Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 62  /  Sec. 62.14109 Reporting and recordkeeping and compliance and

(a) The owner or operator of an affected facility must comply with the reporting and recordkeeping provisions listed in 40 CFR 60.59b of subpart Eb, except as provided in paragraphs (a)(1) through (a)(3) of this section.

(1) The siting requirements under 40 CFR 60.59b(a), (b)(5), and (d)(11) of subpart Eb and the notification of construction requirements under 40 CFR 60.59b(b) and (c) of subpart Eb do not apply.

(2) 40 CFR 60.54b, 60.56b, and 60.58b(g)(5)(iii) of subpart Eb do not apply to this subpart (see Secs. 62.14105 and 62.14107 of this subpart).

(b) The owner or operator of an affected facility must comply with the compliance and performance testing methods and procedures listed in 40 CFR 60.58b of subpart Eb, except as provided in paragraphs (c) and (d) of this section.

(c) The initial performance test must be completed within 180 days after the date of final compliance specified in Sec. 62.14108, rather than the date for the initial performance test specified in 40 CFR 60.58b of subpart Eb.

(d) The owner or operator of an affected facility may follow the alternative performance testing schedule for dioxin/furan emissions specified in paragraph (d)(1) of this section.

(1) If all performance tests for all affected facilities at the MWC plant over a 2-year period indicate that dioxin/furan emissions are less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen for all affected facilities located within a municipal waste combustor plant, the owner or operator of the municipal waste combustor plant may elect to conduct annual performance tests for one affected facility (i.e., unit) per year at the municipal waste combustor plant. At a minimum, a performance test for dioxin/furan emissions shall be conducted annually (no more than 12 months following the previous performance test) for one affected facility at the municipal waste combustor plant. Each year a different affected facility at the municipal waste combustor plant shall be tested, and the affected facilities at the plant shall be tested in sequence (e.g., unit 1, unit 2, unit 3, as applicable). If each annual performance test continues to indicate a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter (total mass), the owner or operator may continue conducting a performance test on only one affected facility per year. If any annual performance test indicates a dioxin/furan emission level greater than 15 nanograms per dry standrd cubic meter (total mass), performance tests thereafter shall be conducted annually on all affected facilities at the plant until and unless all annual performance tests for all affected facilities at the plant over a 2-year period indicate a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter (total mass).

(2) The owner or operator who is following the alternative performance testing schedule for dioxin/furan emissions specified in paragraph (d)(1) of this section may choose an alternative testing sequence (e.g., unit 1, 3, 2, 4) for affected facilities at the municipal waste combustor plant. The owner or operator must submit a request to EPA for approval of the alternative testing sequence. After approval, the alternative testing sequence is effective until a different testing sequence is received and approved by EPA.

(e) The owner or operator of an affected facility that is taking longer than 1 year after the date of publication of this subpart FFF final rule to comply with the emission limits of this subpart must submit notification to the EPA Regional Office within 10 business days of completing each increment. Each notification must indicate which increment of progress specified in Sec. 62.14108(a)(1) through (a)(5) has been achieved. The notification must be signed by the owner or operator of the affected facility.

(f) The owner or operator of an affected facility that is taking longer than 1 year after the date of publication of this subpart FFF to comply with the emission limits of this subpart who fails to meet any increment of progress specified in Sec. 62.14108(a)(1) through (a)(5) according to the applicable schedule in Sec. 62.14108 must submit notification to the EPA Regional Office within 10 business days of the applicable date in Sec. 62.14108 that the owner or operator failed to meet the increment.

(g) The owner or operator of an affected facility that is taking longer than 1 year after the date of publication of this subpart FFF to comply with the emission limits of this subpart must submit a final control plan by the date specified in Sec. 62.14108(b) with the notification required by Sec. 62.14109(e). The final control plan must, at a minimum, include a description of the air pollution control devices or process changes that will be employed for each unit to comply with the emission limits and other requirements of this subpart.

(h) The owner or operator of an affected facility that is taking longer than 1 year after the date of publication of this subpart FFF to comply with the emission limits of this subpart must submit a signed copy of the contract or contracts awarded according to the requirements of Sec. 62.14108(a)(2) with the notification required by Sec. 62.14109(e).

(i) The owner or operator of an affected facility that is taking longer than 1 year after the date of publication of this subpart FFF to comply with the emission limits of this subpart must keep on site a copy of the final control plan required by Sec. 62.14109(g).

(j) The owner or operator of an affected facility that plans to cease operation of the affected facility on or before December 19, 2000 rather than comply with the emission limits of this subpart by the applicable compliance date specified in Sec. 62.14108 must submit a notification by the date specified for the final control plan according to the schedule specified in paragraphs Sec. 62.14108(b)(1) through (b)(4), as applicable. (Affected facilities that cease operation on or before December 19, 2000 rather than comply with the emission limits of this subpart by the compliance date specified in Sec. 62.14108 are not required to submit a final control plan.) The notification must state the date by which the affected facility will cease operation. If the cease operation date is later than 1 year after the date of publication of this subpart FFF, the owner or operator must enter into a legally binding closure agreement with EPA by the date the final control plan is due. The agreement must specify the date by which operation will cease.

(k) The owner or operator of an affected facility that plans to de-rate the affected facility on or before December 19, 2000 rather than comply with the emission limits of this subpart by the compliance date specified in Sec. 62.14108 must submit a final control plan as required by paragraph (g) of this section and submit notification of increments of progress as required by paragraphs (e) and (f) of this section and Sec. 62.14108(e) of this subpart.

(1) The final control plan must, at a minimum, include the information in paragraphs (k)(1)(i) and (k)(1)(ii) of this section rather than the information in paragraph (g) of this section.

(i) A description of the physical changes that will be made to accomplish the de-rating.

(ii) Calculations of the current maximum combustion capacity and the planned maximum combustion capacity after the de-rating. (See the procedures specified in 40 CFR 60.58b(j) of subpart Eb for calculating municipal waste combustor unit capacity.)

(2) The owner or operator must submit a signed copy of the contract or contracts awarded to initiate the de-rating with the notification required by paragraph (e) of this section.

(l) The owner or operator of an affected facility that is ceasing operation more than 1 year following the date of publication of this subpart FFF must submit performance test results for dioxin/furan emissions conducted during or after 1990 for each affected facility by the date 1 year after the date of publication of this subpart FFF. The performance test shall be conducted according to the procedure in paragraph (b) of this section.

(m) The owner or operator (or the State air pollution control authority) that is submitting alternative dates for increments 2, 3, and 4 according to Sec. 62.14108(b)(4) must submit the alternative dates by the date specified for the final control plan according to the schedule specified in paragraphs Sec. 62.14108 (b)(1) and (b)(2), as applicable. The owner or operator (or the State air pollution control authority) must submit a justification if any of the alternative dates are later than the increment dates in tables 4 or 5 of this subpart. The owner or operator must also submit the alternative dates and justification to the State. [63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999] Sec. Table 1 to Subpart FFF of Part 62--Municipal Waste Combustor Units

(MWC Units) Excluded From Subpart FFF \1\ ------------------------------------------------------------------------

State MWC units------------------------------------------------------------------------Alabama...................... Existing facilities with an MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC sites:

(a) Solid Waste Disposal Authority of the

City of Huntsville, Alabama.Florida...................... Existing MWC units with capacity to

combust more than 250 tons per day of

municipal solid waste.Georgia...................... Existing facilities with a MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC sites:

(a) Savannah Energy Systems Company,

Savannah, Georgia.Illinois..................... Existing MWC units located at Robbins

Resource Recovery Center, Robbins,

Illinois.Maine........................ Existing facilities with an MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC sites:

(a) Penobscot Energy Recovery Company,

Orrington, Maine.

(b) Maine Energy Recovery Company,

Biddeford, Maine.

(c) Regional Waste Systems, Inc.,

Portland, Maine.Maryland..................... Existing MWC facilities with an MWC unit

capacity greater than 250 tons per day

of municipal solid waste.Minnesota.................... All MWC units with unit capacities

greater than 93.75 million British

thermal units per hour on a heat input

basis (250 tons per day) located in

Minnesota.New York..................... Existing MWC units with capacity to

combust more than 250 tons per day of

municipal solid waste.Oklahoma..................... Existing MWC facilities with an MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC site:

Ogden-Martin Systems of Tulsa,

Incorporated, 2122 South Yukon Avenue,

Tulsa, Oklahoma.Oregon....................... Existing facilities at the following MWC

sites:

(a) Ogden Martin Systems, Marion County,

Oregon.

(b) Coos County, Coos Bay, Oregon.Pennsylvania................. Existing MWC facilities with an MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC site:

(a) American Ref-fuel of Delaware Valley,

LP (formerly Delaware County Resource

Recovery facility), City of Chester, PA.

(b) Harrisburg Materials, Energy,

Recycling and Recovery Facility, City of

Harrisburg, PA.

(c) Lancaster County Solid Waste

Management Authority, Conoy Township,

Lancaster County, PA.

(d) Montenay Montgomery Limited

Partnership, Plymouth Township,

Montgomery County, PA.

(e) Wheelabrator Falls, Inc., Falls

Township, Bucks County, PA.

(f) York County Solid Waste and Refuse

Authority, York, PA.South Carolina............... Existing facilities with a MWC unit

capacity greater than 250 tons per day

of municipal solid waste at the

following MWC sites:

(a) Foster Wheeler Charleston Resource

Recovery Facility, Charleston, South

Carolina.Tennessee.................... Existing MWC units with capacity to

combust more than 250 tons per day of

municipal solid waste.------------------------------------------------------------------------\1\ Notwithstanding the exclusions in table 1 of this subpart, this

subpart applies to affected facilities not regulated by an EPA

approved and currently effective State or Tribal plan. [63 FR 63202, Nov. 12, 1998, as amended at 65 FR 33468, May 24, 2000] Sec. Table 2 to Subpart FFF of Part 62--Nitrogen Oxides Requirements for

Affected Facilities ------------------------------------------------------------------------

Nitrogen oxides

emission limit (parts

Municipal waste combustor technology per million by

volume) \a\------------------------------------------------------------------------Mass burn waterwall.............................. 205.Mass burn rotary waterwall....................... 250.Refuse-derived fuel combustor.................... 250.Fluidized bed combustor.......................... 180.Mass burn refractory combustors.................. No limit.------------------------------------------------------------------------\a\ Corrected to 7 percent oxygen, dry basis.

Sec. Table 3 to Subpart FFF of Part 62--Municipal Waste Combustor

Operating Requirements ------------------------------------------------------------------------

Carbon

monoxide

emissions Averaging time

Municipal waste combustor technology level (parts (hrs) \b\

per million by

volume) \a\------------------------------------------------------------------------Mass burn waterwall..................... 100 4Mass burn refractory.................... 100 4Mass burn rotary refractory............. 100 24Mass burn rotary waterwall.............. 250 24Modular starved air..................... 50 4Modular excess air...................... 50 4Refuse-derived fuel stoker.............. 200 24Fluidized bed, mixed fuel (wood/refuse- 200 \c\ 24

derived fuel)..........................Bubbling fluidized bed combustor........ 100 4Circulating fluidized bed combustor..... 100 4Pulverized coal/refuse-derived fuel 150 4

mixed fuel-fired combustor.............Spreader stoker coal/refuse-derived fuel 200 24

mixed fuel-fired combustor.............------------------------------------------------------------------------\a\ Measured at the combustor outlet in conjunction with a measurement

of oxygen concentration, corrected to 7 percent oxygen, dry basis.

Calculated as an arithmetic average.\b\ Averaging times are 4-hour or 24-hour block averages.\c\ 24-hour block average, geometric mean. [69 FR 42121, July 14, 2004] Sec. Table 4 to Subpart FFF of Part 62--Generic Compliance Schedule and

Increments of Progress (Pre-1987 MWCs) \a b\ ----------------------------------------------------------------------------------------------------------------

Increment 4

Increment 1 Increment 2 Increment 3 Complete on- Increment 5

Affected facilities Submit final Award Begin on-site site Final

control plan contracts construction construction compliance----------------------------------------------------------------------------------------------------------------Affected facilities that January 11, 1999. 05/18/99 11/16/99 11/19/00 12/19/00

commenced construction,

modification, or

reconstruction on or before

June 26, 1987 (All

pollutants).----------------------------------------------------------------------------------------------------------------\a\ Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-

specific compliance schedules shown in Table 6 of this subpart.\b\ As an alternative to this schedule, the owner or operator may close the affected facility by December 19,

2000, complete the retrofit while the affected facility is closed, and achieve final compliance upon

restarting. See Secs. 62.14108(c), 62.14108(d), and 62.14109(i) of this subpart. Sec. Table 5 to Subpart FFF of Part 62--Generic Compliance Schedules and

Increments of Progress

[Post-1987 MWCs] \a b\----------------------------------------------------------------------------------------------------------------

Increment 3 Increment 4

Increment 1 Increment 2 Begin on- Complete on- Increment 5

Affected facilities Submit final Award site site Final compliance

control plan contracts construction construction----------------------------------------------------------------------------------------------------------------Affected facilities that commenced

construction modification, or

reconstruction after June 26,

1987:

1. Emission limits for Hg, NA\c\........... NA\c\ NA\c\ NA\c\ 11/12/99 or 1

dioxin/furan. year after

permit issuance

\d e\

2. Emission limits for SO2, January 11, 1999 05/18/99 11/16/99 11/19/00 12/19/00.

HCl, PM, Pb, Cd, opacity CO,

NOX.----------------------------------------------------------------------------------------------------------------\a\ Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-

specific compliance schedules shown in table 6 of this subpart.\b\ As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed,

and achieve final compliance upon restarting. See Secs. 62.14108(c), 62.14108(d), and 62.14109(i) of this

subpart.\c\ Because final compliance is achieved in 1 year, no increments of progress are required.

\d\ Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit

modification is required to retrofit controls.\e\ Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit

issuance'' exceeds December 19, 2000. [63 FR 63202, Nov. 12, 1998, as amended at 65 FR 33468, May 24, 2000]

Sec. Table 6 to Subpart FFF of Part 62--Site-Specific Compliance

Schedules and Increments of Progress \a\ --------------------------------------------------------------------------------------------------------------------------------------------------------

Increment 4 Increment 5

Affected facilities at the Increment 1 Submit Increment 2 Award Increment 3 Begin on- Complete on- Final

following MWC sites City, State final control plan contracts site construction site compliance

construction \c\--------------------------------------------------------------------------------------------------------------------------------------------------------Stanislaus Resource Recovery Crows Landing, January 11, 1999..... 01/19/00............. 05/19/00............ 11/19/00 12/19/00

Facility. California.Southeast Resource Recovery Long Beach, January 11, 1999..... 04/30/99............. 10/31/99............ 04/30/00 12/19/00

Facility. California.All large MWC units............... Maine................ January 11, 1999..... 01/01/99............. 07/01/99............ 09/01/00 12/19/00Baltimore Resco................... Baltimore, Maryland.. January 11, 1999..... January 11, 1999..... January 11, 1999.... 09/01/00 12/19/00All large MWC units............... New Jersey \b\....... January 11, 1999..... 05/18/99............. 11/14/99............ 11/19/00 12/19/00American Ref-Fuel................. Delaware County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00

Pennsylvania.Montenay Energy Resource.......... Montgomery County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00

Pennsylvania.I-95 Energy/Resource Recovery Lorton, Virginia..... January 11, 1999..... 10/15/99............. 03/01/00............ 11/19/00 12/19/00

Facility.New Hanover County, Unit 3A....... Wilmington, North 09/15/99............. 03/01/00............. 07/01/00............ 11/19/00 12/19/00

Carolina.--------------------------------------------------------------------------------------------------------------------------------------------------------\a\ These schedules have been reviewed and determined to be acceptable by EPA.\b\ This schedule applies to HC1 SO2, PM, Pb, Cd, CO, and NOX. However, owners and operators of large MWC units in New Jersey have the option of

reserving the portion of their control plan that addresses NOX. Owners and operators must submit the reserved portion to EPA by December 15, 1999.\c\ The owner or operator of an affected facility that began construction, modification, or reconstruction after June 26, 1987 must achieve final

compliance with the mercury and dioxins/furans limits within 1 year after promulgation of subpart FFF (i.e., by 11/12/99) or 1 year after permit

issuance. Permit issuance is issuance of a revised construction permit or revised operating permit if a permit modification is required to retrofit

controls. Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit issuance'' exceeds December 19,

2000. [63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999, as amended at 65 FR 33469, May 24, 2000]

Subpart GGG_Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991 and Have Not

Been Modified or Reconstructed Since May 30, 1991

Source: 64 FR 60703, Nov. 8, 1999, unless otherwise noted.