40 CFR § 62.16050 What authorities will be retained by the EPA Administrator? | Code of Federal Regulations | US Law

40 CFR § 62.16050

What authorities will be retained by the EPA Administrator?

June 9, 2020

CFR

The authorities that will not be delegated to state, local, or tribal agencies are specified in paragraphs (a) through (g) of this section.

(a) Approval of alternatives to the emission limits and standards in Tables 2 and 3 to this subpart and operating limits established under §62.15965 or §62.15985.

(b) Approval of major alternatives to test methods.

(d) Approval of major alternatives to recordkeeping and reporting.

(e) The requirements in §62.15965.

(f) The requirements in §62.15945(b)(2).

(g) Performance test and data reduction waivers under §60.8(b) of this chapter.

Table 1 to Subpart LLL of Part 62—Compliance Schedule for Existing Sewage Sludge Incineration Units

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Comply with these requirements	By this date
1—Submit final control plan	March 21, 2016, for all units except East Bank Wastewater Treatment Plant, New Orleans, Louisiana, and Bayshore Regional Wastewater Treatment Plant in Union Beach, Monmouth County, NJ.
2—Final compliance	For East Bank Wastewater Treatment Plant, New Orleans, Louisiana, and Bayshore Regional Wastewater Treatment Plant in Union Beach, Monmouth County, NJ, March 21, 2017.

Table 2 to Subpart LLL of Part 62—Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge Incineration Units

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For the air pollutant	You must meet this emission limit¹	Using these averaging methods and minimum sampling volumes or durations	And determining compliance using this method
Particulate matter	18 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run)	Performance test (Method 5 at 40 CFR part 60, appendix A-3; Method 26A or Method 29 at 40 CFR part 60, appendix A-8).
Hydrogen chloride	0.51 parts per million by dry volume	3-run average (Collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 26A at 40 CFR part 60, appendix A-8).
Carbon monoxide	64 parts per million by dry volume	3-run average (collect sample for a minimum duration of one hour per run)	Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A-4).
Dioxins/furans (total mass basis); or	1.2 nanograms per dry standard cubic meter (total mass basis); or	3-run average (collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 23 at 40 CFR part 60, appendix A-7).
Dioxins/furans (toxic equivalency basis)²	0.10 nanograms per dry standard cubic meter (toxic equivalency basis)
Mercury	0.037 milligrams per dry standard cubic meter	3-run average (For Method 29 and ASTM D6784-02 (Reapproved 2008)³ , collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A-8)	Performance test (Method 29 at 40 CFR part 60, appendix A-8; Method 30B at 40 CFR part 60, appendix A-8; or ASTM D6784-02 (Reapproved 2008).^{3 5}
Oxides of nitrogen	150 parts per million by dry volume	3-run average (Collect sample for a minimum duration of one hour per run)	Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).
Sulfur dioxide	15 parts per million by dry volume	3-run average (For Method 6, collect a minimum volume of 60 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run)	Performance test (Method 6 or 6C at 40 CFR part 40, appendix A-4; or ANSI/ASME PTC-19.10-1981.^{3 4}
Cadmium	0.0016 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 29 at 40 CFR part 60, appendix A-8). Use GFAAS or ICP/MS for the analytical finish.
Lead	0.0074 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run)	Performance test (Method 29 at 40 CFR part 60, appendix A-8. Use GFAAS or ICP/MS for the analytical finish.
Fugitive emissions from ash handling	Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period	Three 1-hour observation periods	Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).

¹All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.

²You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis.

³The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: {HYPERLINK “http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html”}.

⁴ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web site: https://www.asme.org/).

⁵ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1, 2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).

Table 3 to Subpart LLL of Part 62—Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge Incineration Units

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For the air pollutant	You must meet this emission limit¹	Using these averaging methods and minimum sampling volumes or durations	And determining compliance using this method
Particulate matter	80 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 0.75 dry standard cubic meters per run)	Performance test (Method 5 at 40 CFR part 60, appendix A-3; Method 26A or Method 29 at 40 CFR part 60, appendix A-8).
Hydrogen chloride	1.2 parts per million by dry volume	3-run average (For Method 26, collect a minimum volume of 200 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).
Carbon monoxide	3,800 parts per million by dry volume	3-run average (collect sample for a minimum duration of one hour per run)	Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A-4).
Dioxins/furans (total mass basis)	5.0 nanograms per dry standard cubic meter; or	3-run average (collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 23 at 40 CFR part 60, appendix A-7).
Dioxins/furans (toxic equivalency basis).²	0.32 nanograms per dry standard cubic meter
Mercury	0.28 milligrams per dry standard cubic meter	3-run average (For Method 29 and ASTM D6784-02 (Reapproved 2008),³ collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A-8)	Performance test (Method 29 at 40 CFR part 60, appendix A-8; Method 30B at 40 CFR part 60, appendix A-8; or ASTM D6784-02 (Reapproved 2008).^{3 5}
Oxides of nitrogen	220 parts per million by dry volume	3-run average (Collect sample for a minimum duration of one hour per run)	Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).
Sulfur dioxide	26 parts per million by dry volume	3-run average (For Method 6, collect a minimum volume of 200 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run)	Performance test (Method 6 or 6C at 40 CFR part 40, appendix A-4; or ANSI/ASME PTC 19.10-1981.^{3 4}
Cadmium	0.095 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 29 at 40 CFR part 60, appendix A-8).
Lead	0.30 milligrams per dry standard cubic meter	3-run average (collect a minimum volume of 1 dry standard cubic meters per run)	Performance test (Method 29 at 40 CFR part 60, appendix A-8.
Fugitive emissions from ash handling	Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period	Three 1-hour observation periods	Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).

¹All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.

²You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the dioxin/furan emission limit on a toxic equivalency basis.

³The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

Table 4 to Subpart LLL of Part 62—Operating Parameters for Existing Sewage Sludge Incineration Units¹

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For these operating parameters	You must establish these operating limits	And monitor using these minimum frequencies
For these operating parameters	You must establish these operating limits	Data measurement	Data recording²	Data averaging period for compliance
All sewage sludge incineration units
Combustion chamber operating temperature (not required if afterburner temperature is monitored)	Minimum combustion chamber operating temperature or afterburner temperature	Continuous	Every 15 minutes	12-hour block.
Fugitive emissions from ash handling	Site-specific operating requirements	Not applicable	Not applicable	Not applicable.
Scrubber
Pressure drop across each wet scrubber	Minimum pressure drop	Continuous	Every 15 minutes	12-hour block.
Scrubber liquid flow rate	Minimum flow rate	Continuous	Every 15 minutes	12-hour block.
Scrubber liquid pH	Minimum pH	Continuous	Every 15 minutes	3-hour block.
Fabric Filter
Alarm time of the bag leak detection system alarm	Maximum alarm time of the bag leak detection system alarm (this operating limit is provided in §60.4850 and is not established on a site-specific basis)
Electrostatic precipitator
Secondary voltage of the electrostatic precipitator collection plates	Minimum power input to the electrostatic precipitator collection plates	Continuous	Hourly	12-hour block.
Secondary amperage of the electrostatic precipitator collection plates
Effluent water flow rate at the outlet of the electrostatic precipitator	Minimum effluent water flow rate at the outlet of the electrostatic precipitator	Hourly	Hourly	12-hour block.
Activated carbon injection
Mercury sorbent injection rate	Minimum mercury sorbent injection rate	Hourly	Hourly	12-hour block.
Dioxin/furan sorbent injection rate	Minimum dioxin/furan sorbent injection rate.
Carrier gas flow rate or carrier gas pressure drop	Minimum carrier gas flow rate or minimum carrier gas pressure drop	Continuous	Every 15 minutes	12-hour block.
Afterburner
Temperature of the afterburner combustion chamber	Minimum temperature of the afterburner combustion chamber	Continuous	Every 15 minutes	12-hour block.

¹ As specified in §62.15985, you may use a continuous emissions monitoring system or continuous automated sampling system in lieu of establishing certain operating limits.

² This recording time refers to the minimum frequency that the continuous monitor or other measuring device initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages. For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this table for demonstrating compliance. You maintain records of 1-hour averages.

Table 5 to Subpart LLL of Part 62—Toxic Equivalency Factors

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Dioxin/furan isomer	Toxic equivalency factor
2,3,7,8-tetrachlorinated dibenzo-p-dioxin	1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin	1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin	0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin	0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin	0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin	0.01
octachlorinated dibenzo-p-dioxin	0.0003
2,3,7,8-tetrachlorinated dibenzofuran	0.1
2,3,4,7,8-pentachlorinated dibenzofuran	0.3
1,2,3,7,8-pentachlorinated dibenzofuran	0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran	0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran	0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran	0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran	0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran	0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran	0.01
octachlorinated dibenzofuran	0.0003

Table 6 to Subpart LLL of Part 62—Summary of Reporting Requirements for Existing Sewage Sludge Incineration Units¹

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Report	Due date	Contents	Reference
Final control plan and final compliance report	No later than 10 business days after the compliance date	1. Final control plan including air pollution control device descriptions, process changes, type of waste to be burned, and the maximum design sewage sludge burning capacity	§62.16030(a).
		2. Notification of any failure to submit the final control plan and achieve final compliance
		3. Notification of any closure
Initial compliance report	No later than 60 days following the initial performance test	1. Company name and address 2.Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report. 3. Date of report. 4. Complete test report for the initial performance test. 5. Results of CMS² performance evaluation.	§62.16030(b).
		6. The values for the site-specific operating limits and the calculations and methods used to establish each operating limit
		7. Documentation of installation of bag leak detection system for fabric filter
		8. Results of initial air pollution control device inspection, including a description of repairs
		9. The site-specific monitoring plan required under §62.15995
		10. The site-specific monitoring plan for your ash handling system required under §62.15995
Annual compliance report	No later than 12 months following the submission of the initial compliance report; subsequent reports are to be submitted no more than 12 months following the previous report	1. Company name and address 2. Statement and signature by responsible official. 3. Date and beginning and ending dates of report. 4. If a performance test was conducted during the reporting period, the results of the test, including any new operating limits and associated calculations and the type of activated carbon used, if applicable.	§62.16030(c).
		5. For each pollutant and operating parameter recorded using a CMS, the highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable
		6. If no deviations from emission limits, emission standards, or operating limits occurred, a statement that no deviations occurred
		7. If a fabric filter is used, the date, time, and duration of alarms
		8. If a performance evaluation of a CMS was conducted, the results, including any new operating limits and their associated calculations
		9. If you met the requirements of §62.16000(a)(3) and did not conduct a performance test, include the dates of the last three performance tests, a comparison to the 50 percent emission limit threshold of the emission level achieved in the last three performance tests, and a statement as to whether there have been any process changes
		10. Documentation of periods when all qualified SSI unit operators were unavailable for more than 8 hours but less than 2 weeks
		11. Results of annual pollutions control device inspections, including description of repairs
		12. If there were no periods during which your CMSs had malfunctions, a statement that there were no periods during which your CMSs had malfunctions
		13. If there were no periods during which your CMSs were out of control, a statement that there were no periods during which your CMSs were out of control
		14. If there were no operator training deviations, a statement that there were no such deviations
		15. Information on monitoring plan revisions, including a copy of any revised monitoring plan
Deviation report (deviations from emission limits, emission standards, or operating limits, as specified in §62.16030(e)(1))	By August 1 of a calendar year for data collected during the first half of the calendar year; by February 1 of a calendar year for data collected during the second half of the calendar year	If using a CMS: 1. Company name and address. 2. Statement by a responsible official. 3. The calendar dates and times your unit deviated from the emission limits or operating limits. 4. The averaged and recorded data for those dates. 5. Duration and cause of each deviation. 6. Dates, times, and causes for monitor downtime incidents. 7. A copy of the operating parameter monitoring data during each deviation and any test report that documents the emission levels.	§62.16030(d).
		8. For periods of CMS malfunction or when a CMS was out of control, you must include the information specified in §62.16030(d)(3)(viii)
		If not using a CMS:
		1. Company name and address
		2. Statement by a responsible official
		3. The total operating time of each affected SSI unit
		4. The calendar dates and times your unit deviated from the emission limits, emission standard, or operating limits
		5. The averaged and recorded data for those dates
		6. Duration and cause of each deviation
		7. A copy of any performance test report that showed a deviation from the emission limits or standards
		8. A brief description of any malfunction, a description of actions taken during the malfunction to minimize emissions, and corrective action taken
Notification of qualified operator deviation (if all qualified operators are not accessible for 2 weeks or more)	Within 10 days of deviation	1. Statement of cause of deviation 2. Description of actions taken to ensure that a qualified operator will be available 3. The date when a qualified operator will be accessible	§62.16030(e).
Notification of status of qualified operator deviation	Every 4 weeks following notification of deviation	1. Description of actions taken to ensure that a qualified operator is accessible 2. The date when you anticipate that a qualified operator will be accessible. 3. Request for approval to continue operation.	§62.16030(e).
Notification of resumed operation following shut down (due to qualified operator deviation and as specified in §62.15945(b)(2)(i)	Within five days of obtaining a qualified operator and resuming operation	1. Notification that you have obtained a qualified operator and are resuming operation	§62.16030(e).
Notification of a force majeure	As soon as practicable following the date you first knew, or through due diligence should have known that the event may cause or caused a delay in conducting a performance test beyond the regulatory deadline; the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification must occur as soon as practicable	1. Description of the force majeure event 2. Rationale for attributing the delay in conducting the performance test beyond the regulatory deadline to the force majeure. 3. Description of the measures taken or to be taken to minimize the delay. 4. Identification of the date by which you propose to conduct the performance test.	§62.16030(f).
Notification of intent to start or stop use of a CMS	1 month before starting or stopping use of a CMS	1. Intent to start or stop use of a CMS	§62.16030(g)
Notification of intent to conduct a performance test	At least 30 days prior to the performance test	1. Intent to conduct a performance test to comply with this subpart
Notification of intent to conduct a rescheduled performance test	At least 7 days prior to the date of a rescheduled performance test	1. Intent to conduct a rescheduled performance test to comply with this subpart

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

² CMS means continuous monitoring system.

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