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[[pp. 53027-53077]] NESHAPS: Final Standards for Hazardous Air Pollutants for

 [Federal Register: September 30, 1999 (Volume 64, Number 189)]
[Rules and Regulations]
[Page 53027-53077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se99-28]

[[pp. 53027-53077]] NESHAPS: Final Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors

[[Continued from page 53026]]

[[Page 53027]]

--Adequate public comment
--Implementation flexibility
--Allocation of grants
--And many other technical issues

    We addressed the issues raised by these four representatives to the
fullest extent possible in today's rule. The comments received from
these representatives are included in the rulemaking docket, together
with all other comments received. We highlighted and addressed some of
these comments in today's preamble. We responded to all comments in the
Response to Comments document, which has been made available to the
Office of Management and Budget and is available in the docket for
today's rule.

Part Nine: Technical Amendments to Previous Regulations

I. Changes to the June 19, 1998 ``Fast-Track'' Rule

A. Permit Streamlining Section
    Today's regulations correct a typographical error to Sec. 270.42
Appendix I entry L(9) promulgated in the Fast-track rule. Entry L(9)
incorrectly cited Sec. 270.42(i), whereas today's regulations correctly
amends entry L(9) to cite Sec. 270.42(j).
B. Comparable Fuels Section
    In the June 19th rule, we explained that our methodology for
identifying the comparable fuels specifications was to select the
highest benchmark fuel value in our data base for each constituent (see
63 FR at 33786). However, the results reported in the final rule--Table
1 to Sec. 261.38--do not consistently follow our methodology. In
several instances, the highest value was not presented in the table, as
pointed out by commenters to the final rule. Therefore, in today's
rule, we are amending the comparable fuels portion of the Fast-track
rule to make necessary conforming changes to the comparable fuels
specifications as listed in Table 1 of Sec. 261.38--Detection and
Detection Limit Values for Comparable Fuel Specifications. Please see
the USEPA, ``Final Technical Support Document for HWC MACT Standards,
Volume 4'' July 1999, for a detailed discussion of the changes to Table
1.
    In addition, because these are technical corrections (i.e.
corrections where we made arithmetic or other inadvertent mistakes in
applying our stated methodology for calculating the comparative fuel
levels) we find that giving notice and opportunity for public comment
is unnecessary within the meaning of 5 U.S.C. 553 (b) (B). In fact, the
errors were brought to our attention by an entity that applied the
stated methodology and derived the correct values which we are
restoring in this amendment. (We did, however, provide actual notice of
these intended corrections to entities we believed most interested in
the issue, so that these entities did have an opportunity for comment
to us.) For the same reasons, we find that there is good cause for the
rule to take effect immediately, rather than wait 30 days. See 5 U.S.C.
553 (d) (3). Finally, since notice and comment is unnecessary, this
correction is not a ``rule'' for purposes of the Regulatory Flexibility
Act (see 5 U.S.C. 601 (2)), and may take effect immediately before
submission to Congress for review (see 5 U.S.C. 808 (2)).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass
and glass products, Grains, Graphic arts industry, Heaters, Household
appliances, Insulation, Intergovernmental relations, Iron, Labeling,
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals,
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide,
Paper and paper products industry, Particulate matter, Paving and
roofing materials, Petroleum, Phosphate, Plastics materials and
synthetics, Polymers, Reporting and recordkeeping requirements, Sewage
disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane,
Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.

40 CFR Part 63

    Air pollution control, Hazardous substances, Incorporation by
Reference, Reporting and recordkeeping requirements

40 CFR Part 260

    Administrative practice and procedure, Confidential business
information, Environmental protection, Hazardous waste.

40 CFR Part 261

    Environmental Protection Hazardous waste, Recycling, Reporting and
recordkeeping requirements.

40 CFR Part 264

    Air pollution control, Environmental protection, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds.

40 CFR Part 265

    Air pollution control, Environmental protection, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds, Water supply.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.

40 CFR Part 270

    Administrative practice and procedure, Confidential business
information, Environmental Protection Agency, Hazardous materials
transportation, Hazardous waste, Reporting and recordkeeping
requirements, Water pollution control, Water supply.

40 CFR Part 271

    Administrative practice and procedure, Confidential business
information, Environmental Protection Agency, Hazardous materials
transportation, Hazardous waste, Indians-lands, Intergovernmental
relations, Penalties, Reporting and recordkeeping requirements, Water
pollution control, Water supply.

    Dated: July 30, 1999.
Carol M. Browner,
Administrator.

     .For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401-7601.

    2. Appendix A to part 60 is amended by adding a new entry for
``Method 5I'' in numerical order to read as follows:

Appendix A--Test Methods

* * * * *
Method 5I--Determination of Low Level Particulate Matter Emissions From
Stationary Sources
    Note: This method does not include all of the specifications
(e.g., equipment and supplies) and procedures (e.g., sampling and
analytical) essential to its performance. Certain information is
contained in other EPA procedures found in this part. Therefore, to
obtain reliable results, persons using this method should have
experience with and a thorough knowledge of the following Methods:
Methods 1, 2, 3, 4 and 5.

[[Page 53028]]

    1. Scope and Application.
    1.1  Analyte. Particulate matter (PM). No CAS number assigned.
    1.2  Applicability. This method is applicable for the
determination of low level particulate matter (PM) emissions from
stationary sources. The method is most effective for total PM
catches of 50 mg or less. This method was initially developed for
performing correlation of manual PM measurements to PM continuous
emission monitoring systems (CEMS), however it is also useful for
other low particulate concentration applications.
    1.3  Data Quality Objectives. Adherence to the requirements of
this method will enhance the quality of the data obtained from air
pollutant sampling methods. Method 5I requires the use of paired
trains. Acceptance criteria for the identification of data quality
outliers from the paired trains are provided in Section 12.2 of this
Method.
    2. Summary of Method.
    2.1.  Description. The system setup and operation is essentially
identical to Method 5. Particulate is withdrawn isokinetically from
the source and collected on a 47 mm glass fiber filter maintained at
a temperature of 120  14 deg.C (248 
25 deg.F). The PM mass is determined by gravimetric analysis after
the removal of uncombined water. Specific measures in this procedure
designed to improve system performance at low particulate levels
include:

1. Improved sample handling procedures
2 Light weight sample filter assembly
3. Use of low residue grade acetone

Accuracy is improved through the minimization of systemic errors
associated with sample handling and weighing procedures. High purity
reagents, all glass, grease free, sample train components, and light
weight filter assemblies and beakers, each contribute to the overall
objective of improved precision and accuracy at low particulate
concentrations.
    2.2  Paired Trains. This method must be performed using a paired
train configuration. These trains may be operated as co-located
trains (to trains operating collecting from one port) or as
simultaneous trains (separate trains operating from different ports
at the same time). Procedures for calculating precision of the
paired trains are provided in Section 12.
    2.3  Detection Limit. a. Typical detection limit for manual
particulate testing is 0.5 mg. This mass is also cited as the
accepted weight variability limit in determination of ``constant
weight'' as cited in Section 8.1.2 of this Method. EPA has performed
studies to provide guidance on minimum PM catch. The minimum
detection limit (MDL) is the minimum concentration or amount of an
analyte that can be determined with a specified degree of confidence
to be different from zero. We have defined the minimum or target
catch as a concentration or amount sufficiently larger than the MDL
to ensure that the results are reliable and repeatable. The
particulate matter catch is the product of the average particulate
matter concentration on a mass per volume basis and the volume of
gas collected by the sample train. The tester can generally control
the volume of gas collected by increasing the sampling time or to a
lesser extent by increasing the rate at which sample is collected.
If the tester has a reasonable estimate of the PM concentration from
the source, the tester can ensure that the target catch is collected
by sampling the appropriate gas volume.
    b. However, if the source has a very low particulate matter
concentration in the stack, the volume of gas sampled may need to be
very large which leads to unacceptably long sampling times. When
determining compliance with an emission limit, EPA guidance has been
that the tester does not always have to collect the target catch.
Instead, we have suggested that the tester sample enough stack gas,
that if the source were exactly at the level of the emission
standard, the sample catch would equal the target catch. Thus, if at
the end of the test the catch were smaller than the target, we could
still conclude that the source is in compliance though we might not
know the exact emission level. This volume of gas becomes a target
volume that can be translated into a target sampling time by
assuming an average sampling rate. Because the MDL forms the basis
for our guidance on target sampling times, EPA has conducted a
systematic laboratory study to define what is the MDL for Method 5
and determined the Method to have a calculated practical
quantitation limit (PQL) of 3 mg of PM and an MDL of 1 mg.
    c. Based on these results, the EPA has concluded that for PM
testing, the target catch must be no less than 3 mg. Those sample
catches between 1 mg and 3 mg are between the detection limit and
the limit of quantitation. If a tester uses the target catch to
estimate a target sampling time that results in sample catches that
are less than 3 mg, you should not automatically reject the results.
If the tester calculated the target sampling time as described above
by assuming that the source was at the level of the emission limit,
the results would still be valid for determining that the source was
in compliance. For purposes other than determining compliance,
results should be divided into two categories--those that fall
between 3 mg and 1 mg and those that are below 1 mg. A sample catch
between 1 and 3 mg may be used for such purposes as calculating
emission rates with the understanding that the resulting emission
rates can have a high degree of uncertainty. Results of less than 1
mg should not be used for calculating emission rates or pollutant
concentrations.
    d. When collecting small catches such as 3 mg, bias becomes an
important issue. Source testers must use extreme caution to reach
the PQL of 3 mg by assuring that sampling probes are very clean
(perhaps confirmed by low blank weights) before use in the field.
They should also use low tare weight sample containers, and
establish a well-controlled balance room to weigh the samples.
    3. Definitions.
    3.1  Light Weight Filter Housing. A smaller housing that allows
the entire filtering system to be weighed before and after sample
collection. (See. 6.1.3)
    3.2  Paired Train. Sample systems trains may be operated as co-
located trains (two sample probes attached to each other in the same
port) or as simultaneous trains (two separate trains operating from
different ports at the same time).
    4. Interferences.
    a. There are numerous potential interferents that may be
encountered during performance of Method 5I sampling and analyses.
This Method should be considered more sensitive to the normal
interferents typically encountered during particulate testing
because of the low level concentrations of the flue gas stream being
sampled.
    b. Care must be taken to minimize field contamination,
especially to the filter housing since the entire unit is weighed
(not just the filter media). Care must also be taken to ensure that
no sample is lost during the sampling process (such as during port
changes, removal of the filter assemblies from the probes, etc.).
    c. Balance room conditions are a source of concern for analysis
of the low level samples. Relative humidity, ambient temperatures
variations, air draft, vibrations and even barometric pressure can
affect consistent reproducible measurements of the sample media.
Ideally, the same analyst who performs the tare weights should
perform the final weights to minimize the effects of procedural
differences specific to the analysts.
    d. Attention must also be provided to weighing artifacts caused
by electrostatic charges which may have to be discharged or
neutralized prior to sample analysis. Static charge can affect
consistent and reliable gravimetric readings in low humidity
environments. Method 5I recommends a relative humidity of less than
50 percent in the weighing room environment used for sample
analyses. However, lower humidity may be encountered or required to
address sample precision problems. Low humidity conditions can
increase the effects of static charge.
    e. Other interferences associated with typical Method 5 testing
(sulfates, acid gases, etc.) are also applicable to Method 5I.
    5. Safety.
    Disclaimer. This method may involve hazardous materials,
operations, and equipment. This test method may not address all of
the safety concerns associated with its use. It is the
responsibility of the user to establish appropriate safety and
health practices and to determine the applicability and observe all
regulatory limitations before using this method.
    6. Equipment and Supplies.
    6.1  Sample Collection Equipment and Supplies. The sample train
is nearly identical in configuration to the train depicted in Figure
5-1 of Method 5. The primary difference in the sample trains is the
lightweight Method 5I filter assembly that attaches directly to the
exit to the probe. Other exceptions and additions specific to Method
5I include:
    6.1.1  Probe Nozzle. Same as Method 5, with the exception that
it must be constructed of borosilicate or quartz glass tubing.
    6.1.2  Probe Liner. Same as Method 5, with the exception that it
must be

[[Page 53029]]

constructed of borosilicate or quartz glass tubing.
    6.1.3  Filter Holder. The filter holder is constructed of
borosilicate or quartz glass front cover designed to hold a 47-mm
glass fiber filter, with a wafer thin stainless steel (SS) filter
support, a silicone rubber or Viton O-ring, and Teflon tape seal.
This holder design will provide a positive seal against leakage from
the outside or around the filter. The filter holder assembly fits
into a SS filter holder and attaches directly to the outlet of the
probe. The tare weight of the filter, borosilicate or quartz glass
holder, SS filter support, O-ring and Teflon tape seal generally
will not exceed approximately 35 grams. The filter holder is
designed to use a 47-mm glass fiber filter meeting the quality
criteria in of Method 5. These units are commercially available from
several source testing equipment vendors. Once the filter holder has
been assembled, desiccated and tared, protect it from external
sources of contamination by covering the front socket with a ground
glass plug. Secure the plug with an impinger clamp or other item
that will ensure a leak-free fitting.
    6.2  Sample Recovery Equipment and Supplies. Same as Method 5,
with the following exceptions:
    6.2.1  Probe-Liner and Probe-Nozzle Brushes. Teflon
or nylon bristle brushes with stainless steel wire handles, should
be used to clean the probe. The probe brush must have extensions (at
least as long as the probe) of Teflon, nylon or similarly inert
material. The brushes must be properly sized and shaped for brushing
out the probe liner and nozzle.
    6.2.2  Wash Bottles. Two Teflon wash bottles are recommended
however, polyethylene wash bottles may be used at the option of the
tester. Acetone should not be stored in polyethylene bottles for
longer than one month.
    6.2.3  Filter Assembly Transport. A system should be employed to
minimize contamination of the filter assemblies during transport to
and from the field test location. A carrying case or packet with
clean compartments of sufficient size to accommodate each filter
assembly can be used. This system should have an air tight seal to
further minimize contamination during transport to and from the
field.
    6.3  Analysis Equipment and Supplies. Same as Method 5, with the
following exception:
    6.3.1  Lightweight Beaker Liner. Teflon or other lightweight
beaker liners are used for the analysis of the probe and nozzle
rinses. These light weight liners are used in place of the
borosilicate glass beakers typically used for the Method 5 weighings
in order to improve sample analytical precision.
    6.3.2  Anti-static Treatment. Commercially available gaseous
anti-static rinses are recommended for low humidity situations that
contribute to static charge problems.
    7. Reagents and Standards.
    7.1  Sampling Reagents. The reagents used in sampling are the
same as Method 5 with the following exceptions:
    7.1.1  Filters. The quality specifications for the filters are
identical to those cited for Method 5. The only difference is the
filter diameter of 47 millimeters.
    7.1.2  Stopcock Grease. Stopcock grease cannot be used with this
sampling train. We recommend that the sampling train be assembled
with glass joints containing O-ring seals or screw-on connectors, or
similar.
    7.1.3  Acetone. Low residue type acetone, 0.001
percent residue, purchased in glass bottles is used for the recovery
of particulate matter from the probe and nozzle. Acetone from metal
containers generally has a high residue blank and should not be
used. Sometimes, suppliers transfer acetone to glass bottles from
metal containers; thus, acetone blanks must be run prior to field
use and only acetone with low blank values (0.001 percent
residue, as specified by the manufacturer) must be used. Acetone
blank correction is not allowed for this method; therefore, it is
critical that high purity reagents be purchased and verified prior
to use.
    7.1.4  Gloves. Disposable, powder-free, latex surgical gloves,
or their equivalent are used at all times when handling the filter
housings or performing sample recovery.
    7.2  Standards. There are no applicable standards or audit
samples commercially available for Method 5I analyses.
    8. Sample Collection, Preservation, Storage, and Transport.
    8.1  Pretest Preparation. Same as Method 5 with several
exceptions specific to filter assembly and weighing.
    8.1.1  Filter Assembly. Uniquely identify each filter support
before loading filters into the holder assembly. This can be done
with an engraving tool or a permanent marker. Use powder free latex
surgical gloves whenever handling the filter holder assemblies.
Place the O-ring on the back of the filter housing in the O-ring
groove. Place a 47 mm glass fiber filter on the O-ring with the face
down. Place a stainless steel filter holder against the back of the
filter. Carefully wrap 5 mm (\1/4\ inch) wide Teflon'' tape one
timearound the outside of the filter holder overlapping the
stainless steel filter support by approximately 2.5 mm (\1/8\ inch).
Gently brush the Teflon tape down on the back of the stainless steel
filter support. Store the filter assemblies in their transport case
until time for weighing or field use.
    8.1.2  Filter Weighing Procedures. a. Desiccate the entire
filter holder assemblies at 20  5.6 deg.C (68
 10 deg.F) and ambient pressure for at least 24 hours.
Weigh at intervals of at least 6 hours to a constant weight, i.e.,
0.5 mg change from previous weighing. Record the results to the
nearest 0.1 mg. During each weighing, the filter holder assemblies
must not be exposed to the laboratory atmosphere for a period
greater than 2 minutes and a relative humidity above 50 percent.
Lower relative humidity may be required in order to improve
analytical precision. However, low humidity conditions increase
static charge to the sample media.
    b. Alternatively (unless otherwise specified by the
Administrator), the filters holder assemblies may be oven dried at
105 deg.C (220 deg.F) for a minimum of 2 hours, desiccated for 2
hours, and weighed. The procedure used for the tare weigh must also
be used for the final weight determination.
    c. Experience has shown that weighing uncertainties are not only
related to the balance performance but to the entire weighing
procedure. Therefore, before performing any measurement, establish
and follow standard operating procedures, taking into account the
sampling equipment and filters to be used.
    8.2  Preliminary Determinations. Select the sampling site,
traverse points, probe nozzle, and probe length as specified in
Method 5.
    8.3  Preparation of Sampling Train. Same as Method 5, Section
8.3, with the following exception: During preparation and assembly
of the sampling train, keep all openings where contamination can
occur covered until justbefore assembly or until sampling is about
to begin. Using gloves, place a labeled (identified) and weighed
filter holder assembly into the stainless steel holder. Then place
this whole unit in the Method 5 hot box, and attach it to the probe.
Do not use stopcock grease.
    8.4  Leak-Check Procedures. Same as Method 5.
    8.5  Sampling Train Operation.
    8.5.1.  Operation. Operate the sampling train in a manner
consistent with those described in Methods 1, 2, 4 and 5 in terms of
the number of sample points and minimum time per point. The sample
rate and total gas volume should be adjusted based on estimated
grain loading of the source being characterized. The total sampling
time must be a function of the estimated mass of particulate to be
collected for the run. Targeted mass to be collected in a typical
Method 5I sample train should be on the order of 10 to 20 mg. Method
5I is most appropriate for total collected masses of less than 50
milligrams, however, there is not an exact particulate loading
cutoff, and it is likely that some runs may exceed 50 mg. Exceeding
50 mg (or less than 10 mg) for the sample mass does not necessarily
justify invalidating a sample run if all other Method criteria are
met.
    8.5.2  Paired Train. This Method requires PM samples be
collected with paired trains.
    8.5.2.1  It is important that the systems be operated truly
simultaneously. This implies that both sample systems start and stop
at the same times. This also means that if one sample system is
stopped during the run, the other sample systems must also be
stopped until the cause has been corrected.
    8.5.2.2  Care should be taken to maintain the filter box
temperature of the paired trains as close as possible to the Method
required temperature of 120  14 deg.C (248 
25 deg.F). If separate ovens are being used for simultaneously
operated trains, it is recommended that the oven temperature of each
train be maintained within  14 deg.C (
25 deg.F) of each other.
    8.5.2.3  The nozzles for paired trains need not be identically
sized.
    8.5.2.4  Co-located sample nozzles must be within the same plane
perpendicular to the gas flow. Co-located nozzles and pitot
assemblies should be within a 6.0 cm  x  6.0 cm square (as cited for
a quadruple train in Reference Method 301).
    8.5.3  Duplicate gas samples for molecular weight determination
need not be collected.

[[Page 53030]]

    8.6  Sample Recovery. Same as Method 5 with several exceptions
specific to the filter housing.
    8.6.1  Before moving the sampling train to the cleanup site,
remove the probe from the train and seal the nozzle inlet and outlet
of the probe. Be careful not to lose any condensate that might be
present. Cap the filter inlet using a standard ground glass plug and
secure the cap with an impinger clamp. Remove the umbilical cord
from the last impinger and cap the impinger. If a flexible line is
used between the first impinger condenser and the filter holder,
disconnect the line at the filter holder and let any condensed water
or liquid drain into the impingers or condenser.
    8.6.2  Transfer the probe and filter-impinger assembly to the
cleanup area. This area must be clean and protected from the wind so
that the possibility of losing any of the sample will be minimized.
    8.6.3  Inspect the train prior to and during disassembly and
note any abnormal conditions such as particulate color, filter
loading, impinger liquid color, etc.
    8.6.4  Container No. 1, Filter Assembly. Carefully remove the
cooled filter holder assembly from the Method 5 hot box and place it
in the transport case. Use a pair of clean gloves to handle the
filter holder assembly.
    8.6.5  Container No. 2, Probe Nozzle and Probe Liner Rinse.
Rinse the probe and nozzle components with acetone. Be certain that
the probe and nozzle brushes have been thoroughly rinsed prior to
use as they can be a source of contamination.
    8.6.6  All Other Train Components. (Impingers) Same as Method 5.
    8.7  Sample Storage and Transport. Whenever possible, containers
should be shipped in such a way that they remain upright at all
times. All appropriate dangerous goods shipping requirements must be
observed since acetone is a flammable liquid.
    9. Quality Control.
    9.1  Miscellaneous Field Quality Control Measures.
    9.1.1  A quality control (QC) check of the volume metering
system at the field site is suggested before collecting the sample
using the procedures in Method 5, Section 4.4.1.
    9.1.2  All other quality control checks outlined in Methods 1,
2, 4 and 5 also apply to Method 5I. This includes procedures such as
leak-checks, equipment calibration checks, and independent checks of
field data sheets for reasonableness and completeness.
    9.2  Quality Control Samples.
    9.2.1  Required QC Sample. A laboratory reagent blank must be
collected and analyzed for each lot of acetone used for a field
program to confirm that it is of suitable purity. The particulate
samples cannot be blank corrected.
    9.2.2  Recommended QC Samples. These samples may be collected
and archived for future analyses.
    9.2.2.1  A field reagent blank is a recommended QC sample
collected from a portion of the acetone used for cleanup of the
probe and nozzle. Take 100 ml of this acetone directly from the wash
bottle being used and place it in a glass sample container labeled
``field acetone reagent blank.'' At least one field reagent blank is
recommended for every five runs completed. The field reagent blank
samples demonstrate the purity of the acetone was maintained
throughout the program.
    9.2.2.2  A field bias blank train is a recommended QC sample.
This sample is collected by recovering a probe and filter assembly
that has been assembled, taken to the sample location, leak checked,
heated, allowed to sit at the sample location for a similar duration
of time as a regular sample run, leak-checked again, and then
recovered in the same manner as a regular sample. Field bias blanks
are not a Method requirement, however, they are recommended and are
very useful for identifying sources of contamination in emission
testing samples. Field bias blank train results greater than 5 times
the method detection limit may be considered problematic.
    10.  Calibration and Standardization Same as Method 5, Section
5.
    11. Analytical Procedures.
    11.1  Analysis. Same as Method 5, Sections 11.1--11.2.4, with
the following exceptions:
    11.1.1  Container No. 1. Same as Method 5, Section 11.2.1, with
the following exception: Use disposable gloves to remove each of the
filter holder assemblies from the desiccator, transport container,
or sample oven (after appropriate cooling).
    11.1.2  Container No. 2. Same as Method 5, Section 11.2.2, with
the following exception: It is recommended that the contents of
Container No. 2 be transferred to a 250 ml beaker with a Teflon
liner or similar container that has a minimal tare weight before
bringing to dryness.
    12. Data Analysis and Calculations.
    12.1  Particulate Emissions. The analytical results cannot be
blank corrected for residual acetone found in any of the blanks. All
other sample calculations are identical to Method 5.
    12.2  Paired Trains Outliers. a. Outliers are identified through
the determination of precision and any systemic bias of the paired
trains. Data that do not meet this criteria should be flagged as a
data quality problem. The primary reason for performing dual train
sampling is to generate information to quantify the precision of the
Reference Method data. The relative standard deviation (RSD) of
paired data is the parameter used to quantify data precision. RSD
for two simultaneously gathered data points is determined according
to:
[GRAPHIC] [TIFF OMITTED] TR30SE99.008

where, Ca and Cb are concentration values determined from trains A
and B respectively. For RSD calculation, the concentration units are
unimportant so long as they are consistent.
    b. A minimum precision criteria for Reference Method PM data is
that RSD for any data pair must be less than 10% as long as the mean
PM concentration is greater than 10 mg/unit volume. If the mean PM
concentration is less than 10 mg/unit volume higher RSD values are
acceptable. At mean PM concentration of 1 mg/unit volume acceptable
RSD for paired trains is 25%. Between 1 and 10 mg/unit volume
acceptable RSD criteria should be linearly scaled from 25% to 10%.
Pairs of manual method data exceeding these RSD criteria should be
eliminated from the data set used to develop a PM CEMS correlation
or to assess RCA.
    13. Method Performance. [Reserved]
    14. Pollution Prevention. [Reserved]
    15. Waste Management. [Reserved]
    16. Alternative Procedures. Same as Method 5.
    17. Bibliography. Same as Method 5.
    18. Tables, Diagrams, Flowcharts and Validation Data. Figure 5I-
1 is a schematic of the sample train.

BILLING CODE 6560-50-P

[[Page 53031]]

[GRAPHIC] [TIFF OMITTED] TR30SE99.009

BILLING CODE 6560-50-C

[[Page 53032]]

    3. Appendix B to part 60 is amended by adding Performance
Specifications 4B and 8A in numerical order to read as follows:

Appendix B--Performance Specifications

* * * * *
Performance Specification 4B---Specifications and test procedures
for carbon monoxide and oxygen continuous monitoring systems in
stationary sources

a. Applicability and Principle

    1.1  Applicability. a. This specification is to be used for
evaluating the acceptability of carbon monoxide (CO) and oxygen
(O2) continuous emission monitoring systems (CEMS) at the
time of or soon after installation and whenever specified in the
regulations. The CEMS may include, for certain stationary sources,
(a) flow monitoring equipment to allow measurement of the dry volume
of stack effluent sampled, and (b) an automatic sampling system.
    b. This specification is not designed to evaluate the installed
CEMS' performance over an extended period of time nor does it
identify specific calibration techniques and auxiliary procedures to
assess the CEMS' performance. The source owner or operator, however,
is responsible to properly calibrate, maintain, and operate the
CEMS. To evaluate the CEMS' performance, the Administrator may
require, under section 114 of the Act, the operator to conduct CEMS
performance evaluations at times other than the initial test.
    c. The definitions, installation and measurement location
specifications, test procedures, data reduction procedures,
reporting requirements, and bibliography are the same as in PS 3
(for O2) and PS 4A (for CO) except as otherwise noted
below.
    1.2  Principle. Installation and measurement location
specifications, performance specifications, test procedures, and
data reduction procedures are included in this specification.
Reference method tests, calibration error tests, calibration drift
tests, and interferant tests are conducted to determine conformance
of the CEMS with the specification.

b. Definitions

    2.1  Continuous Emission Monitoring System (CEMS). This
definition is the same as PS 2 Section 2.1 with the following
addition. A continuous monitor is one in which the sample to be
analyzed passes the measurement section of the analyzer without
interruption.
    2.2  Response Time. The time interval between the start of a
step change in the system input and when the pollutant analyzer
output reaches 95 percent of the final value.
    2.3  Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration
generated by a calibration source when the entire CEMS, including
the sampling interface is challenged. A CE test procedure is
performed to document the accuracy and linearity of the CEMS over
the entire measurement range.

3. Installation and Measurement Location Specifications

    3.1  The CEMS Installation and Measurement Location. This
specification is the same as PS 2 Section 3.1 with the following
additions. Both the CO and O2 monitors should be
installed at the same general location. If this is not possible,
they may be installed at different locations if the effluent gases
at both sample locations are not stratified and there is no in-
leakage of air between sampling locations.
    3.1.1  Measurement Location. Same as PS 2 Section 3.1.1.
    3.1.2  Point CEMS. The measurement point should be within or
centrally located over the centroidal area of the stack or duct
cross section.
    3.1.3  Path CEMS. The effective measurement path should: (1)
Have at least 70 percent of the path within the inner 50 percent of
the stack or duct cross sectional area, or (2) be centrally located
over any part of the centroidal area.
    3.2  Reference Method (RM) Measurement Location and Traverse
Points. This specification is the same as PS 2 Section 3.2 with the
following additions. When pollutant concentration changes are due
solely to diluent leakage and CO and O2 are
simultaneously measured at the same location, one half diameter may
be used in place of two equivalent diameters.
    3.3  Stratification Test Procedure. Stratification is defined as
the difference in excess of 10 percent between the average
concentration in the duct or stack and the concentration at any
point more than 1.0 meter from the duct or stack wall. To determine
whether effluent stratification exists, a dual probe system should
be used to determine the average effluent concentration while
measurements at each traverse point are being made. One probe,
located at the stack or duct centroid, is used as a stationary
reference point to indicate change in the effluent concentration
over time. The second probe is used for sampling at the traverse
points specified in Method 1 (40 CFR part 60 appendix A). The
monitoring system samples sequentially at the reference and traverse
points throughout the testing period for five minutes at each point.

d. Performance and Equipment Specifications

    4.1  Data Recorder Scale. For O2, same as specified
in PS 3, except that the span must be 25 percent. The span of the
O2 may be higher if the O2 concentration at
the sampling point can be greater than 25 percent. For CO, same as
specified in PS 4A, except that the low-range span must be 200 ppm
and the high range span must be 3000 ppm. In addition, the scale for
both CEMS must record all readings within a measurement range with a
resolution of 0.5 percent.
    4.2  Calibration Drift. For O2, same as specified in
PS 3. For CO, the same as specified in PS 4A except that the CEMS
calibration must not drift from the reference value of the
calibration standard by more than 3 percent of the span value on
either the high or low range.
    4.3  Relative Accuracy (RA). For O2, same as
specified in PS 3. For CO, the same as specified in PS 4A.
    4.4  Calibration Error (CE). The mean difference between the
CEMS and reference values at all three test points (see Table I)
must be no greater than 5 percent of span value for CO monitors and
0.5 percent for O2 monitors.
    4.5  Response Time. The response time for the CO or
O2 monitor must not exceed 2 minutes.

e. Performance Specification Test Procedure

    5.1  Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.

F. The CEMS Calibration Drift and Response Time Test Procedures

    The response time test procedure is given in PS 4A, and must be
carried out for both the CO and O2 monitors.

7. Relative Accuracy and Calibration Error Test Procedures

    7.1  Calibration Error Test Procedure. Challenge each monitor
(both low and high range CO and O2) with zero gas and EPA
Protocol 1 cylinder gases at three measurement points within the
ranges specified in Table I.

             Table I. Calibration Error Concentration Ranges
------------------------------------------------------------------------
                                      CO Low
         Measurement point             range       CO High      O2 (%)
                                       (ppm)     range (ppm)
------------------------------------------------------------------------
1.................................    0-40        0-600           0-2
2.................................   60-80      900-1200         8-10
3.................................  140-160     2100-2400       14-16
------------------------------------------------------------------------

Operate each monitor in its normal sampling mode as nearly as
possible. The calibration gas must be injected into the sample
system as close to the sampling probe outlet as practical and should
pass through all CEMS components used during normal sampling.
Challenge the CEMS three non-consecutive times at each measurement
point and record the responses. The duration of each gas

[[Page 53033]]

injection should be sufficient to ensure that the CEMS surfaces are
conditioned.
    7.1.1  Calculations. Summarize the results on a data sheet.
Average the differences between the instrument response and the
certified cylinder gas value for each gas. Calculate the CE results
according to:
[GRAPHIC] [TIFF OMITTED] TR30SE99.010

where d is the mean difference between the CEMS response and the
known reference concentration and FS is the span value.
    7.2  Relative Accuracy Test Procedure. Follow the RA test
procedures in PS 3 (for O2) section 3 and PS 4A (for CO)
section 4.
    7.3  Alternative RA Procedure. Under some operating conditions,
it may not be possible to obtain meaningful results using the RA
test procedure. This includes conditions where consistent, very low
CO emission or low CO emissions interrupted periodically by short
duration, high level spikes are observed. It may be appropriate in
these circumstances to waive the RA test and substitute the
following procedure.
    Conduct a complete CEMS status check following the
manufacturer's written instructions. The check should include
operation of the light source, signal receiver, timing mechanism
functions, data acquisition and data reduction functions, data
recorders, mechanically operated functions, sample filters, sample
line heaters, moisture traps, and other related functions of the
CEMS, as applicable. All parts of the CEMS must be functioning
properly before the RA requirement can be waived. The instrument
must also successfully passed the CE and CD specifications.
Substitution of the alternate procedure requires approval of the
Regional Administrator.

8. Bibliography

    1. 40 CFR Part 266, Appendix IX, Section 2, ``Performance
Specifications for Continuous Emission Monitoring Systems.''
* * * * *
Performance Specification 8A--Specifications and test procedures for
total hydrocarbon continuous monitoring systems in stationary
sources

1. Applicability and Principle

    1.1  Applicability. These performance specifications apply to
hydrocarbon (HC) continuous emission monitoring systems (CEMS)
installed on stationary sources. The specifications include
procedures which are intended to be used to evaluate the
acceptability of the CEMS at the time of its installation or
whenever specified in regulations or permits. The procedures are not
designed to evaluate CEMS performance over an extended period of
time. The source owner or operator is responsible for the proper
calibration, maintenance, and operation of the CEMS at all times.
    1.2  Principle. A gas sample is extracted from the source
through a heated sample line and heated filter to a flame ionization
detector (FID). Results are reported as volume concentration
equivalents of propane. Installation and measurement location
specifications, performance and equipment specifications, test and
data reduction procedures, and brief quality assurance guidelines
are included in the specifications. Calibration drift, calibration
error, and response time tests are conducted to determine
conformance of the CEMS with the specifications.

2. Definitions

    2.1  Continuous Emission Monitoring System (CEMS). The total
equipment used to acquire data, which includes sample extraction and
transport hardware, analyzer, data recording and processing
hardware, and software. The system consists of the following major
subsystems:
    2.1.1  Sample Interface. That portion of the system that is used
for one or more of the following: Sample acquisition, sample
transportation, sample conditioning, or protection of the analyzer
from the effects of the stack effluent.
    2.1.2  Organic Analyzer. That portion of the system that senses
organic concentration and generates an output proportional to the
gas concentration.
    2.1.3  Data Recorder. That portion of the system that records a
permanent record of the measurement values. The data recorder may
include automatic data reduction capabilities.
    2.2  Instrument Measurement Range. The difference between the
minimum and maximum concentration that can be measured by a specific
instrument. The minimum is often stated or assumed to be zero and
the range expressed only as the maximum.
    2.3  Span or Span Value. Full scale instrument measurement
range. The span value must be documented by the CEMS manufacturer
with laboratory data.
    2.4  Calibration Gas. A known concentration of a gas in an
appropriate diluent gas.
    2.5  Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment takes place. A CD test is performed to demonstrate the
stability of the CEMS calibration over time.
    2.6  Response Time. The time interval between the start of a
step change in the system input (e.g., change of calibration gas)
and the time when the data recorder displays 95 percent of the final
value.
    2.7  Accuracy. A measurement of agreement between a measured
value and an accepted or true value, expressed as the percentage
difference between the true and measured values relative to the true
value. For these performance specifications, accuracy is checked by
conducting a calibration error (CE) test.
    2.8  Calibration Error (CE). The difference between the
concentration indicated by the CEMS and the known concentration of
the cylinder gas. A CE test procedure is performed to document the
accuracy and linearity of the monitoring equipment over the entire
measurement range.
    2.9  Performance Specification Test (PST) Period. The period
during which CD, CE, and response time tests are conducted.
    2.10  Centroidal Area. A concentric area that is geometrically
similar to the stack or duct cross section and is no greater than 1
percent of the stack or duct cross-sectional area.

3. Installation and Measurement Location Specifications

    3.1  CEMS Installation and Measurement Locations. The CEMS must
be installed in a location in which measurements representative of
the source's emissions can be obtained. The optimum location of the
sample interface for the CEMS is determined by a number of factors,
including ease of access for calibration and maintenance, the degree
to which sample conditioning will be required, the degree to which
it represents total emissions, and the degree to which it represents
the combustion situation in the firebox (where applicable). The
location should be as free from in-leakage influences as possible
and reasonably free from severe flow disturbances. The sample
location should be at least two equivalent duct diameters downstream
from the nearest control device, point of pollutant generation, or
other point at which a change in the pollutant concentration or
emission rate occurs and at least 0.5 diameter upstream from the
exhaust or control device. The equivalent duct diameter is
calculated as per 40 CFR part 60, appendix A, method 1, section 2.1.
If these criteria are not achievable or if the location is otherwise
less than optimum, the possibility of stratification should be
investigated as described in section 3.2. The measurement point must
be within the centroidal area of the stack or duct cross section.
    3.2  Stratification Test Procedure. Stratification is defined as
a difference in excess of 10 percent between the average
concentration in the duct or stack and the concentration at any
point more than 1.0 meter from the duct or stack wall. To determine
whether effluent stratification exists, a dual probe system should
be used to determine the average effluent concentration while
measurements at each traverse point are being made. One probe,
located at the stack or duct centroid, is used as a stationary
reference point to indicate the change in effluent concentration
over time. The second probe is used for sampling at the traverse
points specified in 40 CFR part 60 appendix A, method 1. The
monitoring system samples sequentially at the reference and traverse
points throughout the testing period for five minutes at each point.

4. CEMS Performance and Equipment Specifications

    If this method is applied in highly explosive areas, caution and
care must be exercised in choice of equipment and installation.
    4.1  Flame Ionization Detector (FID) Analyzer. A heated FID
analyzer capable of meeting or exceeding the requirements of these
specifications. Heated systems must maintain the temperature of the
sample gas between 150  deg.C (300  deg.F) and 175  deg.C (350
deg.F) throughout the system. This requires all system components
such as the probe, calibration valve, filter, sample lines, pump,
and the FID to be kept heated at all times such that no moisture is
condensed out of the

[[Page 53034]]

system. The essential components of the measurement system are
described below:
    4.1.1  Sample Probe. Stainless steel, or equivalent, to collect
a gas sample from the centroidal area of the stack cross-section.
    4.1.2  Sample Line. Stainless steel or Teflon tubing to
transport the sample to the analyzer.

    Note: Mention of trade names or specific products does not
constitute endorsement by the Environmental Protection Agency.

    4.1.3  Calibration Valve Assembly. A heated three-way valve
assembly to direct the zero and calibration gases to the analyzer is
recommended. Other methods, such as quick-connect lines, to route
calibration gas to the analyzers are applicable.
    4.1.4  Particulate Filter. An in-stack or out-of-stack sintered
stainless steel filter is recommended if exhaust gas particulate
loading is significant. An out-of-stack filter must be heated.
    4.1.5  Fuel. The fuel specified by the manufacturer (e.g., 40
percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent
nitrogen gas mixtures, or pure hydrogen) should be used.
    4.1.6  Zero Gas. High purity air with less than 0.1 parts per
million by volume (ppm) HC as methane or carbon equivalent or less
than 0.1 percent of the span value, whichever is greater.
    4.1.7  Calibration Gases. Appropriate concentrations of propane
gas (in air or nitrogen). Preparation of the calibration gases
should be done according to the procedures in EPA Protocol 1. In
addition, the manufacturer of the cylinder gas should provide a
recommended shelf life for each calibration gas cylinder over which
the concentration does not change by more than 2 percent
from the certified value.
    4.2  CEMS Span Value. 100 ppm propane. The span value must be
documented by the CEMS manufacturer with laboratory data.
    4.3  Daily Calibration Gas Values. The owner or operator must
choose calibration gas concentrations that include zero and high-
level calibration values.
    4.3.1  The zero level may be between zero and 0.1 ppm (zero and
0.1 percent of the span value).
    4.3.2  The high-level concentration must be between 50 and 90
ppm (50 and 90 percent of the span value).
    4.4  Data Recorder Scale. The strip chart recorder, computer, or
digital recorder must be capable of recording all readings within
the CEMS' measurement range and must have a resolution of 0.5 ppm
(0.5 percent of span value).
    4.5  Response Time. The response time for the CEMS must not
exceed 2 minutes to achieve 95 percent of the final stable value.
    4.6  Calibration Drift. The CEMS must allow the determination of
CD at the zero and high-level values. The CEMS calibration response
must not differ by more than 3 ppm (3
percent of the span value) after each 24-hour period of the 7-day
test at both zero and high levels.
    4.7  Calibration Error. The mean difference between the CEMS and
reference values at all three test points listed below must be no
greater than 5 ppm (5 percent of the span value).
    4.7.1  Zero Level. Zero to 0.1 ppm (0 to 0.1 percent of span
value).
    4.7.2  Mid-Level. 30 to 40 ppm (30 to 40 percent of span value).
    4.7.3  High-Level. 70 to 80 ppm (70 to 80 percent of span
value).
    4.8  Measurement and Recording Frequency. The sample to be
analyzed must pass through the measurement section of the analyzer
without interruption. The detector must measure the sample
concentration at least once every 15 seconds. An average emission
rate must be computed and recorded at least once every 60 seconds.
    4.9  Hourly Rolling Average Calculation. The CEMS must calculate
every minute an hourly rolling average, which is the arithmetic mean
of the 60 most recent 1-minute average values.
    4.10  Retest. If the CEMS produces results within the specified
criteria, the test is successful. If the CEMS does not meet one or
more of the criteria, necessary corrections must be made and the
performance tests repeated.

5. Performance Specification Test (PST) Periods

    5.1  Pretest Preparation Period. Install the CEMS, prepare the
PTM test site according to the specifications in section 3, and
prepare the CEMS for operation and calibration according to the
manufacturer's written instructions. A pretest conditioning period
similar to that of the 7-day CD test is recommended to verify the
operational status of the CEMS.
    5.2  Calibration Drift Test Period. While the facility is
operating under normal conditions, determine the magnitude of the CD
at 24-hour intervals for seven consecutive days according to the
procedure given in section 6.1. All CD determinations must be made
following a 24-hour period during which no unscheduled maintenance,
repair, or adjustment takes place. If the combustion unit is taken
out of service during the test period, record the onset and duration
of the downtime and continue the CD test when the unit resumes
operation.
    5.3  Calibration Error Test and Response Time Test Periods.
Conduct the CE and response time tests during the CD test period.

6. Performance Specification Test Procedures

    6.1  Relative Accuracy Test Audit (RATA) and Absolute
Calibration Audits (ACA). The test procedures described in this
section are in lieu of a RATA and ACA.
    6.2  Calibration Drift Test.
    6.2.1  Sampling Strategy. Conduct the CD test at 24-hour
intervals for seven consecutive days using calibration gases at the
two daily concentration levels specified in section 4.3. Introduce
the two calibration gases into the sampling system as close to the
sampling probe outlet as practical. The gas must pass through all
CEM components used during normal sampling. If periodic automatic or
manual adjustments are made to the CEMS zero and calibration
settings, conduct the CD test immediately before these adjustments,
or conduct it in such a way that the CD can be determined. Record
the CEMS response and subtract this value from the reference
(calibration gas) value. To meet the specification, none of the
differences may exceed 3 percent of the span of the CEM.
    6.2.2  Calculations. Summarize the results on a data sheet. An
example is shown in Figure 1. Calculate the differences between the
CEMS responses and the reference values.
    6.3  Response Time. The entire system including sample
extraction and transport, sample conditioning, gas analyses, and the
data recording is checked with this procedure.
    6.3.1  Introduce the calibration gases at the probe as near to
the sample location as possible. Introduce the zero gas into the
system. When the system output has stabilized (no change greater
than 1 percent of full scale for 30 sec), switch to monitor stack
effluent and wait for a stable value. Record the time (upscale
response time) required to reach 95 percent of the final stable
value.
    6.3.2  Next, introduce a high-level calibration gas and repeat
the above procedure. Repeat the entire procedure three times and
determine the mean upscale and downscale response times. The longer
of the two means is the system response time.
    6.4  Calibration Error Test Procedure.
    6.4.1  Sampling Strategy. Challenge the CEMS with zero gas and
EPA Protocol 1 cylinder gases at measurement points within the
ranges specified in section 4.7.
    6.4.1.1  The daily calibration gases, if Protocol 1, may be used
for this test.

BILLING CODE 6560-50-P

[[Page 53035]]

[GRAPHIC] [TIFF OMITTED] TR30SE99.011

BILLING CODE 6560-50-C

[[Page 53036]]

    6.4.1.2  Operate the CEMS as nearly as possible in its normal
sampling mode. The calibration gas should be injected into the
sampling system as close to the sampling probe outlet as practical
and must pass through all filters, scrubbers, conditioners, and
other monitor components used during normal sampling. Challenge the
CEMS three non-consecutive times at each measurement point and
record the responses. The duration of each gas injection should be
for a sufficient period of time to ensure that the CEMS surfaces are
conditioned.
    6.4.2  Calculations. Summarize the results on a data sheet. An
example data sheet is shown in Figure 2. Average the differences
between the instrument response and the certified cylinder gas value
for each gas. Calculate three CE results according to Equation 1. No
confidence coefficient is used in CE calculations.

7. Equations

    Calibration Error. Calculate CE using Equation 1.
    [GRAPHIC] [TIFF OMITTED] TR30SE99.012

Where:

d= Mean difference between CEMS response and the known reference
concentration, determined using Equation 2.
[GRAPHIC] [TIFF OMITTED] TR30SE99.013

Where:

di = Individual difference between CEMS response and the
known reference concentration.

8. Reporting

    At a minimum, summarize in tabular form the results of the CD,
response time, and CE test, as appropriate. Include all data sheets,
calculations, CEMS data records, and cylinder gas or reference
material certifications.

BILLING CODE 6560-50-P

[[Page 53037]]

[GRAPHIC] [TIFF OMITTED] TR30SE99.014

BILLING CODE 6560-50-C

[[Page 53038]]

9. References

    1. Measurement of Volatile Organic Compounds-Guideline Series.
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, EPA-450/2-78-041, June 1978.
    2. Traceability Protocol for Establishing True Concentrations of
Gases Used for Calibration and Audits of Continuous Source Emission
Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/
EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
    3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S.
Environmental Protection Agency, OAQPS, Research Triangle Park,
North Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. Part 63, subpart EEE, is revised to read as follows:

Subpart EEE--National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors

General

Sec.
63.1200  Who is subject to these regulations?
63.1201  Definitions and acronyms used in this subpart.
63.1202 [Reserved]

Emissions Standards and Operating Limits

63.1203  What are the standards for hazardous waste incinerators?
63.1204  What are the standards for hazardous waste burning cement
kilns?
63.1205  What are the standards for hazardous waste burning
lightweight aggregate kilns?

Monitoring and Compliance Provisions

63.1206  When and how must you comply with the standards and
operating requirements?
63.1207  What are the performance testing requirements?
63.1208  What are the test methods?
63.1209  What are the monitoring requirements?

Notification, Reporting and Recordkeeping

63.1210  What are the notification requirements?
63.1211  What are the recordkeeping and reporting requirements?
63.1212  What are the other requirements pertaining to the NIC and
associated progress reports?

Other

63.1213  How can the compliance date be extended to install
pollution prevention or waste minimization controls?
Table 1 to Subpart EEE of Part 63--General Provisions Applicable to
Subpart EEE
Appendix A to Subpart EEE--Quality Assurance Procedures for
Continuous Emissions Monitors Used for Hazardous Waste Combustors

Subpart EEE--National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors General

Sec. 63.1200  Who is subject to these regulations?

    The provisions of this subpart apply to all hazardous waste
combustors: hazardous waste incinerators, hazardous waste burning
cement kilns, and hazardous waste burning lightweight aggregate kilns,
except as provided in Table 1 of this section. Hazardous waste
combustors are also subject to applicable requirements under parts 260-
270 of this chapter.
    (a) What if I am an area source? (1) Both area sources and major
sources are subject to this subpart.
    (2) Both area sources and major sources, not previously subject to
title V, are immediately subject to the requirement to apply for and
obtain a title V permit in all States, and in areas covered by part 71
of this chapter.
    (b) These regulations in this subpart do not apply to sources
that meet the criteria in Table 1 of this Section, as follows:

   Table 1 to Sec.  63.1200.-- Hazardous Waste Combustors Exempt from
                               Subpart EEE
------------------------------------------------------------------------
               If                       And if               Then
------------------------------------------------------------------------
(1) You are a previously          (i) You ceased      You are no longer
 affected source.                  feeding hazardous   subject to this
                                   waste for a         subpart (Subpart
                                   period of time      EEE).
                                   greater than the
                                   hazardous waste
                                   residence time
                                   (i.e., hazardous
                                   waste no longer
                                   resides in the
                                   combustion
                                   chamber);.
                                  (ii) You are in
                                   compliance with
                                   the closure
                                   requirements of
                                   subpart G, parts
                                   264 or 265 of
                                   this chapter;.
                                  (iii) You begin
                                   complying with
                                   the requirements
                                   of all other
                                   applicable
                                   standards of this
                                   part (Part 63);
                                   and.
                                  (iv) You notify
                                   the Administrator
                                   in writing that
                                   you are no longer
                                   an affected
                                   source under this
                                   subpart (Subpart
                                   EEE).
(2) You are a research,           You operate for no  You are not
 development, and demonstration    longer than one     subject to this
 source.                           year after first    subpart (Subpart
                                   burning hazardous   EEE). This
                                   waste (Note that    exemption applies
                                   the Administrator   even if there is
                                   can extent this     a hazardous waste
                                   one-year            combustor at the
                                   restriction on a    plant site that
                                   case-by-case        is regulated
                                   basis upon your     under this
                                   written request     subpart. You
                                   documenting when    still, however,
                                   you first burned    remain subject to
                                   hazardous waste     Sec.  270.65 of
                                   and the             this chapter.
                                   justification for
                                   needing
                                   additional time
                                   to perform
                                   research,
                                   development, or
                                   demonstration
                                   operations.).
(3) The only hazardous wastes       ................  You are not
 you burn are exempt from                              subject to the
 regulation under Sec.                                 requirements of
 266.100(b) of this chapter.                           this subpart
                                                       (Subpart EEE).
------------------------------------------------------------------------

[[Page 53039]]

    (c) Table 1 of this section specifies the provisions of subpart A
(General Provisions, Secs. 63.1-63.15) that apply and those that do not
apply to sources affected by this subpart.

Sec. 63.1201  Definitions and acronyms used in this subpart.

    (a) The terms used in this subpart are defined in the Act, in
subpart A of this part, or in this section as follows:
    Air pollution control system means the equipment used to reduce the
release of particulate matter and other pollutants to the atmosphere.
    Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained
to stop the flow of hazardous waste to the combustion unit
automatically and immediately (except as provided by
Sec. 63.1206(c)(2)(viii)) when any operating requirement is exceeded.
    By-pass duct means a device which diverts a minimum of 10 percent
of a cement kiln's off gas, or a device which the Administrator
determines on a case-by-case basis diverts a sample of kiln gas that
contains levels of carbon monoxide or hydrocarbons representative of
the levels in the kiln.
    Combustion chamber means the area in which controlled flame
combustion of hazardous waste occurs.
    Continuous monitor means a device which continuously samples the
regulated parameter specified in Sec. 63.1209 without interruption,
evaluates the detector response at least once every 15 seconds, and
computes and records the average value at least every 60 seconds,
except during allowable periods of calibration and except as defined
otherwise by the CEMS Performance Specifications in appendix B, part 60
of this chapter.
    Dioxin/furan and dioxins and furans mean tetra-, penta-, hexa-,
hepta-, and octa-chlorinated dibenzo dioxins and furans.
    Existing source means any affected source that is not a new source.
    Feedrate operating limits means limits on the feedrate of materials
(e.g., metals, chlorine) to the combustor that are established based on
comprehensive performance testing. The limits are established and
monitored by knowing the concentration of the limited material (e.g.,
chlorine) in each feedstream and the flowrate of each feedstream.
    Feedstream means any material fed into a hazardous waste combustor,
including, but not limited to, any pumpable or nonpumpable solid,
liquid, or gas.
    Flowrate means the rate at which a feedstream is fed into a
hazardous waste combustor.
    Hazardous waste is defined in Sec. 261.3 of this chapter.
    Hazardous waste burning cement kiln means a rotary kiln and any
associated preheater or precalciner devices that produce clinker by
heating limestone and other materials for subsequent production of
cement for use in commerce, and that burns hazardous waste at any time.
    Hazardous waste combustor means a hazardous waste incinerator,
hazardous waste burning cement kiln, or hazardous waste burning
lightweight aggregate kiln.
    Hazardous waste incinerator means a device defined as an
incinerator in Sec. 260.10 of this chapter and that burns hazardous
waste at any time.
    Hazardous waste lightweight aggregate kiln means a rotary kiln that
produces clinker by heating materials such as slate, shale and clay for
subsequent production of lightweight aggregate used in commerce, and
that burns hazardous waste at any time.
    Hazardous waste residence time means the time elapsed from cutoff
of the flow of hazardous waste into the combustor (including, for
example, the time required for liquids to flow from the cutoff valve
into the combustor) until solid, liquid, and gaseous materials from the
hazardous waste, excluding residues that may adhere to combustion
chamber surfaces, exit the combustion chamber. For combustors with
multiple firing systems whereby the residence time may vary for the
firing systems, the hazardous waste residence time for purposes of
complying with this subpart means the longest residence time for any
firing system in use at the time of waste cutoff.
    Initial comprehensive performance test means the comprehensive
performance test that is used as the basis for initially demonstrating
compliance with the standards.
    In-line kiln raw mill means a hazardous waste burning cement kiln
design whereby kiln gas is ducted through the raw material mill for
portions of time to facilitate drying and heating of the raw material.
    Instantaneous monitoring means continuously sampling, detecting,
and recording the regulated parameter without use of an averaging
period.
    Monovent means an exhaust configuration of a building or emission
control device (e.g. positive pressure fabric filter) that extends the
length of the structure and has a width very small in relation to its
length (i.e., length to width ratio is typically greater than 5:1). The
exhaust may be an open vent with or without a roof, louvered vents, or
a combination of such features.
    MTEC means maximum theoretical emissions concentration of metals or
HCl/Cl, expressed as g/dscm, and is calculated by dividing the
feedrate by the gas flowrate.
    New source means any affected source the construction or
reconstruction of which is commenced after April 19, 1996.
    One-minute average means the average of detector responses
calculated at least every 60 seconds from responses obtained at least
every 15 seconds.
    Operating record means a documentation retained at the facility for
ready inspection by authorized officials of all information required by
the standards to document and maintain compliance with the applicable
regulations, including data and information, reports, notifications,
and communications with regulatory officials.
    Operating requirements means operating terms or conditions, limits,
or operating parameter limits developed under this subpart that ensure
compliance with the emission standards.
    Raw material feed means the prepared and mixed materials, which
include but are not limited to materials such as limestone, clay,
shale, sand, iron ore, mill scale, cement kiln dust and flyash, that
are fed to a cement or lightweight aggregate kiln. Raw material feed
does not include the fuels used in the kiln to produce heat to form the
clinker product.
    Research, development, and demonstration source means a source
engaged in laboratory, pilot plant, or prototype demonstration
operations:
    (1) Whose primary purpose is to conduct research, development, or
short-term demonstration of an innovative and experimental hazardous
waste treatment technology or process; and
    (2) Where the operations are under the close supervision of
technically-trained personnel.
    Rolling average means the average of all one-minute averages over
the averaging period.
    Run means the net period of time during which an air emission
sample is collected under a given set of operating conditions. Three or
more runs constitutes a test. Unless otherwise specified, a run may be
either intermittent or continuous.
    Run average means the average of the one-minute average parameter
values for a run.
    TEQ means toxicity equivalence, the international method of
relating the toxicity of various dioxin/furan congeners to the toxicity
of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

[[Page 53040]]

    You means the owner or operator of a hazardous waste combustor.
    (b) The acronyms used in this subpart refer to the following:
    AWFCO means automatic waste feed cutoff.
    CAS means chemical abstract services registry.
    CEMS means continuous emissions monitoring system.
    CMS means continuous monitoring system.
    DRE means destruction and removal efficiency.
    MACT means maximum achievable control technology.
    MTEC means maximum theoretical emissions concentration.
    NIC means notification of intent to comply.

Sec. 63.1202  [Reserved]

Emissions Standards and Operating Limits

Sec. 63.1203  What are the standards for hazardous waste incinerators?

    (a) Emission limits for existing sources You must not discharge or
cause combustion gasses to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial particulate matter control device is 400 deg.F or lower based
on the average of the test run average temperatures; \1\
---------------------------------------------------------------------------

    \1\ For purposes of compliance, operation of a wet particulate
control device is presumed to meet the 400 deg.F or lower
requirement.
---------------------------------------------------------------------------

    (2) Mercury in excess of 130 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 240 ``g/dscm, combined emissions,
corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 ``g/dscm,
combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen, and hydrocarbons in excess of 10 parts per million by
volume over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7); or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 77 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
    (b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
    (1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to
7 percent oxygen;
    (2) Mercury in excess of 45 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 24 g/dscm, combined
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 g/
dscm, combined emissions, corrected to 7 percent oxygen;
    (5) For carbon monoxide and hydrocarbons, either:
    (i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen, and hydrocarbons in excess of 10 parts per million by
volume over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7); or
    (ii) Hydrocarbons in excess of 10 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 21 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 34 mg/dscm corrected to 7
percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard. (1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.015

Where:

Win=mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout=mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere
    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
FO20, FO21, FO22, FO23, FO26, or FO27 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE)
of 99.9999% for each principle organic hazardous constituent (POHC)
that you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetro-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to incinerate hazardous wastes FO20, FO21,
FO22, FO23, FO26, or FO27.
    (3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs from the list of hazardous
air pollutants established by 42 U.S.C. 7412(b)(1), excluding
caprolactam (CAS number 105602) as provided by Sec. 63.60, for each
waste to be burned. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the waste and
on their concentration or mass in the waste feed, considering the
results of waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.

[[Page 53041]]

    (e) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. You are subject to the air emission
standards of subparts BB and CC, part 264, of this chapter.

Sec. 63.1204  What are the standards for hazardous waste burning cement
kilns?

    (a) Emission limits for existing sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400 deg.F or lower
based on the average of the test run average temperatures;
    (2) Mercury in excess of 120 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 240 g/dscm, combined
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 56 g/
dscm, combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, either:
    (A) Carbon monoxide in the by-pass duct or midkiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen, and
hydrocarbons in the by-pass duct in excess of 10 parts per million by
volume over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7); or
    (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane;
    (ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, either:
    (A) Hydrocarbons in the main stack in excess of 20 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis,
corrected to 7 percent oxygen, and reported as propane; or
    (B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis
and corrected to 7 percent oxygen, and hydrocarbons in the main stack
in excess of 20 parts per million by volume over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane, at any time during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7).
    (6) Hydrochloric acid and chlorine gas in excess of 130 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis, corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw
material feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.016

where:

E = emission rate of particulate matter, kg/Mg of kiln raw material
feed;
Cs = concentration of particulate matter, kg/dscm;
Qsd = volumetric flowrate of effluent gas, dscm/hr;
P = total kiln raw material feed (dry basis), Mg/hr.

    (iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the following
equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.017

where:

Ec = the combined emission rate of particulate matter from
the kiln and bypass stack, kg/Mg of kiln raw material feed;
Csk = concentration of particulate matter in the kiln
effluent, kg/dscm;
Qsdk = volumetric flowrate of kiln effluent gas, dscm/hr;
Csb = concentration of particulate matter in the bypass
stack effluent, kg/dscm;
Qsdb = volumetric flowrate of bypass stack effluent gas,
dscm/hr;
P = total kiln raw material feed (dry basis), Mg/hr.

    (b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the inlet to the
initial dry particulate matter control device is 400  deg.F or lower
based on the average of the test run average temperatures;
    (2) Mercury in excess of 56 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 180 g/dscm, combined
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 54 g/
dscm, combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) For kilns equipped with a
by-pass duct or midkiln gas sampling system, carbon monoxide and
hydrocarbons emissions are limited in both the bypass duct or midkiln
gas sampling system and the main stack as follows:
    (A) Emissions in the by-pass or midkiln gas sampling system are
limited to either:
    (1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen, and hydrocarbons in excess of 10 parts per million by
volume over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7); or
    (2) Hydrocarbons in the by-pass duct or midkiln gas sampling system
in excess of 10 parts per million by volume, over an hourly rolling
average (monitored continuously with a continuous emissions monitoring
system), dry basis, corrected to 7 percent oxygen, and reported as
propane; and
    (B) Hydrocarbons in the main stack are limited, if construction of
the kiln

[[Page 53042]]

commenced after April 19, 1996 at a plant site where a cement kiln
(whether burning hazardous waste or not) did not previously exist, to
50 parts per million by volume, over a 30-day block average (monitored
continuously with a continuous monitoring system), dry basis, corrected
to 7 percent oxygen, and reported as propane.
    (ii) For kilns not equipped with a by-pass duct or midkiln gas
sampling system, hydrocarbons and carbon monoxide are limited in the
main stack to either:
    (A) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
emissions monitoring system), dry basis, corrected to 7 percent oxygen,
and reported as propane; or
    (B) (1) Carbon monoxide not exceeding 100 part per million by
volume, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen; and
    (2) Hydrocarbons not exceeding 20 parts per million by volume, over
an hourly rolling average (monitored continuously with a continuous
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane at any time during the destruction and removal
efficiency (DRE) test runs or their equivalent as provided by
Sec. 63.1206(b)(7); and
    (3) If construction of the kiln commenced after April 19, 1996 at a
plant site where a cement kiln (whether burning hazardous waste or not)
did not previously exist, hydrocarbons are limited to 50 parts per
million by volume, over a 30-day block average (monitored continuously
with a continuous monitoring system), dry basis, corrected to 7 percent
oxygen, and reported as propane.
    (6) Hydrochloric acid and chlorine gas in excess of 86 parts per
million, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity
greater than 20 percent.
    (i) You must use suitable methods to determine the kiln raw
material feedrate.
    (ii) Except as provided in paragraph (a)(7)(iii) of this section,
you must compute the particulate matter emission rate, E, from the
equation specified in paragraph (a)(7)(ii) of this section.
    (iii) If you operate a preheater or preheater/precalciner kiln with
dual stacks, you must test simultaneously and compute the combined
particulate matter emission rate, Ec, from the equation specified in
paragraph (a)(7)(iii) of this section.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principle organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.018

Where:

Win=mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout=mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
FO20, FO21, FO22, FO23, FO26, or FO27 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE)
of 99.9999% for each principle organic hazardous constituent (POHC)
that you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetro-, penta-, and hexachlorodibenzo-p-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to burn hazardous wastes FO20, FO21, FO22,
FO23, FO26, or FO27.
    (3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs from the list of hazardous
air pollutants established by 42 U.S.C. 7412(b)(1), excluding
caprolactam (CAS number 105602) as provided by Sec. 63.60, for each
waste to be burned. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the waste and
on their concentration or mass in the waste feed, considering the
results of waste analyses or other data and information.
    (d) Cement kilns with in-line kiln raw mills--(1) General. (i) You
must conduct performance testing when the raw mill is on-line and when
the mill is off-line to demonstrate compliance with the emission
standards, and you must establish separate operating parameter limits
under Sec. 63.1209 for each mode of operation, except as provided by
paragraph (d)(1)(iv) of this section.
    (ii) You must document in the operating record each time you change
from one mode of operation to the alternate mode and begin complying
with the operating parameter limits for that alternate mode of
operation.
    (iii) You must establish rolling averages for the operating
parameter limits anew (i.e., without considering previous recordings)
when you begin complying with the operating limits for the alternate
mode of operation.
    (iv) If your in-line kiln raw mill has dual stacks, you may assume
that the dioxin/furan emission levels in the by-pass stack and the
operating parameter limits determined during performance testing of the
by-pass stack when the raw mill is off-line are the same as when the
mill is on-line.
    (2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards on a time-weighted average basis under the
following procedures:
    (i) Averaging methodology. You must calculate the time-weighted
average emission concentration with the following equation:
Where:

Ctotal=time-weighted average concentration of a regulated
constituent considering both raw mill on time and off time.
Cmill-off=average performance test concentration of
regulated constituent with the raw mill off-line.
Cmill-on=average performance test concentration of regulated
constituent with the raw mill on-line.
Tmill-off=time when kiln gases are not routed through the
raw mill
Tmill-on=time when kiln gases are routed through the raw
mill
[GRAPHIC] [TIFF OMITTED] TR30SE99.019

[[Page 53043]]

    (ii) Compliance. (A) If you use this emission averaging provision,
you must document in the operating record compliance with the emission
standards on an annual basis by using the equation provided by
paragraph (d)(2) of this section.
    (B) Compliance is based on one-year block averages beginning on the
day you submit the initial notification of compliance.
    (iii) Notification. (A) If you elect to document compliance with
one or more emission standards using this emission averaging provision,
you must notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e).
    (B) You must include historical raw mill operation data in the
performance test plan to estimate future raw mill down-time and
document in the performance test plan that estimated emissions and
estimated raw mill down-time will not result in an exceedance of an
emission standard on an annual basis.
    (C) You must document in the notification of compliance submitted
under Sec. 63.1207(j) that an emission standard will not be exceeded
based on the documented emissions from the performance test and
predicted raw mill down-time.
    (e) Preheater or preheater/precalciner kilns with dual stacks.--(1)
General. You must conduct performance testing on each stack to
demonstrate compliance with the emission standards, and you must
establish operating parameter limits under Sec. 63.1209 for each stack,
except as provided by paragraph (d)(1)(iv) of this section for dioxin/
furan emissions testing and operating parameter limits for the by-pass
stack of in-line raw mills.
    (2) Emissions averaging. You may comply with the mercury,
semivolatile metal, low volatile metal, and hydrochloric acid/chlorine
gas emission standards specified in this section on a gas flowrate-
weighted average basis under the following procedures:
    (i) Averaging methodology. You must calculate the gas flowrate-
weighted average emission concentration using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.020

Where

Ctot=gas flowrate-weighted average concentration of the
regulated constituent
Cmain=average performance test concentration demonstrated in
the main stack
Cbypass=average performance test concentration demonstrated
in the bypass stack
Qmain=volumetric flowrate of main stack effluent gas
Qbypass=volumetric flowrate of bypass effluent gas

    (ii) Compliance. (A) You must demonstrate compliance with the
emission standard(s) using the emission concentrations determined from
the performance tests and the equation provided by paragraph (e)(1) of
this section; and
    (B) You must develop operating parameter limits for bypass stack
and main stack flowrates that ensure the emission concentrations
calculated with the equation in paragraph (e)(1) of this section do not
exceed the emission standards on a 12-hour rolling average basis. You
must include these flowrate limits in the Notification of Compliance.
    (iii) Notification. If you elect to document compliance under this
emissions averaging provision, you must:
    (A) Notify the Administrator in the initial comprehensive
performance test plan submitted under Sec. 63.1207(e). The performance
test plan must include, at a minimum, information describing the
flowrate limits established under paragraph (e)(2)(ii)(B) of this
section; and
    (B) Document in the Notification of Compliance submitted under
Sec. 63.1207(j) the demonstrated gas flowrate-weighted average
emissions that you calculate with the equation provided by paragraph
(e)(2) of this section.
    (f) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
    (g) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. You are subject to the air emission
standards of subparts BB and CC, part 264, of this chapter.
    (h) When you comply with the particulate matter requirements of
paragraphs (a)(7) or (b)(7) of this section, you are exempt from the
New Source Performance Standard for particulate matter and opacity
under Sec. 60.60 of this chapter.

Sec. 63.1205  What are the standards for hazardous waste burning
lightweight aggregate kilns?

    (a)  Emission limits for existing sources. You must not discharge
or cause combustion gases to be emitted into the atmosphere that
contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the combustion gas temperature at the exit of the
(last) combustion chamber (or exit of any waste heat recovery system)
is rapidly quenched to 400 deg.F or lower based on the average of the
test run average temperatures;
    (2) Mercury in excess of 47 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 250 g/dscm, combined
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 110 g/
dscm, combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen, and hydrocarbons in excess
of 20 parts per million by volume over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane, at
any time during the destruction and removal efficiency (DRE) test runs
or their equivalent as provided by Sec. 63.1206(b)(7); or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 230 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry

[[Page 53044]]

basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
    (b) Emission limits for new sources. You must not discharge or
cause combustion gases to be emitted into the atmosphere that contain:
    (1) For dioxins and furans:
    (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent
oxygen; or
    (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent
oxygen provided that the temperature at the exit of the (last)
combustion chamber (or exit of any waste heat recovery system) is
rapidly quenched to 400 deg.F or lower based on the average of the test
run average temperatures;
    (2) Mercury in excess of 33 g/dscm corrected to 7 percent
oxygen;
    (3) Lead and cadmium in excess of 43 g/dscm, combined
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 110 g/
dscm, combined emissions, corrected to 7 percent oxygen;
    (5) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen, and hydrocarbons in excess of 20 parts per million by
volume over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane, at any time during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7); or
    (ii) Hydrocarbons in excess of 20 parts per million by volume, over
an hourly rolling average, dry basis, corrected to 7 percent oxygen,
and reported as propane;
    (6) Hydrochloric acid and chlorine gas in excess of 41 parts per
million by volume, combined emissions, expressed as hydrochloric acid
equivalents, dry basis and corrected to 7 percent oxygen; and
    (7) Particulate matter in excess of 57 mg/dscm corrected to 7
percent oxygen.
    (c) Destruction and removal efficiency (DRE) standard--(1) 99.99%
DRE. Except as provided in paragraph (c)(2) of this section, you must
achieve a destruction and removal efficiency (DRE) of 99.99% for each
principal organic hazardous constituent (POHC) designated under
paragraph (c)(3) of this section. You must calculate DRE for each POHC
from the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.021

Where:

Win=mass feedrate of one principal organic hazardous
constituent (POHC) in a waste feedstream; and
Wout=mass emission rate of the same POHC present in exhaust
emissions prior to release to the atmosphere

    (2) 99.9999% DRE. If you burn the dioxin-listed hazardous wastes
FO20, FO21, FO22, FO23, FO26, or FO27 (see Sec. 261.31 of this
chapter), you must achieve a destruction and removal efficiency (DRE)
of 99.9999% for each principal organic hazardous constituent (POHC)
that you designate under paragraph (c)(3) of this section. You must
demonstrate this DRE performance on POHCs that are more difficult to
incinerate than tetro-, penta-, and hexachlorodibenzo-dioxins and
dibenzofurans. You must use the equation in paragraph (c)(1) of this
section calculate DRE for each POHC. In addition, you must notify the
Administrator of your intent to burn hazardous wastes FO20, FO21, FO22,
FO23, FO26, or FO27.
    (3) Principal organic hazardous constituents (POHCs). (i) You must
treat the Principal Organic Hazardous Constituents (POHCs) in the waste
feed that you specify under paragraph (c)(3)(ii) of this section to the
extent required by paragraphs (c)(1) and (c)(2) of this section.
    (ii) You must specify one or more POHCs from the list of hazardous
air pollutants established by 42 U.S.C. 7412(b)(1), excluding
caprolactam (CAS number 105602) as provided by Sec. 63.60, for each
waste to be burned. You must base this specification on the degree of
difficulty of incineration of the organic constituents in the waste and
on their concentration or mass in the waste feed, considering the
results of waste analyses or other data and information.
    (d) Significant figures. The emission limits provided by paragraphs
(a) and (b) of this section are presented with two significant figures.
Although you must perform intermediate calculations using at least
three significant figures, you may round the resultant emission levels
to two significant figures to document compliance.
    (e) Air emission standards for equipment leaks, tanks, surface
impoundments, and containers. You are subject to the air emission
standards of subparts BB and CC, part 264, of this chapter.

Monitoring and Compliance Provisions

Sec. 63.1206  When and how must you comply with the standards and
operating requirements?

    (a) Compliance dates-- (1) Compliance date for existing sources.
You must comply with the standards of this subpart no later than
September 30, 2002 unless the Administrator grants you an extension of
time under Sec. 63.6(i) or Sec. 63.1213, or you comply with the
requirements of paragraph (a)(2) of this section for sources that do
not intend to comply with the emission standards.
    (2) Sources that do not intend to comply. Except for those sources
meeting the requirements of Sec. 63.1210(b)(1)(iv), sources:
    (i) That signify in their Notification of Intent to Comply (NIC) an
intent not to comply with the requirements of this subpart, must stop
burning hazardous waste on or before October 1, 2001.
    (ii) That do not intend to comply with this subpart must include in
their NIC a schedule that includes key dates for the steps to be taken
to stop burning hazardous waste. Key dates include the date for
submittal of RCRA closure documents required under subpart G, part 264,
of this chapter.
    (3) New or reconstructed sources. (i) If you commenced construction
or reconstruction of your hazardous waste combustor after April 19,
1996, you must comply with this subpart by the later of September 30,
1999 or the date the source starts operations, except as provided by
paragraph (a)(3)(ii) of this section.
    (ii) For a standard in this subpart that is more stringent than the
standard proposed on April 19, 1996, you may achieve compliance no
later than September 30, 2002 if you comply with the standard proposed
on April 19, 1996 after September 30, 1999. This exception does not
apply, however, to new or reconstructed area source hazardous waste
combustors that become major sources after September 30, 1999. As
provided by Sec. 63.6(b)(7), such sources must comply with this subpart
at startup.
    (b) Compliance with standards--(1) Applicability. The emission
standards

[[Page 53045]]

and operating requirements set forth in this subpart apply at all times
except:
    (i) During startup, shutdown, and malfunction, provided that
hazardous waste is not in the combustion chamber (i.e., the hazardous
waste feed to the combustor has been cutoff for a period of time not
less than the hazardous waste residence time) during those periods of
operation, as provided by paragraph (c)(2)(ii) of this section; and
    (ii) When hazardous waste is not in the combustion chamber (i.e.,
the hazardous waste feed to the combustor has been cutoff for a period
of time not less than the hazardous waste residence time), and you
have:
    (A) Submitted a written, one-time notice to the Administrator
documenting compliance with all applicable requirements and standards
promulgated under authority of the Clean Air Act, including sections
112 and 129; and
    (B) Documented in the operating record that you are complying with
such applicable requirements in lieu of the emission standards and
operating requirements of this subpart.
    (2) Methods for determining compliance. The Administrator will
determine compliance with the emission standards of this subpart as
provided by Sec. 63.6(f)(2). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirements of
Secs. 63.6(f)(2)(iii)(B) and 63.7(e)(1) to conduct performance testing
under representative operating conditions.
    (3) Finding of compliance. The Administrator will make a finding
concerning compliance with the emission standards and other
requirements of this subpart as provided by Sec. 63.6(f)(3).
    (4) Extension of compliance with emission standards. The
Administrator may grant an extension of compliance with the emission
standards of this subpart as provided by Secs. 63.6(i) and 63.1213.
    (5) Changes in design, operation, or maintenance--(i) Changes that
may adversely affect compliance. If you plan to change (as defined in
paragraph (b)(6)(iii) of this section) the design, operation, or
maintenance practices of the source in a manner that may adversely
affect compliance with any emission standard that is not monitored with
a CEMS:
    (A) Notification. You must notify the Administrator at least 60
days prior to the change, unless you document circumstances that
dictate that such prior notice is not reasonably feasible. The
notification must include:
    (1) A description of the changes and which emission standards may
be affected; and
    (2) A comprehensive performance test schedule and test plan under
the requirements of Sec. 63.1207(f) that will document compliance with
the affected emission standard(s);
    (B) Performance test. You must conduct a comprehensive performance
test under the requirements of Secs. 63.1207(f)(1) and (g)(1) to
document compliance with the affected emission standard(s) and
establish operating parameter limits as required under Sec. 63.1209,
and submit to the Administrator a Notification of Compliance under
Secs. 63.1207(j) and 63.1210(d); and
    (C) Restriction on waste burning. (1) Except as provided by
paragraph (b)(5)(i)(C)(2) of this section, after the change and prior
to submitting the notification of compliance, you must not burn
hazardous waste for more than a total of 720 hours and only for
purposes of pretesting or comprehensive performance testing.
    (2) You may petition the Administrator to obtain written approval
to burn hazardous waste in the interim prior to submitting a
Notification of Compliance for purposes other than testing or
pretesting. You must specify operating requirements, including limits
on operating parameters, that you determine will ensure compliance with
the emission standards of this subpart based on available information.
The Administrator will review, modify as necessary, and approve if
warranted the interim operating requirements.
    (ii) Changes that will not affect compliance. If you determine that
a change will not adversely affect compliance with the emission
standards or operating requirements, you must document the change in
the operating record upon making such change. You must revise as
necessary the performance test plan, Documentation of Compliance,
Notification of Compliance, and start-up, shutdown, and malfunction
plan to reflect these changes.
    (iii) Definition of ``change''. For purposes of paragraph (b)(6) of
this section, ``change'' means any change in design, operation, or
maintenance practices that were documented in the comprehensive
performance test plan, Notification of Compliance, or startup,
shutdown, and malfunction plan.
    (6) Compliance with the carbon monoxide and hydrocarbon emission
standards. This paragraph applies to sources that elect to comply with
the carbon monoxide and hydrocarbon emissions standards under
Secs. 63.1203 through 63.1205 by documenting continuous compliance with
the carbon monoxide standard using a continuous emissions monitoring
system and documenting compliance with the hydrocarbon standard during
the destruction and removal efficiency (DRE) performance test or its
equivalent.
    (i) If a DRE test performed after March 30, 1998 is acceptable as
documentation of compliance with the DRE standard, you may use the
highest hourly rolling average hydrocarbon level achieved during those
DRE test runs to document compliance with the hydrocarbon standard. An
acceptable DRE test is a test that was used to support successful
issuance or reissuance of an operating permit under part 270 of this
chapter.
    (ii) If during this acceptable DRE test you did not obtain
hydrocarbon emissions data sufficient to document compliance with the
hydrocarbon standard, you must either:
    (A) Perform, as part of the performance test, an ``equivalent DRE
test'' to document compliance with the hydrocarbon standard. An
equivalent DRE test is comprised of a minimum of three runs each with a
minimum duration of one hour during which you operate the combustor as
close as reasonably possible to the operating parameter limits that you
established based on the initial DRE test. You must use the highest
hourly rolling average hydrocarbon emission level achieved during the
equivalent DRE test to document compliance with the hydrocarbon
standard; or (B) Perform a DRE test as part of the performance test.
    (7) Compliance with the DRE standard. (i) Except as provided in
paragraphs (b)(7)(ii) and (b)(7)(iii) of this section:
    (A) You must document compliance with the Destruction and Removal
Efficiency (DRE) standard under Secs. 63.1203 through 63.1205 only once
provided that you do not modify the source after the DRE test in a
manner that could affect the ability of the source to achieve the DRE
standard; and
    (B) You may use DRE testing performed after March 30, 1998 for
purposes of issuance or reissuance of a RCRA permit under part 270 of
this chapter to document conformance with the DRE standard if you have
not modified the design or operation of the source since the DRE test
in a manner that could affect the ability of the source to achieve the
DRE standard.
    (ii) For sources that feed hazardous waste at a location in the
combustion system other than the normal flame zone:

[[Page 53046]]

    (A) You must demonstrate compliance with the DRE standard during
each comprehensive performance test; and
    (B) You may use DRE testing performed after March 30, 1998 for
purposes of issuance or reissuance of a RCRA permit under part 270 of
this chapter to document conformance with the DRE standard in lieu of
DRE testing during the initial comprehensive performance test if you
have not modified the design or operation of the source since the DRE
test in a manner that could affect the ability of the source to achieve
the DRE standard.
    (iii) For sources that do not use DRE testing performed prior to
the compliance date to document conformance with the DRE standard, you
must perform DRE testing during the initial comprehensive performance
test.
    (8) Applicability of particulate matter and opacity standards
during particulate matter CEMS correlation tests. (i) Any particulate
matter and opacity standards of parts 60, 61, 63, 264, 265, and 266 of
this chapter (i.e., any title 40 particulate or opacity standards)
applicable to a hazardous waste combustor do not apply while you
conduct particulate matter continuous emissions monitoring system
(CEMS) correlation tests (i.e., correlation with manual stack methods)
under the conditions of paragraphs (b)(8)(iii) through (vii) of this
section.
    (ii) Any permit or other emissions or operating parameter limits or
conditions, including any limitation on workplace practices, that are
applicable to hazardous waste combustors to ensure compliance with any
particulate matter and opacity standards of parts 60, 61, 63, 264, 265,
and 266 of this chapter (i.e., any title 40 particulate or opacity
standards) do not apply while you conduct particulate matter CEMS
correlation tests under the conditions of paragraphs (b)(8)(iii)
through (vii) of this section.
    (iii) For the provisions of this section to apply, you must:
    (A) Develop a particulate matter CEMS correlation test plan that
includes the following information. This test plan may be included as
part of the comprehensive performance test plan required under
Secs. 63.1207(e) and (f):
    (1) Number of test conditions and number of runs for each test
condition;
    (2) Target particulate matter emission level for each test
condition;
    (3) How you plan to modify operations to attain the desired
particulate matter emission levels; and
    (4) Anticipated normal particulate matter emission levels; and
    (B) Submit the test plan to the Administrator for approval at least
90 calendar days before the correlation test is scheduled to be
conducted.
    (iv) The Administrator will review and approve/disapprove the
correlation test plan under the procedures for review and approval of
the site-specific test plan provided by Sec. 63.7(c)(3)(i) and (iii).
If the Administrator fails to approve or disapprove the correlation
test plan within the time period specified by Sec. 63.7(c)(3)(i), the
plan is considered approved, unless the Administrator has requested
additional information.
    (v) The particulate matter and opacity standards and associated
operating limits and conditions will not be waived for more than 96
hours, in the aggregate, for a correlation test, including all runs of
all test conditions.
    (vi) The stack sampling team must be on-site and prepared to
perform correlation testing no later than 24 hours after you modify
operations to attain the desired particulate matter emissions
concentrations, unless you document in the correlation test plan that a
longer period of conditioning is appropriate.
    (vii) You must return to operating conditions indicative of
compliance with the applicable particulate matter and opacity standards
as soon as possible after correlation testing is completed.
    (9) Alternative standards for existing or new hazardous waste
burning lightweight aggregate kilns using MACT. (i) You may petition
the Administrator to recommend alternative semivolatile metal, low
volatile metal, mercury, or hydrochloric acid/chlorine gas emission
standards if:
    (A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of the raw
material contribution to emissions of the regulated metals or
hydrochloric acid/chlorine gas; or
    (B) You determine that mercury is not present at detectable levels
in your raw material.
    (ii) The alternative standard that you recommend under paragraph
(b)(9)(i)(A) of this section may be an operating requirement, such as a
hazardous waste feedrate limitation for metals and/or chlorine, and/or
an emission limitation.
    (iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this
section.
    (iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(9)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions of the regulated metals or hydrochloric acid/chlorine gas
prevent you from complying with the emission standard even though the
source is using MACT, as defined in paragraphs (b)(9)(viii) and (ix) of
this section, for the standard for which you are seeking relief.
    (B) Alternative standard petitions that you submit under paragraph
(b)(9)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
    (v) You must include data or information with semivolatile metal
and low volatility metal alternative standard petitions that you submit
under paragraph (b)(9)(i)(A) of this section documenting that increased
chlorine feedrates associated with the burning of hazardous waste, when
compared to non-hazardous waste operations, do not significantly
increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metal,
low volatile metal, and hydrochloric acid/chlorine gas alternative
standard petitions that you submit under paragraph (b)(9)(i)(A) of this
section documenting that semivolatile metal, low volatile metal, and
hydrochloric acid/chlorine gas emissions attributable to the hazardous
waste only will not exceed the emission standards in Sec. 63.1205(a)
and (b).
    (vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in Sec. 63.1205(a)
and (b):
    (A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
    (B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT
for existing hazardous waste burning lightweight aggregate kilns is
defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an
MTEC of 24g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 120,000 g/dscm or less, and use of
a particulate matter control

[[Page 53047]]

device that achieves particulate matter emissions of 57 mg/dscm or
less; and
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 2,000,000 g/dscm or less,
and use of an air pollution control device with a hydrochloric acid/
chlorine gas removal efficiency of 85 percent or greater.
    (ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning lightweight aggregate kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an
MTEC of 4 g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 280,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
    (C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 46,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 57 mg/dscm or less;
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 14,000,000 g/dscm or
less, and use of a wet scrubber with a hydrochloric acid/chlorine gas
removal efficiency of 99.6 percent or greater.
    (10) Alternative standards for existing or new hazardous waste
burning cement kilns using MACT. (i) You may petition the Administrator
to recommend alternative semivolatile, low volatile metal, mercury,
and/or hydrochloric acid/chlorine gas emission standards if:
    (A) You cannot achieve one or more of these standards while using
maximum achievable control technology (MACT) because of raw material
contributions to emissions of the regulated metals or hydrochloric
acid/chlorine gas; or (B) You determine that mercury is not present at
detectable levels in your raw material.
    (ii) The alternative standard that you recommend under paragraph
(b)(10)(i)(A) of this section may be an operating requirement, such as
a hazardous waste feedrate limitation for metals and/or chlorine, and/
or an emission limitation.
    (iii) The alternative standard must include a requirement to use
MACT, or better, applicable to the standard for which the source is
seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this
section.
    (iv) Documentation required. (A) The alternative standard petition
you submit under paragraph (b)(10)(i)(A) of this section must include
data or information documenting that raw material contributions to
emissions prevent you from complying with the emission standard even
though the source is using MACT, as defined in paragraphs (b)(10)(viii)
and (ix) of this section, for the standard for which you are seeking
relief.
    (B) Alternative standard petitions that you submit under paragraph
(b)(10)(i)(B) of this section must include data or information
documenting that mercury is not present at detectable levels in raw
materials.
    (v) You must include data or information with semivolatile metal
and low volatile metal alternative standard petitions that you submit
under paragraph (b)(10)(i)(A) of this section documenting that
increased chlorine feedrates associated with the burning of hazardous
waste, when compared to non-hazardous waste operations, do not
significantly increase metal emissions attributable to raw materials.
    (vi) You must include data or information with semivolatile metal,
low volatile metal, and hydrochloric acid/chlorine gas alternative
standard petitions that you submit under paragraph (b)(10)(i)(A) of
this section documenting that emissions of the regulated metals and
hydrochloric acid/chlorine gas attributable to the hazardous waste only
will not exceed the emission standards in Sec. 63.1204(a) and (b).
    (vii) You must not operate pursuant to your recommended alternative
standards in lieu of emission standards specified in Sec. 63.1204(a)
and (b):
    (A) Unless the Administrator approves the provisions of the
alternative standard petition request or establishes other alternative
standards; and
    (B) Until you submit a revised Notification of Compliance that
incorporates the revised standards.
    (viii) For purposes of this alternative standard provision, MACT
for existing hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an
MTEC of 88g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 54,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less; and
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 720,000 g/dscm or less.
    (ix) For purposes of this alternative standard provision, MACT for
new hazardous waste burning cement kilns is defined as:
    (A) For mercury, a hazardous waste feedrate corresponding to an
MTEC of 7 g/dscm or less;
    (B) For semivolatile metals, a hazardous waste feedrate
corresponding to an MTEC of 31,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
    (C) For low volatile metals, a hazardous waste feedrate
corresponding to an MTEC of 15,000 g/dscm or less, and use of
a particulate matter control device that achieves particulate matter
emissions of 0.15 kg/Mg dry feed or less;
    (D) For hydrochloric acid/chlorine gas, a hazardous waste chlorine
feedrate corresponding to an MTEC of 420,000 g/dscm or less.
    (11) Calculation of hazardous waste residence time. You must
calculate the hazardous waste residence time and include the
calculation in the performance test plan under Sec. 63.1207(f) and the
operating record. You must also provide the hazardous waste residence
time in the Documentation of Compliance under Sec. 63.1211(d) and the
Notification of Compliance under Secs. 63.1207(j) and 63.1210(d).
    (12) Documenting compliance with the standards based on performance
testing. (i) You must conduct a minimum of three runs of a performance
test required under Sec. 63.1207 to document compliance with the
emission standards of this subpart.
    (ii) You must document compliance with the emission standards based
on the arithmetic average of the emission results of each run, except
that you must document compliance with the destruction and removal
efficiency standard for each run of the comprehensive performance test
individually.
    (13) Cement kilns and lightweight aggregate kilns that feed
hazardous waste at a location other than the end where products are
normally discharged and where fuels are normally fired. (i) Cement
kilns that feed hazardous waste at a location other than the end where
products are normally discharged and where fuels are normally fired
must comply with the hydrocarbon standards of Sec. 63.1204 as follows:
    (A) Existing sources must comply with the 20 parts per million by
volume hydrocarbon standard in the main stack under
Sec. 63.1204(a)(5)(ii)(A);

[[Page 53048]]

    (B) New sources must comply with the 20 parts per million by volume
hydrocarbon standard in the main stack under Sec. 63.1204(b)(5)(ii)(A).
    (ii) Lightweight aggregate kilns that feed hazardous waste at a
location other than the end where products are normally discharged and
where fuels are normally fired must comply with the hydrocarbon
standards of Sec. 63.1205 as follows:
    (A) Existing sources must comply with the 20 parts per million by
volume hydrocarbon standard under Sec. 63.1205(a)(5)(ii);
    (B) New sources must comply with the 20 parts per million by volume
hydrocarbon standard under Sec. 63.1205(b)(5)(ii).
    (14) Alternative particulate matter standard for incinerators with
de minimis metals. (i) General. You may petition the Administrator for
an alternative particulate matter standard of 68 mg/dscm, corrected to
7% oxygen, if you meet the de minimis metals criteria of paragraph
(b)(14)(ii) of this section.
    (ii) Documentation required. The alternative standard petition you
submit under paragraph (b)(14)(i) of this section must include data or
information documenting that:
    (A) Your feedstreams do not contain detectable levels of antimony,
cobalt, manganese, nickel, selenium, lead, cadmium, chromium, arsenic
and beryllium;
    (B) Your combined uncontrolled lead, cadmium and selenium
emissions, when assuming these metals are present in your feedstreams
at one-half the detection limit, are below 240 ug/dscm, corrected to 7%
oxygen.
    (C) Your combined uncontrolled antimony, cobalt, manganese, nickel,
chromium, arsenic and beryllium emissions, when assuming these metals
are present in your feedstreams at one-half the detection limit, are
below 97 ug/dscm, corrected to 7% oxygen.
    (iii) Frequency of analysis. You must sample and analyze your
feedstreams at least annually to document that you meet the de minimis
criteria in paragraph (b)(14)(ii) of this section.
    (iv) You must not operate pursuant to this alternative standard
unless the Administrator determines and provides written confirmation
that you meet the eligibility requirements in paragraph (b)(14)(ii) of
this section.
    (c) Operating requirements.--(1) General. (i) You must operate only
under the operating requirements specified in the Documentation of
Compliance under Sec. 63.1211(d) or the Notification of Compliance
under Secs. 63.1207(j) and 63.1210(d), except:
    (A) During performance tests under approved test plans according to
Sec. 63.1207(e), (f), and (g), and
    (B) Under the conditions of paragraph (b)(1)(i) or (ii) of this
section;
    (ii) The Documentation of Compliance and the Notification of
Compliance must contain operating requirements including, but not
limited to, the operating requirements in this section and Sec. 63.1209
    (iii) Failure to comply with the operating requirements is failure
to ensure compliance with the emission standards of this subpart;
    (iv) Operating requirements in the Notification of Compliance are
applicable requirements for purposes of parts 70 and 71 of this
chapter;
    (v) The operating requirements specified in the Notification of
Compliance will be incorporated in the title V permit.
    (2) Startup, shutdown, and malfunction plan. (i) Except as provided
by paragraph (c)(2)(ii) of this section, you are subject to the
startup, shutdown, and malfunction plan requirements of
Sec. 63.6(e)(3).
    (ii) Even if you follow the startup and shutdown procedures and the
corrective measures upon a malfunction that are prescribed in the
startup, shutdown, and malfunction plan, the emission standards and
operating requirements of this subpart apply if hazardous waste is in
the combustion chamber (i.e., if you are feeding hazardous waste or if
startup, shutdown, or a malfunction occurs before the hazardous waste
residence time has transpired after hazardous waste cutoff).
    (iii) You must identify in the plan a projected oxygen correction
factor based on normal operations to use during periods of startup and
shutdown.
    (iv) You must record the plan in the operating record.
    (3) Automatic waste feed cutoff (AWFCO).-- (i) General. Upon the
compliance date, you must operate the hazardous waste combustor with a
functioning system that immediately and automatically cuts off the
hazardous waste feed, except as provided by paragraph (c)(3)(viii) of
this section:
    (A) When any of the following are exceeded: Operating parameter
limits specified under Sec. 63.1209; an emission standard monitored by
a CEMS; and the allowable combustion chamber pressure;
    (B) When the span value of any CMS detector, except a CEMS, is met
or exceeded;
    (C) Upon malfunction of a CMS monitoring an operating parameter
limit specified under Sec. 63.1209 or an emission level; or
    (D) When any component of the automatic waste feed cutoff system
fails.
    (ii) Ducting of combustion gases. During an AWFCO, you must
continue to duct combustion gasses to the air pollution control system
while hazardous waste remains in the combustion chamber (i.e., if the
hazardous waste residence time has not transpired since the hazardous
waste feed cutoff system was activated).
    (iii) Restarting waste feed. You must continue to monitor during
the cutoff the operating parameters for which limits are established
under Sec. 63.1209 and the emissions required under that section to be
monitored by a CEMS, and you must not restart the hazardous waste feed
until the operating parameters and emission levels are within the
specified limits.
    (iv) Failure of the AWFCO system. If the AWFCO system fails to
automatically and immediately cutoff the flow of hazardous waste upon
exceedance of parameter required to be interlocked with the AWFCO
system under paragraph (c)(3)(i) of this section, you have failed to
comply with the AWFCO requirements of paragraph (c)(3) of this section.
    (v) Corrective measures. If, after any AWFCO, there is an
exceedance of an emission standard or operating requirement,
irrespective of whether the exceedance occurred while hazardous waste
remained in the combustion chamber (i.e., whether the hazardous waste
residence time has transpired since the hazardous waste feed cutoff
system was activated), you must investigate the cause of the AWFCO,
take appropriate corrective measures to minimize future AWFCOs, and
record the findings and corrective measures in the operating record.
    (vi) Excessive exceedance reporting. (A) For each set of 10
exceedances of an emission standard or operating requirement while
hazardous waste remains in the combustion chamber (i.e., when the
hazardous waste residence time has not transpired since the hazardous
waste feed was cutoff) during a 60-day block period, you must submit to
the Administrator a written report within 5 calendar days of the 10th
exceedance documenting the exceedances and results of the investigation
and corrective measures taken.
    (B) On a case-by-case basis, the Administrator may require
excessive exceedance reporting when fewer than 10 exceedances occur
during a 60-day block period.
    (vii) Testing. The AWFCO system and associated alarms must be
tested at least weekly to verify operability, unless you

[[Page 53049]]

document in the operating record that weekly inspections will unduly
restrict or upset operations and that less frequent inspection will be
adequate. At a minimum, you must conduct operability testing at least
monthly. You must document and record in the operating record AWFCO
operability test procedures and results.
    (viii) Ramping down waste feed. (A) You may ramp down the waste
feedrate of pumpable hazardous waste over a period not to exceed one
minute, except as provided by paragraph (c)(3)(viii)(B) of this
section. If you elect to ramp down the waste feed, you must document
ramp down procedures in the operating and maintenance plan. The
procedures must specify that the ramp down begins immediately upon
initiation of automatic waste feed cutoff and the procedures must
prescribe a bona fide ramping down. If an emission standard or
operating limit is exceeded during the ramp down, you have failed to
comply with the emission standards or operating requirements of this
subpart.
    (B) If the automatic waste feed cutoff is triggered by an
exceedance of any of the following operating limits, you may not ramp
down the waste feed cutoff: Minimum combustion chamber temperature,
maximum hazardous waste feedrate, or any hazardous waste firing system
operating limits that may be established for your combustor.
    (4) ESV openings.--(i) Failure to meet standards. If an emergency
safety vent (ESV) opens when hazardous waste remains in the combustion
chamber (i.e., when the hazardous waste residence time has not
transpired since the hazardous waste feed cutoff system was activated)
such that combustion gases are not treated as during the most recent
comprehensive performance test (e.g., if the combustion gas by-passes
any emission control device that was operating during the performance
test), it is evidence of your failure to comply with the emission
standards of this subpart.
    (ii) ESV operating plan. (A) You must develop an ESV operating
plan, comply with the operating plan, and keep the plan in the
operating record.
    (B) The ESV operating plan must provide detailed procedures for
rapidly stopping the waste feed, shutting down the combustor, and
maintaining temperature and negative pressure in the combustion chamber
during the hazardous waste residence time, if feasible. The plan must
include calculations and information and data documenting the
effectiveness of the plan's procedures for ensuring that combustion
chamber temperature and negative pressure are maintained as is
reasonably feasible.
    (iii) Corrective measures. After any ESV opening that results in a
failure to meet the emission standards as defined in paragraph
(c)(4)(i) of this section, you must investigate the cause of the ESV
opening, take appropriate corrective measures to minimize such future
ESV openings, and record the findings and corrective measures in the
operating record.
    (iv) Reporting requirement. You must submit to the Administrator a
written report within 5 days of an ESV opening that results in failure
to meet the emission standards of this subpart (as defined in paragraph
(c)(4)(i) of this section) documenting the result of the investigation
and corrective measures taken.
    (5) Combustion system leaks. (i) Combustion system leaks of
hazardous air pollutants must be controlled by:
    (A) Keeping the combustion zone sealed to prevent combustion system
leaks; or
    (B) Maintaining the maximum combustion zone pressure lower than
ambient pressure using an instantaneous monitor; or
    (C) Upon prior written approval of the Administrator, an
alternative means of control to provide control of combustion system
leaks equivalent to maintenance of combustion zone pressure lower than
ambient pressure; and
    (ii) You must specify in the operating record the method used for
control of combustion system leaks.
    (6) Operator training and certification. (i) You must establish a
training and certification program for each person who has
responsibilities affecting operations that may affect emissions of
hazardous air pollutants from the source. Such persons include, but are
not limited to, chief facility operators, control room operators,
continuous monitoring system operators, persons that sample and analyze
feedstreams, persons that manage and charge feedstreams to the
combustor, persons that operate emission control devices, ash and waste
handlers, and maintenance personnel.
    (ii) You must ensure that the source is operated and maintained at
all times by persons who are trained and certified to perform these and
any other duties that may affect emissions of hazardous air pollutants.
    (iii) For hazardous waste incinerators, the training and
certification program must conform to a state-approved training and
certification program or, if there is no such state program, to the
American Society of Mechanical Engineers Standard Number QHO-1-1994.
    (iv) For hazardous waste burning cement and lightweight aggregate
kilns, the training and certification program must be approved by the
state or the Administrator, and must be complete and reliable and
conform to principles of good operator and operating practices
(including training and certification).
    (v) You must record the operator training and certification program
in the operating record.
    (7) Operation and maintenance plan.--(i) General. (A) You must
prepare and at all times operate according to an operation and
maintenance plan that describes in detail procedures for operation,
inspection, maintenance, and corrective measures for all components of
the combustor, including associated pollution control equipment, that
could affect emissions of regulated hazardous air pollutants.
    (B) The plan must prescribe how you will operate and maintain the
combustor in a manner consistent with good air pollution control
practices for minimizing emissions at least to the levels achieved
during the comprehensive performance test.
    (C) This plan ensures compliance with the operation and maintenance
requirements of Sec. 63.6(e) and minimizes emissions of pollutants,
automatic waste feed cutoffs, and malfunctions.
    (D) You must record the plan in the operating record.
    (ii) Requirements for baghouses at lightweight aggregate kilns and
incinerators. If you own or operate a hazardous waste incinerator or
hazardous waste burning lightweight aggregate kiln equipped with a
baghouse (fabric filter), you must prepare and at all times operate
according to an operations and maintenance plan that describes in
detail procedures for inspection, maintenance, and bag leak detection
and corrective measures for each baghouse used to comply with the
standards under this subpart.
    (A) The operation and maintenance plan for baghouses must be
submitted to the Administrator with the initial comprehensive
performance test plan for review and approval.
    (B) The procedures specified in the operations and maintenance plan
for inspections and routine maintenance of a baghouse must, at a
minimum, include the following requirements:
    (1) Daily visual observation of baghouse discharge or stack;
    (2) Daily confirmation that dust is being removed from hoppers
through visual inspection, or equivalent means

[[Page 53050]]

of ensuring the proper functioning of removal mechanisms;
    (3) Daily check of compressed air supply for pulse-jet baghouses;
    (4) Daily visual inspection of isolation dampers for proper
operation;
    (5) An appropriate methodology for monitoring cleaning cycles to
ensure proper operation;
    (6) Weekly check of bag cleaning mechanisms for proper functioning
through visual inspection or equivalent means;
    (7) Weekly check of bag tension on reverse air and shaker-type
baghouses. Such checks are not required for shaker-type baghouses using
self-tensioning (spring loaded) devices;
    (8) Monthly confirmation of the physical integrity of the baghouse
through visual inspection of the baghouse interior for air leaks;
    (9) Monthly inspection of bags and bag connections;
    (10) Quarterly inspection of fans for wear, material buildup, and
corrosion through visual inspection, vibration detectors, or equivalent
means; and
    (11) Continuous operation of a bag leak detection system as a
continuous monitor.
    (C) The procedures for maintenance specified in the operation and
maintenance plan must, at a minimum, include a preventative maintenance
schedule that is consistent with the baghouse manufacturer's
instructions for routine and long-term maintenance.
    (D) The bag leak detection system required by paragraph
(c)(7)(ii)(B)(11) of this section must meet the following
specifications and requirements:
    (1) The bag leak detection system must be certified by the
manufacturer to be capable of continuously detecting and recording
particulate matter emissions at concentrations of 1.0 milligram per
actual cubic meter or less;
    (2) The bag leak detection system sensor must provide output of
relative particulate matter loadings;
    (3) The bag leak detection system must be equipped with an alarm
system that will sound an audible alarm when an increase in relative
particulate loadings is detected over a preset level;
    (4) The bag leak detection system shall be installed and operated
in a manner consistent with available written guidance from the U.S.
Environmental Protection Agency or, in the absence of such written
guidance, the manufacturer's written specifications and recommendations
for installation, operation, and adjustment of the system;
    (5) The initial adjustment of the system shall, at a minimum,
consist of establishing the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, and
establishing the alarm set points and the alarm delay time;
    (6) Following initial adjustment, you must not adjust the
sensitivity or range, averaging period, alarm set points, or alarm
delay time, except as detailed in the operation and maintenance plan
required under paragraph (c)(7)(ii)(A) of this section. You must not
increase the sensitivity by more than 100 percent or decrease the
sensitivity by more than 50 percent over a 365 day period unless such
adjustment follows a complete baghouse inspection which demonstrates
the baghouse is in good operating condition;
    (7) For negative pressure or induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag leak detector must be installed downstream of the
baghouse and upstream of any wet acid gas scrubber; and
    (8) Where multiple detectors are required, the system's
instrumentation and alarm system may be shared among the detectors.
    (E) The operation and maintenance plan required by paragraph
(c)(7)(ii) of this section must include a corrective measures plan that
specifies the procedures you will follow in the case of a bag leak
detection system alarm. The corrective measures plan must include, at a
minimum, the procedures used to determine and record the time and cause
of the alarm as well as the corrective measures taken to correct the
control device malfunction or minimize emissions as specified below.
Failure to initiate the corrective measures required by this paragraph
is failure to ensure compliance with the emission standards in this
subpart.
    (1) You must initiate the procedures used to determine the cause of
the alarm within 30 minutes of the time the alarm first sounds; and
    (2) You must alleviate the cause of the alarm by taking the
necessary corrective measure(s) which may include, but are not to be
limited to, the following measures:
    (i) Inspecting the baghouse for air leaks, torn or broken filter
elements, or any other malfunction that may cause an increase in
emissions;
    (ii) Sealing off defective bags or filter media;
    (iii) Replacing defective bags or filter media, or otherwise
repairing the control device;
    (iv) Sealing off a defective baghouse compartment;
    (v) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system; or
    (vi) Shutting down the combustor.

Sec. 63.1207  What are the performance testing requirements?

    (a) General. The provisions of Sec. 63.7 apply, except as noted
below.
    (b) Types of performance tests--(1) Comprehensive performance test.
You must conduct comprehensive performance tests to demonstrate
compliance with the emission standards provided by Secs. 63.1203,
63.1204, and 63.1205, establish limits for the operating parameters
provided by Sec. 63.1209, and demonstrate compliance with the
performance specifications for continuous monitoring systems.
    (2) Confirmatory performance test. You must conduct confirmatory
performance tests to:
    (i) Demonstrate compliance with the dioxin/furan emission standard
when the source operates under normal operating conditions; and
    (ii) Conduct a performance evaluation of continuous monitoring
systems required for compliance assurance with the dioxin/furan
emission standard under Sec. 63.1209(k).
    (c) Initial comprehensive performance test--(1) Test date. Except
as provided by paragraph (c)(2) of this section, you must commence the
initial comprehensive performance test not later than six months after
the compliance date.
    (2) Data in lieu of the initial comprehensive performance test. (i)
You may request that previous emissions test data serve as
documentation of conformance with the emission standards of this
subpart provided that the previous testing was:
    (A) Initiated after March 30, 1998;
    (B) For the purpose of demonstrating emissions under a RCRA permit
issuance or reissuance proceeding under part 270 of this chapter;
    (C) In conformance with the requirements of paragraph (g)(1) of
this section; and
    (D) Sufficient to establish the applicable operating parameter
limits under Sec. 63.1209.
    (ii) You must submit data in lieu of the initial comprehensive
performance test in lieu of (i.e., if the data are in lieu of all
performance testing) or with the notification of performance test
required under paragraph (e) of this section.
    (d) Frequency of testing. You must conduct testing periodically as
prescribed in paragraphs (d)(1) through (3) of this section. The date
of commencement of the initial comprehensive performance test is the
basis for establishing the deadline to commence the initial
confirmatory performance test and the next

[[Page 53051]]

comprehensive performance test. You may conduct performance testing at
any time prior to the required date. The deadline for commencing
subsequent confirmatory and comprehensive performance testing is based
on the date of commencement of the previous comprehensive performance
test. Unless the Administrator grants a time extension under paragraph
(i) of this section, you must conduct testing as follows:
    (1) Comprehensive performance testing. You must commence testing no
later than 61 months after the date of commencing the previous
comprehensive performance test. If you submit data in lieu of the
initial performance test, you must commence the subsequent
comprehensive performance test within 61 months of the date six months
after the compliance date.
    (2) Confirmatory performance testing. You must commence
confirmatory performance testing no later than 31 months after the date
of commencing the previous comprehensive performance test. If you
submit data in lieu of the initial performance test, you must commence
the initial confirmatory performance test within 31 months of the date
six months after the compliance date. To ensure that the confirmatory
test is conducted approximately midway between comprehensive
performance tests, the Administrator will not approve a test plan that
schedules testing within 18 months of commencing the previous
comprehensive performance test.
    (3) Duration of testing. You must complete performance testing
within 60 days after the date of commencement, unless the Administrator
determines that a time extension is warranted based on your
documentation in writing of factors beyond your control that prevent
you from meeting the 60-day deadline.
    (e) Notification of performance test and CMS performance
evaluation, and approval of test plan and CMS performance evaluation
plan. (1) The provisions of Sec. 63.7(b) and (c) and Sec. 63.8(e)
apply, except:
    (i) Comprehensive performance test. You must submit to the
Administrator a notification of your intention to conduct a
comprehensive performance test and CMS performance evaluation and a
site-specific test plan and CMS performance evaluation plan at least
one year before the performance test and performance evaluation are
scheduled to begin.
    (A) The Administrator will notify you of approval or intent to deny
approval of the test plan and CMS performance evaluation plan within 9
months after receipt of the original plan.
    (B) You must submit to the Administrator a notification of your
intention to conduct the comprehensive performance test at least 60
calendar days before the test is scheduled to begin.
    (ii) Confirmatory performance test. You must submit to the
Administrator a notification of your intention to conduct a
confirmatory performance test and CMS performance evaluation and a test
plan and CMS performance evaluation plan at least 60 calendar days
before the performance test is scheduled to begin. The Administrator
will notify you of approval or intent to deny approval of the test and
CMS performance evaluation plans within 30 calendar days after receipt
of the original plans.
    (2) After the Administrator has approved the test and CMS
performance evaluation plans, you must make the plans available to the
public for review. You must issue a public notice announcing the
approval of the plans and the location where the plans are available
for review.
    (f) Content of performance test plan. The provisions of
Secs. 63.7(c)(2)(i)-(iii) and (v) regarding the content of the test
plan apply. In addition, you must include the following information in
the test plan:
    (1) Content of comprehensive performance test plan. (i) An analysis
of each feedstream, including hazardous waste, other fuels, and
industrial furnace feedstocks, as fired, that includes:
    (A) Heating value, levels of ash (for hazardous waste incinerators
only), levels of semivolatile metals, low volatile metals, mercury, and
total chlorine (organic and inorganic); and
    (B) Viscosity or description of the physical form of the
feedstream;
    (ii) For organic hazardous air pollutants established by 42 U.S.C.
7412(b)(1), excluding caprolactam (CAS number 105602) as provided by
Sec. 63.60:
    (A) An identification of such organic hazardous air pollutants that
are present in the feedstream, except that you need not analyze for
organic hazardous air pollutants that would reasonably not be expected
to be found in the feedstream. You must identify any constituents you
exclude from analysis and explain the basis for excluding them. You
must conduct the feedstream analysis according to Sec. 63.1208(g);
    (B) An approximate quantification of such identified organic
hazardous air pollutants in the feedstreams, within the precision
produced by the analytical procedures of Sec. 63.1208(g); and
    (C) A description of blending procedures, if applicable, prior to
firing the feedstream, including a detailed analysis of the materials
prior to blending, and blending ratios;
    (iii) A detailed engineering description of the hazardous waste
combustor, including:
    (A) Manufacturer's name and model number of the hazardous waste
combustor;
    (B) Type of hazardous waste combustor;
    (C) Maximum design capacity in appropriate units;
    (D) Description of the feed system for each feedstream;
    (E) Capacity of each feed system;
    (F) Description of automatic hazardous waste feed cutoff system(s);
    (G) Description of the design, operation, and maintenance practices
for any air pollution control system; and
    (H) Description of the design, operation, and maintenance practices
of any stack gas monitoring and pollution control monitoring systems;
    (iv) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the
equipment to be used, sampling and monitoring frequency, and planned
analytical procedures for sample analysis;
    (v) A detailed test schedule for each hazardous waste for which the
performance test is planned, including date(s), duration, quantity of
hazardous waste to be burned, and other relevant factors;
    (vi) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed
system, and, as appropriate, the feedrates of other fuels and
feedstocks, and any other relevant parameters that may affect the
ability of the hazardous waste combustor to meet the emission
standards;
    (vii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
    (viii) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction;
    (ix) A determination of the hazardous waste residence time;
    (x) If you are requesting to extrapolate metal feedrate limits from
comprehensive performance test levels:
    (A) A description of the extrapolation methodology and rationale
for how the approach ensures compliance with the emission standards;
    (B) Documentation of the historical range of normal (i.e., other
than during compliance testing) metals feedrates for each feedstream;
    (C) Documentation that the level of spiking recommended during the

[[Page 53052]]

performance test will mask sampling and analysis imprecision and
inaccuracy to the extent that extrapolation of feedrates and emission
rates from performance test data will be as accurate and precise as if
full spiking were used;
    (xi) If you do not continuously monitor regulated constituents in
natural gas, process air feedstreams, and feedstreams from vapor
recovery systems, you must include documentation of the expected levels
of regulated constituents in those feedstreams;
    (xii) Documentation justifying the duration of system conditioning
required to ensure the combustor has achieved steady-state operations
under performance test operating conditions, as provided by paragraph
(g)(1)(iii) of this section; and
    (xiii) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the performance test plan.
    (2) Content of confirmatory test plan. (i) A description of your
normal hydrocarbon or carbon monoxide operating levels, as specified in
paragraph (g)(2)(i) of this section, and an explanation of how these
normal levels were determined;
    (ii) A description of your normal applicable operating parameter
levels, as specified in paragraph (g)(2)(ii) of this section, and an
explanation of how these normal levels were determined;
    (iii) A description of your normal chlorine operating levels, as
specified in paragraph (g)(2)(iii) of this section, and an explanation
of how these normal levels were determined;
    (iv) If you use carbon injection or a carbon bed, a description of
your normal cleaning cycle of the particulate matter control device, as
specified in paragraph (g)(2)(iv) of this section, and an explanation
of how these normal levels were determined;
    (v) A detailed description of sampling and monitoring procedures
including sampling and monitoring locations in the system, the
equipment to be used, sampling and monitoring frequency, and planned
analytical procedures for sample analysis;
    (vi) A detailed test schedule for each hazardous waste for which
the performance test is planned, including date(s), duration, quantity
of hazardous waste to be burned, and other relevant factors;
    (vii) A detailed test protocol, including, for each hazardous waste
identified, the ranges of hazardous waste feedrate for each feed
system, and, as appropriate, the feedrates of other fuels and
feedstocks, and any other relevant parameters that may affect the
ability of the hazardous waste combustor to meet the dioxin/furan
emission standard;
    (viii) A description of, and planned operating conditions for, any
emission control equipment that will be used;
    (ix) Procedures for rapidly stopping the hazardous waste feed and
controlling emissions in the event of an equipment malfunction; and
    (x) Such other information as the Administrator reasonably finds
necessary to determine whether to approve the confirmatory test plan.
    (g) Operating conditions during testing. You must comply with the
provisions of Sec. 63.7(e). Conducting performance testing under
operating conditions representative of the extreme range of normal
conditions is consistent with the requirement of Sec. 63.7(e)(1) to
conduct performance testing under representative operating conditions.
    (1) Comprehensive performance testing.--(i) Operations during
testing. For the following parameters, you must operate the combustor
during the performance test under normal conditions (or conditions that
will result in higher than normal emissions):
    (A) Chlorine feedrate. You must feed normal (or higher) levels of
chlorine during the dioxin/furan performance test;
    (B) Ash feedrate. For hazardous waste incinerators, you must
conduct the following tests when feeding normal (or higher) levels of
ash: The semivolatile metal and low volatile metal performance tests;
and the dioxin/furan and mercury performance tests if activated carbon
injection or a carbon bed is used; and
    (C) Cleaning cycle of the particulate matter control device. You
must conduct the following tests when the particulate matter control
device undergoes its normal (or more frequent) cleaning cycle: The
particulate matter, semivolatile metal, and low volatile metal
performance tests; and the dioxin/furan and mercury performance tests
if activated carbon injection or a carbon bed is used.
    (ii) Modes of operation. Given that you must establish limits for
the applicable operating parameters specified in Sec. 63.1209 based on
operations during the comprehensive performance test, you may conduct
testing under two or more operating modes to provide operating
flexibility.
    (iii) Steady-state conditions. (A) Prior to obtaining performance
test data, you must operate under performance test conditions until you
reach steady-state operations with respect to emissions of pollutants
you must measure during the performance test and operating parameters
under Sec. 63.1209 for which you must establish limits. During system
conditioning, you must ensure that each operating parameter for which
you must establish a limit is held at the level planned for the
performance test. You must include documentation in the performance
test plan under paragraph (f) of this section justifying the duration
of system conditioning.
    (B) If you own or operate a hazardous waste cement kiln that
recycles collected particulate matter (i.e., cement kiln dust) into the
kiln, you must sample and analyze the recycled particulate matter prior
to obtaining performance test data for levels of selected metals that
must be measured during performance testing to document that the system
has reached steady-state conditions (i.e., that metals levels have
stabilized). You must document the rationale for selecting metals that
are indicative of system equilibrium and include the information in the
performance test plan under paragraph (f) of this section. To determine
system equilibrium, you must sample and analyze the recycled
particulate matter hourly for each selected metal, unless you submit in
the performance test plan a justification for reduced sampling and
analysis and the Administrator approves in writing a reduced sampling
and analysis frequency.
    (2) Confirmatory performance testing. You must conduct confirmatory
performance testing for dioxin/furan under normal operating conditions
for the following parameters:
    (i) Carbon monoxide (or hydrocarbon) CEMS emission levels must be
within the range of the average value to the maximum value allowed. The
average value is defined as the sum of the hourly rolling average
values recorded (each minute) over the previous 12 months divided by
the number of rolling averages recorded during that time;
    (ii) Each operating limit (specified in Sec. 63.1209) established
to maintain compliance with the dioxin/furan emission standard must be
held within the range of the average value over the previous 12 months
and the maximum or minimum, as appropriate, that is allowed. The
average value is defined as the sum of the rolling average values
recorded over the previous 12 months divided by the number of rolling
averages recorded during that time. The average value must not include
calibration data, malfunction data, and data obtained when not burning
hazardous waste;
    (iii) You must feed chlorine at normal feedrates or greater; and
(iv) If the

[[Page 53053]]

combustor is equipped with carbon injection or carbon bed, normal
cleaning cycle of the particulate matter control device.
    (h) Operating conditions during subsequent testing. (1) Current
operating parameter limits established under Sec. 63.1209 are waived
during subsequent comprehensive performance testing under an approved
test plan.
    (2) Current operating parameter limits are also waived during
pretesting prescribed in the approved test plan prior to comprehensive
performance testing for an aggregate time not to exceed 720 hours of
operation. Pretesting means:
    (i) Operations when stack emissions testing for dioxin/furan,
mercury, semivolatile metals, low volatile metals, particulate matter,
or hydrochloric acid/chlorine gas is being performed; and
    (ii) Operations to reach steady-state operating conditions prior to
stack emissions testing under paragraph (g)(1)(iii) of this section.
    (i) Time extension for subsequent performance tests. After the
initial comprehensive performance test, you may request up to a one-
year time extension for conducting a comprehensive or confirmatory
performance test to consolidate performance testing with other state or
federally required emission testing, or for other reasons deemed
acceptable by the Administrator. If the Administrator grants a time
extension for a comprehensive performance test, the deadlines for
commencing the next comprehensive and confirmatory tests are based on
the date that the subject comprehensive performance test commences.
    (1) You must submit in writing to the Administrator any request
under this paragraph for a time extension for conducting a performance
test.
    (2) You must include in the request for an extension for conducting
a performance test the following:
    (i) A description of the reasons for requesting the time extension;
    (ii) The date by which you will commence performance testing.
    (3) The Administrator will notify you in writing of approval or
intention to deny approval of your request for an extension for
conducting a performance test within 30 calendar days after receipt of
sufficient information to evaluate your request. The 30-day approval or
denial period will begin after you have been notified in writing that
your application is complete. The Administrator will notify you in
writing whether the application contains sufficient information to make
a determination within 30 calendar days after receipt of the original
application and within 30 calendar days after receipt of any
supplementary information that you submit.
    (4) When notifying you that your application is not complete, the
Administrator will specify the information needed to complete the
application. The Administrator will also provide notice of opportunity
for you to present, in writing, within 30 calendar days after
notification of the incomplete application, additional information or
arguments to the Administrator to enable further action on the
application.
    (5) Before denying any request for an extension for performance
testing, the Administrator will notify you in writing of the
Administrator's intention to issue the denial, together with:
    (i) Notice of the information and findings on which the intended
denial is based; and
    (ii) Notice of opportunity for you to present in writing, within 15
calendar days after notification of the intended denial, additional
information or arguments to the Administrator before further action on
the request.
    (6) The Administrator's final determination to deny any request for
an extension will be in writing and will set forth specific grounds
upon which the denial is based. The final determination will be made
within 30 calendar days after the presentation of additional
information or argument (if the application is complete), or within 30
calendar days after the final date specified for the presentation if no
presentation is made.
    (j) Notification of compliance.--(1) Comprehensive performance
test. (i) Except as provided by paragraph (j)(4) of this section,
within 90 days of completion of a comprehensive performance test, you
must postmark a Notification of Compliance documenting compliance or
noncompliance with the emission standards and continuous monitoring
system requirements, and identifying operating parameter limits under
Sec. 3.1209.
    (ii) Upon postmark of the Notification of Compliance, you must
comply with all operating requirements specified in the Notification of
Compliance in lieu of the limits specified in the Documentation of
Compliance required under Sec. 63.1211(d).
    (2) Confirmatory performance test. Except as provided by paragraph
(j)(4) of this section, within 90 days of completion of a confirmatory
performance test, you must postmark a Notification of Compliance
documenting compliance or noncompliance with the applicable dioxin/
furan emission standard.
    (3) See Secs. 63.7(g), 63.9(h), and 63.1210(d) for additional
requirements pertaining to the Notification of Compliance (e.g., you
must include results of performance tests in the Notification of
Compliance).
    (4) Time extension. You may submit a written request to the
Administrator for a time extension documenting that, for reasons beyond
your control, you may not be able to meet the 90-day deadline for
submitting the Notification of Compliance after completion of testing.
The Administrator will determine whether a time extension is warranted.
    (k) Failure to submit a timely notification of compliance. (1) If
you fail to postmark a Notification of Compliance by the specified
date, you must cease hazardous waste burning immediately.
    (2) Prior to submitting a revised Notification of Compliance as
provided by paragraph (k)(3) of this section, you may burn hazardous
waste only for the purpose of pretesting or comprehensive performance
testing and only for a maximum of 720 hours (renewable at the
discretion of the Administrator).
    (3) You must submit to the Administrator a Notification of
Compliance subsequent to a new comprehensive performance test before
resuming hazardous waste burning.
    (l) Failure of performance test.--(1) Comprehensive performance
test. (i) If you determine (based on CEM recordings, results of
analyses of stack samples, or results of CMS performance evaluations)
that you have exceeded any emission standard during a comprehensive
performance test for a mode of operation, you must cease hazardous
waste burning immediately under that mode of operation. You must make
this determination within 90 days following completion of the
performance test.
    (ii) If you have failed to demonstrate compliance with the emission
standards for any mode of operation:
    (A) Prior to submitting a revised Notification of Compliance as
provided by paragraph (l)(1)(ii)(C) of this section, you may burn
hazardous waste only for the purpose of pretesting or comprehensive
performance testing under revised operating conditions, and only for a
maximum of 720 hours (renewable at the discretion of the
Administrator), except as provided by paragraph (l)(3) of this section;
    (B) You must conduct a comprehensive performance test under revised
operating conditions following

[[Page 53054]]

the requirements for performance testing of this section; and
    (C) You must submit to the Administrator a Notification of
Compliance subsequent to the new comprehensive performance test.
    (2) Confirmatory performance test. If you determine (based on CEM
recordings, results of analyses of stack samples, or results of CMS
performance evaluations) that you have failed the dioxin/furan emission
standard during a confirmatory performance test, you must cease burning
hazardous waste immediately. You must make this determination within 90
days following completion of the performance test. To burn hazardous
waste in the future:
    (i) You must submit to the Administrator for review and approval a
test plan to conduct a comprehensive performance test to identify
revised limits on the applicable dioxin/furan operating parameters
specified in Sec. 63.1209(k);
    (ii) You must submit to the Administrator a Notification of
Compliance with the dioxin/furan emission standard under the provisions
of paragraphs (j) and (k) of this section and this paragraph (l). You
must include in the Notification of Compliance the revised limits on
the applicable dioxin/furan operating parameters specified in
Sec. 63.1209(k); and
    (iii) Until the Notification of Compliance is submitted, you must
not burn hazardous waste except for purposes of pretesting or
confirmatory performance testing, and for a maximum of 720 hours
(renewable at the discretion of the Administrator), except as provided
by paragraph (l)(3) of this section.
    (3) You may petition the Administrator to obtain written approval
to burn hazardous waste in the interim prior to submitting a
Notification of Compliance for purposes other than testing or
pretesting. You must specify operating requirements, including limits
on operating parameters, that you determine will ensure compliance with
the emission standards of this subpart based on available information
including data from the failed performance test. The Administrator will
review, modify as necessary, and approve if warranted the interim
operating requirements. An approval of interim operating requirements
will include a schedule for submitting a Notification of Compliance.
    (m) Waiver of performance test. (1) The waiver provision of this
paragraph applies in addition to the provisions of Sec. 63.7(h).
    (2) You are not required to conduct performance tests to document
compliance with the mercury, semivolatile metal, low volatile metal or
hydrochloric acid/chlorine gas emission standards under the conditions
specified below. You are deemed to be in compliance with an emission
standard if the twelve-hour rolling average maximum theoretical
emission concentration (MTEC) determined as specified below does not
exceed the emission standard:
    (i) Determine the feedrate of mercury, semivolatile metals, low
volatile metals, or total chlorine and chloride from all feedstreams;
    (ii) Determine the stack gas flowrate; and
    (iii) Calculate a MTEC for each standard assuming all mercury,
semivolatile metals, low volatile metals, or total chlorine (organic
and inorganic) from all feedstreams is emitted;
    (3) To document compliance with this provision, you must:
    (i) Monitor and record the feedrate of mercury, semivolatile
metals, low volatile metals, and total chlorine and chloride from all
feedstreams according to Sec. 63.1209(c);
    (ii) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
    (iii) Continuously calculate and record in the operating record the
MTEC under the procedures of paragraph (m)(2) of this section; and
    (iv) Interlock the MTEC calculated in paragraph (m)(2)(iii) of this
section to the AWFCO system to stop hazardous waste burning when the
MTEC exceeds the emission standard.
    (4) In lieu of the requirement in paragraphs (m)(3)(iii) and (iv)
of this section, you may:
    (i) Identify in the notification of compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury, semivolatile
metals, low volatile metals, and/or total chlorine and chloride from
all feedstreams that ensures the MTEC as calculated in paragraph
(m)(2)(iii) of this section is below the applicable emission standard;
and
    (ii) Interlock the minimum gas flowrate limit and maximum feedrate
limit in paragraph (m)(3)(iv) of this section to the AWFCO system to
stop hazardous waste burning when the gas flowrate or mercury,
semivolatile metals, low volatile metals, and/or total chlorine and
chloride feedrate exceeds the limit in paragraph (m)(4)(i) of this
section.
    (5) When you determine the feedrate of mercury, semivolatile
metals, low volatile metals, or total chlorine and chloride for
purposes of this provision, except as provided by paragraph (m)(6) of
this section, you must assume that the analyte is present at the full
detection limit when the feedstream analysis determines that the
analyte is not detected in the feedstream.
    (6) Owners and operators of hazardous waste burning cement kilns
and lightweight aggregate kilns may assume that mercury is present in
raw material at half the detection limit when the raw material
feedstream analysis determines that mercury is not detected.
    (7) You must state in the site-specific test plan that you submit
for review and approval under paragraph (e) of this section that you
intend to comply with the provisions of this paragraph. You must
include in the test plan documentation that any surrogate that is
proposed for gas flowrate adequately correlates with the gas flowrate.
    (n) Feedrate limits for nondetectable constituents. (1) You must
establish separate semivolatile metal, low volatile metal, mercury, and
total chlorine (organic and inorganic), and/or ash feedrate limits for
each feedstream for which the comprehensive performance test feedstream
analysis determines that these constituents are not present at
detectable levels.
    (2) You must define the feedrate limits established under paragraph
(n)(1) of this section as nondetect at the full detection limit
achieved during the performance test.
    (3) You will not be deemed to be in violation of the feedrate limit
established in paragraph (n)(2) of this section when detectable levels
of the constituent are measured, whether at levels above or below the
full detection limit achieved during the performance test, provided
that:
    (i) Your total feedrate for that constituent, including the
detectable levels in the feedstream which is limited to nondetect
levels, is below your feedrate limit for that constituent; or
    (ii) Except for ash, your maximum theoretical emission
concentration (MTEC) for the constituent (i.e., semivolatile metal, low
volatile metal, mercury, and/or hydrochloric acid/chlorine gas)
calculated according to paragraph (m) of this section, and considering
the contribution from all feedstreams including the detectable levels
in the feedstream which is limited to nondetect levels, is below the
emission standard in Secs. 63.1203, 63.1204, and 63.1205.

[[Page 53055]]

Sec. 63.1208  What are the test methods?

    (a) References. When required in subpart EEE of this part, the
following publication is incorporated by reference, ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication
SW-846 Third Edition (November 1986), as amended by Updates I (July
1992), II (September 1994), IIA (August 1993), IIB (January 1995), and
III (December 1996). The Third Edition of SW-846 and Updates I, II,
IIA, IIB, and III (document number 955-001-00000-1) are available for
the Superintendent of Document, U.S. Government Printing Office,
Washington, DC 20402, (202) 512-1800. Copies of the Third Edition and
its updates are also available from the National Technical Information
Services (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703)
487-4650. Copies may be inspected at the Library, U.S. Environmental
Protection Agency, 401 M Street, SW, Washington, DC 20460; or at the
Office of the Federal Register, 800 North Capitol Street, NW, Suite
700, Washington, DC.
    (b) Test methods. You must use the following test methods to
determine compliance with the emissions standards of this subpart:
    (1) Dioxins and furans. (i) You must use Method 0023A, Sampling
Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated
Dibenzofurans emissions from Stationary Sources, EPA Publication SW-
846, as incorporated by reference in paragraph (a) of this section, to
determine compliance with the emission standard for dioxins and furans;
    (ii) You must sample for a minimum of three hours, and you must
collect a minimum sample volume of 2.5 dscm;
    (iii) You may assume that nondetects are present at zero
concentration.
    (2) Mercury. You must use Method 29, provided in appendix A, part
60 of this chapter, to demonstrate compliance with emission standard
for mercury.
    (3) Cadmium and lead. You must use Method 29, provided in appendix
A, part 60 of this chapter, to determine compliance with the emission
standard for cadmium and lead (combined).
    (4) Arsenic, beryllium, and chromium. You must use Method 29,
provided in appendix A, part 60 of this chapter, to determine
compliance with the emission standard for arsenic, beryllium, and
chromium (combined).
    (5) Hydrochloric acid and chlorine gas. You may use Methods 26A,
320, or 321 provided in appendix A, part 60 of this chapter, to
determine compliance with the emission standard for hydrochloric acid
and chlorine gas (combined). You may use Methods 320 or 321 to make
major source determinations under Sec. 63.9(b)(2)(v).
    (6) Particulate matter. You must use Methods 5 or 5I, provided in
appendix A, part 60 of this chapter, to demonstrate compliance with the
emission standard for particulate matter.
    (7) Other Test Methods. You may use applicable test methods in EPA
Publication SW-846, as incorporated by reference in paragraph (a) of
this section, as necessary to demonstrate compliance with requirements
of this subpart, except as otherwise specified in paragraphs (b)(2)-
(b)(6) of this section.
    (8) Feedstream analytical methods. You may use any reliable
analytical method to determine feedstream concentrations of metals,
chlorine, and other constituents. It is your responsibility to ensure
that the sampling and analysis procedures are unbiased, precise, and
that the results are representative of the feedstream. For each
feedstream, you must demonstrate that:
    (i) Each analyte is not present above the reported level at the 80%
upper confidence limit around the mean; and
    (ii) The analysis could have detected the presence of the
constituent at or below the reported level at the 80% upper confidence
limit around the mean. (See Guidance for Data Quality Assessment--
Practical Methods for Data Analysis, EPA QA/G-9, January 1998, EPA/600/
R-96/084).
    (9) Opacity. If you determine compliance with the opacity standard
under the monitoring requirements of Secs. 63.1209(a)(1)(iv) and
(a)(1)(v), you must use Method 9, provided in appendix A, part 60 of
this chapter.

Sec. 63.1209  What are the monitoring requirements?

    (a) Continuous emissions monitoring systems (CEMS) and continuous
opacity monitoring systems (COMS). (1)(i) You must use a CEMS to
demonstrate and monitor compliance with the carbon monoxide and
hydrocarbon standards under this subpart. You must also use an oxygen
CEMS to continuously correct the carbon monoxide and hydrocarbon levels
to 7 percent oxygen.
    (ii) For cement kilns, except as provided by paragraphs (a)(1)(iv)
and (a)(1)(v) of this section, you must use a COMS to demonstrate and
monitor compliance with the opacity standard under Secs. 63.1204(a)(7)
and (b)(7) at each point where emissions are vented from these affected
sources including the bypass stack of a preheater or preheater/
precalciner kiln with dual stacks.
    (A) You must maintain and operate each COMS in accordance with the
requirements of Sec. 63.8(c) except for the requirements under
Sec. 63.8(c)(3). The requirements of Sec. 63.1211(d) shall be complied
with instead of Sec. 63.8(c)(3); and
    (B) Compliance is based on six-minute block average.
    (iii) You must install, calibrate, maintain, and operate a
particulate matter CEMS to demonstrate and monitor compliance with the
particulate matter standards under this subpart. However, compliance
with the requirements in their section to install, calibrate, maintain
and operate the PM CEMS is not required until such time that the Agency
promulgates all performance specifications and operational requirements
applicable to PM CEMS.
    (iv) If you operate a cement kiln subject to the provisions of this
subpart and use a fabric filter with multiple stacks or an
electrostatic precipitator with multiple stacks, you may, in lieu of
installing the COMS required by paragraph (a)(1)(ii) of this section,
comply with the opacity standard in accordance with the procedures of
Method 9 to part 60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes
each day;
    (C) You must use the Method 9 procedures to monitor and record the
average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard under Secs. 63.1204(a)(7) and (b)(7).
    (v) If you operate a cement kiln subject to the provisions of this
subpart and use a particulate matter control device that exhausts
through a monovent, or if the use of a COMS in accordance with the
installation specification of Performance Specification 1 (PS-1) of
appendix B to part 60 of this chapter is not feasible, you may, in lieu
of installing the COMS required by paragraph (a)(1)(ii) of this
section, comply with the opacity standard in accordance with the
procedures of Method 9 to part 60 of this chapter:
    (A) You must conduct the Method 9 test while the affected source is
operating at the highest load or capacity level reasonably expected to
occur within the day;
    (B) The duration of the Method 9 test shall be at least 30 minutes
each day;
    (C) You must use the Method 9 procedures to monitor and record the

[[Page 53056]]

average opacity for each six-minute block period during the test; and
    (D) To remain in compliance, all six-minute block averages must not
exceed the opacity standard under Secs. 63.1204(a)(7) and (b)(7).
    (2) Performance specifications. You must install, calibrate,
maintain, and continuously operate the CEMS and COMS in compliance with
the quality assurance procedures provided in the appendix to this
subpart and Performance Specifications 1 (opacity), 4B (carbon monoxide
and oxygen), and 8A (hydrocarbons) in appendix B, part 60 of this
chapter.
    (3) Carbon monoxide readings exceeding the span. (i) Except as
provided by paragraph (a)(3)(ii) of this section, if a carbon monoxide
CEMS detects a response that results in a one-minute average at or
above the 3,000 ppmv span level required by Performance Specification
4B in appendix B, part 60 of this chapter, the one-minute average must
be recorded as 10,000 ppmv. The one-minute 10,000 ppmv value must be
used for calculating the hourly rolling average carbon monoxide level.
    (ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when
one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are
not subject to paragraph (a)(3)(i) of this section. Carbon monoxide
CEMS that use a span value of 10,000 are subject to the same CEMS
performance and equipment specifications when operating in the range of
3,000 ppmv to 10,000 ppmv that are provided by Performance
Specification 4B for other carbon monoxide CEMS, except:
    (A) Calibration drift must be less than 300 ppmv; and
    (B) Calibration error must be less than 500 ppmv.
    (4) Hydrocarbon readings exceeding the span. (i) Except as provided
by paragraph (a)(4)(ii) of this section, if a hydrocarbon CEMS detects
a response that results in a one-minute average at or above the 100
ppmv span level required by Performance Specification 8A in appendix B,
part 60 of this chapter, the one-minute average must be recorded as 500
ppmv. The one-minute 500 ppmv value must be used for calculating the
hourly rolling average HC level.
    (ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-
minute hydrocarbon levels are equal to or exceed 100 ppmv are not
subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that
use a span value of 500 ppmv are subject to the same CEMS performance
and equipment specifications when operating in the range of 100 ppmv to
500 ppmv that are provided by Performance Specification 8A for other
hydrocarbon CEMS, except:
    (A) The zero and high-level calibration gas must have a hydrocarbon
level of between 0 and 100 ppmv, and between 250 and 450 ppmv,
respectively;
    (B) The strip chart recorder, computer, or digital recorder must be
capable of recording all readings within the CEM measurement range and
must have a resolution of 2.5 ppmv;
    (C) The CEMS calibration must not differ by more than
15 ppmv after each 24-hour period of the seven day test at
both zero and high levels;
    (D) The calibration error must be no greater than 25 ppmv; and
    (E) The zero level, mid-level, and high level calibration gas used
to determine calibration error must have a hydrocarbon level of 0-200
ppmv, 150-200 ppmv, and 350-400 ppmv, respectively.
    (5) Petitions to use CEMS for other standards. You may petition the
Administrator to use CEMS for compliance monitoring for particulate
matter, mercury, semivolatile metals, low volatile metals, and
hydrochloric acid/chlorine gas under Sec. 63.8(f) in lieu of compliance
with the corresponding operating parameter limits under this section.
    (6) Calculation of rolling averages.--(i) Calculation of rolling
averages initially. The carbon monoxide and hydrocarbon CEMS must begin
recording one-minute average values by 12:01 am and hourly rolling
average values by 1:01 am, when 60 one-minute values will be available
for calculating the initial hourly rolling average.
    (ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not
available for calculating the hourly rolling average. When one-minute
values become available again, the first one-minute value is added to
the previous 59 values to calculate the hourly rolling average.
    (iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this
section, you must continue to monitoring carbon monoxide and
hydrocarbon when the hazardous waste feed is cutoff if the source is
operating. You must not resume feeding hazardous waste if the emission
levels exceed the standard.
    (B) You are not subject to the CEMS requirements of this subpart
during periods of time you meet the requirements of
Sec. 63.1206(b)(1)(ii) (compliance with emissions standards for
nonhazardous waste burning sources when you are not burning hazardous
waste).
    (7) Operating parameter limits for hydrocarbons. If you elect to
comply with the carbon monoxide and hydrocarbon emission standards by
continuously monitoring carbon monoxide with a CEMS, you must
demonstrate that hydrocarbon emissions during the comprehensive
performance test do not exceed the hydrocarbon emissions standard. In
addition, the limits you establish on the destruction and removal
efficiency (DRE) operating parameters required under paragraph (j) of
this section also ensure that you maintain compliance with the
hydrocarbon emission standard. If you do not conduct the hydrocarbon
demonstration and DRE tests concurrently, you must establish separate
operating parameter limits under paragraph (j) of this section based on
each test and the more restrictive of the operating parameter limits
applies.
    (b) Other continuous monitoring systems (CMS). (1) You must use CMS
(e.g., thermocouples, pressure transducers, flow meters) to document
compliance with the applicable operating parameter limits under this
section.
    (2) Except as specified in paragraphs (b)(2)(i) through (ii) of
this section, you must install and operate non-CMS in conformance with
Sec. 63.8(c)(3) that requires you, at a minimum, to comply with the
manufacturer's written specifications or recommendations for
installation, operation, and calibration of the system:
    (i) Calibration of thermocouples. The calibration of a thermocouple
or other temperature sensor must be verified at least once every three
months; and
    (ii) Accuracy and calibration of weight measurement devices. The
accuracy of weight measurement devices used to monitor flowrate of a
feedstream (e.g., activated carbon feedrate, sorbent feedrate,
nonpumpable waste) must be  1 percent of the weight being
measured. The calibration of the device must be verified at least once
every three months.
    (3) CMS must sample the regulated parameter without interruption,
and evaluate the detector response at least once each 15 seconds, and
compute and record the average values at least every 60 seconds.
    (4) The span of the non-CEMS CMS detector must not be exceeded. You
must interlock the span limits into the automatic waste feed cutoff
system required by Sec. 63.1206(c)(3).
    (5) Calculation of rolling averages.--(i) Calculation of rolling
averages

[[Page 53057]]

initially. Continuous monitoring systems must begin recording one-
minute average values at 12:01 am on the compliance data and begin
recording rolling averages when enough one-minute average values are
available to calculate the required rolling average (e.g., when 60 one-
minute averages are available to calculate an hourly rolling average;
when 720 one-minute averages are available to calculate a 12-hour
rolling average).
    (ii) Calculation of rolling averages upon intermittent operations.
You must ignore periods of time when one-minute values are not
available for calculating rolling averages. When one-minute values
become available again, the first one-minute value is added to the
previous one-minute values to calculate rolling averages.
    (iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (b)(5)(iii)(B) of this
section, you must continue to monitoring operating parameter limits
with a CMS when the hazardous waste feed is cutoff if the source is
operating. You must not resume feeding hazardous waste if an operating
parameter exceeds its limit.
    (B) You are not subject to the CMS requirements of this subpart
during periods of time you meet the requirements of
Sec. 63.1206(b)(1)(ii) (compliance with emissions standards for
nonhazardous waste burning sources when you are not burning hazardous
waste).
    (c) Analysis of feedstreams.--(1) General. Prior to feeding the
material, you must obtain an analysis of each feedstream that is
sufficient to document compliance with the applicable feedrate limits
provided by this section.
    (2) Feedstream analysis plan. You must develop and implement a
feedstream analysis plan and record it in the operating record. The
plan must specify at a minimum:
    (i) The parameters for which you will analyze each feedstream to
ensure compliance with the operating parameter limits of this section;
    (ii) Whether you will obtain the analysis by performing sampling
and analysis or by other methods, such as using analytical information
obtained from others or using other published or documented data or
information;
    (iii) How you will use the analysis to document compliance with
applicable feedrate limits (e.g., if you blend hazardous wastes and
obtain analyses of the wastes prior to blending but not of the blended,
as-fired, waste, the plan must describe how you will determine the
pertinent parameters of the blended waste);
    (iv) The test methods which you will use to obtain the analyses;
    (v) The sampling method which you will use to obtain a
representative sample of each feedstream to be analyzed using sampling
methods described in appendix I, part 26, of this chapter, or an
equivalent method; and
    (vi) The frequency with which you will review or repeat the initial
analysis of the feedstream to ensure that the analysis is accurate and
up to date.
    (3) Review and approval of analysis plan. You must submit the
feedstream analysis plan to the Administrator for review and approval,
if requested.
    (4) Compliance with feedrate limits. To comply with the applicable
feedrate limits of this section, you must monitor and record feedrates
as follows:
    (i) Determine and record the value of the parameter for each
feedstream by sampling and analysis or other method;
    (ii) Determine and record the mass or volume flowrate of each
feedstream by a CMS. If you determine flowrate of a feedstream by
volume, you must determine and record the density of the feedstream by
sampling and analysis (unless you report the constituent concentration
in units of weight per unit volume (e.g., mg/l)); and
    (iii) Calculate and record the mass feedrate of the parameter per
unit time.
    (5) Waiver of monitoring of constituents in certain feedstreams.
You are not required to monitor levels of metals or chlorine in the
following feedstreams to document compliance with the feedrate limits
under this section provided that you document in the comprehensive
performance test plan the expected levels of the constituent in the
feedstream and account for those assumed feedrate levels in documenting
compliance with feedrate limits: natural gas, process air, and
feedstreams from vapor recovery systems.
    (d) Performance evaluations. (1) The requirements of Secs. 63.8(d)
(Quality control program) and (e) (Performance evaluation of continuous
monitoring systems) apply, except that you must conduct performance
evaluations of components of the CMS under the frequency and procedures
(for example, submittal of performance evaluation test plan for review
and approval) applicable to performance tests as provided by
Sec. 63.1207.
    (2) You must comply with the quality assurance procedures for CEMS
prescribed in the appendix to this subpart.
    (e) Conduct of monitoring. The provisions of Sec. 63.8(b) apply.
    (f) Operation and maintenance of continuous monitoring systems. The
provisions of Sec. 63.8(c) apply except:
    (1) Section 63.8(c)(3). The requirements of Sec. 63.1211(d), that
requires CMSs to be installed, calibrated, and operational on the
compliance date, shall be complied with instead of section 63.8(c)(3);
    (2) Section 63.8(c)(4)(ii). The performance specifications for
carbon monoxide, hydrocarbon, and oxygen CEMSs in subpart B, part 60 of
this chapter that requires detectors to measure the sample
concentration at least once every 15 seconds for calculating an average
emission rate once every 60 seconds shall be complied with instead of
section 63.8(c)(4)(ii); and
    (3) Sections 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to
COMS apply only to owners and operators of hazardous waste burning
cement kilns..
    (g) Alternative monitoring requirements other than continuous
emissions monitoring systems (CEMS).--(1) Requests to use alternative
methods. (i) You may submit an application to the Administrator under
this paragraph for approval of alternative monitoring requirements to
document compliance with the emission standards of this subpart. For
requests to use additional CEMS, however, you must use paragraph (a)(5)
of this section and Sec. 63.8(f).
    (A) The Administrator will not approve averaging periods for
operating parameter limits longer than specified in this section unless
you document using data or information that the longer averaging period
will ensure that emissions do not exceed levels achieved during the
comprehensive performance test over any increment of time equivalent to
the time required to conduct three runs of the performance test.
    (B) If the Administrator approves the application to use an
alternative monitoring requirement, you must continue to use that
alternative monitoring requirement until you receive approval under
this paragraph to use another monitoring requirement.
    (ii) You may submit an application to waive an operating parameter
limit specified in this section based on documentation that neither
that operating parameter limit nor an alternative operating parameter
limit is needed to ensure compliance with the emission standards of
this subpart.
    (iii) You must comply with the following procedures for
applications submitted under paragraphs (g)(1)(i) and (ii) of this
section:

[[Page 53058]]

    (A) Timing of the application. You must submit the application to
the Administrator not later than with the comprehensive performance
test plan.
    (B) Content of the application. You must include in the
application:
    (1) Data or information justifying your request for an alternative
monitoring requirement (or for a waiver of an operating parameter
limit), such as the technical or economic infeasibility or the
impracticality of using the required approach;
    (2) A description of the proposed alternative monitoring
requirement, including the operating parameter to be monitored, the
monitoring approach/technique (e.g., type of detector, monitoring
location), the averaging period for the limit, and how the limit is to
be calculated; and
    (3) Data or information documenting that the alternative monitoring
requirement would provide equivalent or better assurance of compliance
with the relevant emission standard, or that it is the monitoring
requirement that best assures compliance with the standard and that is
technically and economically practicable.
    (C) Approval of request to use an alternative monitoring
requirement or waive an operating parameter limit. The Administrator
will notify you of approval or intention to deny approval of the
request within 90 calendar days after receipt of the original request
and within 60 calendar days after receipt of any supplementary
information that you submit. The Administrator will not approve an
alternative monitoring request unless the alternative monitoring
requirement provides equivalent or better assurance of compliance with
the relevant emission standard, or is the monitoring requirement that
best assures compliance with the standard and that is technically and
economically practicable. Before disapproving any request, the
Administrator will notify you of the Administrator's intention to
disapprove the request together with:
    (1) Notice of the information and findings on which the intended
disapproval is based; and
    (2) Notice of opportunity for you to present additional information
to the Administrator before final action on the request. At the time
the Administrator notifies you of intention to disapprove the request,
the Administrator will specify how much time you will have after being
notified of the intended disapproval to submit the additional
information.
    (D) Responsibility of owners and operators. You are responsible for
ensuring that you submit any supplementary and additional information
supporting your application in a timely manner to enable the
Administrator to consider your application during review of the
comprehensive performance test plan. Neither your submittal of an
application, nor the Administrator's failure to approve or disapprove
the application, relieves you of the responsibility to comply with the
provisions of this subpart.
    (2) Administrator's discretion to specify additional or alternative
requirements. The Administrator may determine on a case-by-case basis
at any time (e.g., during review of the comprehensive performance test
plan, during compliance certification review) that you may need to
limit additional or alternative operating parameters (e.g., opacity in
addition to or in lieu of operating parameter limits on the particulate
matter control device) or that alternative approaches to establish
limits on operating parameters may be necessary to document compliance
with the emission standards of this subpart.
    (h) Reduction of monitoring data. The provisions of Sec. 63.8(g)
apply.
    (i) When an operating parameter is applicable to multiple
standards. Paragraphs (j) through (p) of this section require you to
establish limits on operating parameters based on comprehensive
performance testing to ensure you maintain compliance with the emission
standards of this subpart. For several parameters, you must establish a
limit for the parameter to ensure compliance with more than one
emission standard. An example is a limit on minimum combustion chamber
temperature to ensure compliance with both the DRE standard of
paragraph (j) of this section and the dioxin/furan standard of
paragraph (k) of this section. If the performance tests for such
standards are not performed simultaneously, the most stringent limit
for a parameter derived from independent performance tests applies.
    (j) DRE. To remain in compliance with the destruction and removal
efficiency (DRE) standard, you must establish operating limits during
the comprehensive performance test (or during a previous DRE test under
provisions of Sec. 63.1206(b)(7)) for the following parameters, unless
the limits are based on manufacturer specifications, and comply with
those limits at all times that hazardous waste remains in the
combustion chamber (i.e., the hazardous waste residence time has not
transpired since the hazardous waste feed cutoff system was activated):
    (1) Minimum combustion chamber temperature. (i) You must measure
the temperature of each combustion chamber at a location that best
represents, as practicable, the bulk gas temperature in the combustion
zone. You must document the temperature measurement location in the
test plan you submit under Sec. 63.1207(e);
    (ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages;
    (2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
    (ii) You must comply with this limit on a hourly rolling average
basis;
    (3) Maximum hazardous waste feedrate. (i) You must establish limits
on the maximum pumpable and total (i.e., pumpable and nonpumpable)
hazardous waste feedrate for each location where hazardous waste is
fed.
    (ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly
rolling average basis;
    (4) Operation of waste firing system. You must specify operating
parameters and limits to ensure that good operation of each hazardous
waste firing system is maintained.
    (k) Dioxins and furans. You must comply with the dioxin and furans
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
    (1) Gas temperature at the inlet to a dry particulate matter
control device. (i) For hazardous waste burning incinerators and cement
kilns, if the combustor is equipped with an electrostatic precipitator,
baghouse (fabric filter), or other dry emissions control device where
particulate matter is suspended in contact with combustion gas, you
must establish a limit on the maximum temperature of the gas at the
inlet to the device on an hourly rolling average. You must establish
the hourly rolling average limit as the average of the test run
averages.
    (ii) For hazardous waste burning lightweight aggregate kilns, you
must establish a limit on the maximum temperature of the gas at the
exit of the (last) combustion chamber (or exit of

[[Page 53059]]

any waste heat recovery system) on an hourly rolling average. The limit
must be established as the average of the test run averages;
    (2) Minimum combustion chamber temperature. (i) You must measure
the temperature of each combustion chamber at a location that best
represents, as practicable, the bulk gas temperature in the combustion
zone. You must document the temperature measurement location in the
test plan you submit under Secs. 63.1207(e) and (f);
    (ii) You must establish a minimum hourly rolling average limit as
the average of the test run averages.
    (3) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish and comply with a limit on the maximum flue gas flowrate, the
maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
    (ii) You must comply with this limit on a hourly rolling average
basis;
    (4) Maximum waste feedrate. (i) You must establish limits on the
maximum pumpable and total (pumpable and nonpumpable) waste feedrate
for each location where waste is fed.
    (ii) You must establish the limits as the average of the maximum
hourly rolling averages for each run.
    (iii) You must comply with the feedrate limit(s) on a hourly
rolling average basis;
    (5) Particulate matter operating limit. If your combustor is
equipped with an activated carbon injection or a carbon bed system, you
must limit particulate matter emissions to the level achieved during
the comprehensive performance test as prescribed by paragraph (m) of
this section;
    (6) Activated carbon injection parameter limits. If your combustor
is equipped with an activated carbon injection system:
    (i) Carbon feedrate. You must establish a limit on minimum carbon
injection rate on an hourly rolling average calculated as the average
of the test run averages. If your carbon injection system injects
carbon at more than one location, you must establish a carbon feedrate
limit for each location.
    (ii) Carrier fluid. You must establish a limit on minimum carrier
fluid (gas or liquid) flowrate or pressure drop as an hourly rolling
average based on the manufacturer's specifications. You must document
the specifications in the test plan you submit under Secs. 63.1207(e)
and (f);
    (iii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Secs. 63.1207(e) and (f) key parameters that affect
adsorption and establish limits on those parameters based on the carbon
used in the performance test.
    (B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(k)(6)(iii)(A) of this section. You must include in the operating
record documentation that the substitute carbon will provide the same
level of control as the original carbon.
    (7) Carbon bed parameter limits. If your combustor is equipped with
a carbon bed system:
    (i) Maximum bed age. (A) Except as provided by paragraph
(k)(7)(i)(C) of this section, the maximum age of the carbon in each
segment of the bed before you must replace the carbon is the age of the
bed during the comprehensive performance test.
    (B) You must measure carbon age in terms of the cumulative volume
of combustion gas flow through carbon since its addition. For beds with
multiple segments, you must establish the maximum age for each segment.
    (C) For the initial comprehensive performance test, you may base
the initial limit on maximum age of the carbon in each segment of the
bed on manufacturer's specifications. If you use manufacturer's
specifications rather than actual bed age to establish the initial
limit, you must also recommend in the initial comprehensive performance
test plan a schedule for subsequent dioxin/furan emissions testing,
prior to the confirmatory performance test, that you will use to
document to the Administrator that the initial limit on maximum bed age
ensures compliance with the dioxin/furan emission standard. If you fail
to confirm compliance with the emission standard during this testing,
you must conduct additional testing as necessary to document that a
revised lower limit on maximum bed age ensures compliance with the
standard.
    (ii) Carbon specification. (A) You must specify and use the brand
(i.e., manufacturer) and type of carbon used during the comprehensive
performance test until a subsequent comprehensive performance test is
conducted, unless you document in the site-specific performance test
plan required under Secs. 63.1207(e) and (f) key parameters that affect
adsorption and establish limits on those parameters based on the carbon
used in the performance test.
    (B) You may substitute at any time a different brand or type of
carbon provided that the replacement has equivalent or improved
properties compared to the carbon used in the performance test. You
must include in the operating record documentation that the substitute
carbon will provide an equivalent or improved level of control as the
original carbon.
    (iii) Maximum temperature. You must measure the temperature of the
carbon bed at either the bed inlet or exit and you must establish a
maximum temperature limit on an hourly rolling average as the average
of the test run averages.
    (8) Catalytic oxidizer parameter limits. If your combustor is
equipped with a catalytic oxidizer, you must establish limits on the
following parameters:
    (i) Minimum flue gas temperature at the entrance of the catalyst.
You must establish a limit on minimum flue gas temperature at the
entrance of the catalyst on an hourly rolling average as the average of
the test run averages.
    (ii) Maximum time in-use. You must replace a catalytic oxidizer
with a new catalytic oxidizer when it has reached the maximum service
time specified by the manufacturer.
    (iii) Catalyst replacement specifications. When you replace a
catalyst with a new one, the new catalyst must be equivalent to or
better than the one used during the previous comprehensive test, as
measured by:
    (A) Catalytic metal loading for each metal;
    (B) Space time, expressed in the units s-1, the maximum
rated volumetric flow of combustion gas through the catalyst divided by
the volume of the catalyst; and
    (C) Substrate construction, including materials of construction,
washcoat type, and pore density.
    (iv) Maximum flue gas temperature. You must establish a maximum
flue gas temperature limit at the entrance of the catalyst as an hourly
rolling average, based on manufacturer's specifications.
    (9) Inhibitor feedrate parameter limits. If you feed a dioxin/furan
inhibitor into the combustion system, you must establish limits for the
following parameters:
    (i) Minimum inhibitor feedrate. You must establish a limit on
minimum inhibitor feedrate on an hourly rolling

[[Page 53060]]

average as the average of the test run averages.
    (ii) Inhibitor specifications. (A) You must specify and use the
brand (i.e., manufacturer) and type of inhibitor used during the
comprehensive performance test until a subsequent comprehensive
performance test is conducted, unless you document in the site-specific
performance test plan required under Secs. 63.1207(e) and (f) key
parameters that affect the effectiveness of the inhibitor and establish
limits on those parameters based on the inhibitor used in the
performance test.
    (B) You may substitute at any time a different brand or type of
inhibitor provided that the replacement has equivalent or improved
properties compared to the inhibitor used in the performance test and
conforms to the key parameters you identify under paragraph
(k)(9)(ii)(A) of this section. You must include in the operating record
documentation that the substitute inhibitor will provide the same level
of control as the original inhibitor.
    (l) Mercury. You must comply with the mercury emission standard by
establishing and complying with the following operating parameter
limits. You must base the limits on operations during the comprehensive
performance test, unless the limits are based on manufacturer
specifications.
    (1) Feedrate of total mercury. You must establish a 12-hour rolling
average limit for the total feedrate of mercury in all feedstreams as
the average of the hourly rolling averages for each run, unless mercury
feedrate limits are extrapolated from performance test feedrate levels
under the following provisions.
    (i) You may request as part of the performance test plan under
Secs. 63.7(b) and (c) and Secs. 63.1207(e) and (f) to use the mercury
feedrates and associated emission rates during the comprehensive
performance test to extrapolate to higher allowable feedrate limits and
emission rates.
    (ii) The extrapolation methodology will be reviewed and approved,
as warranted, by the Administrator. The review will consider in
particular whether:
    (A) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
    (B) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
    (iii) The Administrator will review the performance test results in
making a finding of compliance required by Secs. 63.6(f)(3) and
63.1206(b)(3) to ensure that you have interpreted emission test results
properly and that the extrapolation procedure is appropriate for your
source.
    (2) Wet scrubber. If your combustor is equipped with a wet
scrubber, you must establish operating parameter limits prescribed by
paragraph (o)(3) of this section.
    (3) Activated carbon injection. If your combustor is equipped with
an activated carbon injection system, you must establish operating
parameter limits prescribed by paragraph (k)(7) of this section.
    (4) Activated carbon bed. If your combustor is equipped with a
carbon bed system, you must establish operating parameter limits
prescribed by paragraph (k)(8) of this section.
    (m) Particulate matter. You must comply with the particulate matter
emission standard by establishing and complying with the following
operating parameter limits. You must base the limits on operations
during the comprehensive performance test, unless the limits are based
on manufacturer specifications.
    (1) Control device operating parameter limits (OPLs). (i) Wet
scrubbers. For sources equipped with wet scrubbers, including ionizing
wet scrubbers, high energy wet scrubbers such as venturi, hydrosonic,
collision, or free jet wet scrubbers, and low energy wet scrubbers such
as spray towers, packed beds, or tray towers, you must establish limits
on the following parameters:
    (A) For high energy scrubbers only, minimum pressure drop across
the wet scrubber on an hourly rolling average, established as the
average of the test run averages;
    (B) For all wet scrubbers:
    (1) To ensure that the solids content of the scrubber liquid does
not exceed levels during the performance test, you must either:
    (i) Establish a limit on solids content of the scrubber liquid
using a CMS or by manual sampling and analysis. If you elect to monitor
solids content manually, you must sample and analyze the scrubber
liquid hourly unless you support an alternative monitoring frequency in
the performance test plan that you submit for review and approval; or
    (ii) Establish a minimum blowdown rate using a CMS and either a
minimum scrubber tank volume or liquid level using a CMS.
    (2) For maximum solids content monitored with a CMS, you must
establish a limit on a twelve-hour rolling average as the average of
the test run averages.
    (3) For maximum solids content measured manually, you must
establish an hourly limit, as measured at least once per hour, unless
you support an alternative monitoring frequency in the performance test
plan that you submit for review and approval. You must establish the
maximum hourly limit as the average of the manual measurement averages
for each run.
    (4) For minimum blowdown rate and either a minimum scrubber tank
volume or liquid level using a CMS, you must establish a limit on an
hourly rolling average as the average of the test run averages.
    (C) For high energy wet scrubbers only, you must establish limits
on either the minimum liquid to gas ratio or the minimum scrubber water
flowrate and maximum flue gas flowrate on an hourly rolling average. If
you establish limits on maximum flue gas flowrate under this paragraph,
you need not establish a limit on maximum flue gas flowrate under
paragraph (m)(2) of this section. You must establish these hourly
rolling average limits as the average of the test run averages; and
    (D) You must establish limits on minimum power input for ionizing
wet scrubbers on an hourly rolling average as the average of the test
run averages.
    (ii) Baghouses. If your combustor is equipped with a baghouse, you
must establish a limit on minimum pressure drop and maximum pressure
drop across each baghouse cell based on manufacturer's specifications.
You must comply with the limit on an hourly rolling average.
    (iii) Electrostatic precipitators. If your combustor is equipped
with an electrostatic precipitator, you must establish a limit on
minimum secondary power input (kVa) for each field on an hourly rolling
average as the average of the test run averages. Secondary power is
power actually fed to the electrostatic precipitator rather than
primary power fed to the transformer-rectifier sets.
    (iv) Other particulate matter control devices. For each control
device that is not a high energy or ionizing wet scrubber, baghouse, or
electrostatic precipitator but is operated to comply with the
particulate matter emission standards of this subpart, you must ensure
that the control device is properly operated and maintained as required
by Sec. 63.1206(c)(7) and by monitoring the operation of the control
device as follows:

[[Page 53061]]

    (A) During each comprehensive performance test conducted to
demonstrate compliance with the particulate matter emissions standard,
you must establish a range of operating values for the control device
that is a representative and reliable indicator that the control device
is operating within the same range of conditions as during the
performance test. You must establish this range of operating values as
follows:
    (1) You must select a set of operating parameters appropriate for
the control device design that you determine to be a representative and
reliable indicator of the control device performance.
    (2) You must measure and record values for each of the selected
operating parameters during each test run of the performance test. A
value for each selected parameter must be recorded using a continuous
monitor.
    (3) For each selected operating parameter measured in accordance
with the requirements of paragraph (m)(1)(iv)(A)(1) of this section,
you must establish a minimum operating parameter limit or a maximum
operating parameter limit, as appropriate for the parameter, to define
the operating limits within which the control device can operate and
still continuously achieve the same operating conditions as during the
performance test.
    (4) You must prepare written documentation to support the operating
parameter limits established for the control device and you must
include this documentation in the performance test plan that you submit
for review and approval. This documentation must include a description
for each selected parameter and the operating range and monitoring
frequency required to ensure the control device is being properly
operated and maintained.
    (B) You must install, calibrate, operate, and maintain a monitoring
device equipped with a recorder to measure the values for each
operating parameter selected in accordance with the requirements of
paragraph (m)(1)(iv)(A)(1) of this section. You must install,
calibrate, and maintain the monitoring equipment in accordance with the
equipment manufacturer's specifications. The recorder must record the
detector responses at least every 60 seconds, as required in the
definition of continuous monitor.
    (C) You must regularly inspect the data recorded by the operating
parameter monitoring system at a sufficient frequency to ensure the
control device is operating properly. An excursion is determined to
have occurred any time that the actual value of a selected operating
parameter is less than the minimum operating limit (or, if applicable,
greater than the maximum operating limit) established for the parameter
in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of
this section.
    (D) Operating parameters selected in accordance with paragraph
(m)(1)(iv) of this section may be based on manufacturer specifications
provided you support the use of manufacturer specifications in the
performance test plan that you submit for review and approval.
    (2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average
basis;
    (3) Maximum ash feedrate. Owners and operators of hazardous waste
incinerators must establish a maximum ash feedrate limit as the average
of the highest hourly rolling averages for each run.
    (n) Semivolatile metals and low volatility metals. You must comply
with the semivolatile metal (cadmium and lead) and low volatile metal
(arsenic, beryllium, and chromium) emission standards by establishing
and complying with the following operating parameter limits. You must
base the limits on operations during the comprehensive performance
test, unless the limits are based on manufacturer specifications.
    (1) Maximum inlet temperature to dry particulate matter air
pollution control device. You must establish a limit on the maximum
inlet temperature to the primary dry metals emissions control device
(e.g., electrostatic precipitator, baghouse) on an hourly rolling
average basis as the average of the test run averages.
    (2) Maximum feedrate of semivolatile and low volatile metals. (i)
General. You must establish feedrate limits for semivolatile metals
(cadmium and lead) and low volatile metals (arsenic, beryllium, and
chromium) as follows, except as provided by paragraph (n)(2)(ii) of
this section:
    (A) You must establish a 12-hour rolling average limit for the
feedrate of cadmium and lead, combined, in all feedstreams as the
average of the average hourly rolling averages for each run;
    (B) You must establish a 12-hour rolling average limit for the
feedrate of arsenic, beryllium, and chromium, combined, in all
feedstreams as the average of the average hourly rolling averages for
each run; and
    (C) You must establish a 12-hour rolling average limit for the
feedrate of arsenic, beryllium, and chromium, combined, in all pumpable
feedstreams as the average of the average hourly rolling averages for
each run. Dual feedrate limits for both pumpable and total feedstreams
are not required, however, if you base the total feedrate limit solely
on the feedrate of pumpable feedstreams.
    (ii) Feedrate extrapolation. (A) You may request as part of the
performance test plan under Secs. 63.7(b) and (c) and Secs. 63.1207(e)
and (f) to use the semivolatile metal and low volatile metal feedrates
and associated emission rates during the comprehensive performance test
to extrapolate to higher allowable feedrate limits and emission rates.
    (B) The extrapolation methodology will be reviewed and approved, as
warranted, by the Administrator. The review will consider in particular
whether:
    (1) Performance test metal feedrates are appropriate (i.e., whether
feedrates are at least at normal levels; depending on the heterogeneity
of the waste, whether some level of spiking would be appropriate; and
whether the physical form and species of spiked material is
appropriate); and
    (2) Whether the extrapolated feedrates you request are warranted
considering historical metal feedrate data.
    (C) The Administrator will review the performance test results in
making a finding of compliance required by Secs. 63.6(f)(3) and
63.1206(b)(3) to ensure that you have interpreted emission test results
properly and that the extrapolation procedure is appropriate for your
source.
    (3) Control device operating parameter limits (OPLs). You must
establish operating parameter limits on the particulate matter control
device as specified by paragraph (m)(1) of this section;
    (4) Maximum total chlorine and chloride feedrate. You must
establish a 12-hour rolling average limit for the feedrate of total
chlorine and chloride in all feedstreams as the average of the average
hourly rolling averages for each run.
    (5) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the

[[Page 53062]]

maximum production rate, or another parameter that you document in the
site-specific test plan as an appropriate surrogate for gas residence
time, as the average of the maximum hourly rolling averages for each
run.
    (ii) You must comply with this limit on a hourly rolling average
basis.
    (o) Hydrochloric acid and chlorine gas. You must comply with the
hydrogen chloride and chlorine gas emission standard by establishing
and complying with the following operating parameter limits. You must
base the limits on operations during the comprehensive performance
test, unless the limits are based on manufacturer specifications.
    (1) Feedrate of total chlorine and chloride. You must establish a
12-hour rolling average limit for the total feedrate of chlorine
(organic and inorganic) in all feedstreams as the average of the
average hourly rolling averages for each run.
    (2) Maximum flue gas flowrate or production rate. (i) As an
indicator of gas residence time in the control device, you must
establish a limit on the maximum flue gas flowrate, the maximum
production rate, or another parameter that you document in the site-
specific test plan as an appropriate surrogate for gas residence time,
as the average of the maximum hourly rolling averages for each run.
    (ii) You must comply with this limit on a hourly rolling average
basis;
    (3) Wet scrubber. If your combustor is equipped with a wet
scrubber:
    (i) If your source is equipped with a high energy wet scrubber such
as a venturi, hydrosonic, collision, or free jet wet scrubber, you must
establish a limit on minimum pressure drop across the wet scrubber on
an hourly rolling average as the average of the test run averages;
    (ii) If your source is equipped with a low energy wet scrubber such
as a spray tower, packed bed, or tray tower, you must establish a
minimum pressure drop across the wet scrubber based on manufacturer's
specifications. You must comply with the limit on an hourly rolling
average;
    (iii) If your source is equipped with a low energy wet scrubber,
you must establish a limit on minimum liquid feed pressure to the wet
scrubber based on manufacturer's specifications. You must comply with
the limit on an hourly rolling average;
    (iv) You must establish a limit on minimum pH on an hourly rolling
average as the average of the test run averages;
    (v) You must establish limits on either the minimum liquid to gas
ratio or the minimum scrubber water flowrate and maximum flue gas
flowrate on an hourly rolling average as the average of the test run
averages. If you establish limits on maximum flue gas flowrate under
this paragraph, you need not establish a limit on maximum flue gas
flowrate under paragraph (o)(2) of this section; and
    (vi) You must establish a limit on minimum power input for ionizing
wet scrubbers on an hourly rolling average as the average of the test
run averages.
    (4) Dry scrubber. If your combustor is equipped with a dry
scrubber, you must establish the following operating parameter limits:
    (i) Minimum sorbent feedrate. You must establish a limit on minimum
sorbent feedrate on an hourly rolling average as the average of the
test run averages.
    (ii) Minimum carrier fluid flowrate or nozzle pressure drop. You
must establish a limit on minimum carrier fluid (gas or liquid)
flowrate or nozzle pressure drop based on manufacturer's
specifications.
    (iii) Sorbent specifications. (A) You must specify and use the
brand (i.e., manufacturer) and type of sorbent used during the
comprehensive performance test until a subsequent comprehensive
performance test is conducted, unless you document in the site-specific
performance test plan required under Secs. 63.1207(e) and (f) key
parameters that affect adsorption and establish limits on those
parameters based on the sorbent used in the performance test.
    (B) You may substitute at any time a different brand or type of
sorbent provided that the replacement has equivalent or improved
properties compared to the sorbent used in the performance test and
conforms to the key sorbent parameters you identify under paragraph
(o)(4)(iii)(A) of this section. You must record in the operating record
documentation that the substitute sorbent will provide the same level
of control as the original sorbent.
    (p) Maximum combustion chamber pressure. If you comply with the
requirements for combustion system leaks under Sec. 63.1206(c)(5) by
maintaining the maximum combustion chamber zone pressure lower than
ambient pressure, you must monitor the pressure instantaneously and the
automatic waste feed cutoff system must be engaged when negative
pressure is not maintained at any time.
    (q) Operating under different modes of operation. If you operate
under different modes of operation, you must establish operating
parameter limits for each mode. You must document in the operating
record when you change a mode of operation and begin complying with the
operating parameter limits for an alternative mode of operation. You
must begin calculating rolling averages anew (i.e., without considering
previous recordings) when you begin complying with the operating
parameter limits for the alternative mode of operation.

Notification, Reporting and Recordkeeping

Sec. 63.1210  What are the notification requirements?

    (a) Summary of requirements. (1) You must submit the following
notifications to the Administrator:

------------------------------------------------------------------------
          Reference                           Notification
------------------------------------------------------------------------
63.9(b)......................  Initial notifications that you are
                                subject to Subpart EEE of this Part.
63.1210(b) and (c)...........  Notification of intent to comply.
63.9(d)......................  Notification that you are subject to
                                special compliance requirements.
63.1207(e), 63.9(e)            Notification of performance test and
 63.9(g)(1) and (3).            continuous monitoring system evaluation,
                                including the performance test plan and
                                CMS performance evaluation plan.\1\
63.1210(d), 63.1207(j),        Notification of compliance, including
 63.9(h), 63.10(d)(2),          results of performance tests and
 63.10(e)(2).                   continuous monitoring system performance
                                evaluations.
63.1206(b)(6)................  Notification of changes in design,
                                operation, or maintenance.
63.9(j)......................  Notification and documentation of any
                                change in information already provided
                                under Sec.  63.9.
------------------------------------------------------------------------
\1\ You may also be required on a case-by-case basis to submit a
  feedstream analysis plan under Sec.  63.1209(c)(3).

    (2) You must submit the following notifications to the
Administrator if you request or elect to comply with alternative
requirements:

[[Page 53063]]

------------------------------------------------------------------------
                                  Notification, request, petition, or
          Reference                           application
------------------------------------------------------------------------
63.1206(b)(5), 63.1213,        You may request an extension of the
 63.6(i), 63.9(c).              compliance date for up to one year.
63.9(i)......................  You may request an adjustment to time
                                periods or postmark deadlines for
                                submittal and review of required
                                information.
63.1209(g)(1)................  You may request approval of: (1)
                                alternative monitoring methods, except
                                for standards that you must monitor with
                                a continuous emission monitoring system
                                (CEMS) and except for requests to use a
                                CEMS in lieu of operating parameter
                                limits; or (2) a waiver of an operating
                                parameter limit.
63.1209(a)(5), 63.8(f).......  You may request: (1) approval of
                                alternative monitoring methods for
                                compliance with standards that are
                                monitored with a CEMS; and (2) approval
                                to use a CEMS in lieu of operating
                                parameter limits.
63.1204(d)(4)................  Notification that you elect to comply
                                with the emission averaging requirements
                                for cement kilns with in-line raw mills.
63.1204(e)(4)................  Notification that you elect to comply
                                with the emission averaging requirements
                                for preheater or preheater/precalciner
                                kilns with dual stacks.
63.1206(b)(1)(ii)(A).........  Notification that you elect to document
                                compliance with all applicable
                                requirements and standards promulgated
                                under authority of the Clean Air Act,
                                including Sections 112 and 129, in lieu
                                of the requirements of Subpart EEE of
                                this Part when not burning hazardous
                                waste.
63.1206(b)(5)(i)(C)(2).......  You may request to burn hazardous waste
                                for more than 720 hours and for purposes
                                other than testing or pretesting after a
                                making a change in the design or
                                operation that could affect compliance
                                with emission standards and prior to
                                submitting a revised Notification of
                                Compliance.
63.1206(b)(9)(iii)(B)........  If you elect to conduct particulate
                                matter CEMS correlation testing and wish
                                to have federal particulate matter and
                                opacity standards and associated
                                operating limits waived during the
                                testing, you must notify the
                                Administrator by submitting the
                                correlation test plan for review and
                                approval.
63.1206(b)(10)...............  Owners and operators of lightweight
                                aggregate kilns may request approval of
                                alternative emission standards for
                                mercury, semivolatile metal, low
                                volatile metal, and hydrochloric acid/
                                chlorine gas under certain conditions.
63.1206(b)(11)...............  Owners and operators of cement kilns may
                                request approval of alternative emission
                                standards for mercury, semivolatile
                                metal, low volatile metal, and
                                hydrochloric acid/chlorine gas under
                                certain conditions.
63.1206(b)(14)...............  Owners and operators of incinerators may
                                comply with an alternative particulate
                                matter standard of 68 mg/dscm, corrected
                                to 7% oxygen, under a petition
                                documenting de minimis metals levels in
                                feedstreams.
63.1207(c)(2)................  You may request to base initial
                                compliance on data in lieu of a
                                comprehensive performance test.
63.1207(d)(3)................  You may request more than 60 days to
                                complete a performance test if
                                additional time is needed for reasons
                                beyond your control.
63.1207(i)...................  You may request up to a one-year time
                                extension for conducting a performance
                                test (other than the initial
                                comprehensive performance test) to
                                consolidate testing with other state or
                                federally-required testing.
63.1207(j)(4)................  You may request more than 90 days to
                                submit a Notification of Compliance
                                after completing a performance test if
                                additional time is needed for reasons
                                beyond your control.
63.1207(l)(3)................  After failure of a performance test, you
                                may request to burn hazardous waste for
                                more than 720 hours and for purposes
                                other than testing or pretesting.
63.1209(l)(1)................  You may request to extrapolate mercury
                                feedrate limits.
63.1209(n)(2)(ii)............  You may request to extrapolate
                                semivolatile and low volatile metal
                                feedrate limits.
63.10(e)(3)(ii)..............  You may request to reduce the frequency
                                of excess emissions and CMS performance
                                reports.
63.10(f).....................  You may request to waive recordkeeping or
                                reporting requirements.
63.1211(e)...................  You may request to use data compression
                                techniques to record data on a less
                                frequent basis than required by Sec.
                                63.1209.
------------------------------------------------------------------------

    (b) Notification of intent to comply (NIC). (1) You must prepare a
Notification of Intent to Comply that includes the following
information:
    (i) General information:
    (A) The name and address of the owner/operator and the source;
    (B) Whether the source is a major or an area source;
    (C) Waste minimization and emission control technique(s) being
considered;
    (D) Emission monitoring technique(s) you are considering;
    (E) Waste minimization and emission control technique(s)
effectiveness;
    (F) A description of the evaluation criteria used or to be used to
select waste minimization and/or emission control technique(s); and
    (G) A statement that you intend to comply with the emission
standards of this subpart.
    (ii) Information on key activities and estimated dates for these
activities that will bring the source into compliance with emission
control requirements of this subpart. The submission of key activities
and dates is not intended to be static and you may revise them during
the period the NIC is in effect. You must submit revisions to the
Administrator and make them available to the public. You must include
the following key activities and dates:
    (A) The dates for beginning and completion of engineering studies
to evaluate emission control systems or process changes for emissions;
    (B) The date by which you will award contracts for emission control
systems or process changes for emission control, or the date by which
you will issue orders for the purchase of component parts to accomplish
emission control or process changes;
    (C) The date by which you will submit construction applications;
    (D) The date by which you will initiate on-site construction,
installation of emission control equipment, or process change;
    (E) The date by which you will complete on-site construction,
installation of emission control equipment, or process change; and
    (F) The date by which you will achieve final compliance. The
individual dates and milestones listed in paragraphs (b)(1)(ii)(A)
through (F) of this section as part of the NIC are not requirements and
therefore are not enforceable deadlines; the requirements of paragraphs
(b)(1)(ii)(A) through (F) of this section must be included as part of
the NIC only to inform the public of

[[Page 53064]]

your intention to comply with the emission standards of this subpart.
    (iii) A summary of the public meeting required under paragraph (c)
of this section.
    (iv) If you do not intent to comply, but will not stop burning
hazardous waste by October 1, 2001 a certification that:
    (A) You will stop burning hazardous waste on or before September
30, 2002; and
    (B) It is necessary to combust the hazardous waste from another on-
site source, during the year prior to September 30, 2002 because that
other source is:
    (1) Installing equipment to come into compliance with the emission
standards of this subpart; or
    (2) Installing source reduction modifications to eliminate the need
for further combustion of wastes.
    (2) You must make a draft of the NIC available for public review no
later than 30 days prior to the public meeting required under paragraph
(c)(1) of this section.
    (3) You must submit the final NIC to the Administrator no later
than October 2, 2000.
    (c) NIC public meeting and notice. (1) Prior to the submission of
the NIC to the permitting agency, and no later than July 31, 2000, you
must hold at least one informal meeting with the public to discuss
anticipated activities described in the draft NIC for achieving
compliance with the emission standards of this subpart. You must post a
sign-in sheet or otherwise provide a voluntary opportunity for
attendees to provide their names and addresses.
    (2) You must submit a summary of the meeting, along with the list
of attendees and their addresses developed under paragraph (b)(1) of
this section, and copies of any written comments or materials submitted
at the meeting, to the Administrator as part of the final NIC, in
accordance with paragraph (b)(1)(iii) of this section.
    (3) You must provide public notice of the NIC meeting at least 30
days prior to the meeting. You must provide public notice in all of the
following forms:
    (i) Newspaper advertisement. You must publish a notice in a
newspaper of general circulation in the county or equivalent
jurisdiction of your facility. In addition, you must publish the notice
in newspapers of general circulation in adjacent counties or equivalent
jurisdiction where such publication would be necessary to inform the
affected public. You must publish the notice as a display
advertisement.
    (ii) Visible and accessible sign. You must post a notice on a
clearly marked sign at or near the source. If you place the sign on the
site of the hazardous waste combustor, the sign must be large enough to
be readable from the nearest spot where the public would pass by the
site.
    (iii) Broadcast media announcement. You must broadcast a notice at
least once on at least one local radio station or television station.
    (iv) Notice to the facility mailing list. You must provide a copy
of the notice to the facility mailing list in accordance with
Sec. 124.10(c)(1)(ix) of this chapter.
    (4) You must include the following in the notices required under
paragraph (c)(3) of this section:
    (i) The date, time, and location of the meeting;
    (ii) A brief description of the purpose of the meeting;
    (iii) A brief description of the source and proposed operations,
including the address or a map (e.g., a sketched or copied street map)
of the source location;
    (iv) A statement encouraging people to contact the source at least
72 hours before the meeting if they need special access to participate
in the meeting;
    (v) A statement describing how the draft NIC can be obtained; and
    (vi) The name, address, and telephone number of a contact person
for the NIC.
    (d) Notification of compliance. (1) The Notification of Compliance
status requirements of Sec. 63.9(h) apply, except that:
    (i) The notification is a Notification of Compliance, rather than
compliance status;
    (ii) The notification is required for the initial comprehensive
performance test and each subsequent comprehensive and confirmatory
performance test; and
    (iii) You must postmark the notification before the close of
business on the 90th day following completion of relevant compliance
demonstration activity specified in this subpart rather than the 60th
day as required by Sec. 63.9(h)(2)(ii).
    (2) Upon postmark of the Notification of Compliance, the operating
parameter limits identified in the Notification of Compliance, as
applicable, shall be complied with, the limits identified in the
Documentation of Compliance or a previous Notification of Compliance
are no longer applicable.
    (3) The Notification of Compliance requirements of Sec. 63.1207(j)
also apply.

Sec. 63.1211  What are the recordkeeping and reporting requirements?

    (a) Summary of reporting requirements. You must submit the
following reports to the Administrator:

------------------------------------------------------------------------
          Reference                              Report
------------------------------------------------------------------------
63.1211(b)...................  Compliance progress report associated and
                                submitted with the notification of
                                intent to comply.
63.10(d)(4)..................  Compliance progress reports, if required
                                as a condition of an extension of the
                                compliance date granted under Sec.
                                63.6(i).
63.1206(c)(3)(vi)............  Excessive exceedances reports.
63.1206(c)(4)(iv)............  Emergency safety vent opening reports.
63.10(d)(5)(i)...............  Periodic startup, shutdown, and
                                malfunction reports.
63.10(d)(5)(ii)..............  Immediate startup, shutdown, and
                                malfunction reports.
63.10(e)(3)..................  Excessive emissions and continuous
                                monitoring system performance report and
                                summary report.
------------------------------------------------------------------------

    (b) Compliance progress reports associated with the notification of
intent to comply. (1) General. Not later than October 1, 2001, you must
comply with the following, unless you comply with paragraph (b)(2)(ii)
of this section:
    (i) Complete engineering design for any physical modifications to
the source needed to comply with the emission standards of this
subpart;
    (ii) Submit applicable construction applications to the
Administrator; and
    (iii) Enter into a binding contractual commitment to purchase,
fabricate, and install any equipment, devices, and ancillary structures
needed to comply with the emission standards of this subpart.
    (2) Demonstration. (i) You must submit to the Administrator a
progress report on or before October 1, 2001 which contains information
demonstrating that you have met the requirements of paragraph (b)(1) of
this section. This information will be used by the Administrator to
determine if you have made adequate progress towards compliance with
the emission standards of this subpart.

[[Page 53065]]

    (ii) If you intend to comply with the emission standards of this
subpart, but can do so without undertaking any of the activities
described in paragraph (b)(1) of this section, you must submit
documentation either:
    (A) Demonstrating that you, at the time of the progress report, are
in compliance with the emission standards and operating requirements;
or
    (B) Specifying the steps that you will take to comply, without
undertaking any of the activities listed in paragraphs (b)(1)(i)
through (b)(1)(iii) of this section.
    (iii) If you do not comply with paragraph (b)(1) or (b)(2)(ii) of
this section, you must stop burning hazardous waste on or before
October 1, 2001.
    (3) Schedule. (i) You must include in the progress report a
detailed schedule that lists key dates for all projects that will bring
the source into compliance with the emission standards and operating
requirements of this subpart (i.e., key dates for the activities
required under paragraphs (b)(1)(i) through (iii) of this section).
Dates must cover the time frame from the progress report through the
compliance date of the emission standards and operating requirements of
this subpart.
    (ii) The schedule must contain the following dates:
    (A) Bid and award dates for construction contracts and equipment
supply contractors;
    (B) Milestones such as ground breaking, completion of drawings and
specifications, equipment deliveries, intermediate construction
completions, and testing;
    (C) The dates on which applications were submitted for or obtained
operating and construction permits or licenses;
    (D) The dates by which approvals of any permits or licenses are
anticipated; and
    (E) The projected date by which you will comply with the emission
standards and operating requirements of this subpart.
    (4) Notice of intent to comply. You must include a statement in the
progress report that you intend or do not intend to comply with the
emission standards and operating requirements of this subpart.
    (5) Sources that do not intend to comply. (i) If you indicated in
your NIC your intent not to comply with the emission standards and
operating requirements of this subpart and stop burning hazardous waste
prior to submitting a progress report, or if you meet the requirements
of Sec. 63.1206(a)(2), you are exempt from the requirements of
paragraphs (b)(2) and (b)(3) of this section. However, you must include
in your progress report the date on which you stopped burning hazardous
waste and the date(s) you submitted RCRA closure documents.
    (ii) If you signify in the progress report, submitted not later
than October 1, 2001, your intention not to comply with the emission
standards and operating requirements of this subpart, you must stop
burning hazardous waste on or before October 1, 2001.
    (c) Summary of recordkeeping requirements. You must retain the
following in the operating record:

------------------------------------------------------------------------
          Reference                  Document, data, or information
------------------------------------------------------------------------
63.1201(a), 63.10(b) and (c).  General. Information required to document
                                and maintain compliance with the
                                regulations of Subpart EEE, including
                                data recorded by continuous monitoring
                                systems (CMS), and copies of all
                                notifications, reports, plans, and other
                                documents submitted to the
                                Administrator.
63.1211(d)...................  Documentation of compliance.
63.1206(c)(3)(vii)...........  Documentation and results of the
                                automatic waste feed cutoff operability
                                testing.
63.1209(c)(2)................  Feedstream analysis plan.
63.1204(d)(3)................  Documentation of compliance with the
                                emission averaging requirements for
                                cement kilns with in-line raw mills.
63.1204(e)(3)................  Documentation of compliance with the
                                emission averaging requirements for
                                preheater or preheater/precalciner kilns
                                with dual stacks.
63.1206(b)(1)(ii)(B).........  If you elect to comply with all
                                applicable requirements and standards
                                promulgated under authority of the Clean
                                Air Act, including Sections 112 and 129,
                                in lieu of the requirements of Subpart
                                EEE when not burning hazardous waste,
                                you must document in the operating
                                record that you are in compliance with
                                those requirements.
63.1206(c)(2)................  Startup, shutdown, and malfunction plan.
63.1206(c)(3)(v).............  Corrective measures for any automatic
                                waste feed cutoff that results in an
                                exceedance of an emission standard or
                                operating parameter limit.
63.1206(c)(4)(ii)............  Emergency safety vent operating plan.
63.1206(c)(4)(iii)...........  Corrective measures for any emergency
                                safety vent opening.
63.1206(c)(6)................  Operator training and certification
                                program.
63.1206(c)(7)................  Ramp down procedures for waste feed
                                cutoffs.
63.1209(k)(6)(iii),            Documentation that a substitute activated
 63.1209(k)(7)(ii),             carbon, dioxin/furan formation reaction
 63.1209(k)(9)(ii),             inhibitor, or dry scrubber sorbent will
 63.1209(o)(4)(iii).            provide the same level of control as the
                                original material.
------------------------------------------------------------------------

    (d) Documentation of compliance. (1) By the compliance date, you
must develop and include in the operating record a Documentation of
Compliance.
    (2) The Documentation of Compliance must identify the applicable
emission standards under this subpart and the limits on the operating
parameters under Sec. 63.1209 that will ensure compliance with those
emission standards.
    (3) You must include a signed and dated certification in the
Documentation of Compliance that:
    (i) Required CEMs and CMS are installed, calibrated, and
continuously operating in compliance with the requirements of this
subpart; and
    (ii) Based on an engineering evaluation prepared under your
direction or supervision in accordance with a system designed to ensure
that qualified personnel properly gathered and evaluated the
information and supporting documentation, and considering at a minimum
the design, operation, and maintenance characteristics of the combustor
and emissions control equipment, the types, quantities, and
characteristics of feedstreams, and available emissions data:
    (A) You are in compliance with the emission standards of this
subpart; and
    (B) The limits on the operating parameters under Sec. 63.1209
ensure compliance with the emission standards of this subpart.
    (4) You must comply with the emission standards and operating
parameter limits specified in the Documentation of Compliance.

[[Page 53066]]

    (e) Data compression. You may submit a written request to the
Administrator for approval to use data compression techniques to record
data from CMS, including CEMS, on a frequency less than that required
by Sec. 63.1209. You must submit the request for review and approval as
part of the comprehensive performance test plan.
    (1) You must record a data value at least once each ten minutes.
    (2) For each CEMS or operating parameter for which you request to
use data compression techniques, you must recommend:
    (i) A fluctuation limit that defines the maximum permissible
deviation of a new data value from a previously generated value without
requiring you to revert to recording each one-minute value.
    (A) If you exceed a fluctuation limit, you must record each one-
minute value for a period of time not less than ten minutes.
    (B) If neither the fluctuation limit nor the data compression limit
are exceeded during that period of time, you may reinitiate recording
data values on a frequency of at least once each ten minutes; and
    (ii) A data compression limit defined as the closest level to an
operating parameter limit or emission standard at which reduced data
recording is allowed.
    (A) Within this level and the operating parameter limit or emission
standard, you must record each one-minute average.
    (B) The data compression limit should reflect a level at which you
are unlikely to exceed the specific operating parameter limit or
emission standard, considering its averaging period, with the addition
of a new one-minute average.

Sec. 63.1212  What are the other requirements pertaining to the NIC and
associated progress reports?

    (a) Certification of intent to comply. (1) The Notice of Intent to
Comply (NIC) and Progress Report must contain the following
certification signed and dated by an authorized representative of the
source: I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this document and all
attachments and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including
the possibility of fine and imprisonment.
    (2) An authorized representative should be a responsible corporate
officer (for a corporation), a general partner (for a partnership), the
proprietor (of a sole proprietorship), or a principal executive officer
or ranking elected official (for a municipality, State, Federal, or
other public agency).
    (b) Sources that begin burning hazardous waste after September 30,
1999. (1) If you begin to burn hazardous waste after September 30, 1999
but prior to June 30, 2000 you must comply with the requirements of
Secs. 63.1206(a)(2), 63.1210(b) and (c), 63.1211(b), and paragraph (a)
of this section, and associated time frames for public meetings and
document submittals.
    (2) If you intend to begin burning hazardous waste after June 30,
2000, you must comply with the requirements of Secs. 63.1206(a)(2),
63.1210(b) and (c), 63.1211(b), and paragraph (a) of this section prior
to burning hazardous waste. In addition:
    (i) You must make a draft NIC available to the public, notice the
public meeting, conduct a public meeting, and submit a final NIC prior
to burning hazardous waste; and
    (ii) You must submit your progress report at the time you submit
your final NIC.

Other

Sec. 63.1213  How can the compliance date be extended to install
pollution prevention or waste minimization controls?

    (a) Applicability. You may request from the Administrator or State
with an approved Title V program an extension of the compliance data of
up to one year. An extension may be granted if you can reasonably
document that the installation of pollution prevention or waste
minimization measures will significantly reduce the amount and/or
toxicity of hazardous wastes entering the feedstream(s) of the
hazardous waste combustor(s), and that you could not install the
necessary control measures and comply with the emission standards and
operating requirements of this subpart within three years after their
effective date.
    (b) Requirements for requesting an extension. (1) You must make
your requests for a (up to) one-year extension in writing, and it must
be received not later than 12 months before the compliance date. The
request must contain the following information:
    (i) A description of pollution prevention or waste minimization
controls that, when installed, will significantly reduce the amount
and/or toxicity of hazardous wastes entering the feedstream(s) of the
hazardous waste combustor(s). Pollution prevention or waste
minimization measures may include: equipment or technology
modifications, reformulation or redesign of products, substitution of
raw materials, improvements in work practices, maintenance, training,
inventory control, or recycling practices conducted as defined in
Sec. 261.1(c) of this chapter;
    (ii) A description of other pollution controls to be installed that
are necessary to comply with the emission standards and operating
requirements;
    (iii) A reduction goal or estimate of the annual reductions in
quantity and/or toxicity of hazardous waste(s) entering combustion
feedstream(s) that you will achieve by installing the proposed
pollution prevention or waste minimization measures;
    (iv) A comparison of reductions in the amounts and/or toxicity of
hazardous wastes combusted after installation of pollution prevention
or waste minimization measures to the amounts and/or toxicity of
hazardous wastes combusted prior to the installation of these measures.
If the difference is less than a fifteen percent reduction, include a
comparison to pollution prevention and waste minimization reductions
recorded during the previous five years;
    (v) Reasonable documentation that installation of the pollution
prevention or waste minimization changes will not result in a net
increase (except for documented increases in production) of hazardous
constituents released to the environment through other emissions,
wastes or effluents;
    (vi) Reasonable documentation that the design and installation of
waste minimization and other measures that are necessary for compliance
with the emission standards and operating requirements of this subpart
cannot otherwise be installed within the three year compliance period,
and
    (vii) The information required in Sec. 63.6(i)(6)(i)(B) through
(D).
    (2) You may enclose documentation prepared under an existing State-
required pollution prevention program that contains the information
prescribed in paragraph (b) of this section with a request for
extension in lieu of complying with the time extension requirements of
that paragraph.
    (c) Approval of request for extension of compliance date. Based on
the information provided in any request made under paragraph (a) of
this section, the Administrator or State with an approved title V
program may grant an extension of the compliance date of this subpart.
The extension will be in writing in accordance with
Secs. 63.6(i)(10)(i) through 63.6(i)(10)(v)(A).

[[Page 53067]]

                      Table 1 to Subpart EEE.--General Provisions Applicable to Subpart EEE
----------------------------------------------------------------------------------------------------------------
              Reference                Applies to Subparts EEE                     Explanation
----------------------------------------------------------------------------------------------------------------
63.1................................  Yes.....................
63.2................................  Yes.....................
63.3................................  Yes.....................
63.4................................  Yes.....................
63.5................................  Yes.....................
63.6(a), (b), (c), and (d)..........  Yes.....................
63.6(e).............................  Yes.....................  Except Sec.  63.1206(b)(1) and (c)(2)(ii)
                                                                 require compliance with the emission standards
                                                                 during startup, shutdown, and malfunction if
                                                                 hazardous waste is burned or remains in the
                                                                 combustion chamber during those periods of
                                                                 operation.
63.6(f)(1)..........................  Yes.....................  Same exception that applies to Sec.  63.6(e).
63.6(f)(2)..........................  Yes.....................  Except that the performance test requirements of
                                                                 Sec.  63.1207 apply instead of Sec.
                                                                 63.6(f)(2)(iii)(B).
63.6(f)(3)..........................  Yes.....................
63.6(g).............................  Yes.....................
63.6(h).............................  Yes.....................  Except only cement kilns are subject to an
                                                                 opacity standard, and Sec.  63.1206(b)(1)
                                                                 requires compliance with the opacity standard
                                                                 at all times that hazardous waste is in the
                                                                 combustion chamber.
63.6(i).............................  Yes.....................  Section Sec.  63.1213 specifies that the
                                                                 compliance date may also be extended for
                                                                 inability to install necessary emission control
                                                                 equipment by the compliance date because of
                                                                 implementation of pollution prevention or waste
                                                                 minimization controls.
63.6(j).............................  Yes.....................
63.7(a).............................  Yes.....................
63.7(b).............................  Yes.....................  Except Sec.  63.1207(e) requires you to submit
                                                                 the site-specific test plan for approval at
                                                                 least one year before the comprehensive
                                                                 performance test is scheduled to begin.
63.7(c).............................  Yes.....................  Except Sec.  63.1207(e) requires you to submit
                                                                 the site-specific test plan (including the
                                                                 quality assurance provisions under Sec.
                                                                 63.7(c)) for approval at least one year before
                                                                 the comprehensive performance test is scheduled
                                                                 to begin.
63.7(d).............................  Yes.....................
63.7(e).............................  Yes.....................  Except: (1) Sec.  63.1207 prescribes operations
                                                                 during performance testing; (2) Sec.  63.1209
                                                                 specifies operating limits that will be
                                                                 established during performance testing (such
                                                                 that testing is likely to be representative of
                                                                 the extreme range of normal performance); and
                                                                 (3) Secs.  63.1206(b)(1) and (c)(2) require
                                                                 compliance with the emission standards during
                                                                 startup, shutdown, and malfunction if hazardous
                                                                 waste is burned or remains in the combustion
                                                                 chamber during those periods of operation.
63.7(f).............................  Yes.....................
63.7(g).............................  Yes.....................  Except that Sec.  63.1207(j) requiring the
                                                                 results of the performance test (and the
                                                                 notification of compliance) to be submitted
                                                                 within 90 days of completing the test, unless
                                                                 the Administrator grants a time extension,
                                                                 applies instead of Sec.  63.7(g)(1).
63.7(h).............................  Yes.....................  Except Sec.  63.1207(c)(2) allows data in lieu
                                                                 of the initial comprehensive performance test,
                                                                 and Sec.  63.1207(m) provides a waiver of
                                                                 certain performance tests. You must submit
                                                                 requests for these waivers with the site-
                                                                 specific test plan.
63.8(a) and (b).....................  Yes.....................
63.8(c).............................  Yes.....................  Except: (1) Sec.  63.1211(d) that requires CMS
                                                                 to be installed, calibrated, and operational on
                                                                 the compliance date applies instead of Sec.
                                                                 63.8(c)(3); (2) the performance specifications
                                                                 for CO, HC, and O2 CEMS in subpart B, part 60,
                                                                 of this chapter requiring that the detectors
                                                                 measure the sample concentration at least once
                                                                 every 15 seconds for calculating an average
                                                                 emission level once every 60 seconds apply
                                                                 instead of Sec.  63.8(c)(4)(ii); and (3) Secs.
                                                                 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C)
                                                                 pertaining to COMS apply only to cement kilns.
63.8(d).............................  Yes.....................
63.8(e).............................  Yes.....................  Except Sec.  63.1207(e) requiring sources to
                                                                 submit the site-specific comprehensive
                                                                 performance test plan and the CMS performance
                                                                 evaluation plan for approval at least one year
                                                                 prior to the planned test date applies instead
                                                                 of Secs.  63.8(e)(2) and (3)(iii).
63.8(f).............................  Yes.....................
63.8(g).............................  Yes.....................  Except Sec.  63.8(g)(2) regarding data reduction
                                                                 for COMS applies only to cement kilns.
63.9(a).............................  Yes.....................
63.9(b).............................  Yes.....................  Note: Section 63.9(b)(1)(ii) pertains to
                                                                 notification requirements for area sources that
                                                                 become a major source, and Sec.  93.9(b)(2)(v)
                                                                 requires a major source determination. Although
                                                                 area sources are subject to all provisions of
                                                                 this subpart (Subpart EEE), these sections
                                                                 nonetheless apply because the major source
                                                                 determination may affect the applicability of
                                                                 part 63 standards or title V permit
                                                                 requirements to other sources (i.e., other than
                                                                 a hazardous waste combustor) of hazardous air
                                                                 pollutants at the facility.
63.9(c) and (d).....................  Yes.....................
63.9(e).............................  Yes.....................  Except Sec.  63.1207(e) which requires the
                                                                 comprehensive performance test plan to be
                                                                 submitted for approval one year prior to the
                                                                 planned performance test date applies instead
                                                                 of Sec.  63.9(e).
63.9(f).............................  No......................
63.9(g).............................  Yes.....................  Except Sec.  63.9(g)(2) pertaining to COMS does
                                                                 not apply.
63.9(h).............................  Yes.....................  Except Sec.  63.1207(j) requiring the
                                                                 notification of compliance to be submitted
                                                                 within 90 days of completing a performance test
                                                                 unless the Administrator grants a time
                                                                 extension applies instead of Sec.
                                                                 63.9(h)(2)(ii). Note: Even though area sources
                                                                 are subject to this subpart, the major source
                                                                 determination required by Sec.
                                                                 63.9(h)(2)(i)(E) is applicable to hazardous
                                                                 waste combustors for the reasons discussed
                                                                 above.
63.9(i) and (j).....................  Yes.....................

[[Page 53068]]

63.10...............................  Yes.....................  Except reports of performance test results
                                                                 required under Sec.  63.10(d)(2) may be
                                                                 submitted up to 90 days after completion of the
                                                                 test.
63.11...............................  No......................
63.12-63.15.........................  Yes.....................
----------------------------------------------------------------------------------------------------------------

Appendix to Subpart EEE of Part 63--Quality Assurance Procedures
for Continuous Emissions Monitors Used for Hazardous Waste
Combustors

1. Applicability and Principle

    1.1  Applicability. a. These quality assurance requirements are
used to evaluate the effectiveness of quality control (QC) and
quality assurance (QA) procedures and the quality of data produced
by continuous emission monitoring systems (CEMS) that are used for
determining compliance with the emission standards on a continuous
basis as specified in the applicable regulation. The QA procedures
specified by these requirements represent the minimum requirements
necessary for the control and assessment of the quality of CEMS data
used to demonstrate compliance with the emission standards provided
under subpart EEE of this part 63. Owners and operators must meet
these minimum requirements and are encouraged to develop and
implement a more extensive QA program. These requirements superede
those found in part 60, appendix F of this chapter. Appendix F does
not apply to hazardous waste-burning devices.
    b. Data collected as a result of the required QA and QC measures
are to be recorded in the operating record. In addition, data
collected as a result of CEMS performance evaluations required by
Section 5 in conjunction with an emissions performance test are to
be submitted to the Administrator as provided by Sec. 63.8(e)(5).
These data are to be used by both the Agency and the CEMS operator
in assessing the effectiveness of the CEMS QA and QC procedures in
the maintenance of acceptable CEMS operation and valid emission
data.
    1.2  Principle. The QA procedures consist of two distinct and
equally important functions. One function is the assessment of the
quality of the CEMS data by estimating accuracy. The other function
is the control and improvement of the quality of the CEMS data by
implementing QC policies and corrective actions. These two functions
form a control loop. When the assessment function indicates that the
data quality is inadequate, the source must immediately stop burning
hazardous waste. The CEM data control effort must be increased until
the data quality is acceptable before hazardous waste burning can
resume.
    a. In order to provide uniformity in the assessment and
reporting of data quality, this procedure explicitly specifies the
assessment methods for response drift and accuracy. The methods are
based on procedures included in the applicable performance
specifications provided in appendix B to part 60 of this chapter.
These procedures also require the analysis of the EPA audit samples
concurrent with certain reference method (RM) analyses as specified
in the applicable RM's.
    b. Because the control and corrective action function
encompasses a variety of policies, specifications, standards, and
corrective measures, this procedure treats QC requirements in
general terms to allow each source owner or operator to develop a QC
system that is most effective and efficient for the circumstances.

2. Definitions

    2.1  Continuous Emission Monitoring System (CEMS). The total
equipment required for the determination of a pollutant
concentration. The system consists of the following major
subsystems:
    2.1.1  Sample Interface. That portion of the CEMS used for one
or more of the following: sample acquisition, sample transport, and
sample conditioning, or protection of the monitor from the effects
of the stack effluent.
    2.1.2  Pollutant Analyzer. That portion of the CEMS that senses
the pollutant concentration and generates a proportional output.
    2.1.3  Diluent Analyzer. That portion of the CEMS that senses
the diluent gas (O2) and generates an output proportional to the gas
concentration.
    2.1.4  Data Recorder. That portion of the CEMS that provides a
permanent record of the analyzer output. The data recorder may
provide automatic data reduction and CEMS control capabilities.
    2.2  Relative Accuracy (RA). The absolute mean difference
between the pollutant concentration determined by the CEMS and the
value determined by the reference method (RM) plus the 2.5 percent
error confidence coefficient of a series of test divided by the mean
of the RM tests or the applicable emission limit.
    2.3  Calibration Drift (CD). The difference in the CEMS output
readings from the established reference value after a stated period
of operation during which no unscheduled maintenance, repair, or
adjustment took place.
    2.4  Zero Drift (ZD). The difference in CEMS output readings at
the zero pollutant level after a stated period of operation during
which no unscheduled maintenance, repair, or adjustment took place.
    2.5  Calibration Standard. Calibration standards produce a known
and unchanging response when presented to the pollutant analyzer
portion of the CEMS, and are used to calibrate the drift or response
of the analyzer.
    2.6  Relative Accuracy Test Audit (RATA). Comparison of CEMS
measurements to reference method measurements in order to evaluate
relative accuracy following procedures and specification given in
the appropriate performance specification.
    2.7  Absolute Calibration Audit (ACA). Equivalent to calibration
error (CE) test defined in the appropriate performance specification
using NIST traceable calibration standards to challenge the CEMS and
assess accuracy.
    2.8  Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals. CEMS
other than carbon monoxide and total hydrocarbon CEMS may have
rolling averages calculated every hour from a one-hour average of at
least four measurements taken at intervals not exceeding 15 minutes.

c. QA/QC Requirements

    3.1  QC Requirements. a. Each owner or operator must develop and
implement a QC program. At a minimum, each QC program must include
written procedures describing in detail complete, step-by-step
procedures and operations for the following activities.
    1. Checks for component failures, leaks, and other abnormal
conditions.
    2. Calibration of CEMS.
    3. CD determination and adjustment of CEMS.
    4. Integration of CEMS with the automatic waste feed cutoff
(AWFCO) system.
    5. Preventive Maintenance of CEMS (including spare parts
inventory).
    6. Data recording, calculations, and reporting.
    7. Checks of record keeping.
    8. Accuracy audit procedures, including sampling and analysis
methods.
    9. Program of corrective action for malfunctioning CEMS.
    10. Operator training and certification.
    11. Maintaining and ensuring current certification or naming of
cylinder gasses, metal solutions, and particulate samples used for
audit and accuracy tests, daily checks, and calibrations.
    b. Whenever excessive inaccuracies occur for two consecutive
quarters, the current written procedures must be revised or the CEMS
modified or replaced to correct the deficiency causing the excessive
inaccuracies. These written procedures must be kept on record and
available for inspection by the enforcement agency.
    3.2  QA Requirements. Each source owner or operator must develop
and implement a QA plan that includes, at a minimum, the following.

[[Page 53069]]

    1. QA responsibilities (including maintaining records, preparing
reports, reviewing reports).
    2. Schedules for the daily checks, periodic audits, and
preventive maintenance.
    3. Check lists and data sheets.
    4. Preventive maintenance procedures.
    5. Description of the media, format, and location of all records
and reports.
    6. Provisions for a review of the CEMS data at least once a
year. Based on the results of the review, the owner or operator must
revise or update the QA plan, if necessary.

d. CD and ZD Assessment and Daily System Audit

    4.1  CD and ZD Requirement. Owners and operators must check,
record, and quantify the ZD and the CD at least once daily
(approximately 24 hours) in accordance with the method prescribed by
the manufacturer. The CEMS calibration must, at a minimum, be
adjusted whenever the daily ZD or CD exceeds the limits in the
Performance Specifications. If, on any given ZD and/or CD check the
ZD and/or CD exceed(s) two times the limits in the Performance
Specifications, or if the cumulative adjustment to the ZD and/or CD
(see Section 4.2) exceed(s) three times the limits in the
Performance Specifications, hazardous waste burning must immediately
cease and the CEMS must be serviced and recalibrated. Hazardous
waste burning cannot resume until the owner or operator documents
that the CEMS is in compliance with the Performance Specifications
by carrying out an ACA.
    4.2  Recording Requirements for Automatic ZD and CD Adjusting
Monitors. Monitors that automatically adjust the data to the
corrected calibration values must record the unadjusted
concentration measurement prior to resetting the calibration, if
performed, or record the amount of the adjustment.
    4.3  Daily System Audit. The audit must include a review of the
calibration check data, an inspection of the recording system, an
inspection of the control panel warning lights, and an inspection of
the sample transport and interface system (e.g., flowmeters,
filters, etc.) as appropriate.
    4.4  Data Recording and Reporting. All measurements from the
CEMS must be retained in the operating record for at least 5 years.

5. Performance Evaluation

    Carbon Monoxide (CO), Oxygen (O2), and Hydrocarbon
(HC) CEMS. An Absolute Calibration Audit (ACA) must be conducted
quarterly, and a Relative Accuracy Test Audit (RATA) (if applicable,
see sections 5.1 and 5.2) must be conducted yearly. An Interference
Response Tests must be performed whenever an ACA or a RATA is
conducted. When a performance test is also required under
Sec. 63.1207 to document compliance with emission standards, the
RATA must coincide with the performance test. The audits must be
conducted as follows.
    5.1  Relative Accuracy Test Audit (RATA). This requirement
applies to O2 and CO CEMS. The RATA must be conducted at
least yearly. Conduct the RATA as described in the RA test procedure
(or alternate procedures section) described in the applicable
Performance Specifications. In addition, analyze the appropriate
performance audit samples received from the EPA as described in the
applicable sampling methods.
    5.2  Absolute Calibration Audit (ACA). The ACA must be conducted
at least quarterly except in a quarter when a RATA (if applicable,
see section 5.1) is conducted instead. Conduct an ACA as described
in the calibration error (CE) test procedure described in the
applicable Performance Specifications.
    5.3  Interference Response Test. The interference response test
must be conducted whenever an ACA or RATA is conducted. Conduct an
interference response test as described in the applicable
Performance Specifications.
    5.4  Excessive Audit Inaccuracy. If the RA from the RATA or the
CE from the ACA exceeds the criteria in the applicable Performance
Specifications, hazardous waste burning must cease immediately.
Hazardous waste burning cannot resume until the owner or operator
takes corrective measures and audit the CEMS with a RATA to document
that the CEMS is operating within the specifications.

6. Other Requirements

    6.1  Performance Specifications. CEMS used by owners and
operators of HWCs must comply with the following performance
specifications in appendix B to part 60 of this chapter:

              Table I: Performance Specifications for CEMS
------------------------------------------------------------------------
                                                            Performance
                           CEMS                            specification
------------------------------------------------------------------------
Carbon monoxide..........................................          4B
Oxygen...................................................          4B
Total hydrocarbons.......................................          8A
------------------------------------------------------------------------

    6.2  Downtime due to Calibration. Facilities may continue to
burn hazardous waste for a maximum of 20 minutes while calibrating
the CEMS. If all CEMS are calibrated at once, the facility must have
twenty minutes to calibrate all the CEMS. If CEMS are calibrated
individually, the facility must have twenty minutes to calibrate
each CEMS. If the CEMS are calibrated individually, other CEMS must
be operational while the individual CEMS is being calibrated.
    6.3  Span of the CEMS.
    6.3.1  CO CEMS. The CO CEM must have two ranges, a low range
with a span of 200 ppmv and a high range with a span of 3000 ppmv at
an oxygen correction factor of 1. A one-range CEM may be used, but
it must meet the performance specifications for the low range in the
specified span of the low range.
    6.3.2  O2 CEMS. The O2 CEM must have a
span of 25 percent. The span may be higher than 25 percent if the
O2 concentration at the sampling point is greater than 25
percent.
    6.3.3  HC CEMS. The HC CEM must have a span of 100 ppmv,
expressed as propane, at an oxygen correction factor of 1.
    6.3.4  CEMS Span Values. When the Oxygen Correction Factor is
Greater than 2. When an owner or operator installs a CEMS at a
location of high ambient air dilution, i.e., where the maximum
oxygen correction factor as determined by the permitting agency is
greater than 2, the owner or operator must install a CEM with a
lower span(s), proportionate to the larger oxygen correction factor,
than those specified above.
    6.3.5  Use of Alternative Spans. Owner or operators may request
approval to use alternative spans and ranges to those specified.
Alternate spans must be approved in writing in advance by the
Administrator. In considering approval of alternative spans and
ranges, the Administrator will consider that measurements beyond the
span will be recorded as values at the maximum span for purposes of
calculating rolling averages.
    6.3.6  Documentation of Span Values. The span value must be
documented by the CEMS manufacturer with laboratory data.
    6.4.1  Moisture Correction. Method 4 of appendix A, part 60 of
this chapter, must be used to determine moisture content of the
stack gasses.
    6.4.2  Oxygen Correction Factor. Measured pollutant levels must
be corrected for the amount of oxygen in the stack according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.022

Where:
Pc = concentration of the pollutant or standard corrected
to 7 percent oxygen, dry basis;
Pm = measured concentration of the pollutant, dry basis;
E = volume fraction of oxygen in the combustion air fed into the
device, on a dry basis (normally 21 percent or 0.21 if only air is
fed);
Y = measured fraction of oxygen on a dry basis at the sampling
point.

    The oxygen correction factor is:
    [GRAPHIC] [TIFF OMITTED] TR30SE99.023

    6.4.3  Temperature Correction. Correction values for temperature
are obtainable from standard reference materials.
    6.5  Rolling Average. A rolling average is the arithmetic
average of all one-minute averages over the averaging period.
    6.5.1  One-Minute Average for CO and HC CEMS and Operating
Parameter Limits. One-minute averages are the arithmetic average of
the four most recent 15-second observations and must be calculated
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.024

Where:

c = the one minute average
ci = a fifteen-second observation from the CEM

    Fifteen second observations must not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a

[[Page 53070]]

result of a failure in the CEMS and allowed in the source's quality
assurance plan at the time of the CMS failure. One-minute averages
must not be rounded, smoothed, or disregarded.
    6.5.2  Ten Minute Rolling Average Equation. The ten minute
rolling average must be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30SE99.025

Where:

CRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average

    6.5.3  Hourly Rolling Average Equation for CO and THC CEMS and
Operating Parameter Limits. The rolling average, based on a specific
number integer of hours, must be calculated using the following
equation:

[GRAPHIC] [TIFF OMITTED] TR30SE99.026

Where:

cRA = The concentration of the standard, expressed as a
rolling average
ci = a one minute average

    6.5.4  Averaging Periods for CEMS other than CO and THC. The
averaging period for CEMS other than CO and THC CEMS must be
calculated as a rolling average of all one-hour values over the
averaging period. An hourly average is comprised of 4 measurements
taken at equally spaced time intervals, or at most every 15 minutes.
Fewer than 4 measurements might be available within an hour for
reasons such as facility downtime or CEMS calibration. If at least
two measurements (30 minutes of data) are available, an hourly
average must be calculated. The n-hour rolling average is calculated
by averaging the n most recent hourly averages.
    6.6  Units of the Standards for the Purposes of Recording and
Reporting Emissions. Emissions must be recorded and reported
expressed after correcting for oxygen, temperature, and moisture.
Emissions must be reported in metric, but may also be reported in
the English system of units, at 7 percent oxygen, 20 deg.C, and on a
dry basis.
    6.7  Rounding and Significant Figures. Emissions must be rounded
to two significant figures using ASTM procedure E-29-90 or its
successor. Rounding must be avoided prior to rounding for the
reported value.

7. Bibliography

    1. 40 CFR Part 60, Appendix F, ``Quality Assurance Procedures:
Procedure 1. Quality Assurance Requirements for Gas Continuous
Emission Monitoring Systems Used For Compliance Determination''.

Subpart LLL--National Emission Standards for Hazardous Air
Pollutants From the Portland Cement Manufacturing Industry

    3. Section 63.1350 is amended by revising paragraph (k) to read as
follows:

Sec. 63.1350  Monitoring requirements.

* * * * *
    (k) The owner or operator of an affected source subject to a
particulate matter standard under Sec. 63.1343 shall install,
calibrate, maintain, and operate a particulate matter continuous
emission monitoring system (PM CEMS) to measure the particulate matter
discharged to the atmosphere. All requirements relating to
installation, calibration, maintenance, operation or performance of the
PM CEMS and implementation of the PM CEMS requirement are deferred
pending further rulemaking.
* * * * *

PART 260--HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

    1. The authority citation for part 260 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921-6927, 6930, 6934, 6935,
6937, 6938, 6939, and 6974.

Subpart B--Definitions

    2. Section 260.10 is amended by adding definitions in alphabetical
order to read as follows:

Sec. 260.10  Definitions.

* * * * *
    Dioxins and furans (D/F) means tetra, penta, hexa, hepta, and octa-
chlorinated dibenzo dioxins and furans.
* * * * *
    TEQ means toxicity equivalence, the international method of
relating the toxicity of various dioxin/furan congeners to the toxicity
of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
* * * * *

PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

    1. The authority citation for part 261 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and
6938.

    2. Section 261.38 is amended by revising Table 1 to read as
follows:

Sec. 261.38  Comparable/Syngas Fuel Exclusion.

* * * * *

        Table 1 to Sec.  261.38.--Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
                                                                                                        Minimum
                                                                   Composite   Heating  Concentration   required
                   Chemical name                        CAS No.      value      value   limit  (mg/kg  detection
                                                                    (mg/kg)   (BTU/lb)  at 10,000 BTU/ limit (mg/
                                                                                             lb)          kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................            NA       9000     18400      4900       .........
Total Halogens as Cl...............................            NA       1000     18400       540       .........
Total Organic Halogens as Cl.......................            NA  .........  ........     (\1\)       .........
Polychlorinated biphenyls, total [Arocolors, total]     1336-36-3         ND  ........        ND             1.4
Cyanide, total.....................................       57-12-5         ND  ........        ND             1.0
Metals:
    Antimony, total................................   7440-36-012         ND  ........         0.23    .........
    Arsenic, total.................................     7440-38-2         ND  ........         0.23    .........
    Barium, total..................................     7440-39-3         ND  ........        23       .........
    Beryllium, total...............................     7440-41-7         ND  ........         1.2     .........
    Cadmium, total.................................     7440-43-9  .........        ND  .............        1.2
    Chromium, total................................     7440-47-3         ND  ........         2.3     .........
    Cobalt.........................................     7440-48-4         ND  ........         4.6     .........
    Lead, total....................................     7439-92-1         57     18100        31       .........
    Manganese......................................     7439-96-5         ND  ........         1.2     .........
    Mercury, total.................................     7439-97-6         ND  ........         0.25    .........
    Nickel, total..................................     7440-02-0        106     18400        58       .........
    Selenium, total................................     7782-49-2         ND  ........         0.23    .........

[[Page 53071]]

    Silver, total..................................     7440-22-4         ND  ........         2.3     .........
    Thallium, total................................     7440-28-0         ND  ........        23       .........
Hydrocarbons:
    Benzo[a]anthracene.............................       56-55-3         ND  ........      2400       .........
    Benzene........................................       71-43-2       8000     19600      4100       .........
    Benzo[b]fluoranthene...........................      205-99-2         ND  ........      2400       .........
    Benzo[k]fluoranthene...........................      207-08-9         ND  ........      2400       .........
    Benzo[a]pyrene.................................       50-32-8         ND  ........      2400       .........
    Chrysene.......................................      218-01-9         ND  ........      2400       .........
    Dibenzo[a,h]anthracene.........................       53-70-3         ND  ........      2400       .........
    7,12-Dimethylbenz[a]anthracene.................       57-97-6         ND  ........      2400       .........
    Fluoranthene...................................      206-44-0         ND  ........      2400       .........
    Indeno(1,2,3-cd)pyrene.........................      193-39-5         ND  ........      2400       .........
    3-Methylcholanthrene...........................       56-49-5         ND  ........      2400       .........
    Naphthalene....................................       91-20-3       6200     19400      3200       .........
    Toluene........................................      108-88-3      69000     19400     36000       .........
Oxygenates:
    Acetophenone...................................       98-86-2         ND  ........      2400       .........
    Acrolein.......................................      107-02-8         ND  ........        39       .........
    Allyl alcohol..................................      107-18-6         ND  ........        30       .........
    Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl          117-81-7         ND  ........      2400       .........
     phthalate]....................................
    Butyl benzyl phthalate.........................       85-68-7         ND  ........      2400       .........
    o-Cresol [2-Methyl phenol].....................       95-48-7         ND  ........      2400       .........
    m-Cresol [3-Methyl phenol].....................      108-39-4         ND  ........      2400       .........
    p-Cresol [4-Methyl phenol].....................      106-44-5         ND  ........      2400       .........
    Di-n-butyl phthalate...........................       84-74-2         ND  ........      2400       .........
    Diethyl phthalate..............................       84-66-2         ND  ........      2400       .........
    2,4-Dimethylphenol.............................      105-67-9         ND  ........      2400       .........
    Dimethyl phthalate.............................      131-11-3         ND  ........      2400       .........
    Di-n-octyl phthalate...........................      117-84-0         ND  ........      2400       .........
    Endothall......................................      145-73-3         ND  ........       100       .........
    Ethyl methacrylate.............................       97-63-2         ND  ........        39       .........
    2-Ethoxyethanol [Ethylene glycol monoethyl           110-80-5         ND  ........       100       .........
     ether]........................................
    Isobutyl alcohol...............................       78-83-1         ND  ........        39       .........
    Isosafrole.....................................      120-58-1         ND  ........      2400       .........
    Methyl ethyl ketone [2-Butanone]...............       78-93-3         ND  ........        39       .........
    Methyl methacrylate............................       80-62-6         ND  ........        39       .........
    1,4-Naphthoquinone.............................      130-15-4         ND  ........      2400       .........
    Phenol.........................................      108-95-2         ND  ........      2400       .........
    Propargyl alcohol [2-Propyn-1-ol]..............      107-19-7         ND  ........        30       .........
    Safrole........................................       94-59-7         ND  ........      2400       .........
Sulfonated Organics:
    Carbon disulfide...............................       75-15-0         ND  ........        ND            39
    Disulfoton.....................................      298-04-4         ND  ........        ND          2400
    Ethyl methanesulfonate.........................       62-50-0         ND  ........        ND          2400
    Methyl methanesulfonate........................       66-27-3         ND  ........        ND          2400
    Phorate........................................      298-02-2         ND  ........        ND          2400
    1,3-Propane sultone............................     1120-71-4         ND  ........        ND           100

[[Page 53072]]

    Tetraethyldithiopyrophosphate [Sulfotepp]......     3689-24-5         ND  ........        ND          2400
    Thiophenol [Benzenethiol]......................      108-98-5         ND  ........        ND            30
    O,O,O-Triethyl phosphorothioate................      126-68-1         ND  ........        ND          2400
Nitrogenated Organics:
    Acetonitrile [Methyl cyanide]..................       75-05-8         ND  ........        ND            39
    2-Acetylaminofluorene [2-AAF]..................       53-96-3         ND  ........        ND          2400
    Acrylonitrile..................................      107-13-1         ND  ........        ND            39
    4-Aminobiphenyl................................       92-67-1         ND  ........        ND          2400
    4-Aminopyridine................................      504-24-5         ND  ........        ND           100
    Aniline........................................       62-53-3         ND  ........        ND          2400
    Benzidine......................................       92-87-5         ND  ........        ND          2400
    Dibenz[a,j]acridine............................      224-42-0         ND  ........        ND          2400
    O,O-Diethyl O-pyrazinyl phosphorothioate             297-97-2         ND  ........        ND          2400
     [Thionazin]...................................
    Dimethoate.....................................       60-51-5         ND  ........        ND          2400
    p-(Dimethylamino) azobenzene [4-Dime                  60-11-7         ND  ........        ND          2400
     thylaminoazobenzene]..........................
    3,3'-Dimethylbenzidine.........................      119-93-7         ND  ........        ND          2400
    ,-Dimethylphenethylamine.....      122-09-8         ND  ........        ND          2400
    3,3'-Dimethoxybenzidine........................      119-90-4         ND  ........        ND           100
    1,3-Dinitrobenzene [m-Dinitrobenzene]..........       99-65-0         ND  ........        ND          2400
    4,6-Dinitro-o-cresol...........................      534-52-1         ND  ........        ND          2400
    2,4-Dinitrophenol..............................       51-28-5         ND  ........        ND          2400
    2,4-Dinitrotoluene.............................      121-14-2         ND  ........        ND          2400
    2,6-Dinitrotoluene.............................      606-20-2         ND  ........        ND          2400
    Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........       88-85-7         ND  ........        ND          2400
    Diphenylamine..................................      122-39-4         ND  ........        ND          2400
    Ethyl carbamate [Urethane].....................       51-79-6         ND  ........        ND           100
    Ethylenethiourea (2-Imidazolidinethione).......       96-45-7         ND  ........        ND           110
    Famphur........................................       52-85-7         ND  ........        ND          2400
    Methacrylonitrile..............................      126-98-7         ND  ........        ND            39
    Methapyrilene..................................       91-80-5         ND  ........        ND          2400
    Methomyl.......................................    16752-77-5         ND  ........        ND            57
    2-Methyllactonitrile, [Acetone cyanohydrin]....       75-86-5         ND  ........        ND           100
    Methyl parathion...............................      298-00-0         ND  ........        ND          2400
    MNNG (N-Metyl-N-nitroso-N'-nitroguanidine).....       70-25-7         ND  ........        ND           110
    1-Naphthylamine, [-Naphthylamine].....      134-32-7         ND  ........        ND          2400
    2-Naphthylamine, [-Naphthylamine].....       91-59-8         ND  ........        ND          2400
    Nicotine.......................................       54-11-5         ND  ........        ND           100
    4-Nitroaniline, [p-Nitroaniline]...............      100-01-6         ND  ........        ND          2400
    Nitrobenzene...................................       98-95-3         ND  ........        ND          2400
    p-Nitrophenol, [p-Nitrophenol].................      100-02-7         ND  ........        ND          2400
    5-Nitro-o-toluidine............................       99-55-8         ND  ........        ND          2400
    N-Nitrosodi-n-butylamine.......................      924-16-3         ND  ........        ND          2400
    N-Nitrosodiethylamine..........................       55-18-5         ND  ........        ND          2400
    N-Nitrosodiphenylamine, [Diphenylnitrosamine]..       86-30-6         ND  ........        ND          2400
    N-Nitroso-N-methylethylamine...................    10595-95-6         ND  ........        ND          2400
    N-Nitrosomorpholine............................       59-89-2         ND  ........        ND          2400
    N-Nitrosopiperidine............................      100-75-4         ND  ........        ND          2400
    N-Nitrosopyrrolidine...........................      930-55-2         ND  ........        ND          2400
    2-Nitropropane.................................       79-46-9         ND  ........        ND            30
    Parathion......................................       56-38-2         ND  ........        ND          2400
    Phenacetin.....................................       62-44-2         ND  ........        ND          2400
    1,4-Phenylene diamine, [p-Phenylenediamine]....      106-50-3         ND  ........        ND          2400
    N-Phenylthiourea...............................      103-85-5         ND  ........        ND            57
    2-Picoline [alpha-Picoline]....................      109-06-8         ND  ........        ND          2400
    Propylthioracil, [6-Propyl-2-thiouracil].......       51-52-5         ND  ........        ND           100
    Pyridine.......................................      110-86-1         ND  ........        ND       24004700

[[Page 53073]]

    Strychnine.....................................       57-24-9         ND  ........        ND           100
    Thioacetamide..................................       62-55-5         ND  ........        ND            57
    Thiofanox......................................    39196-18-4         ND  ........        ND           100
    Thiourea.......................................       62-56-6         ND  ........        ND            57
    Toluene-2,4-diamine [2,4-Diaminotoluene].......       95-80-7         ND  ........        ND            57
    Toluene-2,6-diamine [2,6-Diaminotoluene].......      823-40-5         ND  ........        ND            57
    o-Toluidine....................................       95-53-4         ND  ........        ND          2400
    p-Toluidine....................................      106-49-0         ND  ........        ND           100
    1,3,5-Trinitrobenzene, [sym-Trinitobenzene]....       99-35-4         ND  ........        ND          2400
Halogenated Organic:
    Allyl chloride.................................      107-05-1         ND  ........        ND            39
    Aramite........................................      140-57-8         ND  ........        ND          2400
    Benzal chloride [Dichloromethyl benzene].......       98-87-3         ND  ........        ND           100
    Benzyl chloride................................     100-44-77         ND  ........        ND           100
    bis(2-Chloroethyl)ether [Dichoroethyl ether]...      111-44-4         ND  ........        ND          2400
    Bromoform [Tribromomethane]....................       75-25-2         ND  ........        ND            39
    Bromomethane [Methyl bromide]..................       74-83-9         ND  ........        ND            39
    4-Bromophenyl phenyl ether [p-Bromo diphenyl         101-55-3         ND  ........        ND          2400
     ether]........................................
    Carbon tetrachloride...........................       56-23-5         ND  ........        ND            39
    Chlordane......................................       57-74-9         ND  ........        ND            14
    p-Chloroaniline................................      106-47-8         ND  ........        ND          2400
    Chlorobenzene..................................      108-90-7         ND  ........        ND            39
    Chlorobenzilate................................      510-15-6         ND  ........        ND          2400
    p-Chloro-m-cresol..............................       59-50-7         ND  ........        ND          2400
    2-Chloroethyl vinyl ether......................      110-75-8         ND  ........        ND            39
    Chloroform.....................................       67-66-3         ND  ........        ND            39
    Chloromethane [Methyl chloride]................       74-87-3         ND  ........        ND        394700
    2-Chloronaphthalene [beta-Chloronaphthalene]...       91-58-7         ND  ........        ND          2400
    2-Chlorophenol [o-Chlorophenol]................       95-57-8         ND  ........        ND          2400
    Chloroprene [2-Chloro-1,3-butadiene]...........     1126-99-8         ND  ........        ND            39
    2,4-D [2,4-Dichlorophenoxyacetic acid].........       94-75-7         ND  ........        ND             7.0
    Diallate.......................................     2303-16-4         ND  ........        ND          2400
    1,2-Dibromo-3-chloropropane....................       96-12-8         ND  ........        ND            39
    1,2-Dichlorobenzene [o-Dichlorobenzene]........       95-50-1         ND  ........        ND          2400
    1,3-Dichlorobenzene [m-Dichlorobenzene]........      541-73-1         ND  ........        ND          2400
    1,4-Dichlorobenzene [p-Dichlorobenzene]........      106-46-7         ND  ........        ND          2400
    3,3'-Dichlorobenzidine.........................       91-94-1         ND  ........        ND          2400
    Dichlorodifluoromethane [CFC-12]...............       75-71-8         ND  ........        ND            39
    1,2-Dichloroethane [Ethylene dichloride].......      107-06-2         ND  ........        ND            39
    1,1-Dichloroethylene [Vinylidene chloride].....       75-35-4         ND  ........        ND            39
    Dichloromethoxy ethane [Bis(2-                       111-91-1         ND  ........        ND          2400
     chloroethoxy)methane..........................
    2,4-Dichlorophenol.............................      120-83-2         ND  ........        ND          2400
    2,6-Dichlorophenol.............................       87-65-0         ND  ........        ND          2400
    1,2-Dichloropropane [Propylene dichloride].....       78-87-5         ND  ........        ND            39
    cis-1,3-Dichloropropylene......................    10061-01-5         ND  ........        ND            39
    trans-1,3-Dichloropropylene....................    10061-02-6         ND  ........        ND            39
    1,3-Dichloro-2-propanol........................       96-23-1         ND  ........        ND            30
    Endosulfan I...................................      959-98-8         ND  ........        ND             1.4
    Endosulfan II..................................    33213-65-9         ND  ........        ND             1.4
    Endrin.........................................       72-20-8         ND  ........        ND             1.44700

[[Page 53074]]

    Endrin aldehyde................................     7421-93-4         ND  ........        ND             1.4
    Endrin Ketone..................................    53494-70-5         ND  ........        ND             1.4
    Epichlorohydrin [1-Chloro-2,3-epoxy propane]...      106-89-8         ND  ........        ND            30
    Ethylidene dichloride [1,1-Dichloroethane].....       75-34-3         ND  ........        ND            39
    2-Fluoroacetamide..............................      640-19-7         ND  ........        ND           100
    Heptachlor.....................................       76-44-8         ND  ........        ND             1.4
    Heptachlor epoxide.............................     1024-57-3         ND  ........        ND             2.8
    Hexachlorobenzene..............................      118-74-1         ND  ........        ND          2400
    Hexachloro-1,3-butadiene [Hexachlorobutadiene].       87-68-3         ND  ........        ND          2400
    Hexachlorocyclopentadiene......................       77-47-4         ND  ........        ND          2400
    Hexachloroethane...............................       67-72-1         ND  ........        ND          2400
    Hexachlorophene................................       70-30-4         ND  ........        ND         59000
    Hexachloropropene [Hexachloropropylene]........     1888-71-7         ND  ........        ND          2400
    Isodrin........................................      465-73-6         ND  ........        ND          2400
    Kepone [Chlordecone]...........................      143-50-0         ND  ........        ND          4700
    Lindane [gamma-BHC] [gamma-                           58-89-9         ND  ........        ND             1.4
     Hexachlorocyclohexane]........................
    Methylene chloride [Dichloromethane]...........       75-09-2         ND  ........        ND            39
    4,4'-Methylene-bis(2-chloroaniline)............      101-14-4         ND  ........        ND           100
    Methyl iodide [Iodomethane]....................       74-88-4         ND  ........        ND            39
    Pentachlorobenzene.............................      608-93-5         ND  ........        ND          2400
    Pentachloroethane..............................       76-01-7         ND  ........        ND            39
    Pentachloronitrobenzene [PCNB] [Quintobenzene]        82-68-8         ND  ........        ND          2400
     [Quintozene]..................................
    Pentachlorophenol..............................       87-86-5         ND  ........        ND          2400
    Pronamide......................................    23950-58-5         ND  ........        ND          2400
    Silvex [2,4,5-Trichlorophenoxypropionic acid]..       93-72-1         ND  ........        ND             7.0
    2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-       1746-01-6         ND  ........        ND            30
     TCDD].........................................
    1,2,4,5-Tetrachlorobenzene.....................       95-94-3         ND  ........        ND          2400
    1,1,2,2-Tetrachloroethane......................       79-34-5         ND  ........        ND            39
    Tetrachloroethylene [Perchloroethylene]........      127-18-4         ND  ........        ND            39
    2,3,4,6-Tetrachlorophenol......................       58-90-2         ND  ........        ND          2400
    1,2,4-Trichlorobenzene.........................      120-82-1         ND  ........        ND          2400
    1,1,1-Trichloroethane [Methyl chloroform]......       71-55-6         ND  ........        ND            39
    1,1,2-Trichloroethane [Vinyl trichloride]......       79-00-5         ND  ........        ND            39
    Trichloroethylene..............................       79-01-6         ND  ........        ND            39
    Trichlorofluoromethane                                75-69-4         ND  ........        ND            39
     [Trichlormonofluoromethane]...................
    2,4,5-Trichlorophenol..........................       95-95-4         ND  ........        ND          2400
    2,4,6-Trichlorophenol..........................       88-06-2         ND  ........        ND          2400
    1,2,3-Trichloropropane.........................       96-18-4         ND  ........        ND            39
    Vinyl Chloride.................................       75-01-4         ND  ........        ND           39
----------------------------------------------------------------------------------------------------------------
Notes:
NA--Not Applicable.
ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.

* * * * *

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 264 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.

    2. Section 264.340 is amended by redesignating paragraphs (b), (c),
and (d) as paragraphs (c), (d), and (e), respectively, and adding
paragraph (b), to read as follows:

Sec. 264.340  Applicability.

* * * * *
    (b) Integration of the MACT standards. (1) Except as provided by
paragraph (b)(2) of this section, the standards of this part no longer
apply when an owner or operator demonstrates compliance with the
maximum achievable control technology (MACT) requirements of part 63,
subpart EEE of this chapter by conducting a comprehensive performance
test and submitting to the Administrator a Notification of Compliance
under Secs. 63.1207(j) and 63.1210(d) of this chapter documenting
compliance with the requirements of subpart EEE of part 63 of this
Chapter. Nevertheless, even after this demonstration of compliance with
the MACT standards, RCRA permit conditions that were based on the
standards of this part will continue to be in effect until they are
removed from the permit or the permit is terminated or revoked, unless
the permit expressly provides otherwise.
    (2) The MACT standards do not replace the closure requirements of
Sec. 264.351 or the applicable requirements of subparts A through H, BB
and CC of this part.
* * * * *
    3. Section 264.601 is amended by revising the introductory text to
read as follows:

Sec. 264.601  Environmental performance standards.

    A miscellaneous unit must be located, designed, constructed,
operated,

[[Page 53075]]

maintained, and closed in a manner that will ensure protection of human
health and the environment. Permits for miscellaneous units are to
contain such terms and provisions as necessary to protect human health
and the environment, including, but not limited to, as appropriate,
design and operating requirements, detection and monitoring
requirements, and requirements for responses to releases of hazardous
waste or hazardous constituents from the unit. Permit terms and
provisions must include those requirements of subparts I through O and
subparts AA through CC of this part, part 270, part 63 subpart EEE, and
part 146 of this chapter that are appropriate for the miscellaneous
unit being permitted. Protection of human health and the environment
includes, but is not limited to:
* * * * *

PART 265--INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

    1. The authority citation for part 265 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6906, 6912, 6922, 6923, 6924, 6925,
6935, 6936 and 6937.

    2. Section 265.340 is amended by redesignating paragraph (b) as
paragraph (c), and adding paragraph (b), to read as follows:

Sec. 265.340  Applicability.

* * * * *
    (b) Integration of the MACT standards. (1) Except as provided by
paragraph (b)(2) of this section, the standards of this part no longer
apply when an owner or operator demonstrates compliance with the
maximum achievable control technology (MACT) requirements of part 63,
subpart EEE, of this chapter by conducting a comprehensive performance
test and submitting to the Administrator a Notification of Compliance
under Secs. 63.1207(j) and 63.1210(d) of this chapter documenting
compliance with the requirements of part 63, subpart EEE of this
chapter.
    (2) The following requirements continue to apply even where the
owner or operator has demonstrated compliance with the MACT
requirements of part 63, subpart EEE of this chapter: Sec. 265.351
(closure) and the applicable requirements of subparts A through H, BB
and CC of this part.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

    1. The authority citation for part 266 continues to read as
follows:

    Authority: Secs. 1006, 2002 (a), 3004, 6905, 6906, 6912, 6922,
6924, 6925, and 6937.

    2. Section 266.100 is amended by redesignating paragraphs (b), (c),
(d), (e), and (f) as paragraphs (c), (d), (e), (f), and (g), adding
paragraph (b), revising introductory text to newly designated paragraph
(d)(1), revising the introductory text to newly designated paragraph
(d)(3), and adding paragraph (h), to read as follows:

Sec. 266.100  Applicability.

* * * * *
    (b) Integration of the MACT standards. (1) Except as provided by
paragraph (b)(2) of this section, the standards of this part no longer
apply when an affected source demonstrates compliance with the maximum
achievable control technology (MACT) requirements of part 63, subpart
EEE, of this chapter by conducting a comprehensive performance test and
submitting to the Administrator a Notification of Compliance under
Secs. 63.1207(j) and 63.1210(d) of this chapter documenting compliance
with the requirements of subpart EEE. Nevertheless, even after this
demonstration of compliance with the MACT standards, RCRA permit
conditions that were based on the standards of this part will continue
to be in effect until they are removed from the permit or the permit is
terminated or revoked, unless the permit expressly provides otherwise.
    (2) The following standards continue to apply:
    (i) The closure requirements of Secs. 266.102(e)(11) and
266.103(l);
    (ii) The standards for direct transfer of Sec. 266.111;
    (iii) The standards for regulation of residues of Sec. 266.212; and
    (iv) The applicable requirements of subparts A through H, BB and CC
of parts 264 and 265 of this chapter.
* * * * *
    (d) * * *
    (1) To be exempt from Secs. 266.102 through 266.111, an owner or
operator of a metal recovery furnace or mercury recovery furnace must
comply with the following requirements, except that an owner or
operator of a lead or a nickel-chromium recovery furnace, or a metal
recovery furnace that burns baghouse bags used to capture metallic
dusts emitted by steel manufacturing, must comply with the requirements
of paragraph (d)(3) of this section, and owners or operators of lead
recovery furnaces that are subject to regulation under the Secondary
Lead Smelting NESHAP must comply with the requirements of paragraph (h)
of this section.
* * * * *
    (3) To be exempt from Secs. 266.102 through 266.111, an owner or
operator of a lead or nickel-chromium or mercury recovery furnace,
except for owners or operators of lead recovery furnaces subject to
regulation under the Secondary Lead Smelting NESHAP,
* * * * *
    (h) Starting June 23, 1997, owners or operators of lead recovery
furnaces that process hazardous waste for recovery of lead and that are
subject to regulation under the Secondary Lead Smelting NESHAP, are
conditionally exempt from regulation under this subpart, except for
Sec. 266.101. To be exempt, an owner or operator must provide a one-
time notice to the Director identifying each hazardous waste burned and
specifying that the owner or operator claims an exemption under this
paragraph. The notice also must state that the waste burned has a total
concentration of non-metal compounds listed in part 261, appendix VIII,
of this chapter of less than 500 ppm by weight, as fired and as
provided in paragraph (d)(2)(i) of this section, or is listed in
appendix XI to this part 266.
    3. Section 266.101 is amended by revising paragraph (c)(1) to read
as follows:

Sec. 266.101  Management prior to burning.

* * * * *
    (c) Storage and treatment facilities. (1) Owners and operators of
facilities that store or treat hazardous waste that is burned in a
boiler or industrial furnace are subject to the applicable provisions
of parts 264, 265, and 270 of this chapter, except as provided by
paragraph (c)(2) of this section. These standards apply to storage and
treatment by the burner as well as to storage and treatment facilities
operated by intermediaries (processors, blenders, distributors, etc.)
between the generator and the burner.
* * * * *
    4. Section 266.105 is amended by redesignating paragraph (c) as
paragraph (d) and adding paragraph (c), to read as follows:

Sec. 266.105  Standards to control particulate matter.

* * * * *

[[Page 53076]]

    (c) Oxygen correction. (1) Measured pollutant levels must be
corrected for the amount of oxygen in the stack gas according to the
formula:
[GRAPHIC] [TIFF OMITTED] TR30SE99.027

Where:
Pc is the corrected concentration of the pollutant in the stack gas, Pm
is the measured concentration of the pollutant in the stack gas, E is
the oxygen concentration on a dry basis in the combustion air fed to
the device, and Y is the measured oxygen concentration on a dry basis
in the stack.

    (2) For devices that feed normal combustion air, E will equal 21
percent. For devices that feed oxygen-enriched air for combustion (that
is, air with an oxygen concentration exceeding 21 percent), the value
of E will be the concentration of oxygen in the enriched air.
    (3) Compliance with all emission standards provided by this subpart
must be based on correcting to 7 percent oxygen using this procedure.
* * * * *
    5. Section 266.112, paragraph (b)(1) introductory text is amended
by adding a sentence at the end and paragraph (b)(2)(i) is revised to
read as follows:

Sec. 266.112  Regulation of residues.

* * * * *
    (b) * * *
    (1) * * * For polychlorinated dibenzo-p-dioxins and polychlorinated
dibenzo-furans, analyses must be performed to determine specific
congeners and homologues, and the results converted to 2,3,7,8-TCDD
equivalent values using the procedure specified in section 4.0 of
appendix IX of this part.
* * * * *
    (2) * * *
    (i) Nonmetal constituents. The concentration of each nonmetal toxic
constituent of concern (specified in paragraph (b)(1) of this section)
in the waste-derived residue must not exceed the health-based level
specified in appendix VII of this part, or the level of detection
(using analytical procedures prescribed in SW-846), whichever is
higher. If a health-based limit for a constituent of concern is not
listed in appendix VII of this part, then a limit of 0.002 micrograms
per kilogram or the level of detection (using analytical procedures
contained in SW-846, or other appropriate methods), whichever is
higher, must be used. The levels specified in appendix VII of this part
(and the default level of 0.002 micrograms per kilogram or the level of
detection for constituents as identified in Note 1 of appendix VII of
this paragraph) are administratively stayed under the condition, for
those constituents specified in paragraph (b)(1) of this section, that
the owner or operator complies with alternative levels defined as the
land disposal restriction limits specified in Sec. 268.43 of this
chapter for F039 nonwastewaters. In complying with those alternative
levels, if an owner or operator is unable to detect a constituent
despite documenting use of best good-faith efforts as defined by
applicable Agency guidance or standards, the owner or operator is
deemed to be in compliance for that constituent. Until new guidance or
standards are developed, the owner or operator may demonstrate such
good faith efforts by achieving a detection limit for the constituent
that does not exceed an order of magnitude above the level provided by
Sec. 268.43 of this chapter for F039 nonwastewaters. In complying with
the Sec. 268.43 of this chapter F039 nonwastewater levels for
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans,
analyses must be performed for total hexachlorodibenzo-p-dioxins, total
hexachlorodibenzofurans, total pentachlorodibenzo-p-dioxins, total
pentachlorodibenzofurans, total tetrachlorodibenzo-p-dioxins, and total
tetrachlorodibenzofurans.

    Note to this paragraph: The administrative stay, under the
condition that the owner or operator complies with alternative
levels defined as the land disposal restriction limits specified in
Sec. 268.43 of this chapter for F039 nonwastewaters, remains in
effect until further administrative action is taken and notice is
published in the Federal Register and the Code of Federal
Regulations.
* * * * *
    6. Appendix VIII to part 266 is revised to read as follows:

Appendix VIII To Part 266.--Organic Compounds for Which Residues Must Be
                                Analyzed
------------------------------------------------------------------------
                 Volatiles                          Semivolatiles
------------------------------------------------------------------------
Benzene...................................  Bis(2-ethylhexyl)phthalate
Toluene...................................  Naphthalene
Carbon tetrachloride......................  Phenol
Chloroform................................  Diethyl phthalate
Methylene chloride........................  Butyl benzyl phthalate
Trichloroethylene.........................  2,4-Dimethylphenol
Tetra chloroethylene......................  o-Dichlorobenzene
1,1,1-Trichloroethane.....................  m-Dichlorobenzene
Chlorobenzene.............................  p-Dichlorobenzene
cis-1,4-Dichloro-2-butene.................  Hexachlorobenzene
Bromochloromethane........................  2,4,6-Trichlorophenol
Bromodichloromethane......................  Fluoranthene
Bromoform.................................  o-Nitrophenol
Bromomethane..............................  1,2,4-Trichlorobenzene
Methylene bromide.........................  o-Chlorophenol
Methyl ethyl ketone.......................  Pentachlorophenol
                                            Pyrene
                                            Dimethyl phthalate
                                            Mononitrobenzene
                                            2,6-Toluene diisocyanate
                                            Polychlorinated dibenzo-p-
                                             dioxins \1\
                                            Plychlorinated dibenzo-
                                             furans \1\
------------------------------------------------------------------------
\1\ Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated
  dibenzo-furans are required only for residues collected from areas
  downstream of the combustion chamber (e.g., ductwork, boiler tubes,
  heat exchange surfaces, air pollution control devices, etc.).

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM

    1. The authority citation for part 270 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.

    2. Section 270.19 is amended by revising the introductory text and
adding paragraph (e) to read as follows:

Sec. 270.19  Specific part B information requirements for incinerators.

* * * * *
    Except as Sec. 264.340 of this Chapter and Sec. 270.19(e) provide
otherwise, owners and operators of facilities that incinerate hazardous
waste must fulfill the requirements of paragraphs (a), (b), or (c) of
this section.
* * * * *
    (e) When an owner or operator demonstrates compliance with the air
emission standards and limitations in 40 CFR part 63, subpart EEE, of
this chapter (i.e., by conducting a comprehensive performance test and
submitting a Notification of Compliance), the requirements of this
section do not apply. Nevertheless, the Director may apply the
provisions of this section, on a case-by-case basis, for purposes of
information collection in accordance with Secs. 270.10(k) and
270.32(b)(2).
    3. Section 270.22 is amended by adding introductory text to read as
follows:

[[Page 53077]]
Sec. 270.22  Specific part B information requirements for boilers and
industrial furnaces burning hazardous waste.

    When an owner or operator of a cement or lightweight aggregate kiln
demonstrates compliance with the air emission standards and limitations
in 40 CFR part 63, subpart EEE (i.e., by conducting a comprehensive
performance test and submitting a Notification of Compliance), the
requirements of this section do not apply. Nevertheless, the Director
may apply the provisions of this section, on a case-by-case basis, for
purposes of information collection in accordance with Secs. 270.10(k)
and 270.32(b)(2).
* * * * *
    4. Appendix I to Sec. 270.42 is amended by adding an entry 8 in
numerical order in section A and revising entry 9 in section L to read
as follows:

               Table 1.--Regulations Implementing the Hazardous and solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                   Title of
      Promulgation date           regulation          Federal Register reference            Effective date
----------------------------------------------------------------------------------------------------------------

*                  *                  *                  *                  *                  *
                                                        *
September 30, 1999...........  Standards for     [Insert FR page numbers]...........  September 30, 1999.
                                Hazardous Air
                                Pollutants for
                                Hazardous Waste
                                Combustors.
----------------------------------------------------------------------------------------------------------------

    Appendix I to Sec.  270.42--Classification of Permit Modification
------------------------------------------------------------------------
                          Modification                            Class
------------------------------------------------------------------------
A. General Permit Provisions:

                  *        *        *        *        *
  8. Changes to remove permit conditions that are no longer        \1\ 1
   applicable (i.e., because the standards upon which they are
   based are no longer applicable to the facility).

                  *        *        *        *        *
L. Incinerators, Boilers, and Industrial Furnaces:

                  *        *        *        *        *
  9. Technology Changes Needed to meet Standards under 40 CFR      \1\ 1
   part 63 (Subpart EEE--National Emission Standards for
   Hazardous Air Pollutants From Hazardous Waste Combustors),
   provided the procedures of Sec.  270.42(j) are followed.

                 *        *        *        *        *
------------------------------------------------------------------------
\1\ Class 1 modifications requiring prior Agency approval.

    5. Section 270.62 is amended by adding introductory text to read as
follows:

Sec. 270.62  Hazardous waste incinerator permits.

    When an owner or operator demonstrates compliance with the air
emission standards and limitations in 40 CFR part 63, subpart EEE
(i.e., by conducting a comprehensive performance test and submitting a
Notification of Compliance), the requirements of this section do not
apply. Nevertheless, the Director may apply the provisions of this
section, on a case-by-case basis, for purposes of information
collection in accordance with Secs. 270.10(k) and 270.32(b)(2).
* * * * *
    6. Section 270.66 is amended by adding introductory text to read as
follows:

Sec. 270.66  Permits for boilers and industrial furnaces burning
hazardous waste.

    When an owner or operator of a cement or lightweight aggregate kiln
demonstrates compliance with the air emission standards and limitations
in 40 CFR part 63, subpart EEE (i.e., by conducting a comprehensive
performance test and submitting a Notification of Compliance), the
requirements of this section do not apply. Nevertheless, the Director
may apply the provisions of this section, on a case-by-case basis, for
purposes of information collection in accordance with Secs. 270.10(k)
and 270.32(b)(2).
* * * * *

PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS

    1. The authority citation for part 271 continues to read as
follows:

    Authority: 42 U.S.C. 6905, 6912(a), and 6926.

    2. Section 271.1(j) is amended by adding the following entries to
Table 1 in chronological order by date of publication in the Federal
Register, to read as follows:

Sec. 271.1  Purpose and scope.

* * * * *
    (j) *  *  *

               Table 1.--Regulations Implementing the Hazardous and Solid Waste Amendments of 1984
----------------------------------------------------------------------------------------------------------------
                                                                Federal Register
         Promulgation date             Title of regulation          reference               Effective date
----------------------------------------------------------------------------------------------------------------

*                  *                  *                  *                  *                  *
                                                        *
September 30, 1999.................  Standards for           ......................  Sept. 30, 1999.
                                      Hazardous Air
                                      Pollutants for
                                      Hazardous Waste
                                      Combustors.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-20430 Filed 9-29-99; 8:45 am]
BILLING CODE 6560-50-U 

 
 


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