Loading (50 kb)...'
(continued)
Minimum hydrogen chloride (HCl) sorbent flow rate means 90 percent of the highest 3-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the HCl emission limit.
Minimum pressure drop across the wet scrubber means 90 percent of the highest 3-hour average pressure drop across the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM emission limit.
Minimum scrubber liquor flow rate means 90 percent of the highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits.
Minimum scrubber liquor pH means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the HCl emission limit.
Minimum secondary chamber temperature means 90 percent of the highest 3-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, CO, or dioxin/furan emission limits.
Modification or Modified HMIWI means any change to an HMIWI unit after March 16, 1998, such that:
(1) The cumulative costs of the modifications, over the life of the unit, exceed 50 per centum of the original cost of the construction and installation of the unit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or
(2) The change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section 129 or section 111.
Operating day means a 24-hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.
Operation means the period during which waste is combusted in the incinerator excluding periods of startup or shutdown.
Particulate matter or PM means the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 or EPA Reference Method 29.
Pathological waste means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).
Primary chamber means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is removed.
Pyrolysis means the endothermic gasification of hospital waste and/or medical/infectious waste using external energy.
Secondary chamber means a component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed.
Shutdown means the period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown must commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown must commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown must commence no less than 5 hours after the high-air phase of combustion has been completed.
Small HMIWI means:
(1) Except as provided in paragraph (2) of this definition;
(i) An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or
(iii) A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.
(2) The following are not small HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour;
(ii) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day.
Small rural HMIWI means a small HMIWI which is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area and which burns less than 2,000 pounds per week of hospital waste and medical/ infectious waste.
Standard conditions means a temperature of 20 °C and a pressure of 101.3 kilopascals.
Standard Metropolitan Statistical Area or SMSA means any areas listed in OMB Bulletin No. 93–17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993. This information can also be obtained from the nearest Metropolitan Planning Organization.
Startup means the period of time between the activation of the system and the first charge to the unit. For batch HMIWI, startup means the period of time between activation of the system and ignition of the waste.
Wet scrubber means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases.
Delegation of Authority
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§ 62.14495 What authorities will be retained by the EPA Administrator?
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The following authorities will be retained by the EPA Administrator and not transferred to the State or Tribe:
(a) The requirements of §62.14453(b) establishing operating parameters when using controls other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and a wet scrubber.
(b) Alternative methods of demonstrating compliance under 40 CFR 60.8.
Table 1 to Subpart HHH of Part 62—Emission Limits for Small Rural, Small, Medium, and Large HMIWI
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----------------------------------------------------------------------------------------------------------------
Emission limits
Units (7 percent oxygen, --------------------------------------------------
Pollutant dry basis at standard HMIWI size
conditions) --------------------------------------------------
Small rural Small Medium Large
---------------------------------------------------------------------------------------------------------------
Particulate matter............... Milligrams per dry 197 (0.086) 115 (0.05) 69 (0.03) 34 (0.015)
standard cubic meter
(grains per dry standard
cubic foot).
Carbon monoxide.................. Parts per million by 40 40 40 40
volume.
Dioxins/furans................... Nanograms per dry 800 (350) 125 (55) or 125 (55) 125 (55)
standard cubic meter or 2.3 (1.0) or or
total dioxins/furans 15 (6.6) 2.3 (1.0) 2.3 (1.0)
(grains per billion dry
standard cubic feet) or
nanograms per dry
standard cubic meter TEQ
(grains per billion dry
standard cubic feet).
Hydrogen chloride................ Parts per million by 3,100 100 or 93% 100 or 93% 100 or 93%
volume or percent
reduction.
Sulfur dioxide................... Parts per million by 55 55 55 55
volume.
Nitrogen oxides.................. Parts per million by 250 250 250 250
volume.
Lead............................. Milligrams per dry 10 (4.4) 1.2 (0.52) 1.2 (0.52) 1.2 (0.52)
standard cubic meter or 70% or 70% or 70%
(grains per thousand dry
standard cubic feet) or
percent reduction.
Cadmium.......................... Milligrams per dry 4 (1.7) 0.16 (0.07) 0.16 0.16
standard cubic meter or 65% (0.07) or (0.07) or
(grains per thousand dry 65% 65%
standard cubic feet) or
percent reduction.
Mercury.......................... Milligrams per dry 7.5 (3.3) 0.55 (0.24) 0.55 0.55
standard cubic meter or 85% (0.24) or (0.24) or
(grains per thousand dry 85% 85%
standard cubic feet) or
percent reduction.
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Table 2 to Subpart HHH of Part 62—Toxic Equivalency Factors
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------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................. 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin................ 0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............... 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............... 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............... 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin............ 0.01
Octachlorinated dibenzo-p-dioxin........................... 0.001
2,3,7,8-tetrachlorinated dibenzofuran...................... 0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................... 0.5
1,2,3,7,8-pentachlorinated dibenzofuran.................... 0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran................... 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................... 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................... 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................... 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran................ 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran................ 0.01
Octachlorinated dibenzofuran............................... 0.001
------------------------------------------------------------------------
Table 3 to Subpart HHH of Part 62—Operating Parameters To Be Monitored and Minimum Measurement and Recording Frequencies
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Minimum frequency HMIWI
-------------------------------------------------------------------------------
HMIWI
HMIWI \a\ with
\a\ with dry
Operating parameters to be dry HMIWI scrubber
monitored Small scrubber \a\ with followed
Data measurement Data recording rural followed wet by
HMIWI by scrubber fabric
fabric filter
filter and wet
scrubber
----------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
Maximum charge rate......... Once per charge... Once per charge... [bcheck] [bcheck] [bcheck] [bcheck]
Maximum fabric filter inlet Continuous........ Once per minute... [bcheck] [bcheck]
temperature.
Maximum flue gas temperature Continuous........ Once per minute... [bcheck] [bcheck]
Minimum operating parameters:
Minimum secondary chamber Continuous........ Once per minute... [bcheck] [bcheck] [bcheck] [bcheck]
temperature.
Minimum dioxin/furan sorbent Hourly............ Once per hour..... [bcheck] [bcheck]
flow rate.
Minimum HCl sorbent flow Hourly............ Once per hour..... [bcheck] [bcheck]
rate.
Minimum mercury (Hg) sorbent Hourly............ Once per hour..... [bcheck] [bcheck]
flow rate.
Minimum pressure drop across Continuous........ Once per minute... [bcheck] [bcheck]
the wet scrubber or minimum
horsepower or amperage to
wet scrubber.
Minimum scrubber liquor flow Continuous........ Once per minute... [bcheck] [bcheck]
rate.
Minimum scrubber liquor pH.. Continuous........ Once per minute... [bcheck] [bcheck]
----------------------------------------------------------------------------------------------------------------
\a\ Does not include small rural HMIWI.
Subpart III—Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before November 30, 1999
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Source: 68 FR 57539, Oct. 3, 2003, unless otherwise noted.
Introduction
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§ 62.14500 What is the purpose of this subpart?
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(a) This subpart establishes emission requirements and compliance schedules for the control of emissions from commercial and industrial solid waste incineration (CISWI) units that are not covered by an EPA approved and currently effective State or Tribal plan. The pollutants addressed by these emission requirements are listed in Table 1 of this subpart. These emission requirements are developed in accordance with sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part 60.
(b) In this subpart, “you” means the owner or operator of a CISWI unit.
§ 62.14505 What are the principal components of this subpart?
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This subpart contains the eleven major components listed in paragraphs (a) through (k) of this section.
(a) Increments of progress toward compliance.
(b) Waste management plan.
(c) Operator training and qualification.
(d) Emission limitations and operating limits.
(e) Performance testing.
(f) Initial compliance requirements.
(g) Continuous compliance requirements.
(h) Monitoring.
(i) Recordkeeping and reporting.
(j) Definitions.
(k) Tables.
Applicability
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§ 62.14510 Am I subject to this subpart?
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(a) You are subject to this subpart if you own or operate a CISWI unit as defined in §62.14840 and the CISWI unit meets the criteria described in paragraphs (a)(1) through (a)(3) of this section.
(1) Construction of your CISWI unit commenced on or before November 30, 1999.
(2) Your CISWI unit is not exempt under §62.14525.
(3) Your CISWI unit is not regulated by an EPA approved and currently effective State or Tribal plan, or your CISWI unit is located in any State whose approved State or Tribal plan is subsequently vacated in whole or in part.
(b) If you made changes after June 1, 2001 that meet the definition of modification or reconstruction after promulgation of the final 40 CFR part 60 subpart CCCC (New Source Performance Standards for Commercial and Industrial Solid Waste Incineration Units), your CISWI unit is subject to subpart CCCC of 40 CFR part 60 and this subpart no longer applies to that unit.
(c) If you make physical or operational changes to your existing CISWI unit primarily to comply with this subpart, then such changes do not qualify as modifications or reconstructions under subpart CCCC of 40 CFR part 60.
§ 62.14515 Can my CISWI unit be covered by both a State plan and this subpart?
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(a) If your CISWI unit is located in a State that does not have an EPA-approved State plan or your State's plan has not become effective, this subpart applies to your CISWI unit until the EPA approves a State plan that covers your CISWI unit and that State plan becomes effective. However, a State may enforce the requirements of a State regulation while your CISWI unit is still subject to this subpart.
(b) After the EPA approves a State plan covering your CISWI unit, and after that State plan becomes effective, you will no longer be subject to this subpart and will only be subject to the approved and effective State plan.
§ 62.14520 How do I determine if my CISWI unit is covered by an approved and effective State or Tribal plan?
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This part (40 CFR part 62) contains a list of State and Tribal areas with approved Clean Air Act section 111(d) and section 129 plans along with the effective dates for such plans. The list is published annually. If this part does not indicate that your State or Tribal area has an approved and effective plan, you should contact your State environmental agency's air director or your EPA Regional Office to determine if the EPA has approved a State plan covering your unit since publication of the most recent version of this subpart.
§ 62.14521 If my CISWI unit is not listed in the Federal plan inventory, am I exempt from this subpart?
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If a CISWI unit is not listed in the Federal plan inventory, it is not necessarily exempt from this subpart. Sources subject to this subpart are not limited to the inventory of sources listed in Docket A–2000–52 for the Federal plan. If your CISWI units meets the applicability criteria in §62.14510, this subpart applies to you whether or not your unit is listed in the Federal plan inventory in the docket.
§ 62.14525 Can my combustion unit be exempt from this subpart?
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This subpart exempts 15 types of units described in paragraphs (a) through (o) of this section from complying with the requirements of this subpart except for the requirements specified in this section and in §62.14531.
(a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in §62.14840 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.
(b) Agricultural waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of agricultural wastes as defined in §62.14840 are not subject to this subpart if you meet the two requirements specified in paragraphs (b)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets these criteria.
(2) Keep records on a calendar quarter basis of the weight of agricultural waste burned, and the weight of all other fuels and wastes burned in the unit.
(c) Municipal waste combustion units. Incineration units that meet either of the two criteria specified in paragraphs (c)(1) or (2) of this section.
(1) Units that are regulated under subpart Ea of 40 CFR part 60 (Standards of Performance for Municipal Waste Combustors); subpart Eb of 40 CFR part 60 (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994); subpart Cb of 40 CFR part 60 (Emission Guidelines and Compliance Times for Large Municipal Waste Combustors Constructed on or Before September 20, 1994); subpart AAAA of 40 CFR part 60 (Standards of Performance for New Stationary Sources: Small Municipal Waste Combustion Units); subpart BBBB of 40 CFR part 60 (Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units); or subpart JJJ of 40 CFR part 62 (Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999).
(2) Units that burn greater than 30 percent municipal solid waste or refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea, subpart Eb, subpart AAAA, and subpart BBBB, and that have the capacity to burn less than 35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if you meet the two requirements in paragraphs (c)(2)(i) and (ii) of this section.
(i) Notify the Administrator that the unit meets these criteria.
(ii) Keep records on a calendar quarter basis of the weight of municipal solid waste burned, and the weight of all other fuels and wastes burned in the unit.
(d) Medical waste incineration units. Incineration units regulated under subpart Ec of 40 CFR part 60 (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators); and 40 CFR part 62 subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or before June 20, 1996).
(e) Small power production facilities. Units that meet the three requirements specified in paragraphs (e)(1) through (3) of this section.
(1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.
(3) You notify the Administrator that the unit meets all of these criteria.
(f) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (f)(1) through (3) of this section.
(1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(3) You notify the Administrator that the unit meets all of these criteria.
(g) Hazardous waste combustion units. Units regulated under subpart EEE of part 63 (National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).
(h) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.
(i) Air curtain incinerators. Air curtain incinerators that burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste; are required to meet only the requirements under “Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean Lumber and/or Yard Waste” (§§62.14765 through 62.14825) and the title V operating permit requirements (§§62.14830 and 62.14835).
(j) Cyclonic barrel burners.
(k) Rack, part, and drum reclamation units.
(l) Cement kilns.
(m) Sewage sludge incinerators. Incineration units regulated under subpart O of 40 CFR part 60 (Standards of Performance for Sewage Treatment Plants).
(n) Chemical recovery units. Combustion units burning materials to recover chemical constituents or to produce chemical compounds where there is an existing commercial market for such recovered chemical constituents or compounds. The eight types of units described in paragraphs (n)(1) through (8) of this section are considered chemical recovery units.
(1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery process and reused in the pulping process.
(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.
(3) Units burning only wood or coal feedstock for the production of charcoal.
(4) Units burning only manufacturing byproduct streams/residues containing catalyst metals which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.
(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate in the production of other chemical compounds.
(6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide, synthesis gas, or other gases for use in other manufacturing processes.
(7) Units burning only photographic film to recover silver.
(8) Units granted exemptions resulting from petitions submitted under the provisions of either §60.2025 or §60.2558.
(o) Laboratory units. Units that burn samples of materials for the purpose of chemical or physical analysis.
§ 62.14530 What if I have a chemical recovery unit that is not listed in §62.14525(n)?
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If you have a recovery unit that is not listed in §62.14525(n), you can petition the Administrator to add the unit to the list of exempted units in 40 CFR 60.2020(n) or 60.2555(n) pursuant to the requirements of 40 CFR 60.2025 or 60.2558. Units granted exemptions under 40 CFR 60.2025 or 60.2558 are exempt from the requirement of this Federal plan under §62.14525(n)(8).
§ 62.14531 When must I submit any records required pursuant to an exemption allowed under §62.14525?
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Owners or operators of sources that qualify for the exemptions in §62.14525(a) through (o) must submit any records required to support their claims of exemption to the EPA Administrator (or delegated enforcement authority) upon request. Upon request by any person under the regulation at part 2 of this chapter (or a comparable law or regulation governing a delegated enforcement authority), the EPA Administrator (or delegated enforcement authority) must request the records in §62.14525(a) through (o) from an owner or operator and make such records available to the requestor to the extent required by part 2 of this chapter (or a comparable law governing a delegated enforcement authority). Any records required under §62.14525(a) through (o) must be maintained by the source for a period of at least 5 years. Notifications of exemption claims required under §62.14525(a) through (o) of this section must be maintained by the EPA or delegated enforcement authority for a period of at least 5 years. Any information obtained from an owner or operator of a source accompanied by a claim of confidentiality will be treated in accordance with the regulations in part 2 of this chapter (or a comparable law governing a delegated enforcement authority).
Compliance Schedule and Increments of Progress
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§ 62.14535 When must I comply with this subpart if I plan to continue operation of my CISWI unit?
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If you plan to continue operation of your CISWI unit, then you must follow the requirements in paragraph (a) or (b) of this section depending on when you plan to come into compliance with the requirements of this subpart.
(a) If you plan to continue operation and come into compliance with the requirements of this subpart by October 4, 2004, then you must complete the requirements of paragraphs (a)(1) through (a)(5) of this section.
(1) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by October 4, 2004.
(2) You must submit a waste management plan no later than April 5, 2004.
(3) You must achieve final compliance by October 4, 2004. To achieve final compliance, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, if the affected CISWI unit is brought online, all necessary process changes and air pollution control devices would operate as designed.
(4) You must conduct the initial performance test within 90 days after the date when you are required to achieve final compliance under paragraph (a)(3) of this section.
(5) You must submit an initial report including the results of the initial performance test no later than 60 days following the initial performance test (see §§62.14700 through 62.14760 for complete reporting and recordkeeping requirements).
(b) If you plan to continue operation and come into compliance with the requirements of this subpart after October 4, 2004, but before October 3, 2005 you must petition for and be granted an extension of the final compliance date specified §62.14535(a)(3) by meeting the requirements of §62.14536 and you must meet the requirements for increments of progress specified in §62.14540 through §62.14565. To achieve the final compliance increment of progress, you must complete the requirements of paragraphs (b)(1) through (b)(5) of this section.
(1) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by October 4, 2004.
(2) You must submit a waste management plan no later than April 5, 2004.
(3) You must achieve final compliance by October 3, 2005. For the final compliance increment of progress, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed.
(4) You must conduct the initial performance test within 90 days after the date when you are required to achieve final compliance under paragraph (b)(3) of this section.
(5) You must submit an initial report including the result of the initial performance no later than 60 days following the initial performance test (see §§62.14700 through 62.14760 for complete reporting and recordkeeping requirements).
§ 62.14536 What steps are required to request an extension of the initial compliance date if I plan to continue operation of my CISWI unit?
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If you plan to continue operation and want to come into compliance with the requirements of this subpart after October 4, 2004, but before October 3, 2005, then you must you must petition to the Administrator to grant you an extension by following the procedures outlined in paragraphs (a) and (b) of this section.
(a) You must submit your request for an extension to the EPA Administrator (or delegated enforcement authority) on or before December 3, 2003.
(b) Your request must include documentation of the analyses undertaken to support your need for an extension, including an explanation of why you are unable to meet the final compliance date specified in §62.14535(a)(3) and why your requested extension date is needed to provide sufficient time for you to design, fabricate, and install the emissions control systems necessary to meet the requirements of this Subpart. A request based upon the avoidance of costs of meeting provisions of this Subpart is not acceptable and will be denied.
§ 62.14540 When must I complete each increment of progress?
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If you plan to come into compliance after October 4, 2004, you must meet the two increments of progress specified in paragraphs (a) and (b) of this section.
(a) Increment 1. Submit a final control plan by April 5, 2004.
(b) Increment 2. Reach final compliance by October 3, 2005.
§ 62.14545 What must I include in each notification of achievement of an increment of progress?
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Your notification of achievement of an increment of progress must include the four items specified in paragraphs (a) through (d) of this section.
(a) Notification of the date that the increment of progress has been achieved.
(b) Any items required to be submitted with each increment of progress.
(c) Signature of the owner or operator of the CISWI unit.
(d) The date you were required to complete the increment of progress.
§ 62.14550 When must I submit a notification of achievement of the first increment of progress?
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Your notification for achieving the first increment of progress must be postmarked no later than April 15, 2004.
§ 62.14555 What if I do not meet an increment of progress?
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Failure to meet an increment of progress is a violation of the standards under this subpart. If you fail to meet an increment of progress, you must submit a notification to the Administrator postmarked within 10 business days after the due date for that increment of progress. You must inform the Administrator that you did not meet the increment, and you must continue to submit reports each subsequent calendar month until the increment of progress is met.
§ 62.14560 How do I comply with the increment of progress for submittal of a control plan?
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For your control plan increment of progress, you must satisfy the two requirements specified in paragraphs (a) and (b) of this section.
(a) Submit the final control plan that includes the six items described in paragraphs (a)(1) through (6) of this section.
(1) A description of the devices for air pollution control and process changes that you will use to comply with the emission limitations and other requirements of this subpart.
(2) The type(s) of waste to be burned.
(3) The maximum design waste burning capacity.
(4) The anticipated maximum charge rate.
(5) If applicable, the petition for site-specific operating limits under §62.14640.
(6) A schedule that includes the date by which you will award the contracts to procure emission control equipment or related materials, initiate on-site construction, initiate on-site installation of emission control equipment, and/or incorporate process changes, and the date by which you will initiate on-site construction.
(b) Maintain an on-site copy of the final control plan.
§ 62.14565 How do I comply with the increment of progress for achieving final compliance?
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For the final compliance increment of progress, you must incorporate all process changes and complete retrofit construction of control devices, as specified in the final control plan, so that, when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed.
§ 62.14570 What must I do if I plan to permanently close my CISWI unit?
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If you plan to permanently close your CISWI unit, then you must follow the requirements in either paragraph (a) or (b) of this section depending on when you plan to shut down.
(a) If you plan to shut down by October 4, 2004, rather that come into compliance with the complete set of requirements in this subpart, then you must shut down by October 4, 2004. In addition, while still in operation, your CISWI unit is subject to the same requirement to apply for and obtain a title V operating permit that applies to a CISWI unit that will not be permanently closing. See §§62.14830 and 62.14835.
(b) If you plan to shut down rather than come into compliance with the complete set of requirements of this subpart, but are unable to shut down by October 4, 2004, then you must petition EPA for and be granted an extension by following the procedures outlined in paragraphs (b)(1) through (5) of this section.
(1) You must submit your request for an extension to the EPA Administrator (or delegated enforcement authority) by December 3, 2003. Your request must include:
(i) Documentation of the analyses undertaken to support your need for an extension, including an explanation of why your requested extension date is sufficient time for you to shut down while October 4, 2004 does not provide sufficient time for shut down. A request based upon the avoidance of costs of meeting provisions of this subpart is not acceptable and will be denied. Your documentation must include an evaluation of the option to transport your waste offsite to a commercial or municipal waste treatment and/or disposal facility on a temporary or permanent basis; and
(ii) Documentation of incremental steps of progress, including dates for completing the increments of progress, that you will take towards shutting down. Some suggested incremental steps of progress towards shut down are provided as follows:
------------------------------------------------------------------------
Then your increments of
If you . . . progress could be . . .
------------------------------------------------------------------------
(A) Need an extension so you can (1) Date when you will enter
install an onsite alternative waste into a contract with an
treatment technology before you shut alternative treatment
down your CISWI. technology vendor,
(2) Date for initiating onsite
construction or installation
of the alternative technology,
(3) Date for completing onsite
construction or installation
of the alternative technology,
and
(4) Date for shutting down the
CISWI.
(B) Need an extension so you can (1) Date when price quotes will
acquire the services of a commercial be obtained from commercial
waste disposal company before you shut disposal companies,
down your CISWI. (2) Date when you will enter
into a contract with a
commercial disposal company,
and
(3) Date for shutting down the
CISWI.
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(2) You must shut down no later than by October 3, 2005.
(3) You must comply with the operator training and qualification requirements and inspection requirements (if applicable) of this subpart by October 4, 2004.
(4) You must submit a legally binding closure agreement to the Administrator by April 5, 2004. The closure agreement must specify the date by which operation will cease. The closure date cannot be later than October 3, 2005.
(5) While still in operation, your CISWI unit is subject to the same requirement to apply for and obtain a title V operating permit that applies to a CISWI unit that will not be permanently closing. See §§62.14830 and 62.14835.
§ 62.14575 What must I do if I close my CISWI unit and then restart it?
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If you temporarily close your CISWI unit and restart the unit for the purpose of continuing operation of your CISWI unit, then you must follow the requirements in paragraphs (a), (b), or (c) of this section depending on when you plan to come into compliance with the requirements of this subpart. You are subject to the operating permit requirements of title V of the CAA and 40 CFR part 70 or 71 until you close your CISWI unit and at the time you restart it.
(a) If you plan to continue operation and come into compliance with the requirements of this subpart by October 4, 2004, then you must complete the requirements of §62.14535(a).
(b) If you plan to continue operation and come into compliance with the requirements of this subpart on or before October 3, 2005, then you must complete the requirements of §62.14535(b). You must have first requested and been granted an extension from the initial compliance date by following the requirements of §62.14536.
(c) If you restart your CISWI unit after the October 4, 2004 and resume operation, but have not previously requested an extension by meeting all of the requirements of §62.14536, you must meet all of the requirements of §62.14535(a)(1) through (a)(5) at the time you restart your CISWI unit. Upon restarting your CISWI unit, you must have incorporated all process changes and completed retrofit construction of control devices so that when the affected CISWI unit is brought online, all necessary process changes and air pollution control devices operate as designed.
Waste Management Plan
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§ 62.14580 What is a waste management plan?
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A waste management plan is a written plan that identifies both the feasibility and the methods used to reduce or separate certain components of solid waste from the waste stream in order to reduce or eliminate toxic emissions from incinerated waste.
§ 62.14585 When must I submit my waste management plan?
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You must submit a waste management plan no later than April 5, 2004.
§ 62.14590 What should I include in my waste management plan?
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A waste management plan must include consideration of the reduction or separation of waste-stream elements such as paper, cardboard, plastics, glass, batteries, or metals; or the use of recyclable materials. The plan must identify any additional waste management measures, and the source must implement those measures considered practical and feasible, based on the effectiveness of waste management measures already in place, the costs of additional measures, the emissions reductions expected to be achieved, and any other environmental or energy impacts they might have.
Operator Training and Qualification
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§ 62.14595 What are the operator training and qualification requirements?
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(a) You must have a fully trained and qualified CISWI unit operator accessible at all times when the unit is in operation, either at your facility or able to be at your facility within one hour. The trained and qualified CISWI unit operator may operate the CISWI unit directly or be the direct supervisor of one or more other plant personnel who operate the unit. If all qualified CISWI unit operators are temporarily not accessible, you must follow the procedures in §62.14625.
(b) Operator training and qualification must be obtained through a State-approved program or by completing the requirements included in paragraph (c) of this section.
(c) Training must be obtained by completing an incinerator operator training course that includes, at a minimum, the three elements described in paragraphs (c)(1) through (3) of this section.
(1) Training on the thirteen subjects listed in paragraphs (c)(1)(i) through (xiii) of this section.
(i) Environmental concerns, including types of emissions.
(ii) Basic combustion principles, including products of combustion.
(iii) Operation of the specific type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures.
(iv) Combustion controls and monitoring.
(v) Operation of air pollution control equipment and factors affecting performance (where applicable).
(vi) Inspection and maintenance of the incinerator and air pollution control devices.
(vii) Actions to correct malfunctions or conditions that may lead to malfunction.
(viii) Bottom and fly ash characteristics and handling procedures.
(ix) Applicable Federal, State, and local regulations, including Occupational Safety and Health Administration workplace standards.
(x) Pollution prevention.
(xi) Waste management practices.
(xii) Recordkeeping requirements.
(xiii) Methods to continuously monitor CISWI unit and air pollution control device operating parameters and monitoring equipment calibration procedures (where applicable).
(2) An examination designed and administered by the instructor.
(3) Written material covering the training course topics that can serve as reference material following completion of the course.
§ 62.14600 When must the operator training course be completed?
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(a) The operator training course must be completed by the later of the two dates specified in paragraphs (a)(1) and (2) of this section.
(1) October 4, 2004.
(2) Six months after an employee assumes responsibility for operating the CISWI unit or assumes responsibility for supervising the operation of the CISWI unit.
(b) You must follow the requirements in §63.14625 if all qualified operators are temporarily not accessible.
§ 62.14605 How do I obtain my operator qualification?
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(a) You must obtain operator qualification by completing a training course that satisfies the criteria under §62.14595(b) or (c).
(b) Qualification is valid from the date on which the training course is completed and the operator successfully passes the examination required under §62.14595(c)(2).
§ 62.14610 How do I maintain my operator qualification?
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To maintain qualification, you must complete an annual review or refresher course of at least 4 hours covering, at a minimum, the five topics described in paragraphs (a) through (e) of this section.
(a) Update of regulations.
(b) Incinerator operation, including startup and shutdown procedures, waste charging, and ash handling.
(c) Inspection and maintenance.
(d) Responses to malfunctions or conditions that may lead to malfunction.
(e) Discussion of operating problems encountered by attendees.
§ 62.14615 How do I renew my lapsed operator qualification?
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You must renew a lapsed operator qualification by one of the two methods specified in paragraphs (a) and (b) of this section.
(a) For a lapse of less than 3 years, you must complete a standard annual refresher course described in §62.14610.
(b) For a lapse of 3 years or more, you must repeat the initial qualification requirements in §62.14605(a).
§ 62.14620 What site-specific documentation is required?
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(a) Documentation must be available at the facility and readily accessible for all CISWI unit operators that addresses the ten topics described in paragraphs (a)(1) through (10) of this section. You must maintain this information and the training records required by paragraph (c) of this section in a manner that they can be readily accessed and are suitable for inspection upon request.
(1) Summary of the applicable standards under this subpart.
(2) Procedures for receiving, handling, and charging waste.
(3) Incinerator startup, shutdown, and malfunction procedures.
(4) Procedures for maintaining proper combustion air supply levels.
(5) Procedures for operating the incinerator and associated air pollution control systems within the standards established under this subpart.
(6) Monitoring procedures for demonstrating compliance with the incinerator operating limits.
(7) Reporting and recordkeeping procedures.
(8) The waste management plan required under §§62.14580 through 62.14590.
(9) Procedures for handling ash.
(10) A list of the wastes burned during the performance test.
(b) You must establish a program for reviewing the information listed in paragraph (a) of this section with each employee who operates your incinerator.
(1) The initial review of the information listed in paragraph (a) of this section must be conducted by the later of the two dates specified in paragraphs (b)(1)(i) through (ii) of this section.
(i) October 4, 2004.
(ii) Two months after being assigned to operate the CISWI unit.
(2) Subsequent annual reviews of the information listed in paragraph (a) of this section must be conducted no later than 12 months following the previous review.
(c) You must also maintain the information specified in paragraphs (c)(1) through (3) of this section.
(1) Records showing the names of all plant personnel who operate your CISWI unit who have completed review of the information in §62.14620(a) as required by §62.14620(b), including the date of the initial review and all subsequent annual reviews.
(2) Records showing the names of all plant personnel who operate your CISWI unit who have completed the operator training requirements under §62.14595, met the criteria for qualification under §62.14605, and maintained or renewed their qualification under §62.14610 or §62.14615. Records must include documentation of training, the dates of the initial refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.
(3) For each qualified operator, the phone and/or pager number at which they can be reached during operating hours.
§ 62.14625 What if all the qualified operators are temporarily not accessible?
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If all qualified operators are temporarily not accessible (i.e., not at the facility and not able to be at the facility within 1 hour), you must meet one of the two criteria specified in paragraphs (a) and (b) of this section, depending on the length of time that a qualified operator is not accessible. (continued)