This subpart establishes new source performance standards for municipal waste combustors with a combustion capacity greater than 250 tons per day of municipal solid waste.

This subpart takes effect May 11, 2026. Some of the requirements in this subpart apply to municipal waste combustor planning and must be completed before construction is commenced on the municipal waste combustor. In particular, the preconstruction requirements in §§ 60.5730 through 60.5830 must be completed prior to commencing construction. Other requirements (such as the emission limits) apply when the municipal waste combustor begins operation.

Yes, if your municipal waste combustor meets both of the following criteria:

(a) Your municipal waste combustor is a new municipal waste combustor.

(b) Your municipal waste combustor has the capacity to combust greater than 250 tons per day of municipal solid waste.

(a) A new municipal waste combustor meets either of two criteria:

(1) Commenced construction after January 23, 2024.

(2) Commenced reconstruction or modification after September 10, 2026.

(b) This subpart does not apply to your municipal waste combustor if you make physical or operational changes to an existing municipal waste combustor primarily to comply with the emission guidelines in subpart WWWW of this part. Such changes do not qualify as reconstruction or modification under this subpart.

(a) Municipal waste combustors that combust less than 11 tons per day. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your municipal waste combustor that is capable of combusting more than 250 tons per day of municipal solid waste is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day.

(2) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit the notification and copy of the federally enforceable permit required by (a)(2) and (3) of this section as a portable document format (PDF) file electronically according to § 60.6065(d).

(3) You provide the Administrator with a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day. Beginning September 10, 2026, you must submit the notification and copy of the federally enforceable permit required by (a)(2) and (3) of this section as a portable document format (PDF) file electronically according to § 60.6065(d).

(4) You keep daily records of the amount of municipal solid waste combusted.

(b) Small power production facilities. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your unit qualifies as a small power production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).

(2) Your unit combusts homogeneous waste (such as automotive tires or used oil, but excluding refuse-derived fuel) to produce electricity.

(3) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(4) You provide the Administrator with data documenting that the unit qualifies for this exemption.

(c) Cogeneration facilities. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).

(2) Your unit combusts homogeneous waste (such as automotive tires or used oil but excluding refuse-derived fuel) to produce electricity and steam or other forms of useful energy (such as heat) used for industrial, commercial, heating, or cooling purposes.

(3) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(4) You provide the Administrator with documentation that the unit qualifies for this exemption.

(d) Municipal waste combustors that combust only tires. You are exempt from this subpart if you meet each of the following three requirements:

(1) Your municipal waste combustor combusts a single-item waste stream of tires.

(2) You notify the Administrator that the unit qualifies for this exemption.

(3) You provide the Administrator with data documenting that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit the notification and data required under (d)(2) and (3) of this section as a PDF file electronically according to § 60.6065(d).

(e) Hazardous waste combustion units. You are exempt from this subpart if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act.

(f) Materials recovery units. You are exempt from this subpart if your unit combusts waste primarily to recover metals. Primary and secondary smelters qualify for the exemption.

(g) Co-fired combustors. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your municipal waste combustor is a co-fired combustor as defined under § 60.6145.

(2) You notify the Administrator that the unit qualifies for this exemption.

(3) You provide the Administrator with a copy of the federally enforceable permit (specified in the definition of cofired combustor in § 60.6145). Beginning September 10, 2026, you submit the notification and copy of the federally enforceable permit required under (g)(2) and (3) of this section as a PDF file electronically according to § 60.6065(d).

(4) You record the weights, each quarter, of municipal solid waste and of all other fuels combusted.

(h) Plastics/rubber recycling units. You are exempt from this subpart if you meet each of the following five requirements:

(1) Your pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under “Definitions” (§ 60.6145).

(2) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(3) You keep and maintain records of the weights, each calendar quarter, of plastics, rubber, and rubber tires processed.

(4) You keep and maintain records of the weights, each calendar quarter, of chemical plant feed stocks and petroleum refinery feedstocks produced and marketed.

(5) You keep and maintain records of the name and address of the purchaser of those feed stocks.

(i) Units that combust fuels made from products of plastics/rubber recycling plants. You are exempt from this subpart if you meet two requirements:

(1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber recycling units.

(2) Your unit does not combust any other municipal solid waste.

(j) Cement kilns. You are exempt from this subpart if your cement kiln combusts municipal solid waste.

(k) Air curtain incinerators. If your air curtain incinerator (see § 60.6145 for definition) combusts 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, you must meet only the requirements under “Air Curtain Incinerators That Burn 100 Percent Wood Waste, Clean Lumber, and Yard Waste” (§§ 60.6115 through 60.6135). If your air curtain incinerator combusts municipal solid waste other than 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, you are subject to all provisions of this subpart.

If this subpart VVVV applies to your municipal waste combustor, then subparts Db, E, Ea, or Eb of this part do not apply to your municipal waste combustor.

(a) The U.S. EPA Administrator retains the following authorities which are not transferred to a state:

(1) Approval of exemption claims in § 60.5700(a), (b), (c), (d), (g), and (h).

(2) Enforceability under federal law of the federally enforceable (as defined in § 60.6145) permits specified in § 60.5700(a) and (g).

(3) Determination of compliance with the siting requirements as specified in § 60.5790.

(4) Acceptance of relationship between carbon dioxide and oxygen as part of initial and annual performance tests as specified in §§ 60.6080(g) and 60.6090(k).

(5) Approval of other monitoring systems used to obtain emissions data when data is not obtained by CEMS as specified in §§ 60.5955 and 60.5985(g)(11).

(6) Approval of a site-specific monitoring plan for the continuous emission monitoring system specified in § 60.5985(c) and (d) or the continuous automated sampling system specified in § 60.5985(g)(10) and (h) of this section.

(7) Approval of major alternatives to test methods.

(8) Approval of major alternatives to monitoring.

(9) Waiver of recordkeeping.

(10) Performance test and data reduction waivers under § 60.8(b).

(11) Approval of an alternative to any electronic reporting to the EPA required by this subpart.

(b) The Administrator can delegate all other authorities in all other sections of this subpart to the state for direct state enforcement.

These new source performance standards contain five major components:

(a) Preconstruction requirements.

(1) Materials separation plan.

(2) Siting analysis.

(b) Good combustion practices.

(1) Operator training.

(2) Operator certification.

(3) Operating requirements.

(c) Emission limits.

(d) Monitoring and stack testing.

(e) Recordkeeping and reporting.

No, you must meet the preconstruction requirements before you commence construction of the municipal waste combustor. After the municipal waste combustor begins operation, you must meet all of the good combustion practices, emission limits, monitoring, stack testing, and most recordkeeping and reporting requirements.

The requirements for new municipal waste combustors of all types are identical except that carbon monoxide emissions limits are set separately for mass burn, modular, and refuse-derived fuel combustor types (see Table 1 to Subpart VVVV).

(a) You must prepare a materials separation plan for your municipal waste combustor if you commence construction of a new large municipal waste combustor after January 23, 2024.

(b) You must prepare a materials separation plan if you are required to submit an initial application for a construction permit, under 40 CFR part 51, subpart I, or part 52, as applicable, for the reconstruction or modification of your municipal waste combustor.

The plan identifies a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling.

(a) For your materials separation plan, you must complete all of the following nine steps:

(1) Prepare a draft materials separation plan.

(2) Make your draft plan available to the public.

(3) Hold a public meeting on your draft plan.

(4) Prepare responses to public comments received during the public comment period on your draft plan.

(5) Prepare a revised materials separation plan.

(6) Discuss the revised plan at the public meeting for review of the siting analysis.

(7) Prepare responses to public comments received on your revised plan.

(8) Prepare a final materials separation plan.

(9) Submit the final materials separation plan.

(b) You may use analyses conducted under the requirements of 40 CFR part 51, subpart I, or part 52, to comply with some of the materials separation requirements of this subpart.

(a) You must prepare and submit a draft materials separation plan for your municipal waste combustor and its service area.

(b) Your draft materials separation plan must identify a goal and an approach for separating certain components of municipal solid waste for a given service area prior to waste combustion and making them available for recycling. A materials separation plan may include such elements as drop off facilities, buy-back or deposit-return incentives, programs for curbside pickup, and centralized systems for mechanical separation.

(c) Your materials separation plan may include different goals or approaches for different subareas in the service area.

(d) Your materials separation plan may exclude materials separation activities for certain subareas or, if warranted, the entire service area.

(a) Distribute your draft materials separation plan to the principal public libraries in the area where you will construct the municipal waste combustor.

(b) Publish a notice of a public meeting in the principal newspapers that serve two areas:

(1) The area where you will construct the municipal waste combustor.

(2) The areas where the waste that your municipal waste combustor combusts will be collected.

(c) Include six items in your notice of the public meeting:

(1) The date of the public meeting.

(2) The time of the public meeting.

(3) The location of the public meeting.

(4) The location of the public libraries where the public can find your materials separation plan. Include the normal business hours of each library.

(5) An agenda of the topics that will be discussed at the public meeting.

(6) The beginning and ending dates of the public comment period on your draft materials separation plan.

(a) You must accept verbal comments at the public meeting.

(b) You must accept written comments any time during the period that begins on the date the document is distributed to the principal public libraries and ends 30 days after the date of the public meeting.

(a) You must hold a public meeting and accept comments on your draft materials separation plan.

(b) You must hold the public meeting in the county where you will construct the municipal waste combustor.

(c) You must schedule the public meeting to occur 30 days or more after you make your draft materials separation plan available to the public.

(d) You may combine the public meeting with any other public meeting required as part of any other federal, state, or local permit review. However, you may not combine it with the public meeting required for the siting analysis under “Preconstruction Requirements: Siting Analysis” (§ 60.5820).

(e) You are encouraged to address eight topics at the public meeting for your draft materials separation plan:

(1) Expected size of the service area for your municipal waste combustor.

(2) Amount of waste generation (waste collection) anticipated in the service area.

(3) Types and estimated amounts of materials proposed for separation.

(4) Methods proposed for materials separation.

(5) Amount of residual waste for disposal.

(6) Alternate disposal methods for handling the residual waste.

(7) Where your responses to public comments on the draft materials separation plan will be available for inspection.

(8) Where your revised materials separation plan will be available for inspection.

(f) You must prepare a transcript of the public meeting on your draft materials separation plan.

You must do all of the following three steps:

(a) Prepare written responses to any public comments you received during the public comment period. Summarize the responses to public comments in a document that is separate from your revised materials separation plan.

(b) Make the comment response document available to the public (including distribution of the document at least to the principal public libraries used to announce the public meeting) in the service area where you will construct your municipal waste combustor.

(c) Prepare a revised materials separation plan for the municipal waste combustor that includes, as appropriate, changes made in response to any public comments you received during the public comment period.

You must do the following two tasks:

(a) As specified under “Reporting” (§ 60.6055), submit copies of all of the following five items to the Administrator on or before the date you submit the application for a construction permit under 40 CFR part 51, subpart I, or 40 CFR part 52. (If you are not required to submit an application for a construction permit under 40 CFR part 51, subpart I, or 40 CFR part 52, submit copies of the five items to the Administrator by the date of your notice of construction under § 60.6060):

(1) Your draft materials separation plan.

(2) Your revised materials separation plan.

(3) Your notice of the public meeting for your draft materials separation plan.

(4) A transcript of the public meeting on your draft materials separation plan.

(5) The document that summarizes your responses to the public comments you received during the public comment period on your draft materials separation plan.

(b) Make your revised materials separation plan available to the public as part of the distribution of the siting analysis procedures under “Preconstruction Requirements: Siting Analysis” (§ 60.5810).

As part of the public meeting for review of the siting analysis, as specified under “Preconstruction Requirements: Siting Analysis” (§ 60.5820), you must discuss the two following areas:

(a) How the revised materials separation plan has changed from your draft materials separation plan discussed at the first public meeting (§ 60.5760).

(b) Questions about your revised materials separation plan.

(a) If you receive any comments on the revised materials separation plan, you must prepare written responses to any public comments and include them in the document that summarizes your responses to public comments on the siting analysis.

(b) Prepare a final materials separation plan that includes, as appropriate, changes made in response to any public comments you received on your revised materials separation plan.

As specified under “Reporting” (§ 60.6060), submit your final materials separation plan to the Administrator as part of the initial notice of construction for the municipal waste combustor.

(a) You must prepare a siting analysis if you commence construction of a large municipal waste combustor after January 23, 2024.

(b) You must prepare a siting analysis if you are required to submit an initial application for a construction permit, under 40 CFR part 51, subpart I, or 40 CFR part 52, as applicable, for the reconstruction or modification of your municipal waste combustor.

The siting analysis addresses how your municipal waste combustor affects ambient air quality, visibility, soils, vegetation, and other relevant factors. The analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to the maximum extent practicable, potential risks to the public health or the environment.

(a) For your siting analysis, you must complete all of the following five steps:

(1) Prepare an analysis.

(2) Make your analysis available to the public.

(3) Hold a public meeting on your analysis.

(4) Prepare responses to public comments received on your analysis.

(5) Submit your analysis.

(b) If you commence construction after January 23, 2024, you must prepare a siting analysis according to the requirements of 40 CFR part 51, subpart I, or 40 CFR part 52, as applicable, and must submit the siting analysis as part of the initial notification of construction. You may use analyses conducted under the requirements of 40 CFR part 51, subpart I, or part 52 to comply with some of the siting analysis requirements of this subpart.

(a) Include an analysis of how your municipal waste combustor affects the following four areas:

(1) Ambient air quality.

(2) Visibility.

(3) Soils.

(4) Vegetation.

(b) Include an analysis of air pollution control alternatives that minimize, on a site-specific basis, the potential risks to the public health and the environment to the maximum extent practicable.

(a) Distribute your siting analysis and revised materials separation plan to the principal public libraries in the area where you will construct your municipal waste combustor.

(b) Publish a notice of a public meeting in the principal newspapers that serve the following two areas:

(1) The area where you will construct your municipal waste combustor.

(2) The areas where the waste that your municipal waste combustor combusts will be collected.

(c) Include six items in your notice of the public meeting:

(1) The date of the public meeting.

(2) The time of the public meeting.

(3) The location of the public meeting.

(4) The location of the public libraries where the public can find your siting analysis and revised materials separation plan. Include the normal business hours of each library.

(5) An agenda of the topics that will be discussed at the public meeting.

(6) The beginning and ending dates of the public comment period on your siting analysis and revised materials separation plan.

(a) You must accept verbal comments at the public meeting.

(b) You must accept written comments anytime during the period that begins on the date the document is distributed to the principal public libraries and ends 30 days after the date of the public meeting.

(a) You must hold a public meeting to discuss and accept comments on your siting analysis and your revised materials separation plan.

(b) You must hold the public meeting in the county where you will construct your municipal waste combustor.

(c) You must schedule the public meeting to occur 30 days or more after you make your siting analysis and revised materials separation plan available to the public.

(d) You must prepare a transcript of the public meeting on your siting analysis.

If you receive any comments on the siting analysis, you must do the following three things:

(a) Prepare written responses to any public comments on your siting analysis and the revised materials separation plan you received during the public comment period. Summarize the responses to public comments in a document that is separate from your materials separation plan and siting analysis.

(b) Make the document summarizing responses to public comments available to the public in the service area where you will construct your municipal waste combustor. You must distribute the document to all public libraries in the service area where the affected facility is to be located, including the public libraries used to announce the meeting.

(c) Prepare a final siting analysis for the municipal waste combustor that includes, as appropriate, changes made in response to any public comments you received during the public comment period.

As specified under “Reporting” (§ 60.6060), submit all four of the following items as part of the notice of construction:

(a) Your final siting analysis.

(b) Your notice of the public meeting on your siting analysis.

(c) A transcript of the public meeting on your siting analysis.

(d) The document that summarizes your responses to the public comments you received during the public comment period.

There are two types of required training:

(a) Training of operators of municipal waste combustors using the U.S. Environmental Protection Agency (EPA) or a state-approved training course.

(b) Training of plant personnel using a site-specific training course.

(a) Three types of employees must complete the EPA or state-approved operator training course:

(1) Chief facility operators.

(2) Shift supervisors.

(3) Control room operators.

(b) Those employees must complete the operator training course by the later of three dates:

(1) Six months after your municipal waste combustor initial startup.

(2) September 10, 2026.

(3) The date before an employee assumes responsibilities that affect operation of the municipal waste combustor.

All employees with responsibilities that affect how a municipal waste combustor operates must complete the site-specific training course, this includes at least six types of employees:

(a) Chief facility operators.

(b) Shift supervisors.

(c) Control room operators.

(d) Ash handlers.

(e) Maintenance personnel.

(f) Crane or load handlers.

For site-specific training, you must do all of the following four things:

(a) For training at a particular facility, develop a site-specific operating manual for that facility by the later of two dates:

(1) Six months after your municipal waste combustor initial startup.

(2) September 10, 2026.

(b) Establish a training program to review the site-specific operating manual with people whose responsibilities affect the operation of your municipal waste combustor. Complete the initial review by the later of three dates:

(1) Six months after your municipal waste combustor initial startup.

(2) September 10, 2026.

(3) The date prior to the date an employee assumes responsibilities that affect operation of the municipal waste combustor.

(c) Update your manual annually.

(d) Following the initial review, review your operating manual with staff annually.

You must include all of the following 11 items in the operating manual for your facility:

(a) A summary of all applicable standards in this subpart.

(b) A description of the basic combustion theory that applies to a municipal waste combustor.

(c) Procedures for receiving, handling, and feeding municipal solid waste.

(d) Procedures to be followed during periods of startup, shutdown, and malfunction of the municipal waste combustor.

(e) Procedures for maintaining a proper level of combustion air supply.

(f) Procedures for operating the municipal waste combustor in compliance with the standards contained in this subpart.

(g) Procedures for responding to periodic upset or off-specification conditions.

(h) Procedures for minimizing carryover of particulate matter.

(i) Procedures for handling ash.

(j) Procedures for monitoring emissions from the municipal waste combustor.

(k) Procedures for recordkeeping and reporting.

You must keep your operating manual in a readily accessible location at your facility. It must be available for review or inspection for all persons required to undergo training as specified in § 60.5850. The operating manual and records of training as specified in § 60.6035 shall be available for inspection by the EPA or its delegated enforcement agency upon request.

(a) Each chief facility operator and shift supervisor must obtain and keep a current provisional operator certification from the American Society of Mechanical Engineers (QRO-1-2005) (incorporated by reference, see § 60.17) or a current provisional operator certification from your state certification program, by the later of three dates:

(1) Six months after the municipal waste combustor initial startup.

(2) September 10, 2026.

(3) Six months after they transfer to the municipal waste combustor or 6 months after they are hired to work at the municipal waste combustor.

(b) Each chief facility operator and shift supervisor must obtain and maintain a current provisional certification, and must complete the full certification or be scheduled to take the full certification exam, by the later of three dates:

(1) Six months after the municipal waste combustor initial startup.

(2) September 10, 2026.

(3) For a provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position, a full certification exam must be completed within 6 months after they transfer to the municipal waste combustor or 6 months after they are hired to work at the municipal waste combustor.

(c) Each chief facility operator and shift supervisor must take one of three actions:

(1) Obtain and maintain a current provisional operator certification from the American Society of Mechanical Engineers or a state certification program in your state.

(2) Schedule a full certification exam with the American Society of Mechanical Engineers (QRO-1-2005) (incorporated by reference, see § 60.17).

(3) Schedule a full certification exam with your state certification program.

After the required date for full or provisional certifications, you must not operate your municipal waste combustor unless one of four employees is on duty:

(a) A fully certified chief facility operator.

(b) A fully certified shift supervisor.

(c) A provisionally certified chief facility operator or a provisionally certified shift supervisor who is scheduled to take the full certification exam specified in § 60.5865.

If the certified chief facility operator and certified shift supervisor both are unavailable, a provisionally certified control room operator at the municipal waste combustor may fulfill the certified operator requirement. Depending on the length of time that a certified chief facility operator and certified shift supervisor are away, you must meet one of the three following criteria:

(a) When the certified chief facility operator and certified shift supervisor are both offsite for 12 hours or less, and no other certified operator is onsite, the provisionally certified control room operator may perform the duties of the certified chief facility operator or certified shift supervisor.

(b) When the certified chief facility operator and certified shift supervisor are offsite for more than 12 hours, but for 2 weeks or less, and no other certified operator is onsite, the provisionally certified control room operator may perform those duties without notice to, or approval by, the Administrator. However, you must record the period when the certified chief facility operator and certified shift supervisor are offsite and include that information in the annual report as specified under § 60.6090(l).

(c) When the certified chief facility operator and certified shift supervisor are offsite for more than 2 weeks, and no other certified operator is onsite, the provisionally certified control room operator may perform those duties without notice to, or approval by, the Administrator. However, you must take the following two actions:

(1) Notify the Administrator in writing. In the notice, state what caused the absence and what you are doing to ensure that a certified chief facility operator or certified shift supervisor is onsite as expeditiously as practicable. Beginning September 10, 2026, submit this notification as a PDF file electronically according to § 60.6065(d).

(2) Submit a status report and corrective action summary to the Administrator every 4 weeks following the initial notification. If the Administrator notifies you that your status report or corrective action summary is disapproved, the municipal waste combustor may continue operation for 90 days, but then must cease operation. If corrective actions are taken in the 90-day period such that the Administrator withdraws the disapproval, municipal waste combustor operation may continue. Beginning September 10, 2026, submit this status report as a PDF file electronically according to § 60.6065(d).

(d) A provisionally certified operator who is newly promoted or recently transferred to a shift supervisor position or a chief facility operator position at the municipal waste combustor may perform the duties of the certified chief facility operator or certified shift supervisor without notice to, or approval by, the Administrator for up to 6 months before taking the ASME QRO certification exam as specified in § 60.5865.

(a) You must meet the carbon monoxide emission limits specified in Table 1 to Subpart VVVV within 60 days of your municipal waste combustor reaching the maximum load level at which it will operate, but no later than 180 days after its initial startup.

(b) You must not operate your municipal waste combustor at loads greater than 110 percent of the maximum demonstrated load of the municipal waste combustor (4-hour block average), as specified under “Definitions” (§ 60.6145) except as specified in paragraphs (b)(1) and (2) of this section. The averaging time is specified under § 60.5995.

(1) During the annual dioxins/furans or mercury performance test and the 2 weeks preceding the annual dioxins/furans or mercury performance test, the municipal waste combustor load limit is not applicable if the provisions of paragraph (b)(2) of this section are met.

(2) The Administrator may waive in writing the municipal waste combustor load limit for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The municipal waste combustor load limit continues to apply, and remains enforceable, until and unless the Administrator grants the waiver.

(c) You must not operate your municipal waste combustor so that the temperature measured at the inlet of the particulate matter control device exceeds 17 °C above the maximum demonstrated temperature of the particulate matter control device (4-hour block average), as specified under “Definitions” (§ 60.6145) except as specified in paragraphs (c)(1) and (2) of this section. The averaging time is specified under § 60.6000. The requirements specified in this paragraph apply to each particulate matter control device used.

(1) During the annual dioxins/furans or mercury performance test and the 2 weeks preceding the annual dioxins/furans or mercury performance test, the particulate matter control device temperature limitations are not applicable if the provisions of paragraph (c)(2) of this section are met.

(2) The Administrator may waive in writing the particulate matter control device temperature limits for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. The temperature limits continue to apply, and remain enforceable, until and unless the Administrator grants the waiver.

(d) If your municipal waste combustor uses activated carbon to control dioxins/furans or mercury emissions, you must meet the requirements for activated carbon injection rate during dioxins/furans or mercury testing as specified in § 60.6005.

The operating requirements under this subpart apply at all times including periods of municipal waste combustor warmup, startup, shutdown, and malfunction. Monitoring data cannot be dismissed or excluded from compliance calculations during periods of startup, shutdown, or malfunction, but must be recorded and reported in accordance with the provisions of § 60.6045(e). The provisions applicable to periods of startup, shutdown, and malfunction of § 60.8(c) of subpart A of this part do not apply.

Eleven pollutants, in four groupings, are regulated:

(a) Organics. Dioxins/furans.

(b) Metals.

(1) Cadmium.

(2) Lead.

(3) Mercury.

(4) Opacity.

(5) Particulate matter.

(c) Acid gases.

(1) Hydrogen chloride.

(2) Nitrogen oxides.

(3) Sulfur dioxide.

(d) Other.

(1) Carbon monoxide.

(2) Fugitive ash.

(a) You must meet the emission limits specified in Table 1 and Table 2 to Subpart VVVV. You must meet the limits 60 days after your municipal waste combustor reaches the maximum load level but no later than 180 days after its initial startup.

(b) The visible emissions of combustion ash discharged to the atmosphere from an ash conveying system (including conveyor transfer points) must not exceed 5 percent of the observation period (i.e., 9 minutes per 3-hour period), as determined by EPA Reference Method 22 observations as specified in § 60.5975(a). You must meet the limits 60 days after your municipal waste combustor reaches the maximum load level but no later than 180 days after its initial startup. This visible emission limit does not cover visible emissions discharged inside buildings or enclosures of ash conveying systems; however, the visible emission limit does cover visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems. This visible emissions limit does not apply to visible emissions that occur during repair and maintenance of the combustion ash conveying systems while the municipal waste combustor is not operating.

(a) The emission limits of this subpart apply at all times including periods of warmup, startup, shutdown, and malfunction. The provisions applicable to periods of startup, shutdown, and malfunction of § 60.11(c) of subpart A of this part do not apply.

To continuously monitor emissions, you must perform all of the following four tasks:

(a) Install continuous emission monitoring systems for certain gaseous pollutants.

(b) Make sure your continuous emission monitoring systems are operating correctly.

(c) Make sure you obtain the minimum amount of monitoring data.

(d) Install a continuous opacity monitoring system for measuring opacity.

(a) You must install, calibrate, maintain, and operate continuous emission monitoring systems for oxygen (or carbon dioxide), sulfur dioxide, carbon monoxide, and nitrogen oxides to demonstrate compliance with the emission limits specified in Tables 1 and 2 to Subpart VVVV. Install the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, carbon monoxide, and oxygen (or carbon dioxide) at the outlet of the air pollution control device.

(b) If you elect to continuously monitor emissions for particulate matter, cadmium, lead, mercury, or hydrogen chloride in lieu of performance testing, you must install, calibrate, maintain, and operate continuous emissions monitoring systems for monitoring the particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions discharged to the atmosphere and continuous emissions monitoring systems for oxygen (or carbon dioxide) at the outlet of the air pollution control device.

(c) You must install, evaluate, and operate each continuous emission monitoring system according to the “Monitoring Requirements” in § 60.13.

(d) You must monitor the oxygen (or carbon dioxide) concentration at each location where you monitor carbon monoxide, sulfur dioxide, and nitrogen oxides. If you elect to continuously monitor emissions for particulate matter, cadmium, lead, mercury, or hydrogen chloride, you must monitor the oxygen (or carbon dioxide) concentration at each location where you monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride.

(e) You may choose to monitor carbon dioxide instead of oxygen as a diluent gas. If you choose to monitor carbon dioxide, then an oxygen monitor is not required, and you must follow the requirements in § 60.5930.

(a) You must use data from the continuous emission monitoring systems for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate continuous compliance with the emission limits specified in Tables 1 and 2 to Subpart VVVV. To demonstrate compliance for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash, see § 60.5965.

(b) You may elect to continuously monitor emissions for particulate matter, cadmium, lead, mercury, or hydrogen chloride to demonstrate continuous compliance with the emission limits specified in Table 2 to Subpart VVVV.

(c) For pollutants that you continuously monitor as described in paragraphs (a) and (b) of this section, you may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in § 60.5930.

(d) For pollutants that you continuously monitor as described in paragraphs (a) and (b) of this section, demonstrate compliance with the emission limits in Tables 1 and 2 to Subpart VVVV by using the continuous emission monitoring system specified § 60.5910 to collect the minimum amount of monitoring data specified in § 60.5935 and calculating the average emission concentration as specified in § 60.5940 and Table 4 to Subpart VVVV, as applicable.

(a) Conduct initial, daily, quarterly, and annual evaluations of your continuous emission monitoring systems that measure oxygen (or carbon dioxide), sulfur dioxide, nitrogen oxides, and carbon monoxide and your continuous emission monitoring systems for any pollutants (particulate matter, cadmium, lead, mercury, or hydrogen chloride) for which you elect to continuously monitor emissions, as appropriate.

(b) Complete your initial evaluation of the continuous emission monitoring systems within 60 days after your municipal waste combustor reaches the maximum load level at which it will operate, but no later than 180 days after the initial startup of your municipal waste combustor, as specified under § 60.8 of subpart A of this part, or, for pollutants for which you elect to continuously monitor emissions and for which you previously determined compliance by conducting a performance test, within 180 days of notification of the Administrator of use of the continuous monitoring system, whichever is later.

(c) For initial and annual evaluations, you must collect data concurrently (or within 30 to 60 minutes) from: your oxygen (or carbon dioxide) continuous emission monitoring system; your sulfur dioxide, nitrogen oxides, and carbon monoxide continuous emission monitoring systems, as appropriate; your continuous emission monitoring systems for any pollutants (particulate matter, cadmium, lead, mercury, or hydrogen chloride) for which you elect to continuously monitor emissions, as appropriate; and the appropriate test methods specified in Tables 3 and 4 to Subpart VVVV. Collect the data during each initial and annual evaluation of your continuous emission monitoring systems following the applicable performance specifications in Table 3 to Subpart VVVV

(d) For continuous emission monitoring systems that measure oxygen (or carbon dioxide), sulfur dioxide, nitrogen oxides, and carbon monoxide, follow the quality assurance procedures in Procedure 1 of appendix F of this part for each continuous emission monitoring system. The procedures include annual relative accuracy test audit, daily calibration drift, and quarterly accuracy determinations. For continuous emission monitoring systems for any pollutants (particulate matter, cadmium, lead, mercury, or hydrogen chloride) for which you elect to continuously monitor emissions, as appropriate, follow the quality assurance procedures of the applicable procedures of appendix F as specified in Table 3 to Subpart VVVV or the site-specific monitoring plan.

(a) Conduct annual relative accuracy test audits of your continuous emission monitoring systems no less than 9 calendar months and no more than 15 calendar months following the previous performance test; you must complete five relative accuracy test audits in each 5-year calendar period.

(b) Evaluate your continuous emission monitoring systems daily and quarterly as specified in procedure 1 in appendix F of this part.

You must establish the relationship between oxygen and carbon dioxide during the initial evaluation of your continuous emission monitoring systems. You may reestablish the relationship during annual performance compliance tests. To establish the relationship, use three procedures:

(a) Use EPA Reference Method 3, 3A or 3B in appendix A of this part, or as an alternative the manual method portion of ASME PTC-19-10-1981—part 10 (incorporated by reference, see § 60.17), as applicable, to determine oxygen concentration at the location of your carbon dioxide monitor.

(b) Conduct at least three test runs for oxygen. Make sure each test run represents a 1-hour average and that sampling continues for at least 30 minutes in each hour.

(c) Use the fuel-factor equation in EPA Reference Method 3B in appendix A of this part to determine the relationship between oxygen and carbon dioxide.

(a) Where continuous emission monitoring systems are required, obtain 1-hour arithmetic averages. Make sure the averages for sulfur dioxide, nitrogen oxides, and carbon monoxide, and, if you elect to continuously monitor emissions, the averages for particulate matter, cadmium, lead, mercury, or hydrogen chloride, are in the units specified in Tables 1 and 2 to Subpart VVVV at 7 percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour averages of oxygen (or carbon dioxide) data from your continuous emission monitoring system to determine the actual oxygen (or carbon dioxide) level and to calculate emissions at 7 percent oxygen (or the equivalent carbon dioxide level). The 1-hour arithmetic averages shall be calculated using the data points required under § 60.13(e)(2) of subpart A of this part. Do not correct CEMS data during warmup, startup, and shutdown, as defined in this subpart, to 7 percent oxygen. CEMS data during warmup, startup, and shutdown are used as measured.

(b) Obtain at least two data points per hour in order to calculate a valid 1-hour arithmetic average.

(c) Valid continuous monitoring system hourly averages shall be obtained for all times the affected facility is operated except as specified in § 60.13(e).

(d) If you do not obtain the minimum data required in paragraphs (a) through (c) of this section, you must still use all valid data from the continuous emission monitoring systems in calculating emission concentrations in accordance with § 60.5940.

(a) Use equation 1 in § 60.6140(a) to calculate emissions at 7 percent oxygen.

(b) Use the test methods in Table 4 to Subpart VVVV to calculate the 24-hr daily geometric average concentrations and percent reductions of sulfur dioxide emissions and the 24-hr daily arithmetic average for concentrations of nitrogen oxides.

(c) Calculate the 4-hour block or 24-hour daily arithmetic averages specified in Table 1 to Subpart VVVV (as applicable) from 1-hour arithmetic averages expressed in parts per million by volume corrected to 7 percent oxygen (dry basis) for concentrations of carbon monoxide. CEMS data during warmup, startup, and shutdown, as defined in this subpart, are not corrected to 7 percent oxygen, and are used as measured.

(d) If you elect to continuously monitor emissions of particulate matter, mercury, cadmium, lead, or hydrogen chloride, use EPA Reference Method 19, section 12.4.1, in appendix A of this part, to calculate a 24-hour daily block arithmetic average for emission concentrations.

(a) Install, calibrate, maintain, and operate a continuous opacity monitoring system.

(b) Install, evaluate, and operate each continuous opacity monitoring system according to § 60.13.

(c) The output of the continuous opacity monitoring system shall be recorded on a 6-minute average basis.

(d) Complete an initial evaluation of your continuous opacity monitoring system according to Performance Specification 1 in appendix B of this part. Complete the evaluation no later than 180 days after the date of the initial startup of the municipal waste combustor, as specified under § 60.8.

(e) Follow Table 4 to Subpart VVVV to establish the procedures and test methods to determine compliance with the opacity limit in Table 2 to Subpart VVVV. The data obtained from your continuous opacity monitoring system are not used to determine compliance with the opacity limit.

(a) Use the required span values and applicable performance specifications in Table 3 to Subpart VVVV.

(b) For continuous emission monitoring systems measuring carbon monoxide, if your municipal waste combustor is subject to the 100 parts per million dry volume carbon monoxide standard, the relative accuracy criterion of 5 parts per million dry volume is calculated as the absolute value of the mean difference between the reference method and continuous emission monitoring systems.

(a) When you are unable to obtain emissions of particulate matter, sulfur dioxide, or nitrogen oxides because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, you must obtain emissions data by using other monitoring systems as approved by the Administrator or EPA Reference Method 19 and provide, as necessary, valid emissions data for all times that the municipal waste combustor is operated.

(b) If you are unable to obtain emissions of carbon monoxide emissions because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, you must obtain emissions data by using other monitoring systems as approved by the Administrator or EPA Reference Method 10 and provide, as necessary, valid emissions data for all times that the municipal waste combustor is operated.

(c) If you elect to continuously monitor mercury, cadmium, lead, or hydrogen chloride and you are unable to obtain emissions data because of continuous emission monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments, you must obtain emissions data by using other monitoring systems as approved by the Administrator.

Conduct initial and annual stack tests to measure the emission levels of particulate matter, opacity, cadmium, lead, mercury, hydrogen chloride, dioxins/furans, and fugitive ash in accordance with the methods specified in Table 4 to Subpart VVVV.

You must use results of stack tests for particulate matter, opacity, cadmium, lead, mercury, hydrogen chloride, dioxins/furans, and fugitive ash to demonstrate compliance with the emission limits in Table 2 to Subpart VVVV. When calculating total dioxins/furans, zero may be used for congeners that are below the estimated detection limit (EDL). For estimated maximum possible concentration (EMPC) results, zero may be used when the EMPC is below the EDL, otherwise the EMPC must be used in determining total dioxins/furans. To demonstrate compliance for carbon monoxide, nitrogen oxides, and sulfur dioxide, see § 60.5910.

(a) Conduct initial stack tests for sulfur dioxide, nitrogen oxides, and each of the pollutants listed in § 60.5960 within 60 days after your municipal waste combustor reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup.

(b) Conduct annual stack tests for the each of the pollutants listed in § 60.5960 after the initial stack test. Conduct each annual stack test no less than 9 calendar months and no more than 15 calendar months following the previous performance test, except as specified in § 60.5985 of this section. You must complete five performance tests in each 5-year calendar period.

(a) Follow Table 4 to Subpart VVVV to establish the procedures and test methods, and other specific testing requirements for the different pollutants.

(b) Stack tests for all the pollutants must consist of at least three test runs, as specified in § 60.8, conducted under representative full load operating conditions. For particulate matter, opacity, cadmium, lead, mercury, hydrogen chloride, and dioxins/furans use the arithmetic average of the pollutant emission concentrations from the three test runs to determine compliance with the emission limits in Table 2 to Subpart VVVV. For fugitive ash, use the arithmetic average duration of visible emissions per hour as calculated from three 1-hr observations to determine compliance with the emission limits in Table 2 to Subpart VVVV.

(c) Obtain an oxygen (or carbon dioxide) measurement at the same time as your pollutant measurements to determine diluent gas levels, as specified in § 60.5910.

(d) You may request that compliance with emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in § 60.5930.

(e) Use equation 1 in § 60.6140(a) to calculate emission levels at 7 percent oxygen (or an equivalent carbon dioxide basis). See the individual test methods in Table 4 to Subpart VVVV for other required equations.

(a) For annual performance stack tests for dioxins/furans, you may conduct annual stack tests on an alternate performance testing schedule for the purposes of evaluating system performance to establish new operating parameter levels, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions. You may test one unit for dioxins/furans and apply the dioxins/furans operating parameters to similarly designed and equipped units on site if you meet both of the following conditions. First, you have multiple municipal waste combustors onsite that are subject to this subpart. Second, all those municipal waste combustors have demonstrated levels of dioxins/furans emissions less than or equal to 5.5 nanograms per dry standard cubic meter (total mass) for 2 consecutive years. In that case, you may choose to conduct annual stack tests on only one municipal waste combustor per year at your facility. The provision only applies to performance stack testing for dioxins/furans emissions. You must meet the requirements in paragraphs (b) through (e) of this section.

(b) At a minimum, you must conduct a performance test for dioxins/furans emissions for one municipal waste combustor on an annual basis (no less than 9 calendar months and no more than 15 months following the previous performance test), and you must complete five performance tests in each 5-year calendar period. Each year a different municipal waste combustor must be tested, and the municipal waste combustors must be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable).

(1) If each annual performance test continues to indicate a dioxins/furans emission level less than or equal to 5.5 nanograms per dry standard cubic meter (total mass), you may continue to conduct a performance test on only one municipal waste combustor per year.

(2) If any annual performance test indicates a dioxins/furans emission level greater than 5.5 nanograms per dry standard cubic meter (total mass), you must conduct all subsequent annual performance tests on all municipal waste combustors. You must continue to conduct performance tests on all units annually until you can demonstrate dioxins/furans emission level less than or equal to 5.5 nanograms per dry standard cubic meter (total mass) through performance tests for all units subject to this subpart for 2 consecutive years.

(c) Upon meeting the requirements in paragraph (b) of this section for one affected facility, you may elect to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels for dioxins/furans as established in § 60.6005 to similarly designed and equipped units on site.

(d) Upon testing each subsequent unit in accordance with the testing schedule established in paragraph (b) of this section, the dioxins/furans and mercury emissions of the subsequent unit must not exceed the dioxins/furans and mercury emissions measured in the most recent test of that unit prior to the revised operating parameter limits.

(e) If you follow the performance testing schedule specified in paragraph (b) of this section and apply the carbon injection system operating parameters to similarly designed and equipped units on site, you must follow the procedures specified in § 60.6090(j) for reporting, including the procedures specified in § 60.6090(i) for reporting the selection of this schedule.

(a) In lieu of conducting performance stack tests according to the requirements of § 60.5960 to demonstrate continuous compliance for particulate matter, cadmium, lead, mercury, or hydrogen chloride, you may install, calibrate, maintain, and operate continuous emissions monitoring systems for monitoring emissions according to the requirements of § 60.5905 through § 60.5955. If you elect to continuously monitor emissions instead of conducting performance testing, you are not required to complete annual performance testing as specified in Table 4 to Subpart VVVV. If you elect to continuously monitor particulate matter emissions, you are not required to continuously monitor opacity as specified in § 60.5905(d) and § 60.5945.

(b) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, you must also meet the following requirements:

(1) Notify the Administrator one month before starting use of the system.

(2) Notify the Administrator one month before stopping use of the system.

(c) If you elect to install, calibrate, maintain, and operate a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride, develop and submit for approval by EPA, a site-specific mercury, cadmium, lead, or hydrogen chloride monitoring plan that addresses the elements and requirements in paragraphs (c)(1) through (7) of this section.

(1) Installation of the continuous emission monitoring system sampling probe or other interface at a measurement location relative to each municipal waste combustor such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).

(2) Performance and equipment specifications for the sample interface, the pollutant concentration analyzer, and the data collection and reduction system.

(3) Performance evaluation procedures and acceptance criteria (e.g., calibrations).

(4) Provisions for periods when the continuous emission monitoring system is out of control, including the requirements described in paragraphs (c)(4)(i) through (iii) of this section:

(i) A continuous emission monitoring system is out of control if either of the following conditions are met: the zero (low-level), mid-level (if applicable), or high-level calibration drift exceeds two times the applicable calibration drift specification in the applicable performance specification or in the relevant standard; or the continuous emission monitoring system fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit.

(ii) When the continuous emission monitoring system is out of control, you must take corrective action and repeat all necessary tests that indicate that the system is out of control until the performance requirements are within the applicable limits. The beginning of the out-of-control period is the hour you conduct a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and your successful demonstration that the system is within the allowable limits. You may not use recorded data from the period the continuous emission monitoring system is out of control in data averages and calculations or to meet any data availability requirements.

(iii) You must submit all information concerning out-of-control periods for your continuous emission monitoring system, including start and end dates and hours and descriptions of corrective actions taken, in the annual or semiannual compliance reports required in § 60.6105(d).

(5) Ongoing data quality assurance procedures for continuous emission monitoring systems as described in paragraphs (c)(5)(i) and (ii) of this section.

(i) A continuous emission monitoring system quality control program. You must develop and submit to EPA for approval, upon request, a site-specific performance evaluation test plan for the continuous emission monitoring system performance evaluation required under paragraph (c)(5)(ii) of this section. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the operations described in paragraphs (c)(5)(i)(A) through (c)(5)(i)(F) of this section.

(A) Initial and any subsequent calibration of the continuous emission monitoring system;

(B) Determination and adjustment of the calibration drift of the continuous emission monitoring system;

(C) Preventive maintenance of the continuous emission monitoring system, including spare parts inventory;

(D) Data recording, calculations, and reporting;

(E) Accuracy audit procedures, including sampling and analysis methods; and

(F) Program of corrective action for a malfunctioning continuous emission monitoring system.

(ii) Your performance evaluation test plan must include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program must include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous emission monitoring system performance, for example, plans for relative accuracy testing using the appropriate reference method in § 60.5920(c). The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(6) You must conduct a performance evaluation of each continuous emission monitoring system in accordance with the site-specific monitoring plan.

(7) You must operate and maintain the continuous emission monitoring system in continuous operation according to the site-specific monitoring plan and procedures 5 and 6 of appendix F of this part.

(d) You may use a continuous emission monitoring system for mercury or hydrogen chloride following the date of approval of the site-specific monitoring plan required in paragraph (c) of this section. You may use a continuous emission monitoring system for cadmium or lead following the date a final performance specification applicable to a cadmium or lead monitor is published in the Federal Register and the date of approval of the site-specific monitoring plan required in paragraph (c) of this section.

(e) In lieu of conducting performance stack tests according to the requirements of § 60.5960 to demonstrate continuous compliance for mercury or dioxins/furans, you may install, calibrate, maintain, and operate a continuous automated sampling system for monitoring mercury or dioxins/furans emissions and record the output of the system. For dioxins/furans emissions, you must also analyze the sample using EPA Method 23.

(f) You may use a continuous automated sampling system for dioxins/furans following the date a final performance specification applicable to dioxins/furans from monitors is published in the Federal Register or the date of approval of a site-specific monitoring plan.

(g) If you elect to use a continuous automated sampling system for dioxins/furans or mercury, you must meet the following requirements:

(1) Notify the Administrator one month before starting use of the system.

(2) Notify the Administrator one month before stopping use of the system.

(3) Complete your initial performance evaluation of the continuous automated sampling system no later than 180 days after the date of initial startup of your municipal waste combustor, as specified under § 60.8 of subpart A of this part, or, if you previously determined compliance by conducting a performance test, within 180 days of notification to the Administrator of use of the continuous automated sampling system, whichever is later.

(4) You may request that compliance with the emission limits be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected facility shall be established as specified in § 60.5930.

(5) Conduct an initial performance test for emissions as required under § 60.8 of subpart A of this part. Determine compliance with the emission limits in Table 2 to Subpart VVVV using the continuous automated sampling system specified in paragraph (e) of this section to collect integrated samples and analyze emissions for the following time periods:

(i) For dioxins/furans, collect an integrated sample over each 2-week period. Analyze the collected samples using Method 23.

(ii) For mercury, collect an integrated sample over each 24-hour daily period. Analyze the sample according to the applicable final performance specification or the approved site-specific monitoring plan required by paragraph (h) of this section.

(6) Determine compliance with the emission limits in Table 2 to Subpart VVVV based on 2-week emission concentrations for dioxins/furans and on the 24-hour daily emission concentrations for mercury using samples collected at the system outlet. For mercury percent reductions, also use the corresponding 24-hour daily emission concentration samples collected at the system inlet. The emission concentrations shall be expressed in nanograms per dry standard cubic meter (total mass) for dioxins/furans and micrograms per dry standard cubic meter for mercury, corrected to 7 percent oxygen (dry basis). Do not correct CEMS data during warmup, startup, and shutdown to 7 percent oxygen. CEMs data during warmup, startup, and shutdown are used as measured.

(7) Beginning on the date two years after the final performance specification for continuous automated sampling systems for dioxins/furans is published in the Federal Register or on the date two years after approval of a site-specific monitoring plan, you must operate your continuous automated sampling system and collect emissions for all times that your municipal waste combustor is operating.

(8) Use all valid data in calculating emission concentrations.

(9) For mercury, operate the continuous automated sampling system according to Performance Specification 12B in appendix B of this part or, for mercury or dioxins/furans, the approved site-specific monitoring plan.

(10) If you elect to install, calibrate, maintain, and operate a continuous automated sampling system for dioxins/furans or mercury, develop and implement a site-specific monitoring plan as specified in paragraph (h) of this section. If you rely on a performance specification, you may refer to that document in addressing the applicable procedures and criteria. For mercury, you must incorporate procedure 5 of appendix F to this part into the site-specific monitoring plan.

(11) When you are unable to obtain emissions data because of continuous automated sampling system breakdowns, repairs, quality assurance checks, or adjustments, you must obtain parametric monitoring data by using other monitoring systems as approved by EPA.

(h) If you elect to install, calibrate, maintain, and operate a continuous automated sampling system for dioxins/furans or mercury, develop and submit for approval by EPA a site-specific monitoring plan that has sufficient detail to assure the validity of the continuous automated sampling system data and that addresses the elements and requirements in paragraphs (h)(1) through (7) of this section.

(1) Installation of the continuous automated sampling system sampling probe or other interface at a measurement location relative to each municipal waste combustor such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device).

(2) Performance and equipment specifications for the sample interface, the pollutant concentration analytical method, and the data collection system.

(3) Performance evaluation procedures and acceptance criteria.

(4) Provisions for periods when the continuous automated sampling system is malfunctioning or is out of control, including the requirements described in paragraphs (h)(4)(i) through (iii) of this section.

(i) The site-specific monitoring plan must identify criteria for determining that the continuous automated sampling system is out of control, including periods when the sampling system is not collecting a representative sample or is malfunctioning, or when the analytical method does not meet site-specific quality criteria established in paragraph (h)(5) of this section.

(ii) When the continuous automated sampling system is out of control, take corrective action and repeat all necessary tests that indicate that the system is out of control until the performance requirements are within the applicable limits. The out-of-control period includes all hours that the sampling system was not collecting a representative sample or was malfunctioning, or hours represented by a sample for which the analysis did not meet the relevant quality criteria. You may not use emissions data from the period the continuous automated sampling system is out-of-control period to determine compliance with the emission limits or to meet any data availability requirements.

(iii) You must submit all information concerning out-of-control periods for your continuous automated sampling system, including start and end dates and hours, estimates of emissions during the out-of-control period and the basis of the estimate, and descriptions of corrective actions taken, in the annual or semiannual compliance reports required in § 60.6105(d).

(5) Ongoing data quality assurance procedures for continuous automated sampling systems as described in paragraphs (h)(5)(i) and (ii) of this section.

(i) A continuous automated sampling system and analysis quality control program. You must develop and submit to EPA for approval, upon request, a site-specific performance evaluation test plan for the continuous automated sampling system performance evaluation required in paragraph (h)(5)(ii) of this section. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the operations described in paragraphs (h)(5)(i)(A) through (G) of this section.

(A) Correct placement, installation of the continuous automated sampling system such that the system is collecting a representative sample of gas;

(B) Initial and subsequent calibration of flow such that the sample collection rate of the continuous automated sampling system is known and verifiable;

(C) Procedures to assure representative (e.g., proportional or isokinetic) sampling;

(D) Preventive maintenance of the continuous automated sampling system, including spare parts inventory and procedures for cleaning equipment, replacing sample collection media, or other servicing at the end of each sample collection period;

(E) Data recording and reporting, including an automated indicator and recording device to show when the continuous automated monitoring system is operating and collecting data and when it is not collecting data;

(F) Accuracy audit procedures for analytical methods; and

(G) Program of corrective action for a malfunctioning continuous automated sampling system.

(ii) Your performance evaluation test plan must include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data. The internal quality assurance program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of continuous automated sampling system performance, for example, plans for relative accuracy testing using the appropriate reference method in paragraph (g)(3) of this section, and an assessment of quality of analysis results. The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

(6) You must conduct a performance evaluation of each continuous automated sampling system in accordance with the site-specific monitoring plan.

(7) You must operate and maintain the continuous automated sampling system in continuous operation according to the site-specific monitoring plan.

You must also monitor all the following three operating parameters:

(a) Load level of each municipal waste combustor.

(b) Temperature of flue gases at the inlet of your particulate matter air pollution control device.

(c) Carbon feed rate if activated carbon is used to control dioxins/furans or mercury emissions.

(a) If your municipal waste combustor generates steam, you must install, calibrate, maintain, and operate a steam flowmeter or a feed water flowmeter and meet all the following five requirements:

(1) Continuously measure and record the measurements of steam (or feed water) flow in kilograms (or pounds) per hour.

(2) Calculate your steam (or feed water) flow in 4-hour block arithmetic averages.

(3) Calculate the steam (or feed water) flow rate using the method in “American Society of Mechanical Engineers Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1—1964 (R1991),” section 4 (incorporated by reference, see § 60.17).

(4) Design, construct, install, calibrate, and use nozzles or orifices for flow rate measurements, using the recommendations in “American Society of Mechanical Engineers Interim Supplement 19.5 on Instruments and Apparatus: Application, part II of Fluid Meters,” 6th Edition (1971), chapter 4 (incorporated by reference, see § 60.17).

(5) Before each dioxins/furans performance stack test, or at least once a year, calibrate all signal conversion elements associated with steam (or feed water) flow measurements according to the manufacturer instructions. Measurement devices such as flow nozzles and orifices are not required to be recalibrated after they are installed.

(b) Determine the maximum demonstrated municipal waste combustor load during the initial performance test for dioxins/furans and each subsequent performance test specified in § 60.5970 during which you achieve compliance with the dioxins/furans emission limit in Table 2 to Subpart VVVV. The maximum demonstrated municipal waste combustor load is the highest 4-hour arithmetic average load achieved during four consecutive hours during the most recent test. If a subsequent dioxins/furans performance test is being performed on only one municipal waste combustor as specified in § 60.5980, you may apply the same maximum municipal waste combustor load from the tested facility for all the similarly designed and operated municipal waste combustors.

(a) You must install, calibrate, maintain, and operate a device to continuously measure the temperature of the flue gas stream at the inlet of each particulate matter control device.

(b) Calculate the temperature of the flue gas stream in 4-hour block arithmetic averages.

(c) Determine the maximum demonstrated particulate matter control device temperature for each particulate matter control device during the initial performance test for dioxins/furans and each subsequent performance test specified in § 60.5970 during which you achieve compliance with the dioxins/furans emission limit. The maximum demonstrated particulate matter control device temperature is the highest 4-hour arithmetic average temperature achieved at the particulate matter control device inlet during four consecutive hours during the most recent test. If a subsequent dioxins/furans performance test is being performed on only one municipal waste combustor as specified in § 60.5980, you may apply the same maximum particulate matter control device temperature from the tested facility for all the similarly designed and operated municipal waste combustors.

If your municipal waste combustor uses activated carbon to control dioxins/furans or mercury emissions, you must meet three requirements:

(a) Select a carbon injection system operating parameter(s) that can be used to calculate carbon feed rate (for example, screw feeder speed, hopper volume, or hopper refill frequency).

(b) During the initial and each subsequent dioxins/furans and mercury performance stack test specified in § 60.5970, estimate an average carbon feed rate in kilograms (or pounds) per hour. You must determine an average operating parameter level that correlates to the carbon feed rate and establish a relationship between the operating parameter(s) and the carbon feed rate in order to estimate the average carbon feed rate. If a subsequent dioxins/furans performance test is being performed on only one municipal waste combustor as specified in § 60.5980, you may apply the same estimated average carbon mass feed rate from the tested facility for all the similarly designed and operated municipal waste combustors.

(c) Continuously monitor the selected carbon injection operating parameter(s) (as specified in paragraph (b) of this section) during all periods when the municipal waste combustor is operating and combusting waste, and calculate the 8-hour block average carbon feed rate in kilograms (or pounds) per hour, based on the selected operating parameter. The 8-hour block average must equal or exceed the level(s) documented during the performance tests specified under paragraph (b) of this section, except that during the annual dioxins/furans or mercury performance test and the 2 weeks preceding the annual dioxins/furans or mercury performance test, the limit for average mass carbon feed rate may be waived following permission of the Administrator if the tests are for the purpose of evaluating system performance, testing new technology or control technologies, diagnostic testing, or related activities for the purpose of improving facility performance or advancing the state-of-the-art for controlling facility emissions.

(d) You must estimate the total carbon usage of the facility (kilograms or pounds) for each calendar quarter using two independent methods:

(1) The weight of carbon delivered to the facility.

(2) Estimate the average carbon mass feed rate in kilograms per hour or pounds per hour for each hour of operation for each municipal waste combustor, based on the selected carbon injection operating parameter(s) specified in paragraph (b) of this section, and as specified in equation 2 to § 60.6140.

(e) Use pneumatic injection pressure or another carbon injection system operational indicator for additional verification of proper carbon injection system operation. The operational indicator must provide an instantaneous visual and/or audible alarm to alert the operator of a potential interruption in the carbon feed that would not normally be indicated by direct monitoring of carbon mass feed rate (e.g., continuous weight loss feeder) or monitoring of the carbon system operating parameter(s) that are the indicator(s) of carbon mass feed rate (e.g., screw feeder speed). The carbon injection system operational indicator used to provide additional verification of carbon injection system operation, including basis for selecting the indicator and operator response to the indicator alarm, shall be included in the site-specific operating manual required under § 60.5855 of this subpart.

(a) Where continuous parameter monitoring systems are used, obtain 1-hour arithmetic averages for all the following three parameters:

(1) Load level of the municipal waste combustor.

(2) Temperature of the flue gases at the inlet of your particulate matter control device.

(3) Carbon feed rate if activated carbon is used to control dioxins/furans or mercury emissions.

(b) Obtain at least two data points per hour in order to calculate a valid 1-hour arithmetic average.

(c) Obtain valid 1-hour arithmetic averages for at least 75 percent of the operating hours per day for 90 percent of the operating days per calendar quarter.

(a) You must calculate the capacity for each continuous municipal waste combustor (e.g., capable of combusting continuously for a 24-hour period) based on 24 hours of operation at the maximum charging rate. You must determine the maximum charging rate differently for combustors that are designed based on heat capacity and for combustors that are not designed based on heat capacity.

(1) For combustors that are designed based on heat capacity, calculate the maximum charging rate based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel, or a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

(2) For combustors that are not designed based on heat capacity, the maximum charging rate is the maximum design charging rate.

(b) You must calculate the capacity for each batch feed municipal waste combustor based on the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period.

(1) You must calculate the maximum number of batches that could be processed in a 24-hour period by dividing 24 hours by the design number of hours required to process one batch of municipal solid waste. The maximum number of batches may include a fraction (e.g., if one batch requires 16 hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour period).

(2) For batch combustors that are designed based on heat capacity, calculate the municipal waste combustor capacity in megagrams per day, based on the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel or a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.

You must keep all the following five types of records:

(a) Notification of construction, materials separation plan, and siting analysis.

(b) Operator training and certification.

(c) Stack tests.

(d) Continuously monitored pollutants and parameters.

(e) Carbon feed rate.

(a) Keep all records onsite in paper copy or electronic format unless the Administrator approves another format. Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.

(b) Keep all records on each municipal waste combustor for at least 5 years.

(c) Make all records available for submittal to the Administrator, or for onsite review by an inspector.

You must keep records of all the following five items:

(a) The date of each record.

(b) The final materials separation plan.

(c) The final siting analysis.

(d) A record of the location and date of the public meetings.

(e) Your responses to the public comments received during the public comment periods for the materials separation plan and siting analysis.

You must keep records of all the following six items:

(a) Records of provisional certifications. Include three items:

(1) Names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who are provisionally certified by the American Society of Mechanical Engineers or an equivalent state-approved certification program.

(2) Dates of the initial and renewal provisional certifications.

(3) Documentation showing current provisional certifications.

(b) Records of full certifications. Include three items:

(1) Names of the chief facility operator, shift supervisors, and control room operators who are fully certified by the American Society of Mechanical Engineers or an equivalent state-approved certification program.

(2) Dates of initial and renewal full certifications.

(3) Documentation showing current full certifications.

(c) Records showing completion of the operator training course. Include three items:

(1) Names of the chief facility operator, shift supervisors, and control room operators who have completed the EPA or state municipal waste combustion operator training course.

(2) Dates of completion of the operator training course.

(3) Documentation showing completion of the operator training course.

(d) Records of reviews for site-specific operating manuals. Include all the following three items:

(1) Names of persons who have reviewed the operating manual.

(2) Date of the initial review.

(3) Dates of subsequent annual reviews.

(e) Records of when a certified operator is temporarily offsite. Include two main items:

(1) If the certified chief facility operator and certified shift supervisor are offsite for more than 12 hours, but for 2 weeks or less, and no other certified operator is onsite, record the dates that the certified chief facility operator and certified shift supervisor were offsite.

(2) When the certified chief facility operator and certified shift supervisor are offsite for more than 2 weeks and no other certified operator is onsite, keep records of all the following four items:

(i) Time of day that all certified persons are offsite.

(ii) The conditions that cause those people to be offsite.

(iii) The corrective actions you are taking to ensure a certified chief facility operator or certified shift supervisor is onsite as soon as practicable.

(iv) Copies of the written reports submitted every 4 weeks that summarize the actions taken to ensure that a certified chief facility operator or certified shift supervisor will be onsite as soon as practicable.

(f) Records of calendar dates. Include the calendar date on each record.

For stack tests required under § 60.5960, you must keep records of all the following four items:

(a) The results of the initial and annual performance stack tests for eight pollutants or parameters recorded in the appropriate units of measure specified in Table 2 to Subpart VVVV:

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) Test reports including supporting calculations that document the results of all stack tests.

(c) The maximum demonstrated load of your municipal waste combustor and maximum temperature at the inlet of your particulate matter control device during all stack tests for dioxins/furans emissions.

(d) The calendar date of each record.

You must keep records of all the following eight items:

(a) Records of monitoring data. Document all the following eight parameters measured using continuous monitoring systems:

(1) All 6-minute average levels of opacity.

(2) All 1-hour average concentrations of sulfur dioxide emissions.

(3) All 1-hour average concentrations of nitrogen oxides emissions.

(4) All 1-hour average concentrations of carbon monoxide emissions.

(5) All 1-hour average load levels of your municipal waste combustor.

(6) All 1-hour average flue gas temperatures at the inlet of the particulate matter control device.

(7) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing, all 1-hour average concentrations of particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions.

(8) If you monitor emissions with a CEMS, you must indicate which data are CEMS data during warmup, startup, and shutdown.

(b) Records of average concentrations. Document seven parameters:

(1) All 24-hour daily block geometric average concentrations and percent reductions of sulfur dioxide emissions.

(2) All 24-hour daily arithmetic average concentrations of nitrogen oxides emissions.

(3) All 4-hour block or 24-hour daily block arithmetic average concentrations of carbon monoxide emissions, as applicable.

(4) All 4-hour block arithmetic average load levels of your municipal waste combustor.

(5) All 4-hour block arithmetic average flue gas temperatures at the inlet of the particulate matter control device.

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing, all 24-hour daily arithmetic average concentrations and percent reductions, as appropriate, of particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions.

(7) If you elect to use a continuous automated sampling system to monitor mercury or dioxins/furans instead of conducting performance testing, all integrated 24-hour mercury concentrations (or percent reductions) or all integrated 2-week dioxins/furans concentrations.

(c) Records of exceedances. Document all the following three items:

(1) Calendar dates whenever any of the seven pollutant or parameter levels recorded in paragraph (b) of this section or the opacity level recorded in paragraph (a)(1) of this section did not meet the emission limits or operating levels specified in this subpart.

(2) Reasons you exceeded the applicable emission limits or operating levels.

(3) Corrective actions you took, or are taking, to meet the emission limits or operating levels.

(d) Records of minimum data. Document three items:

(1) Calendar dates for which you did not collect the minimum amount of data required under §§ 60.5935 and 60.6010. Record the dates for the following types of pollutants and parameters:

(i) Sulfur dioxide emissions.

(ii) Nitrogen oxides emissions.

(iii) Carbon monoxide emissions.

(iv) Load levels of your municipal waste combustor.

(v) Temperatures of the flue gases at the inlet of the particulate matter control device.

(vi) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance tests, the particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions.

(vii) If you elect to use continuous automated sampling systems for dioxins/furans or mercury, dates and times when the sampling systems were not operating or were not collecting a valid sample.

(2) Reasons you did not collect the minimum data.

(3) Corrective actions you took, or are taking, to obtain the required amount of data.

(e) Records of exclusions. Document each time you have excluded data from your calculation of averages for any of the following pollutants or parameters and the reasons the data were excluded:

(1) Sulfur dioxide emissions.

(2) Nitrogen oxides emissions.

(3) Carbon monoxide emissions.

(4) Load levels of your municipal waste combustor.

(5) Temperatures of the flue gases at the inlet of the particulate matter control device.

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride, or who elect to use continuous automated sampling systems for dioxins/furans or mercury emissions, instead of conducting performance tests:

(i) Particulate matter emissions data.

(ii) Cadmium emissions data.

(iii) Lead emissions data.

(iv) Mercury emissions data.

(v) Hydrogen chloride emissions data.

(vi) Dioxins/furans emissions data.

(f) Records of drift and accuracy. Document the results of your daily drift tests and quarterly accuracy determinations according to the following:

(1) For sulfur dioxides, nitrogen oxides, and carbon monoxides, according to Procedure 1 of appendix F of this part. Keep the records for the sulfur dioxide, nitrogen oxides, and carbon monoxide continuous emissions monitoring systems.

(2) If you elect to continuously monitor particulate matter instead of conducting performance testing, according to Procedure 2, appendix F of this part. Keep the records for the particulate matter continuous emissions monitoring systems.

(3) If you elect to continuously monitor cadmium, lead, mercury, or hydrogen chloride instead of conducting performance testing, maintain the results of all quality evaluations, including daily drift tests and periodic accuracy determinations, specified in the approved site-specific performance evaluation test plan or as specified in Procedures 5 and 6 of appendix F of this part, as applicable.

(4) If you elect to use continuous automated sampling systems for dioxins/furans or mercury, the results of all quality evaluations specified in the approved site-specific performance evaluation test plan or Procedure 5 of appendix F of this part, as applicable.

(g) Records of the relationship between oxygen and carbon dioxide. If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, document the relationship between oxygen and carbon dioxide, as specified in § 60.5930.

(h) Records of calendar dates. Include the calendar date on each record.

(i) Time system. All continuous monitoring systems data must be recorded using “local time” for the location where the municipal waste combustor is located, unless the Administrator approves an alternative time system.

(j) Additional recordkeeping for continuous cadmium, lead, mercury, or hydrogen chloride monitoring systems. In addition to the requirements of paragraphs (a) through (i) of this section, if you elect to install a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride, you must maintain the following additional records:

(1) All required continuous emission monitoring measurements (including monitoring data recorded during unavoidable continuous emission monitoring system breakdowns and out-of-control periods).

(2) The date and time identifying each period during which the continuous emission monitoring system was inoperative except for zero (low-level) and high-level checks.

(3) The date and time identifying each period during which the continuous emission monitoring system was out of control, as defined in § 60.5985.

(4) The date and time of commencement and completion of each period of excess emissions and parameter monitoring exceedances that occurs during warmups, startups, shutdowns, and malfunctions of the municipal waste combustor.

(5) The date and time of commencement and completion of each time period of excess emissions and parameter monitoring exceedances, that occurs during periods other than warmups, startups, shutdowns, and malfunctions of the municipal waste combustor.

(6) The nature and cause of any malfunction (if known).

(7) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions.

(8) The nature of the repairs or adjustments to the continuous emission monitoring system that was inoperative or out of control.

(9) All procedures that are part of a quality control program developed and implemented for the continuous emission monitoring system.

(10) When more than one continuous emission monitoring system is used to measure the emissions from one municipal waste combustor (e.g., multiple breechings, multiple outlets), record the results as required for each continuous emission monitoring system.

(k) Additional recordkeeping for continuous automated sampling systems. If you elect to install a continuous automated sampling system for dioxins/furans or mercury, you must maintain the following additional records:

(1) All required 24-hour integrated mercury concentration (or percent reduction) or 2-week integrated dioxins/furans concentration data (including any data obtained during unavoidable system breakdowns and out-of-control periods).

(2) The date and time identifying each period during which the continuous automated sampling system was inoperative.

(3) The date and time identifying each period during which the continuous automated sampling system was out of control.

(4) The date and time of commencement and completion of each period of excess emissions and parameter monitoring exceedances that occurs during warmups, startups, shutdowns, and malfunctions of the municipal waste combustor.

(5) The date and time of commencement and completion of each time period of excess emissions and parameter monitoring exceedances that occurs during periods other than warmups, startups, shutdowns, and malfunctions of the municipal waste combustor.

(6) The nature and cause of any malfunction (if known).

(7) The corrective action taken to correct any malfunction or preventive measures adopted to prevent further malfunctions.

(8) The nature of the repairs or adjustments to the continuous automated sampling system that was inoperative or out of control.

(9) All procedures that are part of a quality control program developed and implemented for the continuous automated sampling system.

(10) When more than one continuous automated sampling system is used to measure the emissions from one municipal waste combustor (e.g., multiple breechings, multiple outlets), record the results as required for each system.

For municipal waste combustors that use activated carbon to control dioxins/furans or mercury emissions, you must keep records of all the following five items:

(a) Records of average carbon feed rate. Document five items:

(1) Average carbon feed rate in kilograms (or pounds) per hour during all stack tests for dioxins/furans and mercury emissions. Include supporting calculations in the records.

(2) For the operating parameter chosen to monitor carbon feed rate, average operating level during all stack tests for dioxins/furans and mercury emissions. Include supporting data that document the relationship between the operating parameter and the carbon feed rate.

(3) Average carbon feed rate in kilograms (or pounds) per hour estimated for each hour of operation. Include supporting calculations in the records.

(4) Total carbon usage for each calendar quarter as estimated in § 60.6005(d). Include supporting calculations in the records.

(5) Carbon injection system operating parameter data for the parameter(s) that are the primary indicator(s) of carbon feed rate (e.g., screw feeder speed).

(b) Records of low carbon feed rates. Document three items:

(1) The calendar dates when the average carbon feed rate was less than the average hourly carbon feed rates determined during the most recent stack test for dioxins/furans or mercury emissions.

(2) Reasons for the low carbon feed rates.

(3) Corrective actions you took, or are taking, to meet the average carbon feed rate requirement.

(c) Records of carbon injection system operating parameter indicators. Document three items:

(1) Calendar dates for which the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (e.g., screw feeder speed) recorded are below the level(s) estimated during the performance tests.

(2) Reasons for the occurrences.

(3) Corrective actions you took or are taking to meet the levels estimated during the performance tests.

(d) Records of exclusions. Document each time you have excluded data from your calculation of average carbon feed rates and the reasons the data were excluded.

(e) Records of calendar dates. Include the calendar date on each record.

You must submit all the following five items on or before the date that the application for a construction permit is submitted under 40 CFR part 51, subpart I, or 40 CFR part 52, as applicable:

(a) Your preliminary draft materials separation plan, as specified in § 60.5745.

(b) Your revised materials separation plan, as specified in § 60.5765(c).

(c) Your notice of the initial public meeting for your draft materials separation plan, as specified in § 60.5750(b).

(d) A transcript of the initial public meeting, as specified in § 60.5760(f).

(e) A copy of the document that summarizes your responses to the public comments you received during the initial public comment period, as specified in § 60.5765(a).

(a) Include all the following ten items:

(1) A statement of your intent to construct the municipal waste combustor.

(2) The planned initial startup date of your municipal waste combustor.

(3) The types of fuels you plan to combust in your municipal waste combustor.

(4) The capacity of your municipal waste combustor including supporting capacity calculations, as specified in § 60.6015.

(5) Your siting analysis, as specified in § 60.5805.

(6) Your final materials separation plan, as specified in § 60.5785.

(7) Your notice of the second public meeting (siting analysis meeting), as specified in § 60.5810(b).

(8) A transcript of the second public meeting, as specified in § 60.5820(d).

(9) A copy of the document that summarizes your responses to the public comments you received during the second public comment period, as specified in § 60.5825(a).

(10) Your final siting analysis, as specified in § 60.5825(c).

(b) Submit your notice of construction no later than 30 days after you commence construction, reconstruction, or modification of your municipal waste combustor.

(a) Submit an initial report and annual reports, plus semiannual reports for any emission or parameter level that does not meet the limits specified in this subpart.

(b) Within 60 days after the date of completing each performance test or continuous emissions monitoring systems (CEMS) performance evaluation that includes a relative accuracy test audit (RATA), you must submit the results following the procedures specified in paragraph (d) of this section. Data collected using test methods and performance evaluations of CEMS measuring RATA pollutants that are supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test or performance evaluation must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. Data collected using test methods and performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test or performance evaluation must be included as an attachment in the ERT or an alternate electronic file.

(c) For the semiannual and annual reports specified under paragraph (a) of this section, beginning on March 10, 2027 or once the report template for this subpart has been available on the Compliance and Emissions Data Reporting Interface (CEDRI) website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for one year, whichever date is later, submit all subsequent reports using the appropriate electronic report template on the CEDRI website for this subpart and following the procedure specified in paragraph (d) of this section. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted.

(d) If you are required to submit notifications or reports following the procedure specified in this paragraph (d), you must submit notifications or reports to the EPA via the CEDRI website, which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information in the report or notification, you must submit a complete file in the format specified in this subpart, including information claimed to be CBI, to the EPA following the procedures in paragraphs (d)(1) and (2) of this section. Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described earlier in this paragraph (d).

(1) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address [email protected], and as described above, should include clear CBI markings. ERT files should be flagged to the attention of the Branch Manager, Measurement Strategies Branch; all other files should be flagged to the attention of the Large Municipal Waste Combustor Sector Lead. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email [email protected] to request a file transfer link.

(2) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711. ERT files should be sent to the attention of the Branch Manager, Measurement Strategies Branch, and all other files should be sent to the attention of the Large Municipal Waste Combustor Sector Lead. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope.

(e) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (e)(1) through (7) of this section.

(1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.

(2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.

(3) The outage may be planned or unplanned.

(4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.

(5) You must provide to the Administrator a written description identifying:

(i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;

(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;

(iii) A description of measures taken or to be taken to minimize the delay in reporting; and

(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.

(f) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (f)(1) through (5) of this section.

(1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).

(2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.

(3) You must provide to the Administrator:

(i) A written description of the force majeure event;

(ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;

(iii) A description of measures taken or to be taken to minimize the delay in reporting; and

(iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.

(g) Keep a copy of all reports required by §§ 60.6080, 60.6090, and 60.6105 onsite for 5 years.

(h) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride or to use continuous automated sampling systems for dioxins/furans or mercury emissions instead of conducting performance tests, you must notify the Administrator one month prior to starting or stopping use of the particulate matter, cadmium, lead, mercury, hydrogen chloride, and dioxins/furans continuous emission monitoring systems or continuous automated sampling systems.

(i) If you elect to install a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride, or you elect to install a continuous automated sampling system for dioxins/furans or mercury, you must also submit to EPA for approval, the site-specific monitoring plan, including the site-specific performance evaluation test plan for the continuous emission monitoring system or the continuous automated sampling system. You must maintain copies of the site-specific monitoring plan on record for the life of the municipal waste combustor to be made available for inspection, upon request, by the Administrator. If the site-specific monitoring plan is revised and approved, you must maintain the previous (i.e., superseded) versions of the plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan.

See Tables 1 and 2 to Subpart VVVV for appropriate units of measurement.

As specified in § 60.8(a), submit your initial performance test report within 60 days after your municipal waste combustor reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup.

You must include seven items:

(a) The emission levels measured on the date of the initial evaluation of your continuous emission monitoring systems for all of the following pollutants or parameters as recorded in accordance with § 60.6045(b).

(1) The 24-hour daily block geometric average concentration or percent reduction of sulfur dioxide emissions.

(2) The 24-hour daily arithmetic average concentration of nitrogen oxides emissions.

(3) The 4-hour block or 24-hour daily arithmetic average concentration of carbon monoxide emissions, as applicable.

(4) The 4-hour block arithmetic average load level of your municipal waste combustor.

(5) The 4-hour block arithmetic average flue gas temperature at the inlet of the particulate matter control device.

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing, all 1-hour average concentrations of particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions.

(7) If you monitor emissions with a CEMS, you must indicate which data are CEMS data during warmup, startup, and shutdown.

(b) The results of the initial performance stack tests for eight pollutants or parameters (use appropriate units as specified in Table 2 to Subpart VVVV):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Opacity.

(6) Particulate matter.

(7) Hydrogen chloride.

(8) Fugitive ash.

(c) The test report that documents the initial stack tests including supporting calculations.

(d) The initial performance evaluation of your continuous emissions monitoring systems. Use the applicable performance specifications in appendix B of this part in conducting the evaluation.

(e) The maximum demonstrated load of your municipal waste combustor and the maximum demonstrated temperature of the flue gases at the inlet of the particulate matter control device. Use values established during your initial stack test for dioxins/furans emissions and include supporting calculations.

(f) If your municipal waste combustor uses activated carbon to control dioxins/furans or mercury emissions, the average carbon mass feed rates that you recorded during the stack tests for dioxins/furans and mercury emissions. Include supporting calculations as specified in § 60.6050(a)(1) and (2).

(g) If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, documentation of the relationship between oxygen and carbon dioxide, as specified in § 60.5930.

Submit the annual report no later than February 1 of each year that follows the calendar year in which you collected the data. If you have an operating permit for any unit under title V of the Clean Air Act (CAA), you must submit semiannual reports. Parts 70 and 71 of this chapter contain program requirements for permits.

Summarize data collected for all pollutants and parameters regulated under this subpart. Your summary must include twelve items:

(a) A list of the results achieved during the annual stack test, using appropriate units, for eight pollutants, as recorded under § 60.6040(a):

(1) Dioxins/furans.

(2) Cadmium.

(3) Lead.

(4) Mercury.

(5) Particulate matter.

(6) Opacity.

(7) Hydrogen chloride.

(8) Fugitive ash.

(b) List of the highest average levels recorded, in the appropriate units for the following pollutants or parameters:

(1) Sulfur dioxide emissions.

(2) Nitrogen oxides emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste combustor.

(5) Temperature of the flue gases at the inlet of the particulate matter air pollution control device (4-hour block average).

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, hydrogen chloride, or dioxins/furans emissions instead of conducting performance testing:

(i) Particulate matter emissions.

(ii) Cadmium emissions.

(iii) Lead emissions.

(iv) Mercury emissions.

(v) Hydrogen chloride emissions.

(vi) Dioxins/furans emissions.

(c) For continuously monitored pollutants identified in paragraphs (b)(1) through (3) and (b)(6) of this section, a list of the block averages recorded during all operations for the reporting year, identifying measurements recorded during periods of warmup, startup, and shutdown as defined in this subpart.

(d) The highest 6-minute opacity level measured. Base the value on all 6-minute average opacity levels recorded by your continuous opacity monitoring system (§ 60.6045(a)(1)).

(e) The total number of hours per calendar quarter and hours per calendar year that you did not obtain valid data for the following pollutants or parameters. For each continuously monitored pollutant or parameter, the hours of valid emissions data per calendar quarter and per calendar year expressed as a percent of the hours per calendar quarter or year that the municipal waste combustor was operating and combusting municipal solid waste. Include data on:

(1) Sulfur dioxide emissions.

(2) Nitrogen oxides emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste combustor.

(5) Temperature of the flue gases at the inlet of the particulate matter air pollution control device.

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, hydrogen chloride, or dioxins/furans emissions instead of conducting performance testing:

(i) Particulate matter emissions.

(ii) Cadmium emissions.

(iii) Lead emissions.

(iv) Mercury emissions.

(v) Hydrogen chloride emissions.

(vi) Dioxins/furans emissions.

(7) If you elect to use continuous automated sampling systems for dioxins/furans or mercury, the total number of hours per calendar quarter and hours per calendar year that the sampling systems were not operating or were not collecting a valid sample. Include the number of hours during which the continuous automated sampling system was operating and collecting a valid sample as a percent of hours per calendar quarter or year that the municipal waste combustor was operating and combusting municipal solid waste.

(f) The total number of hours you have excluded data from the calculation of average levels (include the reasons for excluding it). Include data for the following pollutants or parameters:

(1) Sulfur dioxide emissions.

(2) Nitrogen oxides emissions.

(3) Carbon monoxide emissions.

(4) Load level of the municipal waste combustor.

(5) Temperature of the flue gases at the inlet of the particulate matter air pollution control device.

(6) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, hydrogen chloride, or dioxins/furans emissions instead of conducting performance testing:

(i) Particulate matter emissions.

(ii) Cadmium emissions.

(iii) Lead emissions.

(iv) Mercury emissions.

(v) Hydrogen chloride emissions.

(vi) Dioxins/furans emissions.

(7) If you elect to use continuous automated sampling systems for dioxins/furans or mercury, the total number of hours that the data for mercury and dioxins/furans were excluded from the calculation of average emission concentrations or parameters.

(g) A summary of the data in paragraphs (a) through (f), excluding (c), of this section from the year preceding the reporting year which gives the Administrator a summary of the performance of the municipal waste combustor over a 2-year period.

(h) A summary of any emission or parameter level, including the information specified in paragraphs (a) through (g) of this section, that did not meet the limits specified in this subpart.

(i) A notice of your intent to begin a reduced stack testing schedule for dioxins/furans emissions during the following calendar year, if you are eligible for alternative scheduling (§ 60.5980(a) or (b)).

(j) A notice of your intent to apply the average carbon mass feed rate and associated carbon injection system operating parameter levels to similarly designed and equipped units on site. (§ 60.5980(c)).

(k) If you choose to monitor carbon dioxide instead of oxygen as a diluent gas, documentation of the relationship between oxygen and carbon dioxide, as specified in § 60.5930.

(l) Documentation of periods when all certified chief facility operators and certified shift supervisors are offsite for more than 12 hours.

You must submit a semiannual report on any recorded emission or parameter level that does not meet the requirements specified in this subpart.

(a) For data collected during the first half of a calendar year, submit your semiannual report by August 1 of that year.

(b) For data you collected during the second half of the calendar year, submit your semiannual report by February 1 of the following year.

You must include all of the following items in the semiannual report:

(a) For any of the pollutants or parameters listed in paragraphs (a)(1)-(8) of this section that exceeded the limits specified in this subpart, include the calendar date they exceeded the limits, the reasons for exceeding the limits, and your corrective actions. You must also include the averaged and recorded data for that date:

(1) Concentration of sulfur dioxide emissions.

(2) Concentration of nitrogen oxides emissions.

(3) Concentration of carbon monoxide emissions.

(4) Load level of your municipal waste combustor.

(5) Temperature of the flue gases at the inlet of your particulate matter air pollution control device.

(6) Average 6-minute opacity level. The data obtained from your continuous opacity monitoring system are not used to determine compliance with the limit on opacity emissions.

(7) If you elect to continuously monitor particulate matter, cadmium, lead, mercury, or hydrogen chloride emissions instead of conducting performance testing:

(i) Concentration of particulate matter emissions.

(ii) Concentration of cadmium emissions.

(iii) Concentration of lead emissions.

(iv) Concentration of mercury emissions.

(v) Concentration of hydrogen chloride emissions.

(8) If you elect to use a continuous automated sampling system to monitor mercury or dioxins/furans instead of conducting performance testing, the integrated 24-hour mercury concentrations (or percent reductions) or the integrated 2-week dioxins/furans concentration.

(b) If the results of your annual stack tests (as recorded in § 60.6040(a)) show emissions above the limits specified in Table 2 to Subpart VVVV for dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, and fugitive ash, include a copy of the test report that documents the emission levels and your corrective actions. The semiannual report shall contain a statement indicating that pollutant levels were exceeded during the performance test and list which pollutant limits were exceeded and a copy of the performance test is no longer required.

(c) For municipal waste combustors that apply activated carbon to control dioxins/furans or mercury emissions, include documentation of all dates when the carbon injection system operating parameter(s) that are the primary indicator(s) of carbon mass feed rate (e.g., screw feeder speed) are below the levels established during the most recent mercury and dioxins/furans stack test (as specified in § 60.6050(a)). Include four items:

(1) The average carbon mass feed rate (in kilograms per hour or pounds per hour) estimated for each hour of operation.

(2) Reasons for occurrences of low carbon feed rates.

(3) The corrective actions you have taken to meet the carbon feed rate requirement.

(4) The calendar date.

(d) If you elect to install a continuous emission monitoring system for cadmium, lead, mercury, or hydrogen chloride, or you elect to install a continuous automated sampling system for dioxins/furans or mercury, submit information concerning all out-of-control periods for each continuous emission monitoring system or each continuous automated sampling system, including start and end dates and hours and descriptions of corrective actions taken.

(a) If the Administrator agrees, you may change the semiannual or annual reporting dates.

(b) See § 60.19(c) for procedures to seek approval to change your reporting date.

An air curtain incinerator operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of that type can be constructed above or below ground and with or without refractory walls and floor.

Yard waste is grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. They come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include two items:

(a) Construction, renovation, and demolition wastes that are exempt from the definition of “municipal solid waste” in § 60.6145.

(b) Clean wood that is exempt from the definition of “municipal solid waste” in § 60.6145.

If your air curtain incinerator with a capacity to combust greater than 250 tons per day of municipal solid waste combusts a fuel feed stream of 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, and no other municipal solid waste materials, you must meet only the emission limits in this section.

(a) Within 60 days after your air curtain incinerator reaches the maximum load level at which it will operate, but no later than 180 days after its initial startup, you must meet two limits:

(1) The opacity limit is 10 percent (6-minute average) except as provided in paragraph (a)(2) of this section.

(2) The opacity limit is 35 percent (6-minute average) during the startup period that is within the first 30 minutes of operation.

(a) Use the procedures specified in to Subpart VVVV to determine compliance with the opacity limit for air curtain incinerators under § 60.6125.

(b) Conduct an initial test for opacity as specified in § 60.8 of subpart A of this part.

(c) After the initial test for opacity, conduct annual tests (no less than 9 calendar months and no more than 15 calendar months following the previous test). You must complete five performance tests in each 5-year calendar period.

(a) Provide a notice of construction that includes four items:

(1) Your intent to construct the air curtain incinerator.

(2) Your planned initial startup date.

(3) Types of fuels you plan to combust in your air curtain incinerator.

(4) The capacity of your incinerator, including supporting capacity calculations, as specified in § 60.6015.

(b) Keep records of results of the initial opacity performance test and all subsequent opacity performance tests onsite in either paper copy or electronic format unless the Administrator approves another format.

(c) Keep all records for each incinerator for at least 5 years.

(d) Make all records available for submittal to the Administrator or for onsite review by an inspector.

(e) Submit the results (each 6-minute average) of the initial opacity performance test and all subsequent annual opacity performance tests by February 1 of the year following the year of the opacity emission test.

(f) Submit reports in either paper copy or electronic format on or before the applicable submittal date.

(g) If the Administrator agrees, you may change the annual reporting dates (see § 60.19(c)).

(h) Keep a copy of all reports onsite for a period of 5 years.

(a) Concentration correction to 7 percent oxygen. Correct any pollutant concentration to 7 percent oxygen using equation 1 of this section:

(b) Quarterly carbon usage. If you use activated carbon to comply with the dioxins/furans or mercury limits, calculate the required quarterly usage of carbon using equation 2 of this section for facility basis or equation 3 of this section for unit basis:

(1) Facility basis.

(2) Unit basis.

(c) Percent Reduction. If you opt to comply with the alternative percent reduction standards for hydrogen chloride, mercury or sulfur dioxide, use the following equation to calculate the percent reduction:

Terms used but not defined in this section are defined in the CAA and in subparts A and B of this part.

Administrator means:

(1) For approved and effective state plans, the Director of the state air pollution control agency, or employee of the state air pollution control agency that is delegated the authority to perform the specified task;

(2) For federal plans, the Administrator of the EPA, an employee of the EPA, the Director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the Administrator of the EPA to perform the specified task; and

(3) For NSPS, the Administrator of the EPA, an employee of the EPA, the Director of the state air pollution control agency, or employee of the state air pollution control agency to whom the authority has been delegated by the Administrator of the EPA to perform the specified task.

Air curtain incinerator means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which burning occurs. Incinerators of that type can be constructed above or below ground and with or without refractory walls and floor.

Batch municipal waste combustor means a municipal waste combustor designed so it cannot combust municipal solid waste continuously 24 hours per day because the design does not allow waste to be fed to the unit or ash to be removed during combustion.

Bubbling fluidized bed combustor means a fluidized bed combustor in which the majority of the bed material remains in a fluidized state in the primary combustion zone.

Calendar quarter means a consecutive 3-month period (nonoverlapping) beginning on January 1, April 1, July 1, and October 1.

Calendar year means the period including 365 days starting January 1 and ending on December 31.

CEMS means continuous emissions monitoring system.

CEMS data during warmup, startup, and shutdown means CEMS data collected during periods of operation defined within this subpart as warmup, startup or shutdown.

Chief facility operator means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management, and overall performance of the facility.

Circulating fluidized bed combustor means a fluidized bed combustor in which the majority of the fluidized bed material is carried out of the primary combustion zone and is transported back to the primary zone through a recirculation loop.

Clean wood means untreated wood or untreated wood products including clean or untreated lumber (as defined in this subpart), tree stumps (whole or chipped), and tree limbs (whole or chipped). Clean wood does not include yard waste, which is defined elsewhere in this section, wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote, or construction, renovation, and demolition wastes (including but not limited to railroad ties and telephone poles), which are exempt from the definition of municipal solid waste in this section.

Cofired combustor means a unit combusting municipal solid waste with nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and subject to a federally enforceable permit limiting the unit to combusting a fuel feed stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal solid waste as measured on a calendar quarter basis.

Continuous automated sampling system means the total equipment and procedures for automated sample collection and sample recovery/analysis to determine a pollutant concentration or emission rate by collecting a single or multiple integrated sample(s) of the pollutant (or diluent gas) for subsequent on-or off-site analysis; integrated sample(s) collected are representative of the emissions for the sample time as specified by the applicable requirement.

Continuous emission monitoring system means a monitoring system that continuously measures the emissions of a pollutant from an affected facility.

Digital camera opacity technique conditions mean the following four conditions that must be followed if ASTM D7520-16, “Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere” is used as an alternative to EPA Method 9:

(1) During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520-16, you or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand).

(2) You must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520-16.

(3) You must follow the record keeping procedures outlined in 40 CFR 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination.

(4) You or the DCOT vendor must have a minimum of 4 independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity.

Dioxins/furans mean tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans. For the purposes of this subpart, dioxins/furans emission limits are expressed on a total mass basis.

EPA means the Administrator of the U.S. EPA or employee of the U.S. EPA who is delegated to perform the specified task.

Federally enforceable means all limitations and conditions that are enforceable by EPA including the requirements of 40 CFR part 60, 40 CFR part 61, and 40 CFR part 63, requirements within any applicable state implementation plan, and any permit requirements established under 40 CFR 52.21 or under 40 CFR 51.165 and 40 CFR 51.166.

First half of the calendar year means the period starting on January 1 and ending on June 30 in any year.

Four-hour block average or 4-hour block average means the average of all hourly emission concentrations when the affected facility is operating and combusting municipal solid waste measured over 4-hour periods from:

(1) 12:00 midnight to 4:00 a.m.

(2) 4:00 a.m. to 8:00 a.m.

(3) 8:00 a.m. to 12:00 noon.

(4) 12:00 noon to 4:00 p.m.

(5) 4:00 p.m. to 8:00 p.m.

(6) 8:00 p.m. to 12:00 midnight.

Mass burn refractory municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.

Mass burn rotary waterwall municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate.

Mass burn waterwall municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a waterwall furnace.

Materials separation plan means a plan that identifies both a goal and an approach for separating certain components of municipal solid waste for a given service area in order to make the separated materials available for recycling. A materials separation plan may include elements such as dropoff facilities, buy-back or deposit-return incentives, curbside pickup programs, or centralized mechanical separation systems. A materials separation plan may include different goals or approaches for different subareas in the service area, and may include no materials separation activities for certain subareas or, if warranted, an entire service area.

Maximum demonstrated municipal waste combustor load means the highest 4-hour arithmetic average municipal waste combustor load achieved during four consecutive hours during the most recent dioxins/furans performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under § 60.52b.

Maximum demonstrated particulate matter control device temperature means the highest 4-hour arithmetic average flue gas temperature measured at the particulate matter control device inlet during four consecutive hours during the most recent dioxins/furans performance test demonstrating compliance with the applicable limit for municipal waste combustor organics specified under § 60.52b.

Modification or modified municipal waste combustor means a municipal waste combustor you have changed after September 10, 2026 and that meets one of two criteria:

(1) The cumulative cost of the changes over the life of the unit exceeds 50 percent of the original cost of construction and installation the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs.

(2) Any physical change in the municipal waste combustor or change in the method of operating the municipal waste combustor that increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111 of the CAA. Increases in the amount of any air pollutant emitted by the municipal waste combustor are determined when the municipal waste combustor operates at 100 percent of its physical load capability and are measured downstream of all air pollution control devices. Load restrictions based on permits or other nonphysical operational restrictions cannot be considered in the determination.

Modular excess-air municipal waste combustor means a combustor that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers, all of which are designed to operate at conditions with combustion air amounts in excess of theoretical air requirements.

Modular starved-air municipal waste combustor means a combustor that combusts municipal solid waste, is not field-erected, and has multiple combustion chambers in which the primary combustion chamber is designed to operate at substoichiometric conditions.

Municipal solid waste or municipal-type solid waste or MSW means household, commercial/retail, or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. Household, commercial/retail, and institutional waste does not include used oil; sewage sludge; wood pallets; construction, renovation, and demolition wastes (which includes but is not limited to railroad ties and telephone poles); clean wood; industrial process or manufacturing wastes; medical waste; or motor vehicles (including motor vehicle parts or vehicle fluff). Household, commercial/retail, and institutional wastes include:

(1) Yard waste;

(2) Refuse-derived fuel; and

(3) Motor vehicle maintenance materials limited to vehicle batteries and tires except as specified in § 60.5700(d).

Municipal waste combustor, or MWC, means any setting or equipment that combusts solid, liquid, or gasified municipal solid waste including, but not limited to, field-erected combustion units (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers (i.e., steam generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Two criteria further define municipal waste combustors:

(1) Municipal waste combustors do not include pyrolysis or combustion units located at a plastics or rubber recycling unit as specified under Applicability (§ 60.5700(h) and (i)). Municipal waste combustors also do not include cement kilns firing municipal solid waste as specified under Applicability (§ 60.5700(j)). Municipal waste combustors also do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.

(2) The boundaries of a municipal waste combustor are defined as follows. The municipal waste combustor includes, but is not limited to, the municipal solid waste fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The municipal waste combustor boundary starts at the municipal solid waste pit or hopper and extends through three areas:

(i) The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber.

(ii) The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfers the ash to final disposal. It includes all ash handling systems connected to the bottom ash handling system.

(iii) The combustor water system, which starts at the feed water pump and ends at the piping that exits the steam drum or superheater.

(3) The municipal waste combustor does not include air pollution control equipment, the stack, water treatment equipment, or the turbine-generator set.

Municipal waste combustor capacity means the maximum charging rate of a municipal waste combustor expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under § 60.6015. Section 60.6015 includes procedures for determining municipal waste combustor capacity for continuous and batch feed municipal waste combustors.

Municipal waste combustor load means the steam load of the municipal waste combustor measured as specified in § 60.5995.

Particulate matter means total particulate matter emitted from municipal waste combustors as measured using EPA Reference Method 5 (see § 60.5975)

Plastics/rubber recycling unit means an integrated processing unit for which plastics, rubber, or rubber tires are the only feed materials (incidental contaminants may be in the feed materials). The feed materials are processed into a chemical plant feedstock or petroleum refinery feedstock, where the feedstock is marketed to and used by a chemical plant or petroleum refinery as input feedstock. The following three criteria further define a plastics/rubber recycling unit:

(1) Each calendar quarter, the combined weight of the chemical plant feedstock and petroleum refinery feedstock that a plastics/rubber recycling unit produces must be more than 70 percent of the combined weight of the plastics, rubber, and rubber tires that the plastics/rubber recycling unit processes.

(2) The plastics, rubber, or rubber tires fed to the plastics/rubber recycling unit may originate from separating or diverting plastics, rubber, or rubber tires from MSW or industrial solid waste. The feed materials may include manufacturing scraps, trimmings, and off-specification plastics, rubber, and rubber tire discards.

(3) The plastics, rubber, and rubber tires fed to the plastics/rubber recycling unit may contain incidental contaminants (e.g., paper labels on plastic bottles, metal rings on plastic bottle caps).

Pulverized coal/refuse-derived fuel mixed fuel-fired combustor means a combustor that fires coal and refuse-derived fuel simultaneously, in which pulverized coal is introduced into an air stream that carries the coal to the combustion chamber of the unit where it is fired in suspension. This includes both conventional pulverized coal and micropulverized coal.

Pyrolysis/combustion unit means a unit that produces gases, liquids, or solids by heating municipal solid waste. The gases, liquids, or solids produced are combusted and the emissions vented to the atmosphere.

Reconstruction means rebuilding a municipal waste combustor for which the reconstruction commenced after September 10, 2026 and the cumulative costs of the construction over the life of the unit exceed 50 percent of the original cost of construction and installation of the unit (not including any cost of land purchased in connection with such construction or installation) updated to current costs (current dollars).

Refractory unit or refractory wall furnace means a combustion unit that has no energy recovery (e.g., via a waterwall) in the furnace (i.e., radiant heat transfer section) of the combustor.

Refuse-derived fuel means a type of municipal solid waste produced by processing municipal solid waste through shredding and size classification. This includes all classes of refuse-derived fuel including two fuels:

(1) Low-density fluff refuse-derived fuel through densified refuse-derived fuel.

(2) Pelletized refuse-derived fuel.

Refuse-derived fuel stoker means a steam generating unit that combusts refuse-derived fuel in a semi suspension firing mode using air-fed distributors.

Same location means the same or contiguous properties under common ownership or control, including those separated only by a street, road, highway, or other public right-of-way. Common ownership or control includes properties that are owned, leased, or operated by the same entity, parent entity, subsidiary, subdivision, or any combination thereof. Entities may include a municipality, other governmental unit, or any quasi-governmental authority (e.g., a public utility district or regional authority for waste disposal).

Second half of the calendar year means the period that starting July 1 and ending on December 31 in any year.

Shift supervisor means the person who is in direct charge and control of operating a municipal waste combustor and who is responsible for onsite supervision, technical direction, management, and overall performance of the municipal waste combustor during an assigned shift.

Shutdown means the period of time following cessation of charging waste to the combustion grate prior to entering a period where the municipal waste combustor is not operating. Shutdown may be claimed for up to three hours of operation per occurrence.

Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor means a combustor that combusts coal and refuse-derived fuel simultaneously, in which coal is introduced to the combustion zone by a mechanism that throws the fuel onto a grate from above. Combustion takes place both in suspension and on the grate.

Standard conditions means a temperature of 20 °C and a pressure of 101.3 kilopascals.

Startup means the period of time after warmup when waste is introduced to the combustion grate but prior to steady state operation. Startup may be claimed for up to three hours of operation per occurrence.

Total mass dioxins/furans or total mass means the total mass of tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans as determined using EPA Reference Method 23 and the procedures specified in § 60.5975

Tumbling-tile means a grate tile hinged at one end and attached to a ram at the other end. When the ram extends, the grate tile rotates around the hinged end.

Twenty-four hour daily average or 24-hour daily average means either the arithmetic mean or geometric mean (as specified) of all hourly emission concentrations when the affected facility operates and combusts municipal solid waste measured over a 24-hour period between 12:00 midnight and the following midnight.

Untreated lumber or clean lumber means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Untreated lumber does not include wood products that have been painted, pigment-stained, or “pressure-treated”. Pressure-treating compounds include, but are not limited to, chromate copper arsenate, pentachlorophenol, and creosote.

Warmup means the period of time during the first hours of a municipal waste combustor operation from a cold start until waste is fed to the combustor and has no time constraints. No waste is introduced to the combustion grate during warmup.

Waterwall furnace means a combustion unit having energy (heat) recovery in the furnace (i.e., radiant heat transfer section) of the combustor.

Yard waste means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs. They come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include two items:

(1) Construction, renovation, and demolition wastes that are exempt from the definition of “municipal solid waste” in this section.

(2) Clean wood that is exempt from the definition of “municipal solid waste” in this section.