year of manufacture of ducted pursuant to § 60.5475; the individual unit; (v) Agree to make available to the (ii) Model name and number; Administrator supporting documenta- (iii) Certification test emission tion for each central heater certifi- value, test method, and standard met; cation and audit; and and (vi) Agree to not perform initial cer- (iv) Serial number. tification reviews on any models manu- (3) The permanent label must: factured by a manufacturer for which (i) Be affixed in a readily visible or the third-party certifier has conducted accessible location in such a manner research and development design serv- that it can be easily viewed before and ices within the last 5 years. after the appliance is installed (a eas- (3) If approved, the Administrator ily removable fac¸ade can be used for will provide the third-party certifier aesthetic purposes); with a certificate of approval. The ap- (ii) Be at least 8.9 cm long and 5.1 cm proval will expire 5 years after being wide (3 1⁄2 inches long and 2 inches issued unless renewed by the third- wide); party certifier. If the EPA denies the (iii) Be made of a material expected approval, the Administrator will give to last the lifetime of the central heat- written notice to the third-party cer- er; tifier for the basis for the determina- (iv) Present the required information tion. in a manner so that it is likely to re- (e) Revocation of third-party certifier main legible for the lifetime of the cen- approval. (1) The Administrator will re- tral heater; and voke the third-party certifier’s EPA (v) Be affixed in such a manner that approval if it is determined that the it cannot be removed without damage certifier: to the label. (i) Is no longer accredited by the ac- (4) The permanent label may be com- creditation body; bined with any other label, as long as (ii) Does not follow required proce- the required information is displayed, dures or practices; or the integrity of the permanent label is (iii) Has falsified certification data or not compromised, and the permanent otherwise misrepresented emission label meets the requirements of data. § 60.5478(a)(3). (2) Revocation of approval under this (5) Any label statement under para- paragraph (e) will not take effect until graph (b) of this section constitutes a the certifier concerned is given written representation by the manufacturer as notice by the Administrator setting to any central heater that bears it:

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(i) That a certification of compliance ‘‘U.S. ENVIRONMENTAL PROTECTION was in effect at the time the central AGENCY Export appliance. May not be heater left the possession of the manu- sold or operated in the United States.’’ facturer; (2) If an affected central heater is (ii) That the manufacturer was, at manufactured for use for research and the time the label was affixed, con- development purposes as provided in ducting a quality assurance program in § 60.5472(b)(2), the following statement conformity with § 60.5475(m); and must appear on the permanent label: (iii) That all the central heaters indi- ‘‘U.S. ENVIRONMENTAL PROTECTION vidually tested for emissions by the AGENCY Not certified. Research Appli- manufacturer under its quality assurance. Not approved for sale or for oper- ance program pursuant to § 60.5475(m) ation other than for research.’’ met the applicable emissions limit. (3) If an affected central heater is a (b) Permanent label requirements for non wood-burning central heater exclu- central heaters. If a central heater be- sively as provided in § 60.5472(b)(3), the longs to a model line certified under following statement must appear on § 60.5475, and no unit in the model line the permanent label: has been found to exceed the applicable ‘‘U.S. ENVIRONMENTAL PROTECTION emission limits or tolerances through AGENCY This appliance is not certified for quality assurance testing, one of the wood burning. Use of any wood fuel is a following statements, as appropriate, violation of federal regulations.’’ must appear on the permanent label: (e) Temporary label (hangtag) vol- ‘‘U.S. ENVIRONMENTAL PROTECTION untary options. (1) Each model line cer- AGENCY Certified to comply with the 2015 tified to meet the 2020 particulate particulate emission standards. Not ap- emission standards prior to May 15, proved for sale after May 15, 2020’’ or 2020 may display the hangtags specified ‘‘U.S. ENVIRONMENTAL PROTECTION in section 3 of appendix I of this part. AGENCY Certified to comply with the 2016 The electronic template will be pro- particulate emission standards. Not approved for sale after May 15, 2020’’ or vided by the Administrator upon ap- ‘‘U.S. ENVIRONMENTAL PROTECTION proval of the certification. AGENCY Certified to comply with the 2017 (2) The hangtags in paragraph (e)(1) particulate emission standards. Not ap- of this section end upon May 15, 2020. proved for sale after May 15, 2020’’ or (3) Each model certified to meet the ‘‘U.S. ENVIRONMENTAL PROTECTION 2020 Cord Wood Alternative Compliance AGENCY Certified to comply with the 2020 Option may display the cord wood tem- particulate emission standards using crib porary label specified in section 3 of wood.’’ or ‘‘U.S. ENVIRONMENTAL PROTECTION appendix I of this part. The electronic AGENCY Certified to comply with the 2020 template will be provided by the Ad- particulate emission standards using cord ministrator upon approval of the cer- wood.’’ tification. (c) Additional permanent label content. (f) Owner’s manual requirements. (1) The permanent label for all certified Each affected central heater offered for central heaters must also contain the sale by a commercial owner must be following statement on the permanent accompanied by an owner’s manual label: that must contain the information listed in paragraph (f)(2) of this section ‘‘This appliance needs periodic inspection and repair for proper operation. Consult (pertaining to installation), and para- owner’s manual for further information. It graph (f)(3) of this section (pertaining is against federal regulations to operate to operation and maintenance). Such this appliance in a manner inconsistent information must be adequate to en- with operating instructions in the owner’s able consumers to achieve optimal manual.’’ emissions performance. Such informa- (d) Permanent label requirements for af- tion must be consistent with the oper- fected wood heaters with exemptions ating instructions provided by the under § 60.5472(b). (1) If an affected cen- manufacturer to the approved test lab- tral heater is manufactured in the oratory for operating the central heat- United States for export as provided in er during certification testing, except § 60.5472(b)(1), the following statement for details of the certification test that must appear on the permanent label: would not be relevant to the ultimate

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user. The commercial owner must also that requirement, provided that the make current and historical owner’s particular model language is printed in manuals available on the company Web full, with only such changes as are nec- site and upon request to the EPA. essary to ensure accuracy for the par- (2) Guidance on proper installation ticular model line. information, including stack height, (g) Central heaters that are affected heater location and achieving proper by this subpart, but that have been draft. owned and operated by a noncommer- (3) Proper operation and maintenance cial owner, are not subject to para- information, including minimizing graphs (e) and (f) of this section when visible emissions. offered for resale. (i) Fuel loading and re-loading procedures, recommendations on fuel selec- § 60.5479 What records must I keep tion and warnings on what fuels not to and what reports must I submit? use, such as unseasoned wood, treated wood, colored paper, cardboard, sol- (a)(1) Each manufacturer who holds a vents, trash and garbage; certificate of compliance pursuant to (ii) Fire starting procedures; § 60.5475(a)(2) for a model line must (iii) Proper use of air controls, in- maintain records containing the infor- cluding how to establish good combus- mation required by paragraphs (a)(2) tion and how to ensure good combus- through (4) of this section with respect tion at the lowest burn rate for which to that model line for at least 5 years. the heater is warranted; (2) All documentation pertaining to (iv) Ash removal procedures; the certification test used to obtain (v) Instructions for replacement of certification, including the full test re- gaskets and other parts that are crit- port and raw data sheets, laboratory ical to the emissions performance of technician notes, calculations, and the the unit and other maintenance and retest results for all test runs, and dis- pair instructions; cussions of the appropriateness and va- (vi) For catalytic models, informa- lidity of all test runs, including runs tion on the following pertaining to the catalytic combustor: Procedures for attempted but not completed. The re- achieving and maintaining catalyst ac- tained certification test documenta- tivity, maintenance procedures, proce- tion must include, as applicable, de- dures for determining deterioration or tailed discussions of all anomalies, failure, procedures for replacement and whether all burn rate categories were information on how to exercise war- properly achieved, any data not used in ranty rights; the calculations and, for any test runs (vii) For catalytic models, the fol- not completed, the data that were col- lowing statement— lected and the reason that the test run ‘‘This wood heater contains a catalytic com- was not completed. The retained cer- bustor, which needs periodic inspection tification test also must include docu- and replacement for proper operation. It is mentation that the burn rate for the against federal regulations to operate this low burn category was no greater than wood heater in a manner inconsistent with the rate that an operator can achieve operating instructions in this manual, or if the catalytic element is deactivated or re- in home use and no greater than is ad- moved’’; and vertised by the manufacturer or re- (viii) For noncatalytic models, the tailer. following statement— (3) Results of the quality assurance program inspections required pursuant ‘‘This wood heater needs periodic inspection and repair for proper operation. It is to § 60.5475(m). against federal regulations to operate this (4) For emissions tests conducted wood heater in a manner inconsistent with pursuant to the quality assurance pro- operating instructions in this manual.’’ gram required by § 60.5475(m), all test (4) Any manufacturer using the EPA- reports, data sheets, laboratory techni- recommended language contained in cian notes, calculations, and test re- appendix I of this part to satisfy any sults for all test runs, the corrective requirement of this paragraph (f) will actions taken, if any, and any follow- be considered to be in compliance with up actions such as additional testing.

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(b) Each approved test laboratory operators who claim that some of the and third-party certifier must main- information being submitted for per- tain records consisting of all docu- formance tests is CBI (e.g., design mentation pertaining to each certifi- drawings) must submit a complete file, cation test, quality assurance program including information claimed to be inspection and audit test, including the CBI on a compact disk or other com- full test report and raw data sheets, monly used electronic storage media technician notes, calculations, the test (including, but not limited to, flash results for all test runs. Each approved drives), by mail, and the same file with test laboratory must submit accredita- the CBI omitted, electronically. The tion credentials and all proficiency compact disk must be clearly marked test results to the Administrator. Each as CBI and mailed to U.S. EPA, OECA third-party certifier must submit each CBI Office, Attention: Residential certification test, quality assurance program inspection report and ISO-IEC Wood Heater Compliance Program, accreditation credentials to the Ad- Washington, DC 20004. Emission data ministrator. and all information necessary to deter- (c) Each manufacturer must retain mine compliance, except sensitive en- each central heater upon which certifi- gineering drawings and sensitive de- cation tests were performed and cer- tailed material specifications, cannot tification granted under § 60.5475(a)(2) be claimed as CBI. at the manufacturer’s facility for 5 (g) Within 30 days of receiving a cer- years after the certification test. Each tification of compliance for a model central heater must remain sealed and line, the manufacturer must make the unaltered. Any such central heater full non-CBI test report and the sum- must be made available upon request mary of the test report available on to the Administrator for inspection the manufacturer’s Web site. and testing. (h) Each manufacturer who uses the (d) Each manufacturer of an affected exemption for R&D heaters under central heater model line certified pur- § 60.5472(b)(2) must maintain records for suant to § 60.5475(a)(2) must submit a at least 5 years documenting where the report to the Administrator every 2 heaters were located, that the heaters years following issuance of a certifi- were never offered for sale or sold and cate of compliance for each model line. that the heaters were not used for the This report must include the sales for purpose of heating. each model by state and certify that no changes in the design or manufacture § 60.5480 What activities are prohib- of the model line have been made that ited under this subpart? require recertification pursuant to § 60.5475(k). (a) No person is permitted to adver- (e)(1) Unless otherwise specified, all tise for sale, offer for sale, sell or oper- records required under this section ate an affected residential hydronic must be maintained by the manufac- heater or forced-air furnace or other turer, commercial owner of the af- central heater that does not have affected central heater, approved test fixed to it a permanent label pursuant laboratory or third-party certifier for a to § 60.5478(b) through (d), as applicable. period of no less than 5 years. (b) No person is permitted to adver- (2) Unless otherwise specified, all re- tise for sale, offer for sale, or sell an af- ports to the Administrator required fected central heater labeled under under this subpart must be made to: § 60.5478(d)(1) except for export. No per- [email protected]. son is permitted to operate an affected (f) Within 60 days after the date of central heater in the United States if it completing each performance test (e.g., is labeled under § 60.5478(d)(1). initial certification test, tests con- (c)(1) No commercial owner is per- ducted for quality assurance and tests mitted to advertise for sale, offer for for renewal or recertification), each manufacturer must submit perform- sale, or sell an affected central heater ance test data electronically to permanently labeled under § 60.5478(b) [email protected]. Owners or unless:

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(i) The affected appliance has been required to be affixed pursuant to certified to comply with the particu- § 60.5478(a) through (d), as applicable. late emission standards pursuant to (i) If a temporary label is affixed to § 60.5474 as applicable; and the central heater, retailers may not (ii) The commercial owner provides sell or offer for sale that central heater any purchaser or transferee with an unless the temporary label affixed is in owner’s manual that meets the require- accordance with § 60.5478(e), as applica- ments of § 60.5478(f), a copy of the war- ble. ranty and a moisture meter. (2) A commercial owner other than a § 60.5481 What hearing and appeal manufacturer complies with the re- procedures apply to me? quirements of paragraph (c)(1) of this (a)(1) The affected manufacturer, lab- section if the commercial owner: oratory or third-party certifier may re- (i) Receives the required documenta- quest a hearing under this section tion from the manufacturer or a pre- within 30 days following receipt of the vious commercial owner; and required notification in any case where (ii) Provides that documentation the Administrator— unaltered to any person to whom the (i) Denies an application for a certifi- central heater that it covers is sold or cate of compliance under § 60.5475 (a)(2); transferred. (ii) Denies an application for a re- (d)(1) In any case in which the Ad- newal of certification under § 60.5475(i); ministrator revokes a certificate of (iii) Issues a notice of revocation of compliance either for the knowing sub- certification under § 60.5475(l); mission of false or inaccurate informa- (iv) Denies an application for labora- tion or other fraudulent acts, or based tory approval under § 60.5477(a); on a finding under § 60.5475(l)(1)(ii) that (v) Issues a notice of revocation of the certification test was not valid, the laboratory approval under § 60.5477(b). Administrator may give notice of that (vi) Denies an application for third- revocation and the grounds for it to all party certifier approval under commercial owners. § 60.5477(d); or (2) On and after the date of receipt of (vii) Issues a notice of revocation of the notice given under paragraph (d)(1) third-party certifier approval under of this section, no commercial owner is § 60.5477(e). permitted to sell any central heater (2) In any case where the Adminis- covered by the revoked certificate trator issues a notice of revocation (other than to the manufacturer) un- under § 60.5475(n)(3)(ii), the manufac- less the model line has been recertified turer may request a hearing under this in accordance with this subpart. section with the time limits set out in (e) No person is permitted to install § 60.5475(n)(3)(ii). or operate an affected central heater (b) Any hearing request must be in except in a manner consistent with the writing, must be signed by an author- instructions on its permanent label and ized representative of the petitioning in the owner’s manual pursuant to manufacturer or laboratory, and must § 60.5478(f), including only using fuels include a statement setting forth with for which the unit is certified. particularity the petitioner’s objection (f) No person is permitted to operate, to the Administrator’s determination sell or offer for sale an affected central or proposed determination. heater that was originally equipped (c)(1) Upon receipt of a request for a with a catalytic combustor if the cata- hearing under paragraph (a) of this sec- lytic element is deactivated or re- tion, the Administrator will request moved. the Chief Administrative Law Judge to (g) No person is permitted to operate, designate an Administrative Law sell or offer for sale an affected central Judge as Presiding Officer for the hear- heater that has been physically altered ing. If the Chief Administrative Law to exceed the tolerance limits of its Judge replies that no Administrative certificate of compliance, pursuant to Law Judge is available to perform this § 60.5475(k). function, the Administrator will des- (h) No person is permitted to alter, ignate a Presiding Officer who has not deface, or remove any permanent label had any prior responsibility for the

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matter under review, and who is not briefs, reply briefs, motions, and orders subject to the direct control or super- relating to issues to be briefed. vision of someone who has had such re- (4) In computing any period of time sponsibility. prescribed or allowed in this subpart, (2) The hearing will commence as the day of the event from which the soon as practicable at a time and place designated period begins to run will fixed by the Presiding Officer. not be included. Saturdays, Sundays, (3)(i) A motion for leave to intervene and federal legal holidays will be in- in any proceeding conducted under this cluded. When a stated time expires on section must set forth the grounds for a Saturday, Sunday or legal holiday, the proposed intervention, the position the stated time period will be extended and interest of the movant and the to include the next business day. likely impact that intervention will (d)(1) Upon his appointment the Pre- have on the expeditious progress of the siding Officer must establish a hearing proceeding. Any person already a party file. The file will consist of the notice to the proceeding may file an answer to issued by the Administrator under a motion to intervene, making specific § 60.5475(c)(2), § 60.5475(f)(3), reference to the factors set forth in the § 60.5475(i)(4), § 60.5475(l)(2), foregoing sentence and paragraph § 60.5475(n)(3)(ii)(A), § 60.5477(a)(3), (c)(3)(iii) of this section within 10 days § 60.5477(b)(2), § 60.5477(d)(3) or after service of the motion for leave to § 60.5477(e)(2), together with any accom- intervene. panying material, the request for a hearing and the supporting data sub- (ii) A motion for leave to intervene in mitted therewith, and all documents a proceeding must ordinarily be filed relating to the request for certification before the first prehearing conference or approval, or the proposed revocation or, in the absence of a prehearing con- of either. ference, prior to the setting of a time (2) The hearing file must be available and place for a hearing. Any motion for inspection by any party, to the ex- filed after that time must include, in tent authorized by law, at the office of addition to the information set forth in the Presiding Officer, or other place paragraph (c)(3)(i) of this section, a designated by him. statement of good cause for the failure (e) Any party may appear in person, to file in a timely manner. The inter- or may be represented by counsel or by vener shall be bound by any agree- any other duly authorized representa- ments, arrangements and other mat- tive. ters previously made in the proceeding. (f)(1) The Presiding Officer, upon the (iii) A motion for leave to intervene request of any party, or at his discre- may be granted only if the movant tion, may order a prehearing con- demonstrates that his presence in the ference at a time and place specified by proceeding would not unduly prolong him to consider the following: or otherwise prejudice the adjudication (i) Simplification of the issues; of the rights of the original parties, (ii) Stipulations, admissions of fact, and that movant may be adversely af- and the introduction of documents; fected by a final order. The intervener (iii) Limitation of the number of ex- will become a full party to the pro- pert witnesses; ceeding upon the granting of leave to (iv) Possibility of agreement dis- intervene. posing of all or any of the issues in dis- (iv) Persons not parties to the pro- pute; and ceeding may move for leave to file ami- (v) Such other matters as may aid in cus curiae briefs. The movant must the disposition of the hearing, includ- state his interest and the reasons why ing such additional tests as may be the proposed amicus brief is desirable. agreed upon by the parties. If the motion is granted, the Presiding (2) The results of the conference must Officer or Administrator will issue an be reduced to writing by the Presiding order setting the time for filing such Officer and made part of the record. brief. An amicus curia may participate (g)(1) Hearings shall be conducted by in any briefing after his motion is the Presiding Officer in an informal granted, and will be served with all but orderly and expeditious manner.

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The parties may offer oral or written sons or basis therefor on all the mate- evidence, subject to the exclusion by rial issues of fact, law, or discretion the Presiding Officer of irrelevant, im- presented on the appeal or considered material and repetitious evidence. in the review. (2) Witnesses will not be required to (3) In any hearing requested under testify under oath. However, the Pre- paragraph (a)(2) of this section the Pre- siding Officer will call to the attention siding Officer must render the initial of witnesses that their statements may decision within 60 days of that request. be subject to penalties under title 18 Any appeal to the Administrator must U.S.C. 1001 for knowingly making false be taken within 10 days of the initial statements or representations or using decision, and the Administrator must false documents in any matter within render a decision in that appeal within the jurisdiction of any department or 30 days of the filing of the appeal. agency of the United States. (3) Any witness may be examined or § 60.5482 Who implements and en- cross-examined by the Presiding Offi- forces this subpart? cer, the parties, or their representa- (a) Under section 111(c) of the Clean tives. Air Act, the Administrator may dele- (4) Hearings must be recorded ver- gate the following implementation and batim. Copies of transcripts of pro- enforcement authority to a state, local ceedings may be purchased by the ap- or tribal authority upon request: plicant from the reporter. (1) Enforcement of prohibitions on (5) All written statements, charts, the installation and operation of af- tabulations and similar data offered in fected central heaters in a manner in- evidence at the hearings must, upon a consistent with the installation and showing satisfactory to the Presiding owner’s manual; Officer of their authenticity, relevancy (2) Enforcement of prohibitions on and materiality, be received in evi- operation of catalytic central heaters dence and will constitute a part of the where the catalyst has been deacti- record. vated or removed; (h)(1) The Presiding Officer will make (3) Enforcement of prohibitions on an initial decision which must include advertisement and/or sale of written findings and conclusions and uncertified model lines; the reasons or basis therefor on all the (4) Enforcement of prohibitions on material issues of fact, law, or discre- advertisement and/or sale of affected tion presented on the record. The find- central heaters that do not have re- ings, conclusions and written decision quired permanent label; must be provided to the parties and (5) Enforcement of proper labeling of made a part of the record. The initial affected central heaters; decision will become the decision of (6) Enforcement of compliance with the Administrator without further pro- other labeling requirements for af- ceedings unless there is an appeal to fected central heaters. the Administrator or motion for review (7) Enforcement of certification test- by the Administrator. Except as pro- ing procedures; vided in paragraph (h)(3) of this sec- (8) Enforcement of requirements for tion, any such appeal must be taken sealing of the tested central heaters within 20 days of the date the initial and meeting parameter limits; and decision was filed. (9) Enforcement of compliance re- (2) On appeal from or review of the quirements of EPA-approved labora- initial decision the Administrator will tories. have all the powers which he would (b) Delegations shall not include: have in making the initial decision in- (1) Decisions on certification; cluding the discretion to require or (2) Revocation of certification; allow briefs, oral argument, the taking (3) Establishment or revision of of additional evidence or the remand- standards; ing to the Presiding Officer for addi- (4) Establishment or revision of test tional proceedings. The decision by the methods; Administrator must include written (5) Laboratory and third-party cer- findings and conclusions and the rea- tifier approvals and revocations;

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(6) Enforcing provisions governing this subpart also apply to any steam content of owner’s manuals; and generating unit or IGCC that com- (7) Hearings and appeals procedures. menced modification after June 18, 2014 (c) Nothing in these delegations will that meets the relevant applicability prohibit the Administrator from en- conditions in paragraphs (a)(1) and (2) forcing any applicable requirements. of this section. (d) Nothing in these delegations will (1) Has a base load rating greater limit delegated entities from using than 260 GJ/h (250 MMBtu/h) of fossil their authority under section 116 of the fuel (either alone or in combination Clean Air Act to adopt or enforce more with any other fuel); and restrictive requirements. (2) Serves a generator or generators § 60.5483 What parts of the General capable of selling greater than 25 MW Provisions do not apply to me? of electricity to a utility power distribution system. The following provisions of subpart A of part 60 do not apply to this subpart: (b) You are not subject to the re- (a) Section 60.7; quirements of this subpart if your af- (b) Section 60.8(a), (c), (d), (e), (f) and fected EGU meets any of the conditions (g); and specified in paragraphs (b)(1) through (c) Section 60.15(d). (10) of this section. (1) Your EGU is a steam generating Subpart TTTT—Standards of Per- unit or IGCC that is currently and al- formance for Greenhouse ways has been subject to a federally enforceable permit condition limiting an- Gas Emissions for Electric nual net-electric sales to no more than Generating Units one-third of its potential electric output or 219,000 MWh, whichever is great- SOURCE: 80 FR 64648, Oct. 23, 2015, unless er. otherwise noted. (2) Your EGU is capable of combusting 50 percent or more non-fossil APPLICABILITY fuel and is also subject to a federally § 60.5508 What is the purpose of this enforceable permit condition limiting subpart? the annual capacity factor for all fossil This subpart establishes emission fuels combined of 10 percent (0.10) or standards and compliance schedules for less. the control of greenhouse gas (GHG) (3) Your EGU is a combined heat and emissions from a steam generating power unit that is subject to a feder- unit, IGCC, or a stationary combustion ally enforceable permit condition lim- turbine that commences construction iting annual net-electric sales to no after January 8, 2014 or commences more than either 219,000 MWh or the modification or reconstruction after product of the design efficiency and the June 18, 2014. An affected steam gener- potential electric output, whichever is ating unit, IGCC, or stationary com- greater. bustion turbine shall, for the purposes (4) Your EGU serves a generator of this subpart, be referred to as an af- along with other steam generating fected EGU. unit(s), IGCC, or stationary combustion turbine(s) where the effective gen- § 60.5509 Am I subject to this subpart? eration capacity (determined based on (a) Except as provided for in para- a prorated output of the base load rat- graph (b) of this section, the GHG ing of each steam generating unit, standards included in this subpart IGCC, or stationary combustion tur- apply to any steam generating unit, bine) is 25 MW or less. IGCC, or stationary combustion tur- (5) Your EGU is a municipal waste bine that commenced construction combustor that is subject to subpart after January 8, 2014 or commenced re- Eb of this part. construction after June 18, 2014 that (6) Your EGU is a commercial or in- meets the relevant applicability condi- dustrial solid waste incineration unit tions in paragraphs (a)(1) and (2) of this that is subject to subpart CCCC of this section. The GHG standards included in part.

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(7) Your EGU is a steam generating ard promulgated under section 111 of unit or IGCC that undergoes a modi- the Act’’ shall be considered to be the fication resulting in an hourly increase pollutant that otherwise is subject to in CO2 emissions (mass per hour) of 10 regulation under the Act as defined in percent or less (2 significant figures). § 52.21(b)(49) of this chapter. Modified units that are not subject to (3) For the purposes of 40 CFR 70.2, the requirements of this subpart pursu- with respect to greenhouse gas emis- ant to this subsection continue to be sions from affected facilities, the ‘‘pol- existing units under section 111 with lutant that is subject to any standard respect to CO2 emissions standards. promulgated under section 111 of the (8) Your EGU is a stationary combus- Act’’ shall be considered to be the pol- tion turbine that is not capable of com- lutant that otherwise is ‘‘subject to busting natural gas (e.g., not connected regulation’’ as defined in 40 CFR 70.2. to a natural gas pipeline). (4) For the purposes of 40 CFR 71.2, (9) The proposed Washington County with respect to greenhouse gas emis- EGU project described in Air Quality sions from affected facilities, the ‘‘pol- Permit No. 4911–303–0051–P–01–0 issued lutant that is subject to any standard by the Georgia Department of Natural promulgated under section 111 of the Resources, Environmental Protection Act’’ shall be considered to be the pol- Division, Air Protection Branch, effec- lutant that otherwise is ‘‘subject to tive April 8, 2010, provided that con- regulation’’ as defined in 40 CFR 71.2. struction had not commenced for NSPS purposes as of January 8, 2014. § 60.5520 What CO2 emissions standard (10) The proposed Holcomb EGU must I meet? project described in Air Emission (a) For each affected EGU subject to Source Construction Permit 0550023 this subpart, you must not discharge issued by the Kansas Department of from the affected EGU any gases that Health and Environment, Division of contain CO2 in excess of the applicable Environment, effective December 16, CO2 emission standard specified in 2010, provided that construction had table 1 or 2 of this subpart, consistent not commenced for NSPS purposes as with paragraphs (b), (c), and (d) of this of January 8, 2014. section, as applicable. (b) Except as specified in paragraphs EMISSION STANDARDS (c) and (d) of this section, you must comply with the applicable gross en- § 60.5515 Which pollutants are regu- ergy output standard, and your oper- lated by this subpart? ating permit must include monitoring, (a) The pollutants regulated by this recordkeeping, and reporting meth- subpart are greenhouse gases. The odologies based on the applicable gross greenhouse gas standard in this sub- energy output standard. For the re- part is in the form of a limitation on mainder of this subpart (for sources emission of carbon dioxide. that do not qualify under paragraphs (b) PSD and title V thresholds for (c) and (d) of this section), where the greenhouse gases. (1) For the purposes of term ‘‘gross or net energy output’’ is 40 CFR 51.166(b)(49)(ii), with respect to used, the term that applies to you is GHG emissions from affected facilities, ‘‘gross energy output.’’ the ‘‘pollutant that is subject to the (c) As an alternate to meeting the re- standard promulgated under section 111 quirements in paragraph (b) of this sec- of the Act’’ shall be considered to be tion, an owner or operator of a sta- the pollutant that otherwise is subject tionary combustion turbine may peti- to regulation under the Act as defined tion the Administrator in writing to in § 51.166(b)(48) of this chapter and in comply with the alternate applicable any SIP approved by the EPA that is net energy output standard. If the Ad- interpreted to incorporate, or specifi- ministrator grants the petition, begin- cally incorporates, § 51.166(b)(48). ning on the date the Administrator (2) For the purposes of 40 CFR grants the petition, the affected EGU 52.21(b)(50)(ii), with respect to GHG must comply with the applicable net emissions from affected facilities, the energy output-based standard included ‘‘pollutant that is subject to the stand- in this subpart. Your operating permit

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must include monitoring, record- complete the heat input-based calcula- keeping, and reporting methodologies tions under this subpart. based on the applicable net energy output standard. For the remainder of this GENERAL COMPLIANCE REQUIREMENTS subpart, where the term ‘‘gross or net energy output’’ is used, the term that § 60.5525 What are my general require- applies to you is ‘‘net energy output.’’ ments for complying with this sub- Owners or operators complying with part? the net output-based standard must pe- Combustion turbines qualifying tition the Administrator to switch under § 60.5520(d)(1) are not subject to back to complying with the gross en- any requirements in this section other ergy output-based standard. than the requirement to maintain fuel (d) Stationary combustion turbines purchase records for permitted fuel(s). subject to a heat input-based standard For all other affected sources, compli- in table 2 of this subpart that are only ance with the applicable CO2 emission permitted to burn one or more uniform standard of this subpart shall be deter- fuels, as described in paragraph (d)(1) mined on a 12-operating-month rolling of this section, are only subject to the average basis. See table 1 or 2 of this monitoring requirements in paragraph subpart for the applicable CO2 emission (d)(1). All other stationary combustion standards. turbines subject to a heat input based (a) You must be in compliance with standard in table 2 are subject to the the emission standards in this subpart requirements in paragraph (d)(2) of this that apply to your affected EGU at all section. times. However, you must determine (1) Stationary combustion turbines compliance with the emission stand- that are only permitted to burn fuels ards only at the end of the applicable with a consistent chemical composition (i.e., uniform fuels) that result in operating month, as provided in paragraph (a)(1) of this section. a consistent emission rate of 160 lb CO2/ MMBtu or less are not subject to any (1) For each affected EGU subject to monitoring or reporting requirements a CO2 emissions standard based on a 12- under this subpart. These fuels include, operating-month rolling average, you but are not limited to, natural gas, must determine compliance monthly methane, butane, butylene, ethane, by calculating the average CO2 emis- ethylene, propane, naphtha, propylene, sions rate for the affected EGU at the jet fuel kerosene, No. 1 fuel oil, No. 2 end of the initial and each subsequent fuel oil, and biodiesel. Stationary com- 12-operating-month period. bustion turbines qualifying under this (2) Consistent with § 60.5520(d)(2), if paragraph are only required to main- your affected stationary combustion tain purchase records for permitted turbine is subject to an input-based fuels. CO2 emissions standard, you must de- (2) Stationary combustion turbines termine the total heat input in million permitted to burn fuels that do not Btus (MMBtu) from natural gas have a consistent chemical composi- (HTIPng) and the total heat input from tion or that do not have an emission all other fuels combined (HTIPo) using rate of 160 lb CO2/MMBtu or less (e.g., one of the methods under § 60.5535(d)(2). non-uniform fuels such as residual oil You must then use the following equa- and non-jet fuel kerosene) must follow tion to determine the applicable emis- the monitoring, recordkeeping, and re- sions standard during the compliance porting requirements necessary to period:

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Where: (i) If the date on which emissions re-

CO2 emission standard = the emission stand- porting is required to begin under ard during the compliance period in units § 75.64(a) of this chapter has passed of lb/MMBtu. prior to October 23, 2015, emissions re- HTIPng = the heat input in MMBtu from nat- porting shall begin according to ural gas. § 63.5555(c)(3)(i) (for Acid Rain program HTIPo = the heat input in MMBtu from all fuels other than natural gas. units), or according to 120 = allowable emission rate in lb of CO2/ § 63.5555(c)(3)(ii)(B) (for units that are MMBtu for heat input derived from nat- not subject to the Acid Rain Program). ural gas. The first month of the initial compli- 160 = allowable emission rate in lb of CO2/ ance period shall be the first operating MMBtu for heat input derived from all month (as defined in § 60.5580) after the fuels other than natural gas. calendar month in which the rule be- (b) At all times you must operate and comes effective; or maintain each affected EGU, including (ii) If the date on which emissions re- associated equipment and monitors, in porting is required to begin under a manner consistent with safety and § 75.64(a) of this chapter occurs on or good air pollution control practice. The after October 23, 2015, then the first Administrator will determine if you month of the initial compliance period are using consistent operation and shall be the first operating month (as maintenance procedures based on infor- defined in § 60.5580) after the calendar mation available to the Administrator month in which emissions reporting is that may include, but is not limited to, required to begin under fuel use records, monitoring results, re- § 63.5555(c)(3)(ii)(A). view of operation and maintenance pro- (3) For a modified or reconstructed cedures and records, review of reports EGU that becomes subject to this sub- required by this subpart, and inspec- part, the first month of the initial tion of the EGU. compliance period shall be the first op- (c) Within 30 days after the end of the erating month (as defined in § 60.5580) initial compliance period (i.e., no more after the calendar month in which than 30 days after the first 12-oper- emissions reporting is required to ating-month compliance period), you begin under § 63.5555(c)(3)(iii). must make an initial compliance determination for your affected EGU(s) MONITORING AND COMPLIANCE with respect to the applicable emis- DETERMINATION PROCEDURES sions standard in table 1 or 2 of this subpart, in accordance with the re- § 60.5535 How do I monitor and collect quirements in this subpart. The first data to demonstrate compliance? operating month included in the initial (a) Combustion turbines qualifying 12-operating-month compliance period under § 60.5520(d)(1) are not subject to shall be determined as follows: any requirements in this section other (1) For an affected EGU that com- than the requirement to maintain fuel mences commercial operation (as de- purchase records for permitted fuel(s). fined in § 72.2 of this chapter) on or If your combustion turbine uses non- after October 23, 2015, the first month uniform fuels as specified under of the initial compliance period shall § 60.5520(d)(2), you must monitor heat be the first operating month (as de- input in accordance with paragraph fined in § 60.5580) after the calendar (c)(1) of this section, and you must month in which emissions reporting is monitor CO2 emissions in accordance required to begin under: with either paragraph (b), (c)(2), or (i) Section 63.5555(c)(3)(i), for units (c)(5) of this section. For all other af- subject to the Acid Rain Program; or fected sources, you must prepare a (ii) Section 63.5555(c)(3)(ii)(A), for monitoring plan to quantify the hourly units that are not in the Acid Rain CO2 mass emission rate (tons/h), in ac- Program. cordance with the applicable provisions (2) For an affected EGU that has in § 75.53(g) and (h) of this chapter. The commenced COMMERCIAL operation electronic portion of the monitoring (as defined in § 72.2 of this chapter) plan must be submitted using the prior to October 23, 2015: ECMPS Client Tool and must be in

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place prior to reporting emissions data described in Section 7.6.5 of appendix A and/or the results of monitoring sys- to part 75 of this chapter to the ex- tem certification tests under this sub- haust gas flow rate data. part. The monitoring plan must be up- (4) You must select an appropriate dated as necessary. Monitoring plan reference method to setup (charac- submittals must be made by the Des- terize) the flow monitor and to perform ignated Representative (DR), the Alter- the on-going RATAs, in accordance nate DR, or a delegated agent of the with part 75 of this chapter. If you use DR (see § 60.5555(c)). a Type-S pitot tube or a pitot tube as- (b) You must determine the hourly sembly for the flow RATAs, you must CO2 mass emissions in kilograms (kg) calibrate the pitot tube or pitot tube from your affected EGU(s) according to assembly; you may not use the 0.84 de- paragraphs (b)(1) through (5) of this fault Type-S pitot tube coefficient section, or, if applicable, as provided in specified in Method 2. paragraph (c) of this section. (5) Calculate the hourly CO2 mass (1) For an affected coal-fired EGU or emissions (kg) as described in para- for an IGCC unit you must, and for all graphs (b)(5)(i) through (iv) of this sec- other affected EGUs you may, install, tion. Perform this calculation only for certify, operate, maintain, and cali- ‘‘valid operating hours’’, as defined in brate a CO2 continuous emission moni- § 60.5540(a)(1). toring system (CEMS) to directly (i) Begin with the hourly CO2 mass measure and record hourly average CO2 emission rate (tons/h), obtained either concentrations in the affected EGU ex- from Equation F–11 in appendix F to haust gases emitted to the atmosphere, part 75 of this chapter (if CO2 con- and a flow monitoring system to meas- centration is measured on a wet basis), ure hourly average stack gas flow or by following the procedure in sec- rates, according to § 75.10(a)(3)(i) of this tion 4.2 of appendix F to part 75 of this chapter. As an alternative to direct chapter (if CO2 concentration is meas- measurement of CO2 concentration, ured on a dry basis). provided that your EGU does not use (ii) Next, multiply each hourly CO2 carbon separation (e.g., carbon capture mass emission rate by the EGU or and storage), you may use data from a stack operating time in hours (as de- certified oxygen (O2) monitor to cal- fined in § 72.2 of this chapter), to con- culate hourly average CO2 concentra- vert it to tons of CO2. tions, in accordance with (iii) Finally, multiply the result from § 75.10(a)(3)(iii) of this chapter. If you paragraph (b)(5)(ii) of this section by measure CO2 concentration on a dry 909.1 to convert it from tons of CO2 to basis, you must also install, certify, kg. Round off to the nearest kg. operate, maintain, and calibrate a con- (iv) The hourly CO2 tons/h values and tinuous moisture monitoring system, EGU (or stack) operating times used to according to § 75.11(b) of this chapter. calculate CO2 mass emissions are re- Alternatively, you may either use an quired to be recorded under § 75.57(e) of appropriate fuel-specific default mois- this chapter and must be reported elec- ture value from § 75.11(b) or submit a tronically under § 75.64(a)(6) of this petition to the Administrator under chapter. You must use these data to § 75.66 of this chapter for a site-specific calculate the hourly CO2 mass emis- default moisture value. sions. (2) For each continuous monitoring (c) If your affected EGU exclusively system that you use to determine the combusts liquid fuel and/or gaseous CO2 mass emissions, you must meet the fuel, as an alternative to complying applicable certification and quality as- with paragraph (b) of this section, you surance procedures in § 75.20 of this may determine the hourly CO2 mass chapter and appendices A and B to part emissions according to paragraphs 75 of this chapter. (c)(1) through (4) of this section. If you (3) You must use only unadjusted ex- use non-uniform fuels as specified in haust gas volumetric flow rates to de- § 60.5520(d)(2), you may determine CO2 termine the hourly CO2 mass emissions mass emissions during the compliance rate from the affected EGU; you must period according to paragraph (c)(5) of not apply the bias adjustment factors this section.

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(1) If you are subject to an output- compliance period based on the use of based standard and you do not install the Tier 3 methodology under CEMS in accordance with paragraph (b) § 98.33(a)(3) of this chapter. of this section, you must implement (d) Consistent with § 60.5520, you must the applicable procedures in appendix determine the basis of the emissions D to part 75 of this chapter to deter- standard that applies to your affected mine hourly EGU heat input rates source in accordance with either para- (MMBtu/h), based on hourly measure- graph (d)(1) or (2) of this section, as ap- ments of fuel flow rate and periodic de- plicable: terminations of the gross calorific (1) If you operate a source subject to value (GCV) of each fuel combusted. an emissions standard established on (2) For each measured hourly heat an output basis (e.g., lb of CO2 per gross input rate, use Equation G–4 in appen- or net MWh of energy output), you dix G to part 75 of this chapter to cal- must install, calibrate, maintain, and culate the hourly CO2 mass emission operate a sufficient number of watt rate (tons/h). You may determine site- meters to continuously measure and specific carbon-based F-factors (Fc) record the hourly gross electric output using Equation F–7b in section 3.3.6 of or net electric output, as applicable, appendix F to part 75 of this chapter, from the affected EGU(s). These meas- and you may use these Fc values in the urements must be performed using 0.2 emissions calculations instead of using class electricity metering instrumenta- the default Fc values in the Equation tion and calibration procedures as G–4 nomenclature. specified under ANSI Standards No. (3) For each ‘‘valid operating hour’’ C12.20 (incorporated by reference, see (as defined in § 60.5540(a)(1), multiply § 60.17). For a combined heat and power the hourly tons/h CO2 mass emission (CHP) EGU, as defined in § 60.5580, you rate from paragraph (c)(2) of this sec- must also install, calibrate, maintain, tion by the EGU or stack operating and operate meters to continuously time in hours (as defined in § 72.2 of (i.e., hour-by-hour) determine and this chapter), to convert it to tons of record the total useful thermal output. CO2. Then, multiply the result by 909.1 For process steam applications, you to convert from tons of CO2 to kg. will need to install, calibrate, main- Round off to the nearest two signifi- tain, and operate meters to continu- cant figures. ously determine and record the hourly (4) The hourly CO2 tons/h values and steam flow rate, temperature, and pres- EGU (or stack) operating times used to sure. Your plan shall ensure that you calculate CO2 mass emissions are re- install, calibrate, maintain, and oper- quired to be recorded under § 75.57(e) of ate meters to record each component of this chapter and must be reported elec- the determination, hour-by-hour. tronically under § 75.64(a)(6) of this (2) If you operate a source subject to chapter. You must use these data to an emissions standard established on a calculate the hourly CO2 mass emis- heat-input basis (e.g., lb CO2/MMBtu) sions. and your affected source uses non-uni- (5) If you operate a combustion tur- form heating value fuels as delineated bine firing non-uniform fuels, as an al- under § 60.5520(d), you must determine ternative to following paragraphs (c)(1) the total heat input for each fuel fired through (4) of this section, you may de- during the compliance period in ac- termine CO2 emissions during the com- cordance with one of the following pro- pliance period using one of the fol- cedures: lowing methods: (i) Appendix D to part 75 of this chap- (i) Units firing fuel gas may deter- ter; mine the heat input during the compli- (ii) The procedures for monitoring ance period following the procedure heat input under § 60.107a(d); under § 60.107a(d) and convert this heat (iii) If you monitor CO2 emissions in input to CO2 emissions using Equation accordance with the Tier 3 method- G–4 in appendix G to part 75 of this ology under § 98.33(a)(3) of this chapter, chapter. you may convert your CO2 emissions to (ii) You may use the procedure for heat input using the appropriate emis- determining CO2 emissions during the sion factor in table C–1 of part 98 of 795

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this chapter. If your fuel is not listed determine compliance with the appli- in table C–1, you must determine a cable emissions standard in Table 1 or fuel-specific carbon-based F-factor (Fc) 2 of this subpart by summing the CO2 in accordance with section 12.3.2 of mass emissions measured at the indi- EPA Method 19 of appendix A–7 to this vidual stacks or ducts and dividing by part, and you must convert your CO2 the total gross or net energy output for emissions to heat input using Equation the affected EGU. G–4 in appendix G to part 75 of this chapter. § 60.5540 How do I demonstrate com- (e) Consistent with § 60.5520, if two or pliance with my CO2 emissions more affected EGUs serve a common standard and determine excess electric generator, you must apportion emissions? the combined hourly gross or net en- (a) In accordance with § 60.5520, if you ergy output to the individual affected are subject to an output-based emis- EGUs according to the fraction of the sion standard or you burn non-uniform total steam load contributed by each fuels as specified in § 60.5520(d)(2), you EGU. Alternatively, if the EGUs are must demonstrate compliance with the identical, you may apportion the com- applicable CO2 emission standard in bined hourly gross or net electrical table 1 or 2 of this subpart as required load to the individual EGUs according in this section. For the initial and each to the fraction of the total heat input subsequent 12-operating-month rolling contributed by each EGU. average compliance period, you must (f) In accordance with §§ 60.13(g) and follow the procedures in paragraphs 60.5520, if two or more affected EGUs (a)(1) through (7) of this section to cal- that implement the continuous emis- culate the CO2 mass emissions rate for sion monitoring provisions in para- your affected EGU(s) in units of the ap- graph (b) of this section share a com- plicable emissions standard (i.e., either mon exhaust gas stack and are subject kg/MWh or lb/MMBtu). You must use to the same emissions standard in the hourly CO mass emissions cal- Table 1 or 2 of this subpart, you may 2 culated under § 60.5535(b) or (c), as ap- monitor the hourly CO mass emissions 2 plicable, and either the generating load at the common stack in lieu of moni- data from § 60.5535(d)(1) for output- toring each EGU separately. If you based calculations or the heat input choose this option, the hourly gross or data from § 60.5535(d)(2) for heat-input- net energy output (electric, thermal, based calculations. Combustion tur- and/or mechanical, as applicable) must bines firing non-uniform fuels that con- be the sum of the hourly loads for the tain CO prior to combustion (e.g., individual affected EGUs and you must 2 blast furnace gas or landfill gas) may express the operating time as ‘‘stack sample the fuel stream to determine operating hours’’ (as defined in § 72.2 of this chapter). If you attain compliance the quantity of CO2 present in the fuel with the applicable emissions standard prior to combustion and exclude this in § 60.5520 at the common stack, each portion of the CO2 mass emissions from affected EGU sharing the stack is in compliance determinations. compliance. (1) Each compliance period shall in- (g) In accordance with §§ 60.13(g) and clude only ‘‘valid operating hours’’ in 60.5520 if the exhaust gases from an af- the compliance period, i.e., operating fected EGU that implements the con- hours for which: tinuous emission monitoring provi- (i) ‘‘Valid data’’ (as defined in sions in paragraph (b) of this section § 60.5580) are obtained for all of the pa- are emitted to the atmosphere through rameters used to determine the hourly multiple stacks (or if the exhaust gases CO2 mass emissions (kg) and, if a heat are routed to a common stack through input-based standard applies, all the multiple ducts and you elect to mon- parameters used to determine total itor in the ducts), you must monitor heat input for the hour are also ob- the hourly CO2 mass emissions and the tained; and ‘‘stack operating time’’ (as defined in (ii) The corresponding hourly gross § 72.2 of this chapter) at each stack or or net energy output value is also valid duct separately. In this case, you must data (Note: For hours with no useful

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output, zero is considered to be a valid corresponding hourly gross or net en- value). ergy output in MWh) according to the (2) You must exclude operating hours procedures in paragraphs (a)(3)(i) and in which: (ii) of this section, as appropriate for (i) The substitute data provisions of the type of affected EGU(s). For an op- part 75 of this chapter are applied for erating hour in which a valid CO2 mass any of the parameters used to deter- emissions value is determined accord- mine the hourly CO2 mass emissions or, ing to paragraph (a)(1)(i) of this sec- if a heat input-based standard applies, tion, if there is no gross or net elec- for any parameters used to determine trical output, but there is mechanical the hourly heat input; or or useful thermal output, you must (ii) An exceedance of the full-scale still determine the gross or net energy range of a continuous emission moni- output for that hour. In addition, for toring system occurs for any of the pa- an operating hour in which a valid CO rameters used to determine the hourly 2 mass emissions value is determined ac- CO mass emissions or, if applicable, to 2 cording to paragraph (a)(1)(i) of this determine the hourly heat input; or (iii) The total gross or net energy section, but there is no (i.e., zero) gross electrical, mechanical, or useful ther- output (Pgross/net) or, if applicable, the total heat input is unavailable. mal output, you must use that hour in (3) For each compliance period, at the compliance determination. For least 95 percent of the operating hours hours or partial hours where the gross in the compliance period must be valid electric output is equal to or less than operating hours, as defined in para- the auxiliary loads, net electric output graph (a)(1) of this section. shall be counted as zero for this calculation. (4) You must calculate the total CO2 mass emissions by summing the valid (i) Calculate Pgross/net for your affected hourly CO2 mass emissions values from EGU using the following equation. All § 60.5535 for all of the valid operating terms in the equation must be ex- hours in the compliance period. pressed in units of megawatt-hours (5) Sources subject to output based (MWh). To convert each hourly gross or standards. For each valid operating net energy output (consistent with hour of the compliance period that was § 60.5520) value reported under part 75 of used in paragraph (a)(4) of this section this chapter to MWh, multiply by the to calculate the total CO2 mass emis- corresponding EGU or stack operating sions, you must determine Pgross/net (the time.

Where: units in MWh. Not applicable to stationary combustion turbines, IGCC Pgross/net = In accordance with § 60.5520, gross or net energy output of your affected EGUs, or EGUs complying with a net en- EGU for each valid operating hour (as de- ergy output based standard. fined in § 60.5540(a)(1)) in MWh. (Pe)A = Electric energy used for any auxil- (Pe)ST = Electric energy output plus mechan- iary loads in MWh. Not applicable for de- ical energy output (if any) of steam tur- termining Pgross. bines in MWh. (Pt)PS = Useful thermal output of steam (Pe)CT = Electric energy output plus mechan- (measured relative to SATP conditions, ical energy output (if any) of stationary as applicable) that is used for applica- combustion turbine(s) in MWh. tions that do not generate additional (Pe)IE = Electric energy output plus mechan- electricity, produce mechanical energy ical energy output (if any) of your af- output, or enhance the performance of fected EGU’s integrated equipment that the affected EGU. This is calculated provides electricity or mechanical en- using the equation specified in paragraph ergy to the affected EGU or auxiliary (a)(5)(ii) of this section in MWh. equipment in MWh. (Pt)HR = Non steam useful thermal output (Pe)FW = Electric energy used to power boiler (measured relative to SATP conditions, feedwater pumps at steam generating as applicable) from heat recovery that is

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used for applications other than steam on an annual basis 20.0 percent of the generation or performance enhancement total gross or net energy output consists of the affected EGU in MWh. of electric or direct mechanical output (Pt)IE = Useful thermal output (relative to and 20.0 percent of the total gross or net SATP conditions, as applicable) from any energy output consists of useful thermal integrated equipment is used for applica- output on a 12-operating-month rolling tions that do not generate additional average basis, or 1.0 for all other affected steam, electricity, produce mechanical EGUs. energy output, or enhance the performance of the affected EGU in MWh. (ii) If applicable to your affected TDF = Electric Transmission and Distribu- EGU (for example, for combined heat tion Factor of 0.95 for a combined heat and power), you must calculate (Pt)PS and power affected EGU where at least using the following equation:

Where: dures specified within your selected monitoring option under § 60.5535(d)(2). Qm = Measured steam flow in kilograms (kg) (or pounds (lb)) for the operating hour. (7) If you are subject to an output- H = Enthalpy of the steam at measured tem- based standard, you must calculate the perature and pressure (relative to SATP CO2 mass emissions rate for the af- conditions or the energy in the conden- fected EGU(s) (kg/MWh) by dividing sate return line, as applicable) in Joules the total CO mass emissions value cal- per kilogram (J/kg) (or Btu/lb). 2 culated according to the procedures in CF = Conversion factor of 3.6 × 109 J/MWh or 3.413 × 106 Btu/MWh. paragraph (a)(4) of this section by the total gross or net energy output value (6) Calculation of annual basis for calculated according to the procedures standard. Sources complying with en- in paragraph (a)(6)(i) of this section. ergy output-based standards must cal- Round off the result to two significant culate the basis (i.e., denominator) of figures if the calculated value is less their actual annual emission rate in than 1,000; round the result to three accordance with paragraph (a)(6)(i) of significant figures if the calculated this section. Sources complying with value is greater than 1,000. If you are heat input based standards must cal- subject to a heat input-based standard, culate the basis of their actual annual you must calculate the CO mass emis- emission rate in accordance with para- 2 sions rate for the affected EGU(s) (lb/ graph (a)(6)(ii) of this section. MMBtu) by dividing the total CO mass (i) In accordance with § 60.5520 if you 2 emissions value calculated according are subject to an output-based stand- to the procedures in paragraph (a)(4) of ard, you must calculate the total gross this section by the total heat input cal- or net energy output for the affected EGU’s compliance period by summing culated according to the procedures in the hourly gross or net energy output paragraph (a)(6)(ii) of this section. values for the affected EGU that you Round off the result to two significant determined under paragraph (a)(5) of figures. this section for all of the valid oper- (b) In accordance with § 60.5520, to ating hours in the applicable compli- demonstrate compliance with the ap- ance period. plicable CO2 emission standard, for the (ii) If you are subject to a heat input- initial and each subsequent 12-oper- based standard, you must calculate the ating-month compliance period, the total heat input for each fuel fired dur- CO2 mass emissions rate for your af- ing the compliance period. The calcula- fected EGU must be determined action of total heat input for each indi- cording to the procedures specified in vidual fuel must include all valid oper- paragraph (a)(1) through (7) of this sec- ating hours and must also be con- tion and must be less than or equal to sistent with any fuel-specific proce- the applicable CO2 emissions standard 798

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in table 1 or 2 of this part, or the emis- (ii) If one or more compliance periods sions standard calculated in accord- end in the quarter, you must identify ance with § 60.5525(a)(2). each operating month in the calendar quarter where your EGU violated the OTIFICATION EPORTS AND ECORDS N , R , R applicable CO2 emission standard; (iii) If one or more compliance peri- § 60.5550 What notifications must I ods end in the quarter and there are no submit and when? violations for the affected EGU, you (a) You must prepare and submit the must include a statement indicating notifications specified in §§ 60.7(a)(1) this in the report; and (3) and 60.19, as applicable to your (iv) The percentage of valid operating affected EGU(s) (see table 3 of this sub- hours in each 12-operating-month compart). pliance period described in paragraph (b) You must prepare and submit no- (a)(1)(i) of this section (i.e., the total tifications specified in § 75.61 of this number of valid operating hours (as de- chapter, as applicable, to your affected fined in § 60.5540(a)(1)) in that period di- EGUs. vided by the total number of operating hours in that period, multiplied by 100 § 60.5555 What reports must I submit percent); and when? (v) Consistent with § 60.5520, the CO2 (a) You must prepare and submit re- emissions standard (as identified in ports according to paragraphs (a) table 1 or 2 of this part) with which through (d) of this section, as applica- your affected EGU must comply; and ble. (vi) Consistent with § 60.5520, an indi- (1) For affected EGUs that are re- cation whether or not the hourly gross quired by § 60.5525 to conduct initial or net energy output (Pgross/net) values and on-going compliance determina- used in the compliance determinations tions on a 12-operating-month rolling are based solely upon gross electrical average basis, you must submit elec- load. tronic quarterly reports as follows. (3) In the final quarterly report of After you have accumulated the first each calendar year, you must include 12-operating months for the affected the following: EGU, you must submit a report for the (i) Consistent with § 60.5520, gross en- calendar quarter that includes the ergy output or net energy output sold twelfth operating month no later than to an electric grid, as applicable to the 30 days after the end of that quarter. units of your emission standard, over Thereafter, you must submit a report the four quarters of the calendar year; for each subsequent calendar quarter, and no later than 30 days after the end of (ii) The potential electric output of the quarter. the EGU. (2) In each quarterly report you must (b) You must submit all electronic include the following information, as reports required under paragraph (a) of applicable: this section using the Emissions Col- (i) Each rolling average CO2 mass lection and Monitoring Plan System emissions rate for which the last (ECMPS) Client Tool provided by the (twelfth) operating month in a 12-oper- Clean Air Markets Division in the Of- ating-month compliance period falls fice of Atmospheric Programs of EPA. within the calendar quarter. You must (c)(1) For affected EGUs under this calculate each average CO2 mass emis- subpart that are also subject to the sions rate for the compliance period ac- Acid Rain Program, you must meet all cording to the procedures in § 60.5540. applicable reporting requirements and You must report the dates (month and submit reports as required under sub- year) of the first and twelfth operating part G of part 75 of this chapter. months in each compliance period for (2) For affected EGUs under this sub- which you performed a CO2 mass emis- part that are not in the Acid Rain Pro- sions rate calculation. If there are no gram, you must also meet the report- compliance periods that end in the ing requirements and submit reports as quarter, you must include a statement required under subpart G of part 75 of to that effect; this chapter, to the extent that those

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requirements and reports provide appli- § 75.4(j) of this chapter, § 75.37(b) of this cable data for the compliance dem- chapter, or section 2.4 of appendix D to onstrations required under this subpart 75 of this chapter (as applicable). part. Operating hours in which CO2 mass (3)(i) For all newly-constructed af- emission rates are calculated using fected EGUs under this subpart that maximum potential values are not are also subject to the Acid Rain Pro- ‘‘valid operating hours’’ (as defined in gram, you must begin submitting the § 60.5540(a)(1)), and shall not be used in quarterly electronic emissions reports the compliance determinations under described in paragraph (c)(1) of this § 60.5540. section in accordance with § 75.64(a) of (d) For affected EGUs subject to the this chapter, i.e., beginning with data Acid Rain Program, the reports re- recorded on and after the earlier of: (A) The date of provisional certifi- quired under paragraphs (a) and (c)(1) cation, as defined in § 75.20(a)(3) of this of this section shall be submitted by: chapter; or (1) The person appointed as the Des- (B) 180 days after the date on which ignated Representative (DR) under the EGU commences commercial oper- § 72.20 of this chapter; or ation (as defined in § 72.2 of this chap- (2) The person appointed as the Alter- ter). nate Designated Representative (ADR) (ii) For newly-constructed affected under § 72.22 of this chapter; or EGUs under this subpart that are not (3) A person (or persons) authorized subject to the Acid Rain Program, you by the DR or ADR under § 72.26 of this must begin submitting the quarterly chapter to make the required submis- electronic reports described in para- sions. graph (c)(2) of this section, beginning (e) For affected EGUs that are not with data recorded on and after: subject to the Acid Rain Program, the (A) The date on which reporting is re- owner or operator shall appoint a DR quired to begin under § 75.64(a) of this and (optionally) an ADR to submit the chapter, if that date occurs on or after reports required under paragraphs (a) October 23, 2015; or and (c)(2) of this section. The DR and (B) October 23, 2015, if the date on ADR must register with the Clean Air which reporting would ordinarily be required to begin under § 75.64(a) of this Markets Division (CAMD) Business chapter has passed prior to October 23, System. The DR may delegate the au- 2015. thority to make the required submis- (iii) For reconstructed or modified sions to one or more persons. units, reporting of emissions data shall (f) If your affected EGU captures CO2 begin at the date on which the EGU be- to meet the applicable emission limit, comes an affected unit under this sub- you must report in accordance with the part, provided that the ECMPS Client requirements of 40 CFR part 98, subpart Tool is able to receive and process net PP and either: energy output data on that date. Oth- (1) Report in accordance with the re- erwise, emissions data reporting shall quirements of 40 CFR part 98, subpart be on a gross energy output basis until RR, if injection occurs on-site, or the date that the Client Tool is first (2) Transfer the captured CO2 to an able to receive and process net energy EGU or facility that reports in accord- output data. ance with the requirements of 40 CFR (4) If any required monitoring system part 98, subpart RR, if injection occurs has not been provisionally certified by off-site. the applicable date on which emissions (3) Transfer the captured CO to a fa- data reporting is required to begin 2 under paragraph (c)(3) of this section, cility that has received an innovative the maximum (or in some cases, min- technology waiver from EPA pursuant imum) potential value for the param- to paragraph (g) of this section. eter measured by the monitoring sys- (g) Any person may request the Ad- tem shall be reported until the re- ministrator to issue a waiver of the required certification testing is success- quirement that captured CO2 from an fully completed, in accordance with

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affected EGU be transferred to a facil- cable to the types of continuous moni- ity reporting under 40 CFR part 98, sub- toring systems used to demonstrate part RR. To receive a waiver, the appli- compliance under this subpart: cant must demonstrate to the Adminis- (i) Monitoring plan records under trator that its technology will store § 75.53(g) and (h) of this chapter; captured CO2 as effectively as geologic (ii) Operating parameter records sequestration, and that the proposed under § 75.57(b)(1) through (4) of this technology will not cause or contribute chapter; to an unreasonable risk to public (iii) The records under § 75.57(c)(2) of health, welfare, or safety. In making this chapter, for stack gas volumetric this determination, the Administrator flow rate; shall consider (among other factors) (iv) The records under § 75.57(c)(3) of operating history of the technology, this chapter for continuous moisture whether the technology will increase monitoring systems; emissions or other releases of any pollutant other than CO , and permanence (v) The records under § 75.57(e)(1) of 2 this chapter, except for paragraph of the CO2 storage. The Administrator may test the system itself, or require (e)(1)(x), for CO2 concentration moni- the applicant to perform any tests con- toring systems or O2 monitors used to sidered by the Administrator to be nec- calculate CO2 concentration; essary to show the technology’s effec- (vi) The records under § 75.58(c)(1) of tiveness, safety, and ability to store this chapter, specifically paragraphs captured CO2 without release. The Ad- (c)(1)(i), (ii), and (viii) through (xiv), ministrator may grant conditional ap- for oil flow meters; proval of a technology, with the ap- (vii) The records under § 75.58(c)(4) of proval conditioned on monitoring and this chapter, specifically paragraphs reporting of operations. The Adminis- (c)(4)(i), (ii), (iv), (v), and (vii) through trator may also withdraw approval of (xi), for gas flow meters; the waiver on evidence of releases of (viii) The quality-assurance records CO2 or other pollutants. The Adminis- under § 75.59(a) of this chapter, specifi- trator will provide notice to the public cally paragraphs (a)(1) through (12) and of any application under this provision (15), for CEMS; and provide public notice of any pro- (ix) The quality-assurance records posed action on a petition before the under § 75.59(a) of this chapter, specifi- Administrator takes final action. cally paragraphs (b)(1) through (4), for fuel flow meters; and § 60.5560 What records must I maintain? (x) Records of data acquisition and handling system (DAHS) verification (a) You must maintain records of the under § 75.59(e) of this chapter. information you used to demonstrate (c) You must keep records of the cal- compliance with this subpart as speci- culations you performed to determine fied in § 60.7(b) and (f). the hourly and total CO mass emis- (b)(1) For affected EGUs subject to 2 sions (tons) for: the Acid Rain Program, you must follow the applicable recordkeeping re- (1) Each operating month (for all af- quirements and maintain records as re- fected EGUs); and quired under subpart F of part 75 of (2) Each compliance period, includ- this chapter. ing, each 12-operating-month compli- (2) For affected EGUs that are not ance period. subject to the Acid Rain Program, you (d) Consistent with § 60.5520, you must must also follow the recordkeeping re- keep records of the applicable data requirements and maintain records as recorded and calculations performed that quired under subpart F of part 75 of you used to determine your affected this chapter, to the extent that those EGU’s gross or net energy output for records provide applicable data for the each operating month. compliance determinations required (e) You must keep records of the cal- under this subpart. Regardless of the culations you performed to determine prior sentence, at a minimum, the fol- the percentage of valid CO2 mass emis- lowing records must be kept, as appli- sion rates in each compliance period.

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(f) You must keep records of the cal- Administrator retains the authorities culations you performed to assess com- listed in paragraphs (b)(1) through (5) pliance with each applicable CO2 mass of this section and does not transfer emissions standard in Table 1 or 2 of them to the state, local, or tribal agen- this subpart. cy. In addition, the EPA retains over- (g) You must keep records of the cal- sight of this subpart and can take en- culations you performed to determine forcement actions, as appropriate. any site-specific carbon-based F-fac- (1) Approval of alternatives to the tors you used in the emissions calcula- emission standards. tions (if applicable). (2) Approval of major alternatives to test methods. § 60.5565 In what form and how long (3) Approval of major alternatives to must I keep my records? monitoring. (a) Your records must be in a form (4) Approval of major alternatives to suitable and readily available for expe- recordkeeping and reporting. ditious review. (5) Performance test and data reduc- (b) You must maintain each record tion waivers under § 60.8(b). for 3 years after the date of conclusion of each compliance period. § 60.5580 What definitions apply to this (c) You must maintain each record subpart? on site for at least 2 years after the As used in this subpart, all terms not date of each occurrence, measurement, defined herein will have the meaning maintenance, corrective action, report, given them in the Clean Air Act and in or record, according to § 60.7. Records subpart A (general provisions of this that are accessible from a central loca- part). tion by a computer or other means Annual capacity factor means the that instantly provide access at the ratio between the actual heat input to site meet this requirement. You may an EGU during a calendar year and the maintain the records off site for the re- potential heat input to the EGU had it maining year(s) as required by this been operated for 8,760 hours during a subpart. calendar year at the base load rating. means the maximum OTHER REQUIREMENTS AND INFORMATION Base load rating amount of heat input (fuel) that an § 60.5570 What parts of the general EGU can combust on a steady state provisions apply to my affected basis, as determined by the physical EGU? design and characteristics of the EGU Notwithstanding any other provision at ISO conditions. For a stationary of this chapter, certain parts of the combustion turbine, base load rating in- general provisions in §§ 60.1 through cludes the heat input from duct burn- 60.19, listed in table 3 to this subpart, ers. do not apply to your affected EGU. Coal means all solid fuels classified as anthracite, bituminous, subbitu- § 60.5575 Who implements and en- minous, or lignite by ASTM Inter- forces this subpart? national in ASTM D388–99 (Reapproved (a) This subpart can be implemented 2004) e1 (incorporated by reference, see and enforced by the EPA, or a dele- § 60.17), coal refuse, and petroleum gated authority such as your state, coke. Synthetic fuels derived from coal local, or tribal agency. If the Adminis- for the purpose of creating useful heat, trator has delegated authority to your including, but not limited to, solvent- state, local, or tribal agency, then that refined coal, gasified coal (not meeting agency (as well as the EPA) has the au- the definition of natural gas), coal-oil thority to implement and enforce this mixtures, and coal-water mixtures are subpart. You should contact your EPA included in this definition for the pur- Regional Office to find out if this sub- poses of this subpart. part is delegated to your state, local, Combined cycle unit means an electric or tribal agency. generating unit that uses a stationary (b) In delegating implementation and combustion turbine from which the enforcement authority of this subpart heat from the turbine exhaust gases is to a state, local, or tribal agency, the recovered by a heat recovery steam

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generating unit (HRSG) to generate ad- coke-oven gas, synthetic gas, and ditional electricity. gasified coal. Combined heat and power unit or CHP Gross energy output means: unit, (also known as ‘‘cogeneration’’) (1) For stationary combustion tur- means an electric generating unit that bines and IGCC, the gross electric or that use a steam generating unit or direct mechanical output from both stationary combustion turbine to si- the EGU (including, but not limited to, multaneously produce both electric (or output from steam turbine(s), combus- mechanical) and useful thermal output tion turbine(s), and gas expander(s)) from the same primary energy source. plus 100 percent of the useful thermal Design efficiency means the rated output. overall net efficiency (e.g., electric plus (2) For steam generating units, the useful thermal output) on a lower heat- gross electric or mechanical output ing value basis at the base load rating, from the affected EGU(s) (including, at ISO conditions, and at the maximum but not limited to, output from steam useful thermal output (e.g., CHP unit turbine(s), combustion turbine(s), and with condensing steam turbines would gas expander(s)) minus any electricity determine the design efficiency at the used to power the feedwater pumps maximum level of extraction and/or plus 100 percent of the useful thermal bypass). Design efficiency shall be de- output; termined using one of the following (3) For combined heat and power fa- methods: ASME PTC 22 Gas Turbines cilities where at least 20.0 percent of (incorporated by reference, see § 60.17), the total gross energy output consists ASME PTC 46 Overall Plant Perform- of electric or direct mechanical output ance (incorporated by reference, see and 20.0 percent of the total gross en- § 60.17) or ISO 2314 Gas turbines—ac- ergy output consists of useful thermal ceptance tests (incorporated by ref- output on a 12-operating-month rolling erence, see § 60.17). average basis, the gross electric or me- Distillate oil means fuel oils that com- chanical output from the affected EGU ply with the specifications for fuel oil (including, but not limited to, output numbers 1 and 2, as defined by ASTM from steam turbine(s), combustion tur- International in ASTM D396–98 (incor- bine(s), and gas expander(s)) minus any porated by reference, see § 60.17); diesel electricity used to power the feedwater fuel oil numbers 1 and 2, as defined by pumps (the electric auxiliary load of ASTM International in ASTM D975–08a boiler feedwater pumps is not applica- (incorporated by reference, see § 60.17); ble to IGCC facilities), that difference kerosene, as defined by ASTM Inter- divided by 0.95, plus 100 percent of the national in ASTM D3699 (incorporated useful thermal output. by reference, see § 60.17); biodiesel as Heat recovery steam generating unit defined by ASTM International in (HRSG) means an EGU in which hot ex- ASTM D6751 (incorporated by ref- haust gases from the combustion tur- erence, see § 60.17); or biodiesel blends bine engine are routed in order to ex- as defined by ASTM International in tract heat from the gases and generate ASTM D7467 (incorporated by ref- useful output. Heat recovery steam erence, see § 60.17). generating units can be used with or Electric Generating units or EGU without duct burners. means any steam generating unit, Integrated gasification combined cycle IGCC unit, or stationary combustion facility or IGCC means a combined turbine that is subject to this rule (i.e., cycle facility that is designed to burn meets the applicability criteria) fuels containing 50 percent (by heat Fossil fuel means natural gas, petro- input) or more solid-derived fuel not leum, coal, and any form of solid, liq- meeting the definition of natural gas, uid, or gaseous fuel derived from such plus any integrated equipment that material for the purpose of creating provides electricity or useful thermal useful heat. output to the affected EGU or auxil- Gaseous fuel means any fuel that is iary equipment. The Administrator present as a gas at ISO conditions and may waive the 50 percent solid-derived includes, but is not limited to, natural fuel requirement during periods of the gas, refinery fuel gas, process gas, gasification system construction,

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startup and commissioning, shutdown, gross energy output consists of useful or repair. No solid fuel is directly thermal output on an annual basis, the burned in the EGU during operation. gross electric sales to the utility power ISO conditions means 288 Kelvin (15 distribution system minus purchased °C), 60 percent relative humidity and power of the thermal host facility or 101.3 kilopascals pressure. facilities. Liquid fuel means any fuel that is (3) Electricity supplied to other fa- present as a liquid at ISO conditions cilities that produce electricity to off- and includes, but is not limited to, dis- set auxiliary loads are included when tillate oil and residual oil. calculating net-electric sales. Mechanical output means the useful (4) Electric sales that that result mechanical energy that is not used to operate the affected EGU(s), generate from a system emergency are not in- electricity and/or thermal energy, or to cluded when calculating net-electric enhance the performance of the af- sales. fected EGU. Mechanical energy meas- Net energy output means: ured in horsepower hour should be con- (1) The net electric or mechanical verted into MWh by multiplying it by output from the affected EGU plus 100 745.7 then dividing by 1,000,000. percent of the useful thermal output; Natural gas means a fluid mixture of or hydrocarbons (e.g., methane, ethane, or (2) For combined heat and power fa- propane), composed of at least 70 per- cilities where at least 20.0 percent of cent methane by volume or that has a the total gross or net energy output gross calorific value between 35 and 41 consists of electric or direct mechan- megajoules (MJ) per dry standard cubic ical output and at least 20.0 percent of meter (950 and 1,100 Btu per dry stand- the total gross or net energy output ard cubic foot), that maintains a gas- consists of useful thermal output on a eous state under ISO conditions. Fi- 12-operating-month rolling average nally, natural gas does not include the basis, the net electric or mechanical following gaseous fuels: Landfill gas, output from the affected EGU divided digester gas, refinery gas, sour gas, by 0.95, plus 100 percent of the useful blast furnace gas, coal-derived gas, pro- thermal output. ducer gas, coke oven gas, or any gaseous fuel produced in a process which Operating month means a calendar month during which any fuel is com- might result in highly variable CO2 content or heating value. busted in the affected EGU at any Net-electric output means the amount time. of gross generation the generator(s) Petroleum means crude oil or a fuel produces (including, but not limited to, derived from crude oil, including, but output from steam turbine(s), combus- not limited to, distillate and residual tion turbine(s), and gas expander(s)), as oil. measured at the generator terminals, Potential electric output means 33 per- less the electricity used to operate the cent or the base load rating design effi- plant (i.e., auxiliary loads); such uses ciency at the maximum electric pro- include fuel handling equipment, duction rate (e.g., CHP units with con- pumps, fans, pollution control equip- densing steam turbines will operate at ment, other electricity needs, and maximum electric production), which- transformer losses as measured at the ever is greater, multiplied by the base transmission side of the step up trans- load rating (expressed in MMBtu/h) of former (e.g., the point of sale). the EGU, multiplied by 106 Btu/MMBtu, Net-electric sales means: divided by 3,413 Btu/KWh, divided by (1) The gross electric sales to the 1,000 kWh/MWh, and multiplied by 8,760 utility power distribution system minus purchased power; or h/yr (e.g., a 35 percent efficient affected (2) For combined heat and power fa- EGU with a 100 MW (341 MMBtu/h) fos- cilities where at least 20.0 percent of sil fuel heat input capacity would have the total gross energy output consists a 306,000 MWh 12-month potential elec- of electric or direct mechanical output tric output capacity). and at least 20.0 percent of the total

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Solid fuel means any fuel that has a resources to operate in the affected definite shape and volume, has no tend- area, or for the specific affected EGU ency to flow or disperse under mod- to operate to avert loss of load. erate stress, and is not liquid or gas- Useful thermal output means the ther- eous at ISO conditions. This includes, mal energy made available for use in but is not limited to, coal, biomass, any heating application (e.g., steam de- and pulverized solid fuels. livered to an industrial process for a Standard ambient temperature and heating application, including thermal pressure (SATP) conditions means 298.15 cooling applications) that is not used ° ° Kelvin (25 C, 77 F) and 100.0 for electric generation, mechanical kilopascals (14.504 psi, 0.987 atm) pres- output at the affected EGU, to directly sure. The enthalpy of water at SATP enhance the performance of the af- conditions is 50 Btu/lb. fected EGU (e.g., economizer output is Stationary combustion turbine means not useful thermal output, but thermal all equipment including, but not lim- energy used to reduce fuel moisture is ited to, the turbine engine, the fuel, air, lubrication and exhaust gas sys- considered useful thermal output), or tems, control systems (except emis- to supply energy to a pollution control sions control equipment), heat recov- device at the affected EGU. Useful ery system, fuel compressor, heater, thermal output for affected EGU(s) and/or pump, post-combustion emission with no condensate return (or other control technology, and any ancillary thermal energy input to the affected components and sub-components com- EGU(s)) or where measuring the energy prising any simple cycle stationary in the condensate (or other thermal en- combustion turbine, any combined ergy input to the affected EGU(s)) cycle combustion turbine, and any would not meaningfully impact the combined heat and power combustion emission rate calculation is measured turbine based system plus any inte- against the energy in the thermal out- grated equipment that provides elec- put at SATP conditions. Affected tricity or useful thermal output to the EGU(s) with meaningful energy in the combustion turbine engine, heat recov- condensate return (or other thermal ery system or auxiliary equipment. energy input to the affected EGU) must Stationary means that the combustion measure the energy in the condensate turbine is not self-propelled or in- and subtract that energy relative to tended to be propelled while per- SATP conditions from the measured forming its function. It may, however, thermal output. be mounted on a vehicle for port- Valid data means quality-assured ability. A stationary combustion tur- data generated by continuous moni- bine that burns any solid fuel directly toring systems that are installed, oper- is considered a steam generating unit. ated, and maintained according to part Steam generating unit means any fur- 75 of this chapter. For CEMS, the ini- nace, boiler, or other device used for tial certification requirements in § 75.20 combusting fuel and producing steam of this chapter and appendix A to part (nuclear steam generators are not in- 75 of this chapter must be met before cluded) plus any integrated equipment that provides electricity or useful ther- quality-assured data are reported mal output to the affected EGU(s) or under this subpart; for on-going qual- auxiliary equipment. ity assurance, the daily, quarterly, and System emergency means any abnor- semiannual/annual test requirements mal system condition that the Re- in sections 2.1, 2.2, and 2.3 of appendix gional Transmission Organizations B to part 75 of this chapter must be (RTO), Independent System Operators met and the data validation criteria in (ISO) or control area Administrator de- sections 2.1.5, 2.2.3, and 2.3.2 of appen- termines requires immediate auto- dix B to part 75 of this chapter apply. matic or manual action to prevent or For fuel flow meters, the initial certifi- limit loss of transmission facilities or cation requirements in section 2.1.5 of generators that could adversely affect appendix D to part 75 of this chapter the reliability of the power system and must be met before quality-assured therefore call for maximum generation data are reported under this subpart

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(except for qualifying commercial bill- Violation means a specified averaging ing meters under section 2.1.4.2 of ap- period over which the CO2 emissions pendix D to part 75), and for on-going rate is higher than the applicable emis- quality assurance, the provisions in sions standard located in table 1 or 2 of section 2.1.6 of appendix D to part 75 this subpart. apply (except for qualifying commercial billing meters).

TABLE 1 OF SUBPART TTTT OF PART 60—CO2 EMISSION STANDARDS FOR AFFECTED STEAM GENERATING UNITS AND INTEGRATED GASIFICATION COMBINED CYCLE FA- CILITIES THAT COMMENCED CONSTRUCTION AFTER JANUARY 8, 2014 AND RECON- STRUCTION OR MODIFICATION AFTER JUNE 18, 2014 [Note: Numerical values of 1,000 or greater have a minimum of 3 significant figures and numerical values of less than 1,000 have a minimum of 2 significant figures]

Affected EGU CO2 Emission standard

Newly constructed steam generating unit or integrated gasifi- 640 kg CO2/MWh of gross energy output (1,400 lb CO2/MWh). cation combined cycle (IGCC). Reconstructed steam generating unit or IGCC that has base 910 kg of CO2 per MWh of gross energy output (2,000 lb CO2/ load rating of 2,100 GJ/h (2,000 MMBtu/h) or less. MWh). Reconstructed steam generating unit or IGCC that has a base 820 kg of CO2 per MWh of gross energy output (1,800 lb CO2/ load rating greater than 2,100 GJ/h (2,000 MMBtu/h). MWh). Modified steam generating unit or IGCC ...... A unit-specific emission limit determined by the unit’s best historical annual CO2 emission rate (from 2002 to the date of the modification); the emission limit will be no lower than: 1. 1,800 lb CO2/MWh-gross for units with a base load rating greater than 2,000 MMBtu/h; or 2. 2,000 lb CO2/MWh-gross for units with a base load rating of 2,000 MMBtu/h or less.

TABLE 2 OF SUBPART TTTT OF PART 60—CO2 EMISSION STANDARDS FOR AFFECTED STATIONARY COMBUSTION TURBINES THAT COMMENCED CONSTRUCTION AFTER JANUARY 8, 2014 AND RECONSTRUCTION AFTER JUNE 18, 2014 (NET ENERGY OUT- PUT-BASED STANDARDS APPLICABLE AS APPROVED BY THE ADMINISTRATOR) [Note: Numerical values of 1,000 or greater have a minimum of 3 significant figures and numerical values of less than 1,000 have a minimum of 2 significant figures]

Affected EGU CO2 Emission standard

Newly constructed or reconstructed stationary combustion tur- 450 kg of CO2 per MWh of gross energy output (1,000 lb CO2/ bine that supplies more than its design efficiency or 50 per- MWh); or cent, whichever is less, times its potential electric output as 470 kilograms (kg) of CO2 per megawatt-hour (MWh) of net net-electric sales on both a 12-operating month and a 3-year energy output (1,030 lb/MWh). rolling average basis and combusts more than 90% natural gas on a heat input basis on a 12-operating-month rolling average basis. Newly constructed or reconstructed stationary combustion tur- 50 kg CO2 per gigajoule (GJ) of heat input (120 lb CO2/ bine that supplies its design efficiency or 50 percent, which- MMBtu). ever is less, times its potential electric output or less as net- electric sales on either a 12-operating month or a 3-year rolling average basis and combusts more than 90% natural gas on a heat input basis on a 12-operating-month rolling average basis. Newly constructed and reconstructed stationary combustion 50 kg CO2/GJ of heat input (120 lb/MMBtu) to 69 kg CO2/GJ of turbine that combusts 90% or less natural gas on a heat heat input (160 lb/MMBtu) as determined by the procedures input basis on a 12-operating-month rolling average basis. in § 60.5525.

TABLE 3 TO SUBPART TTTT OF PART 60—APPLICABILITY OF SUBPART A OF PART 60 (GENERAL PROVISIONS) TO SUBPART TTTT

General provisions Subject of citation Applies to subpart TTTT Explanation citation

§ 60.1 ...... Applicability ...... Yes. § 60.2 ...... Definitions ...... Yes ...... Additional terms defined in § 60.5580. § 60.3 ...... Units and Abbreviations ...... Yes.

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General provisions Subject of citation Applies to subpart TTTT Explanation citation

§ 60.4 ...... Address ...... Yes ...... Does not apply to information reported electronically through ECMPS. Du- plicate submittals are not required. § 60.5 ...... Determination of construction or modi- Yes. fication. § 60.6 ...... Review of plans ...... Yes. § 60.7 ...... Notification and Recordkeeping ...... Yes ...... Only the requirements to submit the notifications in § 60.7(a)(1) and (3) and to keep records of malfunctions in § 60.7(b), if applicable. § 60.8 ...... Performance tests ...... No. § 60.9 ...... Availability of Information ...... Yes. § 60.10 ...... State authority ...... Yes. § 60.11 ...... Compliance with standards and main- No. tenance requirements. § 60.12 ...... Circumvention ...... Yes. § 60.13 ...... Monitoring requirements ...... No ...... All monitoring is done according to part 75. § 60.14 ...... Modification ...... Yes (steam generating units and IGCC facilities). No (stationary combustion turbines). § 60.15 ...... Reconstruction ...... Yes. § 60.16 ...... Priority list ...... No. § 60.17 ...... Incorporations by reference ...... Yes. § 60.18 ...... General control device requirements ... No. § 60.19 ...... General notification and reporting re- Yes ...... Does not apply to notifications under quirements. § 75.61 or to information reported through ECMPS.

Subpart UUUUa—Emission Guide- § 60.5705a Which pollutants are regu- lines for Greenhouse Gas lated by this subpart? Emissions From Existing Elec- (a) The pollutants regulated by this tric Utility Generating Units subpart are greenhouse gases. The emission guidelines for greenhouse gases established in this subpart are SOURCE: 84 FR 32579, July 8, 2019, unless otherwise noted. heat rate improvements which target achieving lower carbon dioxide (CO2) INTRODUCTION emission rates at designated facilities. (b) PSD and Title V Thresholds for § 60.5700a What is the purpose of this Greenhouse Gases. subpart? (1) For the purposes of This subpart establishes emission § 51.166(b)(49)(ii) of this chapter, with guidelines and approval criteria for respect to GHG emissions from facili- State plans that establish standards of ties, the ‘‘pollutant that is subject to performance limiting greenhouse gas the standard promulgated under sec- (GHG) emissions from an affected tion 111 of the Act’’ shall be considered steam generating unit. An affected to be the pollutant that otherwise is steam generating unit for the purposes subject to regulation under the Act as of this subpart, is referred to as a des- defined in § 51.166(b)(48) of this chapter ignated facility. These emission guide- and in any State Implementation Plan lines are developed in accordance with (SIP) approved by the EPA that is in- section 111(d) of the Clean Air Act and terpreted to incorporate, or specifically incorporates, § 51.166(b)(48) of this subpart Ba of this part. To the extent chapter. any requirement of this subpart is inconsistent with the requirements of (2) For the purposes of § 52.21(b)(50)(ii) of this chapter, with respect to GHG subpart A or Ba of this part, the re- emissions from facilities regulated in quirements of this subpart will apply. the plan, the ‘‘pollutant that is subject

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to the standard promulgated under sec- operators of designated facilities not tion 111 of the Act’’ shall be considered covered by an approved plan must com- to be the pollutant that otherwise is ply with a Federal plan implemented subject to regulation under the Act as by the EPA for the State. defined in § 52.21(b)(49) of this chapter. (b) After a Federal plan has been im- (3) For the purposes of § 70.2 of this plemented in your State, it will be chapter, with respect to greenhouse gas withdrawn when your State submits, emissions from facilities regulated in and the EPA approves, a plan. the plan, the ‘‘pollutant that is subject to any standard promulgated under § 60.5725a In lieu of a State plan subsection 111 of the Act’’ shall be consid- mittal, are there other acceptable option(s) for a State to meet its CAA ered to be the pollutant that otherwise section 111(d) obligations? is ‘‘subject to regulation’’ as defined in § 70.2 of this chapter. A State may meet its CAA section (4) For the purposes of § 71.2 of this 111(d) obligations only by submitting a State plan submittal or a negative dec- chapter, with respect to greenhouse gas laration letter (if applicable). emissions from facilities regulated in the plan, the ‘‘pollutant that is subject § 60.5730a Is there an approval process to any standard promulgated under for a negative declaration letter? section 111 of the Act’’ shall be consid- The EPA has no formal review proc- ered to be the pollutant that otherwise ess for negative declaration letters. is ‘‘subject to regulation’’ as defined in Once your negative declaration letter § 71.2 of this chapter. has been received, the EPA will place a § 60.5710a Am I affected by this sub- copy in the public docket and publish a part? notice in the FEDERAL REGISTER. If, at a later date, a designated facility for If you are the Governor of a State in which construction commenced on or the contiguous United States with one before January 8, 2014 is found in your or more designated facilities that com- State, you will be found to have failed menced construction on or before Jan- to submit a plan as required, and a uary 8, 2014, you are subject to this ac- Federal plan implementing the emis- tion and you must submit a State plan sion guidelines contained in this sub- to the U.S. Environmental Protection part, when promulgated by the EPA, Agency (EPA) that implements the will apply to that designated facility emission guidelines contained in this until you submit, and the EPA ap- subpart. If you are the Governor of a proves, a State plan. State in the contiguous United States with no designated facilities for which STATE PLAN REQUIREMENTS construction commenced on or before January 8, 2014, in your State, you § 60.5735a What must I include in my must submit a negative declaration federally enforceable State plan? letter in place of the State plan. (a) You must include the components described in paragraphs (a)(1) through § 60.5715a What is the review and ap- (4) of this section in your plan sub- proval process for my plan? mittal. The final plan must meet the The EPA will review your plan ac- requirements of, and include the infor- cording to § 60.27a to approve or dis- mation required under, § 60.5740a. approve such plan or revision or each (1) Identification of designated facili- portion thereof. ties. Consistent with § 60.25a(a), you must identify the designated facilities § 60.5720a What if I do not submit a covered by your plan and all designated plan, my plan is incomplete, or my facilities in your State that meet the plan is not approvable? applicability criteria in § 60.5775a. In (a) If you do not submit a complete addition, you must include an inven- or an approvable plan the EPA will de- tory of CO2 emissions from the des- velop a Federal plan for your State ac- ignated facilities during the most recording to § 60.27a. The Federal plan cent calendar year for which data is will implement the emission guidelines available prior to the submission of the contained in this subpart. Owners and plan.

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(2) Standards of performance. You submittal to the EPA must include the must provide a standard of perform- information in paragraphs (a)(1) ance for each designated facility ac- through (8) of this section. This infor- cording to § 60.5755a and compliance pe- mation must be submitted to the EPA riods for each standard of performance as part of your plan submittal but will according to § 60.5750a. Each standard not be codified as part of the federally of performance must reflect the degree enforceable plan upon approval by of emission limitation achievable EPA. through application of the heat rate (1) You must include a summary of improvements described in § 60.5740a. In how you determined each standard of applying the heat rate improvements described in § 60.5740a, a state may con- performance for each designated facil- sider remaining useful life and other ity according to § 60.5755a(a). You must factors, as provided for in § 60.24a(e). include in the summary an evaluation (3) Identification of applicable moni- of the applicability of each of the fol- toring, reporting, and recordkeeping re- lowing heat rate improvements to each quirements for each designated facility. designated facility: You must include in your plan all ap- (i) Neural network/intelligent plicable monitoring, reporting and rec- sootblowers; ordkeeping requirements for each des- (ii) Boiler feed pumps; ignated facility and the requirements (iii) Air heater and duct leakage con- must be consistent with or no less trol; stringent than the requirements speci- (iv) Variable frequency drives; fied in § 60.5785a. (v) Blade path upgrades for steam (4) State reporting. Your plan must include a description of the process, con- turbines; tents, and schedule for State reporting (vi) Redesign or replacement of to the EPA about plan implementation economizer; and and progress, including information re- (vii) Improved operating and mainte- quired under § 60.5795a. nance practices. (b) You must follow the requirements (2)(i) As part of the summary under of subpart Ba of this part and dem- paragraph (a)(1) of this section regard- onstrate that they were met in your ing the applicability of each heat rate State plan. improvement to each designated facility, you must include an evaluation of § 60.5740a What must I include in my the following degree of emission limi- plan submittal? tation achievable through application (a) In addition to the components of of the heat rate improvements: the plan listed in § 60.5735a, a state plan

TABLE 1 TO PARAGRAPH (a)(2)(i)—MOST IMPACTFUL HRI MEASURES AND RANGE OF THEIR HRI POTENTIAL (%) BY EGU SIZE

< 200 MW 200–500 MW >500 MW HRI Measure Min Max Min Max Min Max

Neural Network/Intel- ligent Sootblowers..... 0.5 1.4 0.3 1.0 0.3 0.9 Boiler Feed Pumps...... 0.2 0.5 0.2 0.5 0.2 0.5 Air Heater & Duct Leak- age Control...... 0.1 0.4 0.1 0.4 0.1 0.4 Variable Frequency Drives ...... 0.2 0.9 0.2 1.0 0.2 1.0 Blade Path Upgrade (Steam Turbine)...... 0.9 2.7 1.0 2.9 1.0 2.9 Redesign/Replace Economizer ...... 0.5 0.9 0.5 1.0 0.5 1.0

Improved Operating and Maintenance (O&M) Practices ...... Can range from 0 to > 2.0% depending on the unit’s historical O&M practices.

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(ii) In applying a standard of per- (iii) Any other materials necessary to formance, if you consider remaining support evaluation of the plan by the useful life and other factors for a des- EPA. ignated facility as provided in (b) You must submit your final plan § 60.24a(e), you must include a summary to the EPA according to § 60.5800a. of the application of the relevant factors in deriving a standard of perform- § 60.5745a What are the timing re- ance. quirements for submitting my plan? (3) You must include a demonstration You must submit a plan with the in- that each designated facility’s stand- formation required under § 60.5740a by ard of performance is quantifiable, per- July 8, 2022. manent, verifiable, and enforceable according to § 60.5755a. § 60.5750a What schedules and compli- (4) Your plan demonstration must in- ance periods must I include in my clude the information listed in para- plan? graphs (a)(4)(i) through (v) of this sec- The EPA is superseding the require- tion as applicable. ment at § 60.22a(b)(5) for EPA to pro- (i) A summary of each designated facility’s anticipated future operation vide compliance timelines in the emis- characteristics, including: sion guidelines. Each standard of per- (A) Annual generation; formance for designated facilities regulated under the plan must include a (B) CO2 emissions; (C) Fuel use, fuel prices, fuel carbon compliance period that ensures the content; standard of performance reflects the (D) Fixed and variable operations and degree of emission limitation achiev- maintenance costs; able though application of the heat (E) Heat rates; and rate improvements used to calculate (F) Electric generation capacity and the standard. The schedules and com- capacity factors. pliance periods included in a plan must (ii) A timeline for implementation. follow the requirements of § 60.24a. (iii) All wholesale electricity prices. § 60.5755a What standards of perform- (iv) A time period of analysis, which ance must I include in my plan? must extend through at least 2035. (v) A demonstration that each stand- (a) You must set a standard of per- ard of performance included in your formance for each designated facility plan meets the requirements of within the state. § 60.5755a. (1) The standard of performance must (5) Your plan submittal must include be an emission performance rate relat- certification that a hearing required ing mass of CO2 emitted per unit of en- under § 60.23a(c)on the State plan was ergy (e.g. pounds of CO2 emitted per held, a list of witnesses and their orga- MWh). nizational affiliations, if any, appear- (2) In establishing any standard of ing at the hearing, and a brief written performance, you must consider the ap- summary of each presentation or writ- plicability of each of the heat rate im- ten submission, pursuant to the re- provements and associated degree of quirements of § 60.23a(g). emission limitation achievable in- (6) Your plan submittal must include cluded in § 60.5740a(a)(1) and (2) to the supporting material for your plan in- designated facility. You must include a cluding: demonstration in your plan submission (i) Materials demonstrating the for how you considered each heat rate State’s legal authority to implement improvement and associated degree of and enforce each component of its plan, emission limitation achievable in cal- including standards of performance, culating each standard of performance. pursuant to the requirements of §§ 60.26a and 60.5740a(a)(6); (i) In applying a standard of performance to any designated facility, you (ii) Materials supporting calculations for designated facility’s standards of may consider the source-specific fac- performance according to § 60.5755a; and tors included in § 60.24a(e).

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(ii) If you consider source-specific in the case of third parties, pursuant to factors to apply a standard of perform- CAA section 304. ance, you must include a demonstration in your plan submission for how § 60.5760a What is the procedure for you considered such factors. revising my plan? (b) Standards of performance for des- EPA-approved plans can be revised ignated facilities included under your only with approval by the Adminis- plan must be demonstrated to be quan- trator. The Administrator will approve tifiable, verifiable, permanent, and en- a plan revision if it is satisfactory with forceable with respect to each des- respect to the applicable requirements ignated facility. The plan submittal of this subpart and any applicable re- must include the methods by which quirements of subpart Ba of this part, each standard of performance meets including the requirements in each of the requirements in paragraphs § 60.5740a. If one (or more) of the ele- (c) through (f) of this section. ments of the plan set in § 60.5735a require revision, a request must be sub- (c) A designated facility’s standard of mitted to the Administrator indicating performance is quantifiable if it can be the proposed revisions to the plan. reliably measured in a manner that can be replicated. § 60.5765a What must I do to meet my (d) A designated facility’s standard of plan obligations? performance is verifiable if adequate To meet your plan obligations, you monitoring, recordkeeping and report- must demonstrate that your des- ing requirements are in place to enable ignated facilities are complying with the State and the Administrator to their standards of performance as spec- independently evaluate, measure, and ified in § 60.5755a. verify compliance with the standard of performance. APPLICABILITY OF PLANS TO (e) A designated facility’s standard of DESIGNATED FACILITIES performance is permanent if the standard of performance must be met for § 60.5770a Does this subpart directly each compliance period, unless it is re- affect EGU owners or operators in my State? placed by another standard of performance in an approved plan revision. (a) This subpart does not directly af- (f) A designated facility’s standard of fect EGU owners or operators in your performance is enforceable if: State. However, designated facility (1) A technically accurate limitation owners or operators must comply with or requirement and the time period for the plan that a State develops to im- the limitation or requirement are spec- plement the emission guidelines contained in this subpart. ified; (b) If a State does not submit a plan (2) Compliance requirements are to implement and enforce the emission clearly defined; guidelines contained in this subpart by (3) The designated facility respon- July 8, 2022, or the date that EPA dis- sible for compliance and liable for vio- approves a final plan, the EPA will im- lations can be identified; plement and enforce a Federal plan, as (4) Each compliance activity or provided in § 60.27a(c), applicable to measure is enforceable as a practical each designated facility within the matter; and State that commenced construction on (5) The Administrator, the State, and or before January 8, 2014. third parties maintain the ability to enforce against violations (including if § 60.5775a What designated facilities a designated facility does not meet its must I address in my State plan? standard of performance based on its (a) The EGUs that must be addressed emissions) and secure appropriate cor- by your plan are any designated facil- rective actions, in the case of the Ad- ity that commenced construction on or ministrator pursuant to CAA sections before January 8, 2014. 113(a) through (h), in the case of a (b) A designated facility is a steam State, pursuant to its plan, State law generating unit that meets the rel- or CAA section 304, as applicable, and evant applicability conditions specified

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in paragraphs (b)(1) through (3) of this (7) An EGU that is a municipal waste section, as applicable, of this section combustor unit that is subject to sub- except as provided in § 60.5780a. part Eb of this part; (1) Serves a generator connected to a (8) An EGU that is a commercial or utility power distribution system with industrial solid waste incineration unit a nameplate capacity greater than 25 that is subject to subpart CCCC of this MW-net (i.e., capable of selling greater part; or than 25 MW of electricity). (9) A steam generating unit that fires (2) Has a base load rating (i.e., design more than 50 percent non-fossil fuels. heat input capacity) greater than 260 (b) [Reserved] GJ/hr (250 MMBtu/hr) heat input of fos- § 60.5785a What applicable monitoring, sil fuel (either alone or in combination recordkeeping, and reporting re- with any other fuel). quirements do I need to include in (3) Is an electric utility steam gener- my plan for designated facilities? ating unit that burns coal for more (a) Your plan must include moni- than 10.0 percent of the average annual toring, recordkeeping, and reporting heat input during the 3 previous cal- requirements for designated facilities. endar years. To satisfy this requirement, you have the option of either: § 60.5780a What EGUs are excluded (1) Specifying that sources must re- from being designated facilities? port emission and electricity genera- (a) An EGU that is excluded from tion data according to part 75 of this being a designated facility is: chapter; or (1) An EGU that is subject to subpart (2) Including an alternative moni- TTTT of this part as a result of com- toring, recordkeeping, and reporting mencing construction, reconstruction program that includes specifications or modification after the subpart TTTT for the following program elements: applicability date; (i) Monitoring plans that specify the (2) A steam generating unit that is monitoring methods, systems, and for- subject to a federally enforceable per- mulas that will be used to measure CO2 mit limiting annual net-electric sales emissions; to one-third or less of its potential (ii) Monitoring methods to continu- electric output, or 219,000 MWh or less; ously and accurately measure all CO2 (3) A stationary combustion turbine emissions, CO2 emission rates, and that meets the definition of a simple other data necessary to determine cycle stationary combustion turbine, a compliance or assure data quality; combined cycle stationary combustion (iii) Quality assurance test require- turbine, or a combined heat and power ments to ensure monitoring systems combustion turbine; provide reliable and accurate data for assessing and verifying compliance; (4) An IGCC unit; (iv) Recordkeeping requirements; (5) A non-fossil unit (i.e., a unit that (v) Electronic reporting procedures is capable of combusting 50 percent or and systems; and more non-fossil fuel) that has always (vi) Data validation procedures for limited the use of fossil fuels to 10 per- ensuring data are complete and cal- cent or less of the annual capacity fac- culated consistent with program rules, tor or is subject to a federally enforce- including procedures for determining able permit limiting fossil fuel use to substitute data in instances where re- 10 percent or less of the annual capac- quired data would otherwise be incom- ity factor; plete. (6) An EGU that serves a generator (b) [Reserved] along with other steam generating unit(s), IGCC(s), or stationary combus- RECORDKEEPING AND REPORTING tion turbine(s) where the effective gen- REQUIREMENTS eration capacity (determined based on a prorated output of the base load rat- § 60.5790a What are my recordkeeping ing of each steam generating unit, requirements? IGCC, or stationary combustion tur- (a) You must keep records of all in- bine) is 25 MW or less; formation relied upon in support of any

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demonstration of plan components, any plan revisions, and all State re- plan requirements, supporting docu- ports required to be submitted to the mentation, and the status of meeting EPA by the State plan may be reported the plan requirements defined in the through EPA’s electronic reporting plan. After the effective date of the system to be named and made avail- plan, States must keep records of all able at a later date. information relied upon in support of (c) Only a submittal by the Governor any continued demonstration that the or the Governor’s designee by an elec- final standards of performance are tronic submission through SPeCS shall being achieved. be considered an official submittal to (b) You must keep records of all data the EPA under this subpart. If the Gov- submitted by the owner or operator of ernor wishes to designate another re- each designated facility that is used to sponsible official the authority to sub- determine compliance with each des- mit a State plan, the EPA must be no- ignated facility emissions standard or tified via letter from the Governor requirements in an approved State prior to the July 8, 2022, deadline for plan, consistent with the designated fa- plan submittal so that the official will cility requirements listed in § 60.5785a. have the ability to submit a plan in the (c) If your State has a requirement SPeCS. If the Governor has previously for all hourly CO2 emissions and gen- delegated authority to make CAA sub- eration information to be used to cal- mittals on the Governor’s behalf, a culate compliance with an annual State may submit documentation of emissions standard for designated fa- the delegation in lieu of a letter from cilities, any information that is sub- the Governor. The letter or documenta- mitted by the owners or operators of tion must identify the designee to designated facilities to the EPA elec- whom authority is being designated tronically pursuant to requirements in and must include the name and contact part 75 of this chapter meets the rec- information for the designee and also ordkeeping requirement of this section identify the State plan preparers who and you are not required to keep will need access to the EPA electronic records of information that would be in reporting system. A State may also duplicate of paragraph (b) of this sec- submit the names of the State plan tion. preparers via a separate letter prior to (d) You must keep records at a min- the designation letter from the Gov- imum for 5 years from the date the ernor in order to expedite the State record is used to determine compliance plan administrative process. Required with a standard of performance or plan contact information for the designee requirement. Each record must be in a and preparers includes the person’s form suitable and readily available for title, organization, and email address. expeditious review. (d) The submission of the information by the authorized official must be § 60.5795a What are my reporting and in a non-editable format. In addition to notification requirements? the non-editable version all plan com- You must submit an annual report as ponents designated as federally en- required under § 60.25a(e) and (f). forceable must also be submitted in an editable version. § 60.5800a How do I submit informa- (e) You must provide the EPA with tion required by these Emission non-editable and editable copies of any Guidelines to the EPA? submitted revision to existing ap- (a) You must submit to the EPA the proved federally enforceable plan com- information required by these emission ponents. The editable copy of any such guidelines following the procedures in submitted plan revision must indicate paragraphs (b) through (e) of this sec- the changes made at the State level, if tion unless you submit through the any, to the existing approved federally procedure described in paragraph (f) of enforceable plan components, using a this section. mechanism such as redline/ (b) All negative declarations, State strikethrough. These changes are not plan submittals, supporting materials part of the State plan until formal ap- that are part of a State plan submittal, proval by EPA.

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(f) If, in lieu of the requirements de- neously produce both electric (or me- scribed in paragraphs (b) through (e) of chanical) and useful thermal output this section, you choose to submit a from the same primary energy source. paper copy or an electronic version by Compliance period means a discrete other means you must confer with your time period for a designated facility to EPA Regional Office regarding the ad- comply with a standard of perform- ditional guidelines for submitting your ance. plan. Designated facility means a steam generating unit that meets the rel- DEFINITIONS evant applicability conditions in section § 60.5775a, except as provided in § 60.5805a What definitions apply to § 60.5780a. this subpart? Economizer means a heat exchange As used in this subpart, all terms not device used to capture waste heat from defined herein will have the meaning boiler flue gas which is then used to given them in the Clean Air Act and in heat the boiler feedwater. subparts TTTT, A, and Ba of this part. Fossil fuel means natural gas, petro- Air Heater means a device that recov- leum, coal, and any form of solid fuel, ers heat from the flue gas for use in liquid fuel, or gaseous fuel derived pre-heating the incoming combustion from such material to create useful air and potentially for other uses such heat. as coal drying. Integrated gasification combined cycle Annual capacity factor means the facility or IGCC means a combined ratio between the actual heat input to cycle facility that is designed to burn an EGU during a calendar year and the fuels containing 50 percent (by heat potential heat input to the EGU had it input) or more solid-derived fuel not been operated for 8,760 hours during a meeting the definition of natural gas calendar year at the base load rating. plus any integrated equipment that Base load rating means the maximum provides electricity or useful thermal amount of heat input (fuel) that an output to either the affected facility or EGU can combust on a steady-state auxiliary equipment. The Adminis- basis, as determined by the physical trator may waive the 50 percent solid- design and characteristics of the EGU derived fuel requirement during peri- at ISO conditions. ods of the gasification system con- Boiler feed pump (or boiler feedwater struction, startup and commissioning, pump) means a device used to pump shutdown, or repair. No solid fuel is di- feedwater into a steam boiler at an rectly burned in the unit during oper- EGU. The water may be either freshly ation. supplied or returning condensate pro- Intelligent sootblower means an auto- duced from condensing steam produced mated system that use process meas- by the boiler. urements to monitor the heat transfer CO2 emission rate means for a des- performance and strategically allocate ignated facility, the reported CO2 emis- steam to specific areas to remove ash sion rate of a designated facility used buildup at a steam generating unit. by a designated facility to demonstrate ISO conditions means 288 Kelvin (15 compliance with its CO2 standard of °C), 60 percent relative humidity and performance. 101.3 kilopascals pressure. Combined cycle unit means an electric Nameplate capacity means, starting generating unit that uses a stationary from the initial installation, the max- combustion turbine from which the imum electrical generating output that heat from the turbine exhaust gases is a generator, prime mover, or other recovered by a heat recovery steam electric power production equipment generating unit to generate additional under specific conditions designated by electricity. the manufacturer is capable of pro- Combined heat and power unit or CHP ducing (in MWe, rounded to the nearest unit (also known as ‘‘cogeneration’’) tenth) on a steady-state basis and dur- means an electric generating unit that ing continuous operation (when not re- uses a steam-generating unit or sta- stricted by seasonal or other deratings) tionary combustion turbine to simulta- as of such installation as specified by

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the manufacturer of the equipment, or consists of electric or direct mechan- starting from the completion of any ical output and at least 20.0 percent of subsequent physical change resulting the total gross or net energy output in an increase in the maximum elec- consists of useful thermal output on a trical generating output that the 12-operating month rolling average equipment is capable of producing on a basis, the net electric or mechanical steady-state basis and during contin- output from the designated facility di- uous operation (when not restricted by vided by 0.95, plus 100 percent of the seasonal or other deratings), such in- useful thermal output; (e.g., steam de- creased maximum amount (in MWe, livered to an industrial process for a rounded to the nearest tenth) as of heating application). such completion as specified by the Neural network means a computer person conducting the physical change. model that can be used to optimize Natural gas means a fluid mixture of combustion conditions, steam tempera- hydrocarbons (e.g., methane, ethane, or tures, and air pollution at steam gener- propane), composed of at least 70 per- ating unit. cent methane by volume or that has a Simple cycle combustion turbine means gross calorific value between 35 and 41 any stationary combustion turbine megajoules (MJ) per dry standard cubic which does not recover heat from the meter (950 and 1,100 Btu per dry stand- combustion turbine engine exhaust ard cubic foot), that maintains a gas- gases for purposes other than enhanc- eous State under ISO conditions. In ad- ing the performance of the stationary dition, natural gas contains 20.0 grains combustion turbine itself. or less of total sulfur per 100 standard Standard ambient temperature and cubic feet. Finally, natural gas does pressure (SATP) conditions means not include the following gaseous fuels: 298.15 Kelvin (25 °C, 77 °F) and 100.0 Landfill gas, digester gas, refinery gas, kilopascals (14.504 psi, 0.987 atm) pres- sour gas, blast furnace gas, coal-de- sure. The enthalpy of water at SATP rived gas, producer gas, coke oven gas, conditions is 50 Btu/lb. or any gaseous fuel produced in a proc- State agent means an entity acting on ess which might result in highly vari- behalf of the State, with the legal au- able sulfur content or heating value. thority of the State. Net electric output means the amount Stationary combustion turbine means of gross generation the generator(s) all equipment, including but not lim- produce (including, but not limited to, ited to the turbine engine, the fuel, air, output from steam turbine(s), combus- lubrication and exhaust gas systems, tion turbine(s), and gas expander(s)), as control systems (except emissions con- measured at the generator terminals, trol equipment), heat recovery system, less the electricity used to operate the fuel compressor, heater, and/or pump, plant (i.e., auxiliary loads); such uses post-combustion emissions control include fuel handling equipment, technology, and any ancillary compo- pumps, fans, pollution control equip- nents and sub-components comprising ment, other electricity needs, and any simple cycle stationary combus- transformer losses as measured at the tion turbine, any combined cycle com- transmission side of the step up trans- bustion turbine, and any combined former (e.g., the point of sale). heat and power combustion turbine Net energy output means: based system plus any integrated (1) The net electric or mechanical equipment that provides electricity or output from the affected facility, plus useful thermal output to the combus- 100 percent of the useful thermal out- tion turbine engine, heat recovery sys- put measured relative to SATP condi- tem or auxiliary equipment. Sta- tions that is not used to generate addi- tionary means that the combustion tional electric or mechanical output or turbine is not self-propelled or in- to enhance the performance of the unit tended to be propelled while per- (e.g., steam delivered to an industrial forming its function. It may, however, process for a heating application). be mounted on a vehicle for port- (2) For combined heat and power fa- ability. If a stationary combustion tur- cilities where at least 20.0 percent of bine burns any solid fuel directly it is the total gross or net energy output considered a steam generating unit.

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Steam generating unit means any fur- facility. Useful thermal output for des- nace, boiler, or other device used for ignated facility(s) with no condensate combusting fuel and producing steam return (or other thermal energy input (nuclear steam generators are not in- to the designated facility(s)) or where cluded) plus any integrated equipment measuring the energy in the conden- that provides electricity or useful ther- sate (or other thermal energy input to mal output to the affected facility or the designated facility(s)) would not auxiliary equipment. meaningfully impact the emission rate Useful thermal output means the ther- calculation is measured against the en- mal energy made available for use in ergy in the thermal output at SATP any heating application (e.g., steam de- conditions. Designated facility(s) with livered to an industrial process for a meaningful energy in the condensate heating application, including thermal return (or other thermal energy input cooling applications) that is not used to the designated facility) must meas- for electric generation, mechanical ure the energy in the condensate and output at the designated facility, to di- subtract that energy relative to SATP rectly enhance the performance of the conditions from the measured thermal designated facility (e.g., economizer output. output is not useful thermal output, Variable frequency drive means an ad- but thermal energy used to reduce fuel justable-speed drive used on induced moisture is considered useful thermal draft fans and boiler feed pumps to con- output), or to supply energy to a pollu- trol motor speed and torque by varying tion control device at the designated motor input frequency and voltage.

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