response to comments 0992-aop-r4 section iv: specific

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RESPONSE TO COMMENTS Tokusen U.S.A, Inc. Permit # 0992-AOP-R4 AFIN: 23-00244 On September 19,2009 the Director of the Arkansas Department of Environmental Quality gave notice of a draft permitting decision for the above referenced facility. During the comment period the facility submitted written comments, data, views, or arguments on the draft permitting decision. The Department's response to these issues follows. SECTION IV: SPECIFIC CONDITIONS Comment #1: Specific Condition #11: This paragraph erroneously refers back to Specific Condition #11 and should refer to Specific Condition #12. Response #1: The correction has been made. Comment #2: Specific Condition #44: Listed are annual requirements for stack testing hydrogen chloride, opacity, and PM. Subpart CCCC 60.2155 indicates that if you have test data for 3 consecutive years shows that you comply with the emission limitation, you do not have to conduct a performance test for that pollutant for the next two years. Tokusen request that the past three years of stack testing data be considered as per Subpart CCCC 60.2155. Test data indicates that Tokusen has met the requirements per Subpart CCCe. Please consider modifYing SP #44 to allow for stack testing these pollutants every 3 years Response #2: The following statement has been included in Specific Condition #44: "After three consecutive years of test data that shows compliance with emission limitations, the permittee may conduct required performance test every three years not to exceed 36 months between tests." Comment #3: Plantwide Condition #7: The total metric tons of production allowed increased to 49,500. This was due to an incorrect calculation used on the renewal application - Emission Sources under SN-01. The calculation uses an annual throughput of 49,500 tons/yr. Previous throughput is listed at 45,000 tons/yr. We request to change the calculation back to the 45,000 tons/yr. • Plantwide Condition #7 will need to be listed as 45,000 tons/yr. This will also change the emission calculations to 3.8 TPY in Specific Condition #1 and the Emission Summary table. • Summary of Permit Activity the permitted emissions increase for HCL will change from 2.82 to 2.43. Response #3: The revisions have been made.

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RESPONSE TO COMMENTSTokusen U.S.A, Inc.

Permit # 0992-AOP-R4AFIN: 23-00244

On September 19,2009 the Director of the Arkansas Department of Environmental Quality gave notice ofa draft permitting decision for the above referenced facility. During the comment period the facilitysubmitted written comments, data, views, or arguments on the draft permitting decision. TheDepartment's response to these issues follows.

SECTION IV: SPECIFIC CONDITIONS

Comment #1: Specific Condition #11: This paragraph erroneously refers back to Specific Condition#11 and should refer to Specific Condition #12.

Response #1: The correction has been made.

Comment #2: Specific Condition #44: Listed are annual requirements for stack testing hydrogenchloride, opacity, and PM. Subpart CCCC 60.2155 indicates that ifyou have test datafor 3 consecutive years shows that you comply with the emission limitation, you do nothave to conduct a performance test for that pollutant for the next two years.

Tokusen request that the past three years of stack testing data be considered as perSubpart CCCC 60.2155. Test data indicates that Tokusen has met the requirements perSubpart CCCe. Please consider modifYing SP #44 to allow for stack testing thesepollutants every 3 years

Response #2: The following statement has been included in Specific Condition #44:

"After three consecutive years of test data that shows compliancewith emission limitations, the permittee may conduct requiredperformance test every three years not to exceed 36 monthsbetween tests."

Comment #3: Plantwide Condition #7: The total metric tons of production allowed increased to49,500. This was due to an incorrect calculation used on the renewal application ­Emission Sources under SN-01. The calculation uses an annual throughput of 49,500tons/yr. Previous throughput is listed at 45,000 tons/yr. We request to change thecalculation back to the 45,000 tons/yr.

• Plantwide Condition #7 will need to be listed as 45,000 tons/yr.

• This will also change the emission calculations to 3.8 TPY in Specific Condition #1and the Emission Summary table.

• Summary of Permit Activity the permitted emissions increase for HCL will changefrom 2.82 to 2.43.

Response #3: The revisions have been made.

ADEQARK A N S A SDepartment of Environmental Quality

December 2, 2009

David YarberryEnvironmental EngineerTokusen USA, Inc.PO Box 1150Conway, AR 72033

Dear Mr. Yarberry:

The enclosed Permit No. 0992-AOP-R4 is issued pursuant to the Arkansas Operating PermitProgram, Regulation # 26.

After considering the facts and requirements of A.C.A. §8-4-101 et seq., and implementingregulations, I have determined that Permit No. 0992-AOP-R4 for the construction, operation andmaintenance of an air pollution control system for Tokusen USA, Inc. to be issued and effectiveon the date specified in the permit, unless a Commission review has been properly requestedunder Arkansas Department of Pollution Control & Ecology Commission's AdministrativeProcedures, Regulation 8.603, within thirty (30) days after service ofthis decision.

All persons submitting written comments during the thirty (30) day, and all other persons entitledto do so, may request an adjudicatory hearing and Commission review on whether the decisionof the Director should be reversed or modified. Such a request shall be in the form and mannerrequired by Regulation 8.603, including filing a written Request for Hearing with the APC&ECommission Secretary at 101 E. Capitol Ave., Suite 205, Little Rock, Arkansas 72201. If youhave any questions about filing the request, please call the Commission at 501-682-7890.

Sincerely,I ,1

114jtUJ~~Mike BatesChief, Air Division

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY5301 NORTHSHORE DRIVE / NORTH UTILE ROCK / ARKANSAS 72118-5317/ TELEPHONE 501-682-0744 / FAX 501-682-0880

www.adeq.state.ar.us

ADEQOPERATINGAIR PERMIT

Pursuant to the Regulations of the Arkansas Operating Air Permit Program, Regulation 26:

Permit No. : 0992-AOP-R4

IS ISSUED TO:

Tokusen USA, Inc.1500 Amity Road

Conway, AR 72033Faulkner County.{A..FIN: 23-00244

THIS PERMIT AUTHORIZES THE ABOVE REFERENCED PERMITTEE TO INSTALL,OPERATE, AND MAINTAIN THE EQUIPMENT AND EMISSION UNITS DESCRIBED INTHE PERMIT APPLICAnON AND ON THE FOLLOWING PAGES. THIS PERMIT ISVALID BETWEEN:

December 2, 2009 ANDDecember 1, 2014

THE PERMITTEE IS SUBJECT TO ALL LIMITS AND CONDITIONS CONTAINEDHEREIN.

Signed:

Mike BatesChief, Air Division

December 2, 2009Date

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

Table of Contents

SECTION I: FACILITY INFORMATION 4SECTION II: INTRODUCTION 5

Summary of Permit Activity 5Process Description 5Regulations 8Emission Summary 9

SECTION III: PERMIT HISTORY 11SECTION IV: SPECIFIC CONDITIONS 13

SN-OIA and SN-OIB 13SN-02A, SN-02B, and SN-07 15SN-03 17SN-04 19SN-05 21SN-06A, SN-06B, and SN-06C 23SN-08 25SN-09 27SN-I0 29SN-ll 30SN-12, SN-13, SN-14, and SN-15 34SN-17 35

SECTION V: COMPLIANCE PLAN AND SCHEDULE 36SECTION VI: PLANTWIDE CONDITIONS 37

Title VI Provisions : 38SECTION VII: INSIGNIFICANT ACTIVITIES 40SECTION VIII: GENERAL PROVISIONS 41Appendix A - 40 CFR Part 60 Subpart CCCC - New Source Performance Standards (NSPS) for

Commercial and Industrial Solid Waste Incineration Units

2

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

List ofAcronyms and Abbreviations

A.C.A.

AFIN

CFR

CO

HAP

lb/hr

MVAC

No.

NOx

PM

PM10

SNAP

SOz

SSM

Tpy

UTM

VOC

Arkansas Code Annotated

ADEQ Facility Identification Number

Code of Federal Regulations

Carbon Monoxide

Hazardous Air Pollutant

Pound Per Hour

Motor Vehicle Air Conditioner

Number

Nitrogen Oxide

Particulate Matter

Particulate Matter Smaller Than Ten Microns

Significant New Alternatives Program (SNAP)

Sulfur Dioxide

Startup, Shutdown, and Malfunction Plan

Tons Per Year

Universal Transverse Mercator

Volatile Organic Compound

3

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SECTION I: FACILITY INFORMATION

PERMITTEE: Tokusen USA, Inc.

AFIN: 23-00244

PERMIT NUMBER: 0992-AOP-R4

FACILITY ADDRESS: 1500 Amity RoadConway, AR 72033

MAILING ADDRESS: P.O. Box 1150Conway, AR 72033

COUNTY: Faulkner County

CONTACT NAME: David Yarberry

CONTACT POSITION: Environmental Engineer

TELEPHONE NUMBER: 501-327-6800

REVIEWING ENGINEER: Kimberly Lindsey-O'Guinn

UTM North South (Y):

UTM East West (X):

Zone 15: 3879480.95 m

Zone 15: 553291.80 m

4

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SECTION II: INTRODUCTION

Summary of Permit ActivityTokusen USA, Inc. (Tokusen) owns and operates a steel tire cord manufacturing facility locatedat 1500 Amity Road, Conway, Faulkner County, Arkansas 72033. The steel cords are used forreinforcement ofvehicle tires. This permit modification is to renew the facility's existing permit,revise the minimum scrubber flow rates for the two Pickling Scrubbers (SN-OIA and SN-OIB)and allow the installation of an acid wet scrubber at the wastewater treatment plant to treat fumesfrom an acid neutralization tank. Permitted emissions will increase 4.7 tons/year (tpy) for PM IO,

5.3 tpy PM, 2.43 tpy HCI, and 0.0003 tpy Cr(IV). Permitted emissions will decrease 1.3 tpy CO,10.2 H2S04, and 0.916 tpy CU and Zn.

Process Description

PICKLING

Raw wire rod material is brought to Tokusen by truck, and is staged for processing in the RodWarehouse. As required by production schedules, the coils of rod are cleaned in hydrochloricacid solution, and coated with a bonderite process for surface preservation and lubrication. Twonew wet scrubbers installed in 2006 and designated HP-I and HP-2, collect and clean vaporsfrom all tanks in the pickling process, and discharge to the atmosphere as emission point sourcesSN-OIA and SN-OIB, respectively.

COARSE DRAWING

The cleaned rod is reduced in diameter by a cold forming process which draws the rod throughprogressively smaller dies to produce an intermediate material of a specified diameter. Tofacilitate the drawing process, a dry powdered lubricant is applied to the wire as it passes througheach die. A vacuum filter system provides individual vacuum connections to collect dust at eachdie station. The collected material is discharged through baghouse filters SN-02 and SN-07.

PATENTING

A heat transfer treatment process is required to restore the malleability of the cold-drawn wire,and make it suitable for further drawing. Multiple lines of wire are pulled through a furnace tosoften the wire prior to quenching. Each furnace bums natural gas, and recovers waste heat via arecuperator. The natural gas combustion products are discharged to the atmosphere as emissionsources SN-03 and SN-08.

A controlled cooling process follows the furnace called a fluidized sand bed. This unit controlsthe cooling temperature of the wire with a natural gas heated volume of zircon sand. The sand is"fluidized" by injection of high volumes of air. At the same time, natural gas burners maintainthe sand temperature. The combined discharge of the air injection and the natural gascombustion is filtered by a mechanical screen filter, SN-09, for particulate removal.

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

BRASS PLATING

The final process in the Base Mill operation is electroplating the wire with a layer of brass. Theplating process is conventional electroplating including sulfuric acid cleaner, rinse, sodiumhydroxide etch, rinse, alkaline copper plating, rinse, acid zinc plating, rinse, electric diffusion,acid finisher, rinse, and vacuum dryer.

The plating lines are divided into zones for vapor control. Emissions from the acid and alkalinecleaners and their rinses are collected by a wet scrubber system designated as PP-l. Emissionsfrom the copper plating section and rinses are collected by a wet scrubber system designated asPP-2. Emissions from the zinc plating section, the acid finisher, and their finishes, are collectedby a wet scrubber system designated as PP-3. This series of scrubbers is identified as SN-05.

Source number, SN-IO a wet scrubber system (PP-4, PP-5, PP-6) similar to SN-05accommodates, accommodates two (2) plating lines identical to the units described.

SPENT LUBRICANT

Spent lubricant is stored in a large volume (21,000 gallons) holding tank where the suspendedsolids are allowed to settle. The stream is transferred from the large holding tank to a small feedtank (40 gallons). The stream is pumped from the feed tank to a set of 4 spray nozzles thatatomize the liquid using compressed air. The atomized stream is sprayed directly into thecombustion chamber of the thermal oxidizer, SN-ll, where the water is flash evaporated. Theremaining volatile material is oxidized to dry ash and settles inside the thermal oxidizer.

FINE DRAWING

Brass Plated wire from the Base Mill is transported to the Finish Mill via forklift. The wire isloaded on the Fine Drawing machine where it is drawn through a series of dies that aresubmerged in a liquid lubricant. The lubricant is circulated from the central pit to each drawingmachine and returned to the tank. The drawn wire filament is transported to the Stranding area.

WASTEWATER TREATMENT PROCESS

The Wastewater Treatment Plant (WWTP) at the Tokusen facility consists of two processes: I)continuous flow and 2) batch treatment.

The Continuous flow system consists of dilute waters from the plating/pickling lines, scrubbers,and cooling towers. These dilute waters are pH adjusted to remove heavy metal contamination,and are then clarified. The sludge is then dewatered, and treated water sent to the local POTW.

The batch process is as follows:

Waste Acid:

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

1) Waste sulfuric acid is dumped from the plating lines into the waste acid pit. During"normal" operations this is a weekly event as two plating lines per week are taken off lineand cleaned. These lines are typically down between 12 to 24 hours.

2) Washdown water on the plating lines (during the cleanup) is collected in trenches aroundthe plating lines. The trenches are pumped to the waste acid pit.

3) The waste acid pit is pumped over to the waste acid holding tank in the WWTP.

Waste Caustic:

1) Waste sodium hydroxide is dumped from the plating lines into the waste caustic pit.During "normal" operation this occurs every two acid cleanups.

2) The waste caustic pit is pump over to the waste caustic holding tank in the WWTP.

Batch Operation:

1) The batch process tank is ~5000 gallon cone bottom tank.

2) ~1200 - 1500 gallons of waste acid is pumped from the waste acid tank into the batchprocess tank.

3) Mixer is turned on.

4) 20 minutes of city water is added to the batch tank.

5) Waste caustic and/or 50% sodium hydroxide is added to the tank to bring the pH upto 7.

6) After pH has been achieved, the batch is allowed to cool to between ambienttemperature and 100 F before dewatering through a 30 cubic foot filter press. Theeffluent from the press is directed into the continuous flow system.

All processes and storage tanks, including an acid neutralization tank, are located inside ofWWTP. The atmospheric emission from the neutralization tank is controlled by a wet scrubber(SN-16).

STRANDING

The Brass Plated Filament Wire is transported from Fine Drawing to Stranding area. The wire istwisted and formed into a multi-filament cord or cable and wound onto a spool. This product isconveyed to packing where it is prepared for shipment to the customer.

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

COOLING TOWERS

The facility utilizes twelve (12) cooling towers for the purposes of cooling process water forreuse. Particulate emissions are generated from these towers as dissolved particles are emitted tothe atmosphere with the evaporating water. These twelve towers are used as follows: five towersare used for wet drawing lubricant cooling (SN-12), two are used for brass plating H2S04 cooling(SN-13), two are used for fluidized sand bed cooling (SN-14), and three are used for coarsedrawing die block cooling (SN-15). Total cooling water flow to all twelve towers isapproximately 5,374 gallons per minute (gpm).

Regulations

The following table contains the regulations applicable to this permit.

Regulations

Arkansas Air Pollution Control Code, Regulation 18, effective January 25,2009

Regulations of the Arkansas Plan of Implementation for Air Pollution Control,Regulation 19, effective January 25,2009Regulations of the Arkansas Operating Air Permit Program, Regulation 26, effectiveJanuary 25,200940 CFR Part 60 Subpart CCCC - New Source Performance Standards (NSPS) forCommercial and Industrial Solid Waste Incineration Units

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

Emission Summary

The following table is a summary of emissions from the facility. This table, in itself, is not anenforceable condition of the permit.

EMISSION SUMMARYSource

Description PollutantEmission Rates

Number Ib/hr tpyPM 11.7 43.7

PM10 10.3 43.1

Total Allowable Emissions SOz 0.2 0.2VOC 2.1 4.5CO 3.5 14.7NOx 5.9 25.6

HAPs HCl 4.23 3.80HzS04 0.06 0.24

Air Contaminants ** Cu 0.10 0.12Zn 0.10 0.11

CrCIV) 0.00006 0.000301A Pickling Scrubber (HP-l)

HCl 4.23 3.8001B Pickling Scrubber (HP-2)

PM IO 1.2 5.302A Coarse Drawing

PM 1.2 5.3

Coarse DrawingPM10 0.5 2.1

02BPM 0.5 2.1

PMIO 1.6 7.207 Coarse Drawing

PM 1.6 7.203 Patenting Furnace04 Fluidized Sand Bed

PM 10 0.3 1.306A

BoilerPM 0.3 1.3

(8.369 MMBtu/hr)SOz 0.1 0.1

06BBoiler VOC 0.2 0.9

(8.369 MMBtu/hr)CO 3.2 13.7

06CBoiler NOx 3.8 16.4

(8.369 MMBtu/hr) Cr(VI) 0.00006 0.000308 Patenting Furnace09 Fluidized Sand Bed

HzS04 0.03 0.1105 Brass Plating Cu 0.002 0.006

Zn 0.001 0.002HzS04 0.03 0.13

10 Brass Plating Cu 0.002 0.008Zn 0.001 0.002

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Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

EMISSION SUMMARY

SourceDescription Pollutant

Emission RatesNumber lb/hr tpy

PM10 0.1 0.1PM 0.1 0.1SOz 0.1 0.1

11Thermal Oxidation VOC 1.9 3.6

Evaporator CO 0.3 1.0NOx 2.1 9.2Cu 0.10 0.10Zn 0.10 0.10

12Wet Drawing Lubricant PM IO 3.1 13.4

Cooling Towers (5) PM 3.1 13.4

13Brass Plating HzS04 PM10 0.9 3.7Cooling Towers (2) PM 0.9 3.7

14Fluidized Sand Bed PM IO 0.8 3.6Cooling Towers (2) PM 0.8 3.6

15Coarse Drawing Die PM IO 1.4 6.2

Block Cooling Towers (3) PM 1.4 6.2

16Neutralization Tank

HzS04 0.001 0.004Scrubber

17 Road FugitivePM IO 0.4 0.2PM 1.8 0.8

*HAPs mcluded m the VOC totals. Other HAPs are not mcluded in any other totals unlessspecifically stated.**Air Contaminants such as ammonia, acetone, and certain halogenated solvents are not VOCsor HAPs.

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SECTION III: PERMIT HISTORY

Air Permit # 992- A was issued to this facility on December 12, 1989. This permit was theinitial permit for the facility. This permitting action covered the first stage of the two stageoperation planned for the facility. There was no air emissions associated with Stage 1.

Air Permit #992-AR-l was issued to this facility on February 26, 1990. This permitmodification included Stage II; which included pickling, drawing, brass plating, and patenting.Total emissions for the facility were 5.0 tons/year PM, 3.66 tons/year NOx, 0.002 tons/year Cu,0.0122 tons/year Zn, 0.50 tons/year HCI, 0.0096 tons/year HzS04 and 0.0096 tons/year Pb.

Air Permit #992-AR-2 was issued on February 28, 1994. This permit modification includedmodeling results for HzS04• HzS04 emissions increased from 0.0096 tons/year to 5.22 tons/year.Modeling revealed that HzS04 emissions from brass plating, SN-05, meet the 1% TLV criteria.

Air Permit #992-AR-3 was issued in February 1996. This permit modification was to include thenew sources, SN-06c, SN-08, SN-09, and SN-10. Annual permitted emissions increased to 5.24tons/year ofPMIPM IO, 4.11 tons/year ofNOx, and 5.38 tons/year ofHzS04 •

Air Permit #992-AOP-RO was issued on February 7, 2005. Tokusen installed a waste waterevaporator (SN-11) in the summer of 2002. Subsequent to the installation, it was determined bythe Department that the evaporator was subject to 40 CFR Part 60, Subpart CCCC, New SourcePerformance Standards for Commercial and Industrial Solid Waste Incineration Units.Effective February 11, 2003 Tokusen entered into a Consent Administrative Order with theDepartment which required Tokusen to be in compliance with all provisions of Subpart CCCCwithin 120 days of the effective day of the order. Subpart CCCC has a variety of requirements,including that all Subpart CCCC facilities obtain a Title V Operating Permit. Prior to thispermit, Tokusen had operated the facility under Air Permit # 0992-AR-3. Tokusen became incompliant with that requirement with the issuance of this permit. Additionally, the twelve (12)existing facility cooling towers were included in this permit for the first time. Permittedemission limits for PMIOIPM, SOz, VOC, CO and NOx increased by 28.2 tons/year (tpy), 0.2 tpy,4.5 tpy, 14.1 tpy, and 9.7 tpy, respectively. H2S04, Cu, and Zn emissions decreased by 0.16 tpy,0.07 tpy, and 0.08 tpy, respectively.

Air Permit #0992-AOP-R1 was issued on March 27, 2006. The facility was granted permissionby the Department to show compliance with the emission limits for the affected scrubbers (SN­01 and SN-05) through a one-time stack test of each scrubber at the lower flow rates. Afterperforming stack testing, the test results indicated zinc emissions from the SN-05 scrubbers wereabove permitted levels. This permit modification allows an increase in permitted zinc andcopper emission limits by 0.5 tons/year (tpy) each. Total facility emissions were permitted at:38.4 tpy PM, 38.4 tpy PM lO, 0.2 tpy SOz, 4.5 tpy VOC, 16.0 tpy CO, 25.6 tpy NOx, 1.50 tpyHCI, 10.44 tpy Hydrogen Sulfide, 1.03 tpy Copper, and 1.02 tpy Zinc.

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Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

Air Pennit #0992-AOP-R2 was issued on January 1, 2007. With this pennit modificationTokusen removed two (2) existing scrubbers (SN-Ol, HP-l and HP-2) from the picklingoperation and replaced them with two (2) new scrubbers (SN-OIA and SN-OIB, HP-l and HP-2,respectively.) Subsequent engineering by the equipment manufacturer resulted in a change to therequired operating conditions of the scrubbers (HP-l and HP-2), as stated in the originalapplication. The revised operating conditions were incorporated into the pennit. Pennittedemissions due to this modification decreased as follows: - 0.13 tpy Hel.

Air Pennit #0992-AOP-R3 was issued on October 11, 2007. This pennit modification allowedthe replacement of the brass plating scrubber (SN-05) with a new scrubber. Pennitted emissionrates remained the same.

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Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SECTION IV: SPECIFIC CONDITIONS

SN-OIA and SN-OIBPickling Scrubbers

Source DescriptionPrior to processing the raw wire rod material, coils of the rod are cleaned in a hydrochloric acidsolution, and coated with a bonderite (ZNP04) process for surface preservation and lubrication.Two wet scrubbers, designated as HP-I and HP-2, collect and clean vapors from all tanks in thepickling process. These two scrubbers are designated as SN-OIA and SN-OIB, respectively.

Specific Conditions

I. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.801, and AC.A §8-4-203 as referenced byAC.A. §8-4-304 and §8-4-311]]

SN Pollutant lb/hr tpy

OIAHCI 4.23 3.80

OIB

2. Visible emissions may not exceed the limits specified in the following table of this pennitas measured by EPA Reference Method. Compliance with this condition will bedemonstrated by compliance with Specific Condition #3. [Regulation No. 19 §19.503, 40CFR Part 52, Subpart E]

SN Limit Regulatory Citation

OIA 20% §19.503

OIB 20% §19.503

3. The pennittee shall monitor the scrubber water flow rate to the pickling scrubbers. Theflow rate for HP-I (SN-OIA) shall be operated at a minimum flow rate of225 gallons perminute (gpm). The flow rate for HP-2 (SN-OIB) shall be operated at a minimum flowrate of 200 gpm. [§18.1004 of Regulation 18 and AC.A. §8-4-203 as referenced by§8-4-304 and §8-4-311]

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

4. The permittee shall continuously monitor the scrubber water flow rate in order todemonstrate compliance with Specific Condition #3. The scrubber monitoring systemshall be connected to an audible alarm system that will sound if the scrubber water flowrate drops below the levels set forth in Specific Condition #3. The permittee shall recordeach instance in which the scrubber water flow rate drops below permitted levels. Theserecords shall be maintained in a log book or other similar well-organized format. Theserecords shall indicate the date and time of the excursion and what corrective action wastaken to correct the low flow rate. These records shall be updated as necessary, bemaintained on-site, and submitted to the Department in accordance with GeneralProvision #7. [§18.1004 of Regulation 18 and A.c.A. §8-4-203 as referenced by§8-4-304 and §8-4-311]

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SN-02A, SN-02B, and SN-07Coarse Drawing

Source DescriptionEight Coarse Drawing lines draw the rod through progressively smaller dies to produce anintermediate material of specified diameter. The eight drawing lines are exhausted through threebaghouses: three lines through SN-02A; one line through SN-02B; and four lines through SN-07.

Specific Conditions

5. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

SN Pollutant Iblhr tpy

02A PM10 1.2 5.3

02B PM10 0.5 2.1

07 PMIO 1.6 7.2

6. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.801 and A.c.A. §8-4-203 as referenced byA.c.A. §8-4-304 and §8-4-311]

SN Pollutant 1blhr tpy

2A PM 1.2 5.0

2B PM 0.1 0.1

07 PM 1.2 5.0

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

7. Visible emissions may not exceed the limits specified in the following table of this permitas measured by EPA Reference Method 9.

SN Limit Regulatory Citation

2A 5% §18.501

2B 5% §18.50l

07 5% §18.50l

8. The permittee shall conduct weekly observations of the opacity from sources SN-02A,SN-02B and SN-07 and keep a record of these observations. If the permittee detectsvisible emissions, the permittee must immediately take action to identify and correct thecause of the visible emissions. After implementing the corrective action, the permitteemust document that the source complies with the visible emissions requirements. Thepermittee shall maintain records of the cause of any visible emissions and the correctiveaction taken. The permittee must keep these records onsite and make them available toDepartment personnel upon request.

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Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SN-03Patenting Furnace

Source DescriptionA heat transfer treatment process is required to restore the malleability of the cold-drawn wire,and make it suitable for further drawing. Multiple lines of wire are pulled through a furnace tosoften the wire prior to quenching. The natural gas combustion products are discharged to theatmosphere as emission source SN-03.

Specific Conditions

9. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

Pollutant lb/hr* Tpy*

PM10 0.3 1.3

S02 0.1 0.1

VOC 0.2 0.9

CO 3.2 13.7

NOx 0.2 16.4

* Natural gas combustion sources emissions are combined: SN-03, SN-04, SN-06NB/C, SN-08, and SN-09.

10. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.801, and A.C.A. §8-4-203 as referenced byA.C.A. §8-4-304 and §8-4-311]

Pollutant lb/hr* Tpy*

PM 0.3 1.3* Natural gas combustion sources ermSSlOns are combmed: SN-03, SN-04, SN-06NB/C, SN-08, and SN-09.

11. Visible emissions may not exceed 5% opacity at SN-03 as measured by EPA ReferenceMethod 9. Compliance with this condition will be demonstrated by compliance withSpecific Condition #12. [Regulation No. 18 §18.501, and A.C.A. §8-4-203 as referencedby §8-4-304 and §8-4-311]

17

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

12. The pennittee shall comply with Specific Condition #11 by burning only pipeline-qualitynatural gas. No other fuel shall be used at SN-03 without first modifying this pennit.The natural gas process equipment is pennitted for their maximum capacity. Therefore,no record keeping of natural gas usage is required. [Regulation No. 18 §18.1004 andA.C.A. §8-4-203 as referenced by §8-4-304 and §8-4-311

18

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SN-04Fluidized Sand Bed

Source DescriptionA controlled cooling process follows the furnace called a fluidized sand bed. This unit controlsthe cooling temperature of the wire with a natural gas heated volume of zircon sand. The sand is"fluidized" by injection of high volumes of air. The natural gas combustion products aredischarged to the atmosphere as emission source SN-04.

Specific Conditions

13. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, SubpartE]

Pollutant lb/hr* Tpy*

PMIO 0.3 1.3

S02 0.1 0.1

VOC 0.2 0.9

CO 3.2 13.7

NOx 0.2 16.4

* Natural gas combustion sources emissions are combined: SN-03, SN-04, SN-06A/B/C, SN-08, and SN-09.

14. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.80l, and AC.A. §8-4-203 as referenced byAC.A §8-4-304 and §8-4-3l1]

Pollutant lb/hr* Tpy*

PM 0.1 1.3

Cr(VI) 0.00006 0.0003

* Natural gas combustion sources emissions are combined: SN-03, SN-04, SN-06A/B/C, SN-08, and SN-09.

19

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

15. Visible emissions may not exceed 5% opacity at SN-04 as measured by EPA ReferenceMethod 9. Compliance with this condition will be demonstrated by compliance withSpecific Condition #16. [Regulation No. 18 §18.501 and A.c.A. §8-4-203 as referencedby §8-4-304 and §8-4-311]

16. The pennittee shall comply with Specific Condition #15 by burning only pipeline-qualitynatural gas. No other fuel shall be used at SN-04 without first modifying this pennit.The natural gas process equipment is pennitted for their maximum capacity. Therefore,no record keeping of natural gas usage is required. [Regulation No. 18 §18.1 004 andA.c.A. §8-4-203 as referenced by §8-4-304 and §8-4-311]

20

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SN-05Brass Plating

Source Description

Emissions from the brass plating operations are controlled by a group of three scrubbers for eachof the two production lines, designated as SN-05 and SN-I0. Emissions from the acid andalkaline cleaners and their rinses are collected by one scrubber for each line; emissions from thecopper plating section and rinses are collected by a second scrubber for each line; and emissionsfrom the zinc plating section, the acid finisher and their rinses are collected by a third scrubbers.

Specific Conditions

17. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.801, and AC.A §8-4-203 as referenced byAC.A. §8-4-304 and §8-4-311]

O.vO,V.VVLvU

Pollutant Ib/hr tpy

H2SO4 0.03 0.11

r'" II 1111') {\ '7

Zn 0.001 0.002

18. Visible emissions may not exceed 20% opacity at SN-05 as measured by EPA ReferenceMethod 9. Compliance with this condition will be demonstrated by compliance withSpecific Condition #19. [Regulation No. 19 §19.503, 40 CFR Part 52, Subpart E]

19. The pennittee shall monitor the scrubber water flow rate to the brass plating scrubbers.The minimum flow rates for the scrubbers shall be 200 gal/min for PP-l, 160 gal/min forPP-2, and 125 gal/min for PP-3. This monitoring shall begin within 90 days of issuanceof this pennit. [§18.1004 of Regulation 18 and AC.A. §8-4-203 as referenced by§8-4-304 and §8-4-311]

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Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

20. The pennittee shall continuously monitor the scrubber water flow rate in order todemonstrate compliance with Specific Condition #19. The scrubber monitoring systemshall be connected to an audible alann system that will sound if the scrubber water flowrate drops below the levels set forth in Specific Condition #19. The pennittee shallrecord each instance in which the scrubber water flow rate drops below pennitted levels.These records shall be maintained in a log book or other similar well-organized fonnat.These records shall indicate the date and time of the excursion and what corrective actionwas taken to correct the low flow rate. These records shall be updated as necessary, bemaintained on-site, and submitted to the Department in accordance with GeneralProvision #7. [§18.1004 of Regulation 18 and A.c.A. §8-4-203 as referenced by§8-4-304 and §8-4-311

22

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SN-06A, SN-06B, and SN-06CNatural Gas Boilers

Source DescriptionThis source consists of three (3) 8.369 MMBTU/hr natural gas-fired boilers.

Specific Conditions

21. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

SN Pollutant lb/hr* Tpy*

06A PM10 0.3 1.3S02 0.1 0.1

06B VOC 0.2 0.9

06C CO 3.2 13.7NOx 0.2 16.4

* Natural gas combustion sources emissions are combined: SN-03, SN-04, SN-06A1B/C, SN-08, and SN-09.

22. The pennittee shall not exceed the emission rates set forth in the following table. Thepennittee shall demonstrate compliance with this condition by compliance withPlantwide Condition #7. [Regulation 18, §18.801, and A.C.A. §8-4-203 as referenced byA.c.A. §8-4-304 and §8-4-311]

SN Pollutant lb/hr* Tpy*

06APM

0.1 1.306B Cr(V1) 0.00006 0.000306C

* Natural gas combustion sources emissions are combined: SN-03, SN-04, SN-06AIB/C, SN-08, and SN-09.

23. Visible emissions may not exceed 5% opacity at the boilers (SN-06A, SN-06B, andSN-06C) as measured by EPA Reference Method 9. Compliance with this condition willbe demonstrated by compliance with Specific Condition #24. [Regulation No. 18 §18.501and A.C.A. §8-4-203 as referenced by §8-4-304 and §8-4-311]

23

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SN-llThermal Oxidation Evaporator

Source DescriptionThe spent lubricant stream is stored in a holding tank where the suspended solids are allowed tosettle. The stream is transferred from the holding tank to a small feed tank. The stream ispumped from the feed tank to a set of 4 spray nozzles that atomize the liquid. The atomizedstream is sprayed directly into the combustion chamber of the thermal oxidizer (SN-ll) wherethe water is flash evaporated. The remaining volatile material is oxidized to dry ash and settlesinside the thermal oxidizer.

Specific Conditions

37. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance with SpecificConditions #40 and #44. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

Pollutant lb/hr tpy

PM10 0.1 0.1

SOz 0.1 0.1

VOC 1.9 3.6

CO 0.3 1.0

NOx 2.1 9.2

38. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance with SpecificConditions #40 and #44. [Regulation 18, §18.801, and A.C.A. §8-4-203 as referenced byA.C.A. §8-4-304 and §8-4-311]

Pollutant lb/hr tpy

PM 0.1 0.1

Cu 0.10 0.10

Zn 0.10 0.10

30

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

39. Visible emissions may not exceed 10% opacity at SN-II as measured by EPA ReferenceMethod 9. Compliance with this condition will be demonstrated by the installation andoperation of a baghouse leak detection system as required by Subpart CCCC asreferenced by Specific Condition #45. [Regulation No. 19 §19.503, 40 CFR Part 52,Subpart E, and 40 CFR §60.21 05]

40. The maximum allowable production at SN-ll is 600,000 gallons of spent lubricant at thefacility per consecutive 12 month period. [Regulation No. 19 §19.705, A.c.A. §8-4-203as referenced by §8-4-304 and 40 CFR 70.6]

41. The permittee shall maintain monthly records to demonstrate compliance with SpecificCondition #40. The permittee will update the records by the fifteenth day of the monthfollowing the month to which the records pertain. The permittee will maintain a twelvemonth rolling total and each individual month's data on-site, made available toDepartment personnel upon request and submit in accordance with General Provision #7.[Regulation No. 19 §19.705 et seq. effective May 28,2006, and 40 CFR Part 52, SubpartE]

42. Source No. 11 is subject to 40 CFR Part 60, Subpart CCCC, New Source PerformanceStandards for Commercial and Industrial Solid Waste Incineration Units. Applicablerequirements include, but are not limited to, the requirements listed in the followingspecific conditions. [40 CFR §60.2010]

43. The permittee shall maintain site specific documents to demonstrate compliance with 40CFR §60.2095. The documents shall be made available to operators and/or regulatoryofficials and shall include the following: [Regulation No. 19 §19.501, 40 CFR Part 52,Subpart E and 40 CFR §60.2095]

a. Summary of the Subpart CCCC requirements.

b. Procedures for receiving, handling and charging waste.

c. Incinerator startup, shutdown, and malfunction procedures.

d. Procedures for maintaining proper combustion air supply levels.

e. Procedures for operating the incinerator and air pollution control systems withinthe standards.

f. Monitoring procedures for demonstrating compliance with operating limits.

g. Reporting and record keeping procedures.

h. The Waste Management Plan.

1. Procedures for handling ash.

J. A list of the wastes burned during the performance test.

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

k. Operator Training Records including names and dates when all items above arereviewed both initially and annually.

1. Telephone and/or page numbers of all qualified operators.

44. The permittee shall not exceed the emission limits set forth in the following table. Thepermittee will demonstrate compliance with this condition by completing the appropriatePerformance Test. All initial testing, including the first annual tests, shall be conductedwithin 180 days of the issuance of final permit No. 0992-AOP-RO. After three consecutiveyears of test data that shows compliance with emission limitations, the permittee may conductrequired performance test every three years not to exceed 36 months between tests. [RegulationNo. 19 §19, 40 CFR Part 52, Subpart E, and 40 CFR §60.2105]

Thermal Oxidizer Emission Limitations

Air Pollutant LimitPerformance

Test TimeframeTest Method

Dioxins/Furans 0.41 nanograms/dscfin 23 InitialHydrogen Chloride 62 ppm (dry volume) 26A Annual

Lead 0.04 mg/dscm 29 InitialMercury 0.47 mg/dscm 29 InitialOpacity 10% 9 Annual

NOx 388 ppm (dry volume)7, 7A, 7C, 7D,

Initialor7E

PM 70 mg per dscm 5 or 29 AnnualS02 20 ppm (dry volume) 6or6C Initial

45. The permittee shall comply with the monitoring requirements of Subpart CCCC throughinstallation, calibration, maintenance and continuous operation of a bag leak detectionsystem as specified in 40 CFR §60.2l65(b)(l) through (8). [Regulation No. 19 §19.501,40 CFR Part 52, Subpart E and 40 CFR §60.2l65(b)(l)]

46. The permittee shall maintain the fourteen items as specified in paragraphs §60.2175 (a)through (n). These items are summarized in the following list: [Regulation No. 19§19.501, 40 CFR Part 52, Subpart E and 40 CFR §60.2175]

a. Calendar date of each record.

b. Records that are described in (b)(l) through (6) ofthis section.

c. Dates and times for which monitoring systems used to monitor operating limitswere inoperative, inactive, malfunctioning, or out of control. Identify operatingparameters not measured, the duration, reasons, and description of correctiveactions taken.

d. Dates, times, and duration of malfunctions, and a description of the malfunctionand the corrective action taken.

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Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

e. Dates and times for which data show a deviation from the operating limits inTable 2 of this subpart or a deviation from other operating limits establishedunder §60.2115 with a description of the deviations, reasons for such deviations,and a description of corrective actions taken.

f. The results of the initial, annual, and any subsequent performance tests conductedto determine compliance with the emission limits and/or to establish operatinglimits, as applicable.

g. All documentation produced as a result of the siting requirements of §60.2045 and§60.2050.

h. Records showing the names of CISWI unit operators who have completed reviewof the information in §60.2095 (a) as required by §60.2095 (b), including the dateof the initial review and subsequent annual reviews.

1. Records showing the names of the CISWI operators who have completed theoperator training requirements, met the criteria for qualification, and maintainedor renewed their qualification. Records must include documentation of training,the dates of the initial and refresher training, and the dates of their qualificationand all subsequent renewals of such qualifications.

J. The phone and/or pager number at which they can be reached during operatinghours.

k. Records of calibration of any monitoring devices as required under §60.2165.

1. Equipment vendor specifications and related operation and maintenancerequirements for the incinerator, emission controls, and monitoring equipment.

m. The information listed in §60.2095(a).

n. On a daily basis, keep a log of the quantity of waste burned and the types ofwasteburned (always required).

33

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SN-12, SN-13, SN-14, and SN-15Cooling Towers

Source Description

The facility operates four (4) cooling towers groups to treat cooling tower. Those groups are wetdrawing lubricant cooling towers (5) (SN-12), brass plating H2S04 cooling towers (2) (SN-13),fluidized sand bed cooling towers (2) (SN-14) and coarse drawing die block cooling towers (3)(SN-15). All are equipped with mist eliminators.

Specific Conditions

47. The pennittee shall not exceed the emission rates set forth in the following table.Emissions from these sources have been calculated based on the maximum capacity ofeach unit. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

SN Pollutant lb/hr tpy

12 PM10 3.1 13.4

13 PM10 0.9 3.7

14 PM IO 0.8 3.6

15 PM10 1.4 6.2

48. The pennittee shall not exceed the emISSIOn rates set forth in the following table.Emissions from these sources have been calculated based on the maximum capacity ofeach unit. [Regulation 18, §18.801, and AC.A §8-4-203 as referenced by A.C.A §8-4­304 and §8-4-311]

SN Pollutant lb/hr tpy

12 PM 3.1 13.4

13 PM 0.9 3.7

14 PM 0.8 3.6

15 PM 1.4 6.2

34

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SN-17Road Fugitive Emissions

Source DescriptionTraffic on unpaved roadways on the site property can create fugitive dust emissions as PM IO •

These emissions are calculated based on vehicular traffic, the actual distance traveled, siteoperating hours and control measures (i.e. water of roads).

Specific Conditions

49. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance with SpecificCondition #51. [Regulation 19, §19.501 et seq. and 40 CFR Part 52, Subpart E]

Pollutant lblhr tpy

PMIO 0.4 0.2

50. The permittee shall not exceed the emission rates set forth in the following table. Thepermittee shall demonstrate compliance with this condition by compliance with SpecificCondition #51. [Regulation 18, §18.801, and A.C.A. §8-4-203 as referenced by AC.A§8-4-304 and §8-4-311]

Pollutant

PM

lb/hr

1.8

tpy

0.8

51. The permittee shall not operate in a manner such that fugitive emissions from the haulroads would cause a nuisance off-site or allow visible emissions from extending beyondthe property boundary. Under normal conditions, off-site opacity less than or equal to5% shall not be considered a nuisance. The permittee shall use water sprays or othertechniques as necessary to control fugitive emissions that migrate off-site. [Regulation18, §18.501, and A.C.A §8-4-203 as referenced by AC.A. §8-4-304 and §8-4-311]

35

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SECTION V: COMPLIANCE PLAN AND SCHEDULE

Tokusen USA, Inc. will continue to operate in compliance with those identified regulatoryprovIsIons. The facility will examine and analyze future regulations that may apply anddetermine their applicability with any necessary action taken on a timely basis.

36

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SECTION VI: PLANTWIDE CONDITIONS

1. The permittee shall notify the Director in writing within thirty (30) days aftercommencing construction, completing construction, first placing the equipment and/orfacility in operation, and reaching the equipment and/or facility target production rate.[Regulation 19, §19.704, 40 CFR Part 52, Subpart E, and A.C.A. §8-4-203 as referencedby A.C.A. §8-4-304 and §8-4-311]

2. If the permittee fails to start construction within eighteen months or suspendsconstruction for eighteen months or more, the Director may cancel all or part of thispermit. [Regulation 19, §19.41O(B) and 40 CFR Part 52, Subpart E]

3. The permittee must test any equipment scheduled for testing, unless otherwise stated inthe Specific Conditions of this permit or by any federally regulated requirements, withinthe following time frames: (1) new equipment or newly modified equipment within sixty(60) days of achieving the maximum production rate, but no later than 180 days afterinitial start up of the permitted source or (2) operating equipment according to the timeframes set forth by the Department or within 180 days of permit issuance if no date isspecified. The permittee must notify the Department of the scheduled date of compliancetesting at least fifteen (15) days in advance of such test. The permittee shall submit thecompliance test results to the Department within thirty (30) days after completing thetesting. [Regulation 19, §l9.702 and/or Regulation 18 §18.1002 and A.C.A. §8-4-203 asreferenced by A.C.A. §8-4-304 and §8-4-311]

4. The permittee must provide:

a. Sampling ports adequate for applicable test methods;b. Safe sampling platforms;c. Safe access to sampling platforms; andd. Utilities for sampling and testing equipment.

[Regulation 19, §19.702 and/or Regulation 18, §18.1002 and A.C.A. §8-4-203 asreferenced by A.C.A. §8-4-304 and §8-4-311]

5. The permittee must operate the equipment, control apparatus and emission monitoringequipment within the design limitations. The permittee shall maintain the equipment ingood condition at all times. [Regulation 19, §19.303 and A.C.A. §8-4-203 as referencedby A.C.A. §8-4-304 and §8-4-311]

6. This permit subsumes and incorporates all previously issued air permits for this facility.[Regulation 26 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

7. The permittee shall not exceed 45,000 metric tons of carbon steel wire produced at thefacility per consecutive 12 month period. [Regulation No. 19 §19.705 A.C.A. §8-4-203as referenced by §8-4-304 and §8-4-311and 40 CFR 70.6]

37

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

8. The pennittee will maintain monthly records to demonstrate compliance with PlantwideCondition #7. The pennittee will update the records by the fifteenth day of the monthfollowing the month to which the records pertain. The pennittee will maintain a twelvemonth rolling total and each individual month's data on-site. These records shall bemade available to Department personnel upon request and submitted in accordance withGeneral Provision #7. [§19.705 of Regulation 19 and A.c.A. §8-4-203 as referenced by§8-4-304 and §8-4-3ll]

Title VI Provisions

9. The pennittee must comply with the standards for labeling of products using ozone­depleting substances. [40 CFR Part 82, Subpart E]

a. All containers containing a class I or class II substance stored or transported, allproducts containing a class I substance, and all products directly manufacturedwith a class I substance must bear the required warning statement if it is beingintroduced to interstate commerce pursuant to §82.l06.

b. The placement of the required warning statement must comply with therequirements pursuant to §82.l08.

c. The fonn of the label bearing the required warning must comply with therequirements pursuant to §82.11 O.

d. No person may modify, remove, or interfere with the required warning statementexcept as described in §82.112.

10. The pennittee must comply with the standards for recycling and emissions reduction,except as provided for MVACs in Subpart B. [40 CFR Part 82, Subpart F]

a. Persons opening appliances for maintenance, service, repair, or disposal mustcomply with the required practices pursuant to §82.156.

b. Equipment used during the maintenance, service, repair, or disposal of appliancesmust comply with the standards for recycling and recovery equipment pursuant to§82.158.

c. Persons perfonning maintenance, service repair, or disposal of appliances must becertified by an approved technician certification program pursuant to §82.161.

d. Persons disposing of small appliances, MVACs, and MVAC like appliances mustcomply with record keeping requirements pursuant to §82.166. ("MVAC likeappliance" as defined at §82.152)

e. Persons owning commercial or industrial process refrigeration equipment mustcomply with leak repair requirements pursuant to §82.156.

f. Owners/operators of appliances nonnally containing 50 or more pounds ofrefrigerant must keep records of refrigerant purchased and added to suchappliances pursuant to §82.166.

11. If the pennittee manufactures, transfonns, destroys, imports, or exports a class I or classII substance, the permittee is subject to all requirements as specified in 40 CFR Part 82,Subpart A, Production and Consumption Controls.

38

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

12. If the permittee perfonns a service on motor (fleet) vehicles when this service involvesozone depleting substance refrigerant (or regulated substitute substance) in the motorvehicle air conditioner (MVAC), the pennittee is subject to all the applicablerequirements as specified in 40 CFR part 82, Subpart B, Servicing ofMotor Vehicle AirConditioners.

The tenn "motor vehicle" as used in Subpart B does not include a vehicle in which finalassembly of the vehicle has not been completed. The term "MVAC" as used in SubpartB does not include the air tight sealed refrigeration system used as refrigerated cargo, orthe system used on passenger buses using HCFC 22 refrigerant.

13. The pennittee can switch from any ozone depleting substance to any alternative listed inthe Significant New Alternatives Program (SNAP) promulgated pursuant to 40 CFR Part82,SubpartG.

39

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

SECTION VII: INSIGNIFICANT ACTIVITIES

The following sources are insignificant activities. Any activity that has a state or federalapplicable requirement shall be considered a significant activity even if this activity meets thecriteria of §26.304 ofRegulation 26 or listed in the table below. Insignificant activitydetenninations rely upon the infonnation submitted by the pennittee in an application datedMarch 5, 2009 and March 11, 2009.

Description Category

Scrap Metal Welding A-13

Lime Silo A-13

78% Phosphoric Acid Tank (1,000 gal) B-21

50% Sodium Hydroxide Tank (3,000 gal) A-4

Maintenance Area Activities, including Welding, Caustics PartsB-14

Washer, and Varsol Parts Washer

Wastewater Holding Tank A-13

Demister (SN-16) A-13

40

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

SECTION VIII: GENERAL PROVISIONS

1. Any terms or conditions included in this permit which specify and reference ArkansasPollution Control & Ecology Commission Regulation 18 or the Arkansas Water and AirPollution Control Act (AC.A §8-4-101 et seq.) as the sole origin of and authority for theterms or conditions are not required under the Clean Air Act or any of its applicablerequirements, and are not federally enforceable under the Clean Air Act. ArkansasPollution Control & Ecology Commission Regulation 18 was adopted pursuant to theArkansas Water and Air Pollution Control Act (A.C.A §8-4-101 et seq.). Any terms orconditions included in this permit which· specify and reference Arkansas PollutionControl & Ecology Commission Regulation 18 or the Arkansas Water and Air PollutionControl Act (AC.A §8-4-101 et seq.) as the origin of and authority for the terms orconditions are enforceable under this Arkansas statute. [40 CFR 70.6(b)(2)]

2. This permit shall be valid for a period of five (5) years beginning on the date this permitbecomes effective and ending five (5) years later. [40 CFR 70.6(a)(2) and §26.701(B) ofthe Regulations of the Arkansas Operating Air Permit Program (Regulation 26)]

3. The permittee must submit a complete application for permit renewal at least six (6)months before permit expiration. Permit expiration terminates the permittee's right tooperate unless the permittee submitted a complete renewal application at least six (6)months before permit expiration. If the permittee submits a complete application, theexisting permit will remain in effect until the Department takes final action on therenewal application. The Department will not necessarily notify the permittee when thepermit renewal application is due. [Regulation 26, §26.406]

4. Where an applicable requirement of the Clean Air Act, as amended, 42 U.S.C. 7401, etseq. (Act) is more stringent than an applicable requirement of regulations promulgatedunder Title IV of the Act, the permit incorporates both provisions into the permit, and theDirector or the Administrator can enforce both provisions. [40 CFR 70.6(a)(l )(ii) andRegulation 26, §26.701(A)(2)]

5. The permittee must maintain the following records of monitoring information as requiredby this permit.

a. The date, place as defined in this permit, and time of sampling or measurements;b. The date(s) analyses performed;c. The company or entity performing the analyses;d. The analytical techniques or methods used;e. The results of such analyses; andf. The operating conditions existing at the time of sampling or measurement.

[40 CFR 70.6(a)(3)(ii)(A) and Regulation 26, §26.701(C)(2)]

41

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

6. The pennittee must retain the records of all required monitoring data and supportinfonnation for at least five (5) years from the date of the monitoring sample,measurement, report, or application. Support infonnation includes all calibration andmaintenance records and all original strip chart recordings for continuous monitoringinstrumentation, and copies of all reports required by this pennit. [40 CFR70.6(a)(3)(ii)(B) and Regulation 26, §26.701(C)(2)(b)]

7. The pennittee must submit reports of all required monitoring every six (6) months. Ifpennit establishes no other reporting period, the reporting period shall end on the last dayof the anniversary month of the initial Title V pennit. The report is due within thirty (30)days of the end of the reporting period. Although the reports are due every six months,each report shall contain a full year of data. The report must clearly identify all instancesof deviations from pennit requirements. A responsible official as defined in RegulationNo. 26, §26.2 must certify all required reports. The pennittee will send the reports to theaddress below:

Arkansas Department of Environmental QualityAir DivisionATTN: Compliance Inspector Supervisor5301 Northshore DriveNorth Little Rock, AR 72118-5317

[40 C.F.R. 70.6(a)(3)(iii)(A) and Regulation 26, §26.701(C)(3)(a)]

8. The pennittee shall report to the Department all deviations from pennit requirements,including those attributable to upset conditions as defined in the pennit.

a. For all upset conditions (as defined in Regulation19, § 19.601), the pennittee willmake an initial report to the Department by the next business day after thediscovery of the occurrence. The initial report may be made by telephone andshall include:

1. The facility name and location;11. The process unit or emission source deviating from the pennit limit;

lll. The pennit limit, including the identification of pollutants, from whichdeviation occurs;

IV. The date and time the deviation started;v. The duration of the deviation;

VI. The average emissions during the deviation;VB. The probable cause of such deviations;

VB1. Any corrective actions or preventive measures taken or being taken toprevent such deviations in the future; and

IX. The name of the person submitting the report.

42

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

The pennittee shall make a full report in writing to the Department within five (5)business days of discovery of the occurrence. The report must include, in addition tothe infonnation required by the initial report, a schedule of actions taken or plannedto eliminate future occurrences and/or to minimize the amount the pennit's limitswere exceeded and to reduce the length of time the limits were exceeded. Thepennittee may submit a full report in writing (by facsimile, overnight courier, or othermeans) by the next business day after discovery of the occurrence, and the report willserve as both the initial report and full report.

b. For all deviations, the pennittee shall report such events in semi-annual reportingand annual certifications required in this pennit. This includes all upsetconditions reported in 8a above. The semi-annual report must include all theinfonnation as required by the initial and full reports required in 8a.

[Regulation 19, §19.601 and §19.602, Regulation 26, §26.701(C)(3)(b), and 40 CFR70.6(a)(3)(iii)(B)]

9. If any provision of the pennit or the application thereof to any person or circumstance isheld invalid, such invalidity will not affect other provisions or applications hereof whichcan be given effect without the invalid provision or application, and to this end,provisions of this Regulation are declared to be separable and severable. [40 CFR70.6(a)(5), Regulation 26, §26.701(E), and AC.A §8-4-203 as referenced by AC.A §8­4-304 and §8-4-311]

10. The pennittee must comply with all conditions of this Part 70 pennit. Any pennitnoncompliance with applicable requirements as defined in Regulation 26 constitutes aviolation of the Clean Air Act, as amended, 42 U.S.C. §7401, et seq. and is grounds forenforcement action; for pennit tennination, revocation and reissuance, for pennitmodification; or for denial of a pennit renewal application. [40 CFR 70.6(a)(6)(i) andRegulation 26, §26.701(F)(l)]

1I. It shall not be a defense for a pennittee in an enforcement action that it would have beennecessary to halt or reduce the pennitted activity to maintain compliance with theconditions of this pennit. [40 CFR 70.6(a)(6)(ii) and Regulation 26, §26.701(F)(2)]

12. The Department may modify, revoke, reopen and reissue the pennit or tenninate thepennit for cause. The filing of a request by the pennittee for a pennit modification,revocation and reissuance, tennination, or of a notification of planned changes oranticipated noncompliance does not stay any pennit condition. [40 CFR 70.6(a)(6)(iii)and Regulation 26, §26.701(F)(3)] .

13. This pennit does not convey any property rights of any sort, or any exclusive privilege.[40 CFR 70.6(a)(6)(iv) and Regulation 26, §26.701(F)(4)]

43

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

14. The permittee must furnish to the Director, within the time specified by the Director, anyinformation that the Director may request in writing to determine whether cause exists formodifying, revoking and reissuing, or terminating the permit or to determine compliancewith the permit. Upon request, the permittee must also furnish to the Director copies ofrecords required by the permit. For information the permittee claims confidentiality, theDepartment may require the permittee to furnish such records directly to the Directoralong with a claim of confidentiality. [40 CFR 70.6(a)(6)(v) and Regulation 26,§26.701(F)(5)]

IS. The permittee must pay all permit fees in accordance with the procedures established inRegulation 9. [40 CFR 70.6(a)(7) and Regulation 26, §26.701(G)]

16. No permit revision shall be required, under any approved economic incentives,marketable permits, emissions trading and other similar programs or processes forchanges provided for elsewhere in this permit. [40 CFR 70.6(a)(8) and Regulation 26,§26.701(H)]

17. If the permit allows different operating scenarios, the permittee shall, contemporaneouslywith making a change from one operating scenario to another, record in a log at thepermitted facility a record of the operational scenario. [40 CFR 70.6(a)(9)(i) andRegulation 26, §26.701(I)(1)]

18. The Administrator and citizens may enforce under the Act all terms and conditions in thispermit, including any provisions designed to limit a source's potential to emit, unless theDepartment specifically designates terms and conditions of the permit as being federallyunenforceable under the Act or under any of its applicable requirements. [40 CFR70.6(b) and Regulation 26, §26.702(A) and (B)]

19. Any document (including reports) required by this permit must contain a certification bya responsible official as defined in Regulation 26, §26.2. [40 CFR 70.6(c)(1) andRegulation 26, §26.703(A)]

20. The permittee must allow an authorized representative of the Department, uponpresentation of credentials, to perform the following: [40 CFR 70.6(c)(2) and Regulation26, §26.703(B)]

a. Enter upon the permittee's premises where the permitted source is located oremissions related activity is conducted, or where records must be kept under theconditions of this permit;

b. Have access to and copy, at reasonable times, any records required under theconditions of this permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and airpollution control equipment), practices, or operations regulated or required underthis permit; and

44

Tokusen USA, Inc.Pennit #: 0992-AOP-R4AFIN: 23-00244

d. As authorized by the Act, sample or monitor at reasonable times substances orparameters for assuring compliance with this permit or applicable requirements.

21. The pennittee shall submit a compliance certification with the tenns and conditionscontained in the permit, including emission limitations, standards, or work practices. Thepennittee must submit the compliance certification annually within 30 days following thelast day of the anniversary month of the initial Title V pennit. The pennittee must alsosubmit the compliance certification to the Administrator as well as to the Department.All compliance certifications required by this permit must include the following: [40CFR 70.6(c)(5) and Regulation 26, §26.703(E)(3)]

a. The identification of each term or condition of the pennit that is the basis of thecertification;

b. The compliance status;c. Whether compliance was continuous or intennittent;d. The methodes) used for detennining the compliance status of the source, currently

and over the reporting period established by the monitoring requirements of thispennit; and

e. Such other facts as the Department may require elsewhere in this permit or by§lI4(a)(3) and §504(b) of the Act.

22. Nothing in this pennit will alter or affect the following: [Regulation 26, §26.704(C)]

a. The provisions of Section 303 of the Act (emergency orders), including theauthority of the Administrator under that section;

b. The liability of the permittee for any violation of applicable requirements prior toor at the time of pennit issuance;

c. The applicable requirements of the acid rain program, consistent with §408(a) ofthe Act; or

d. The ability of EPA to obtain infonnation from a source pursuant to §114 of theAct.

23. This pennit authorizes only those pollutant emitting activities addressed in this pennit.[A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-3ll]

24. The pennittee may request in writing and at least 15 days in advance of the deadline, anextension to any testing, compliance or other dates in this pennit. No such extensions areauthorized until the pennittee receives written Department approval. The Departmentmay grant such a request, at its discretion in the following circumstances:

a. Such an extension does not violate a federal requirement;b. The pennittee demonstrates the need for the extension; andc. The permittee documents that all reasonable measures have been taken to meet

the current deadline and documents reasons it cannot be met.

45

Tokusen USA, Inc.Permit #: 0992-AOP-R4AFIN: 23-00244

[Regulation 18, §18.314(A), Regulation 19, §19.416(A), Regulation 26, §26.1013(A),AC.A §8-4-203 as referenced by AC.A §8-4-304 and §8-4-311, and 40 CFR Part 52,Subpart E]

25. The permittee may request in wntmg and at least 30 days in advance, temporaryemissions and/or testing that would otherwise exceed an emission rate, throughputrequirement, or other limit in this permit. No such activities are authorized until thepennittee receives written Department approval. Any such emissions shall be included inthe facility's total emissions and reported as such. The Department may grant such arequest, at its discretion under the following conditions:

a. Such a request does not violate a federal requirement;b. Such a request is temporary in nature;c. Such a request will not result in a condition of air pollution;d. The request contains such information necessary for the Department to evaluate

the request, including but not limited to, quantification of such emissions and thedate/time such emission will occur;

e. Such a request will result in increased emissions less than five tons of anyindividual criteria pollutant, one ton of any single HAP and 2.5 tons of totalHAPs; and

f. The permittee maintains records of the dates and results of such temporaryemissions/testing.

[Regulation 18, §18.314(B), Regulation 19, §19.416(B), Regulation 26, §26.1013(B),AC.A §8-4-203 as referenced by A.C.A §8-4-304 and §8-4-311, and 40 CFR Part 52,Subpart E]

26. The permittee may request in writing and at least 30 days in advance, an alternativeto the specified monitoring in this permit. No such alternatives are authorized until thepennittee receives written Department approval. The Department may grant such arequest, at its discretion under the following conditions:

a. The request does not violate a federal requirement;b. The request provides an equivalent or greater degree of actual monitoring to the

current requirements; andc. Any such request, if approved, is incorporated in the next permit modification

application by the permittee.

[Regulation 18, §18.314(C), Regulation 19, §19.416(C), Regulation 26, §26.1013(C),AC.A §8-4-203 as referenced by AC.A §8-4-304 and §8-4-311, and 40 CFR Part 52,Subpart E]

46

APPENDIX A40 CFR Part 60 Subpart CCCC - New Source Performance Standards (NSPS) for Commercial

and Industrial Solid Waste Incineration Units

pt. 60, Subpt. BBBB, Table 8 40 CFR Ch. I (7-1-08 Edition)

TABLE 8 TO SUBPART BBBB OF PART 6D--MoDEL RULE-REQUIREMENTS FOR STACKTESTS

To measure the fol­iowing pollutants

1. OrganicsDioxins/Furans

2. MetalsCadmium.

Lead

Mercury

Opacity

Particulate Matter .

3. Acid Gases b

Hydrogen Chloride

Use the following meth­ods in appendix A ofthis part to determinethe sampling location

Method 1 ....

Method 1

Method 1

Method 1

Me1hod 9

Method 1

Method 1

Use the following meth­ods in appendix A ofthis part to measure

pollutant concentration

Method 23' .....

Method 29'.

Method 29'

Method 29'

Method 9 .

Method 5 or 29

Method 26 or 26A'

Also note the following additional information

The minimum sampting time must be 4 hoursper test run while the municipal waste com­bustion un~ is operating at full load.

Compliance testing must be pertormed while themunicipal waste combustion unit is operatingat full load.

Compliance testing must be performed while themunicipal waste combustion unit is operatingat full ioad.

Compliance testing must be pertormed while themunicipal waste combustion unit is operatingat tuilioad.

Use Method 9 to determine compliance withopac~ limits. 3-hour observation period (thirty6-minute averages).

The minimum sample volume must be 1.0 cubicmeters. The probe and fitter holder heatingsystems in the sample train must be set toprovide a gas temperature no greater than160 ±14 °C. The minimum sampling time is 1hour.

Test runs must be at least 1 hour long while themunicipal waste combustion unit is operatingat full load.

4. Otherb

Fugitive Ash Not applicable . Method 22 (visibleemissions).

The three 1-hour observation period must in­clude periods when the facility transfers fugi­tive ash from the municipal waste combustionunit to the area where the fugitive ash isstored or loaded into containers or trucks.

aMust simultaneously measure oxygen (or carbon dioxide) using Method 3A or 38 in appendix A of this part.b Use CEMS to test sulfur dioxide, nitrogen oxide, and carbon monoxide. Stack tests are not required except for quality assur­

ance requirements in Appendix F of this part.

Subpart CCCC-Standards of Per­formance for Commercialand Industrial Solid Waste In­cineration Units for WhichConstruction Is CommencedAfter November 3D, 1999 orfor Which Modification or Re­construction Is Commencedon or After June 1,2001

SOURCE: 65 FR 75350, Dec. I, 2000, unlessotherwise noted.

INTRODUCTION

§ 60.2000 What does this subpart do?

This subpart establishes new sourceperformance standards for commercialand industrial solid waste incineration(CISWI) units.

§ 60.2005 When does this subpart be­come effective?

This subpart takes effect on June 1,2001.. Some of the requirements in thissubpart apply to planning the CISWIunit and must be completed even be­fore construction is initiated on theCISWI unit (Le" the preconstructionrequirements in §§ 60.2045 and 60.2050).Other requirements such as the emis­sion limitations and operating limitsapply after the CISWI unit begins oper­ation.

ApPLICABILITY

§ 60.2010 Does this subpart apply tomy incineration unit?

Yes, if your incineration unit meetsall the requirements specified in para­graphs (a) through (c) of this section.

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Environmental Protection Agency

(a) Your incineration unit is a newincineration unit as defined in § 60.2015.

(b) Your incineration unit is a CISWIuni t as defined in § 60.2265.

(c) Your incineration unit is not ex­empt under § 60.2020.

§ 60.2015 What is a new incinerationunit?

(a) A new incineration unit is an in­cineration unit that meets either ofthe two criteria specified in paragraph(a)(1) or (2) of this section.

(1) Commenced construction afterNovember 30, 1999.

(2) Commenced reconstruction ormodification on or after June 1, 2001.

(b) This subpart does not affect yourincineration unit if you make physicalor operational changes to your inciner­ation unit primarily to comply withthe emission guidelines in subpartDDDD of this part (Emission Guide­lines and Compliance Times for Com­mercial and Industrial Solid Waste In­cineration Units). Such changes do notqualify as reconstruction or modifica­tion under this subpart.

§ 60.2020 What combustion units areexempt from this subpart?

This subpart exempts fifteen types ofunits described in paragraphs (a)through (0) of this section.

(a) Pathological waste incinerationunits. Incineration units burning 90percent or more by weight (on a cal­endar quarter basis and excluding theweight of auxiliary fuel and combus­tion air) of pathological waste, low­level radioactive waste, and/orchemotherapeutic waste as defined in§ 60.2265 are not subject to this subpartif you meet the two requirements spec­ified in paragraphs (a)(1) and (2) of thissection.

(1) Notify the Administrator that theunit meets these criteria.

(2) Keep records on a calendar quar­ter basis of the weight of pathologicalwaste, low-level radioactive waste, and/or chemotherapeutic waste burned, andthe weight of all other fuels and wastesburned in the unit.

(b) Agricultural waste incinerationunits. Incineration units burning 90percent or more by weight (on a cal­endar quarter basis and excluding theweight of auxiliary fuel and combus-

§60.2020

tion air) of agricultural wastes as de­fined in § 60.2265 are not subject to thissubpart if you meet the two require­ments specified in paragraphs (b)(1)and (2) of this section.

(1) Notify the Administrator that theunit meets these criteria.

(2) Keep records on a calendar quar­ter basis of the weight of agriculturalwaste burned, and the weight of allother fuels and wastes burned in theunit.

(c) Municipal waste combustion units.Incineration units that meet either ofthe two criteria specified in paragraph(c)(1) or (2) of this section.

(1) Are regulated under subpart Ea ofthis part (Standards of Performance forMunicipal Waste Combustors); subpartEb of this part (Standards of Perform­ance for Municipal Waste Combustorsfor Which Construction is CommencedAfter September 20, 1994); subpart Cb ofthis part (Emission Guidelines andCompliance Time for Large MunicipalCombustors that are Constructed on orBefore September 20, 1994); AAAA ofthis part (Standards of Performance forNew Stationary Sources: Small Munic­ipal Waste Combustion Units); or sub­part BBBB of this part (EmissionGuidelines for Existing StationarySources: Small Municipal Waste Com­bustion Units).

(2) Burn greater than 30 percent mu­nicipal solid waste or refuse-derivedfuel, as defined in subpart Ea, subpartEb, subpart AAAA, and subpart BBBBof this part, and that have the capacityto burn less than 35 tons (32megagrams) per day of municipal solidwaste or refuse-derived fuel, if youmeet the two requirements in para­graphs (c)(2)(i) and (ii) of this section.

(i) Notify the Administrator that theuni t meets these criteria.

(ii) Keep records on a calendar quar­ter basis of the weight of municipalsolid waste burned, and the weight ofall other fuels and wastes burned in theunit.

(d) Medical waste incineration units.Incineration units regulated under sub­part Ec of this part (Standards of Per­formance for HospitaliMedicalJInfec­tious Waste Incinerators for WhichConstruction is Commenced After June20, 1996) or subpart Ce of this part(Emission Guidelines and Compliance

805

§60.2020

Times for Hospital/MedicalJInfectiousWaste Incinerators).

(e) Small power production facilities.Units that meet the three require­ments specified in paragraphs (e)(I)through (3) of this section.

(1) The unit qualifies as a smallpower-production facility under sec­tion 3(I7)(C) of the Federal Power Act(16 U.S.C. 796(I7)(C)).

(2) The unit burns homogeneouswaste (not including refuse-derivedfuel) to produce electricity.

(3) You notify the Administrator thatthe unit meets all of these criteria.

(f) Cogeneration facilities. Units thatmeet the three requirements specifiedin paragraphs (f)(I) through (3) of thissection.

(1) The unit qualifies as a cogenera­tion facility under section 3(I8)(B) ofthe Federal Power Act (16 U.S.C.796(I8)(B)).

(2) The unit burns homogeneouswaste (not including refuse-derivedfuel) to produce electricity and steamor other forms of energy used for indus­trial, commercial, heating, or coolingpurposes.

(3) You notify the Administrator thatthe unit meets all of these criteria.

(g) Hazardous waste combustion units.Units that meet either of the two cri­teria specified in paragraph (g)(I) or (2)of this section.

(1) Units for which you are requiredto get a permit under section 3005 ofthe Solid Waste Disposal Act.

(2) Units regulated under subpartEEE of 40 CFR part 63 (National Emis­sion Standards for Hazardous Air Pol­lutants from Hazardous Waste Combus­tors).

(h) Materials recovery units. Units thatcombust waste for the primary purposeof recovering metals, such as primaryand secondary smelters.

(i) Air curtain incinerators. Air curtainincinerators that burn only the mate­rials listed in paragraphs (i)(I) through(3) of this section are only required tomeet the requirements under "Air Cur­tain Incinerators" (§§ 60.2245 through60.2260).

(1) 100 percent wood waste.(2) 100 percent clean lumber.(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

40 CFR Ch. I (7-1-08 Edition)

(j) Cyclonic barrel burners. (See§ 60.2265)

(k) Rack, part, and drum reclamationunits. (See §60.2265)

(1) Cement kilns. Kilns regulatedunder subpart LLL of part 63 of thischapter (National Emission Standardsfor Hazardous Air Pollutants from thePortland Cement Manufacturing Indus­try).

(m) Sewage sludge incinerators. Incin­eration units regulated under subparto of this part (Standards of Perform­ance for Sewage Treatment Plants).

(n) Chemical recovery units. Combus­tion units burning materials to recoverchemical constituents or to producechemical compounds where there is anexisting commercial market for suchrecovered chemical constituents orcompounds. The seven types of unitsdescribed in paragraphs (n)(I) through(7) of this section are considered chem­ical recovery units.

(1) Units burning only pulping liquors(i.e., black liquor) that are reclaimed ina pulping liquor recovery process andreused in the pulping process.

(2) Units burning only spent sulfuricacid used to produce virgin sulfuricacid.

(3) Units burning only wood or coalfeedstock for the production of char­coal.

(4) Units burning only manufacturingbyproduct streams/residues containingcatalyst metals which are reclaimedand reused as catalysts or used toproduce commercial grade catalysts.

(5) Units burning only coke toproduce purified carbon monoxide thatis used as an intermediate in the pro­duction of other chemical compounds.

(6) Units burning only hydrocarbonliquids or solids to produce hydrogen,carbon monoxide, synthesis gas, orother gases for use in other manufac­turing processes.

(7) Units burning only photographicfilm to recover silver.

(0) Laboratory Analysis Units. Unitsthat burn samples of materials for thepurpose of chemical or physical anal­ysis.

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Environmental Protection Agency

§ 60.2025 What if my chemical recoveryunit is not listed in § 60.2020(n)?

(a) If your chemical recovery unit isnot listed in §60.2020(n), you can peti­tion the Administrator to add yourunit to the list. The petition must con­tain the six items in paragraphs (a)(l)through (6) of this section.

(1) A description of the source of thematerials being burned.

(2) A description of the compositionof the materials being burned, high­lighting the chemical constituents inthese materials that are recovered.

(3) A description (including a processflow diagram) of the process in whichthe materials are burned, highlightingthe type, design, and operation of theequipment used in this process.

(4) A description (including a processflow diagram) of the chemical con­stituent recovery process, highlightingthe type, design, and operation of theequipment used in this process.

(5) A description of the commercialmarkets for the recovered chemicalconstituents and their use.

(6) The composition of the recoveredchemical constituents and the com­position of these chemical constituentsas they are bought and sold in commer­cial markets.

(b) Until the Administrator approvesyour petition, the incineration unit iscovered by this subpart.

(c) If a petition is approved, the Ad­ministrator will amend §60.2020(n) toadd the unit to the list of chemical re­covery units.

§ 60.2030 Who implements and en­forces this subpart?

(a) This subpart can be implementedand enforced. by the U.S. Environ­mental Protection Agency (EPA), or adelegated authority such as yourState, local, or tribal agency. If theEPA Administrator has delegated au­thority to your State, local, or tribalagency, then that agency (as well asEPA) has the authority to implementand enforce this subpart. You shouldcontact your EPA Regional Office tofind out if this subpart is delegated toyour State, local, or tribal agency.

(b) In delegating implementation andenforcement authority of this subpartto a State, local, or tribal agency, theauthorities contained in paragraph (c)

§60.2040

of this section are retained by the EPAAdministrator and are not transferredto the State, local, or tribal agency.

(c) The authorities that will not bedelegated to State, local, or tribalagencies are specified in paragraphs(c)(1) through (7) of this section.

(1) Approval of alternatives to theemission limitations in Table 1 of thissubpart and operating limits estab­lished under §60.2110.

(2) Approval of major alternatives totest methods.

(3) Approval of major alternatives tomonitoring.

(4) Approval of major alternatives torecordkeeping and reporting.

(5) The requirements in §60.2025.(6) The requirements in §60.2115.(7) The requirements in § 60.2100(b)(2).

§ 60.2035 How are these new sourceperformance standards structured?

These new source performance stand­ards contain the eleven major compo­nents listed in paragraphs (a) through(k) of this section.

(a) Preconstruction siting analysis.(b) Waste management plan.(c) Operator training and qualifica­

tion.(d) Emission limitations and oper-

ating limits.(e) Performance testing.(f) Initial compliance requirements.(g) Continuous compliance require-

ments.(h) Monitoring.(i) Recordkeeping and reporting.(j) Definitions.(k) Tables.

§ 60.2040 Do all eleven components ofthese new source performancestandards apply at the same time?

No. You must meet thepreconstruction siting analysis andwaste management plan requirementsbefore you commence construction ofthe CISWI unit. The operator trainingand qualification, emission limita­tions, operating limits, performancetesting and compliance, monitoring,and most recordkeeping and reportingreqUirements are met after the CISWIunit begins operation.

807

§60.2045

PRECONSTRUCTION SITING ANALYSIS

§ 60.2045 Who must prepare a sitinganalysis?

(a) You must prepare a siting anal­ysis if you plan to commence construc­tion of a CISWI unit after December 1,2000.

(b) You must prepare a siting anal­ysis if you are required to submit aninitial application for a constructionpermit under 40 CFR part 51, subpart I,or 40 CFR part 52, as applicable, for thereconstruction or modification of yourCISWI unit.

§ 60.2050 What is a siting analysis?

(a) The siting analysis must considerair pollution control alternatives thatminimize, on a site-specific basis, tothe maximum extent practicable, po­tential risks to public health or the en­vironment. In considering such alter­natives, the analysis may considercosts, energy impacts, nonair environ­mental impacts, or any other factorsrelated to the practicability of the al­ternatives.

(b) Analyses of your CISWI unit's im­pacts that are prepared to comply withState, local, or other Federal regu­latory requirements may be used tosatisfy the requirements of this sec­tion, provided they include the consid­eration of air pollution control alter­natives specified in paragraph (a) ofthis section.

(c) You must complete and submitthe siting requirements of this sectionas required under § 60.2190(c) prior tocommencing construction.

WASTE MANAGEMENT PLAN

§ 60.2055 What is a waste managementplan?

A waste management plan is a writ­ten plan that identifies both the feasi­bility and the methods used to reduceor separate certain components of solidwaste from the waste stream in orderto reduce or eliminate toxic emissionsfrom incinerated waste.

§ 60.2060 When must I submit mywaste management plan?

You must submit a waste manage­ment plan prior to commencing con­struction.

40 CFR Ch. I (7-1-08 Edition)

§ 60.2065 What should I include in mywaste management plan?

A waste management plan must in­clude consideration of the reduction orseparation of waste-stream elementssuch as paper, cardboard, plastics,glass, batteries, or metals; or the use ofrecyclable materials. The plan mustidentify any additional waste manage­ment measures and implement thosemeasures the source considers prac­tical and feasible, considering the ef­fectiveness of waste managementmeasures already in place, the costs ofadditional measures, the emissions re­ductions expected to be achieved, andany other environmental or energy im­pacts they might have.

OPERATOR TRAINING AND QUALIFICATION

§ 60.2070 What are the operator train-ing and qualification requirements?

(a) No CISWI unit can be operatedunless a fully trained and qualifiedCISWI unit operator is accessible, ei­ther at the facility or can be at the fa­cility within 1 hour. The trained andqualified CISWI unit operator may op­erate the CISWI unit directly or be thedirect supervisor of one or more otherplant personnel who operate the unit.If all qualified CISWI unit operatorsare temporarily not accessible, youmust follow the procedures in § 60.2100.

(b) Operator training and qualifica­tion must be obtained through a State­approved program or by completing therequirements included in paragraph (c)of this section.

(c) Training must be obtained bycompleting an incinerator operatortraining course that includes, at a min­imum, the three elements described inparagraphs (c)(I) through (3) of thissection.

(1) Training on the eleven subjectslisted in paragraphs (c)(l)(i) through(xi) of this section.

(i) Environmental concerns, includ­ing types of emissions.

(ii) Basic combustion principles, in­cluding products of combustion.

(iii) Operation of the specific type ofincinerator to be used by the operator,including proper startup, waste charg­ing, and shutdown procedures.

(iv) Combustion controls and moni­toring.

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Environmental Protection Agency

(v) Operation of air pollution controlequipment and factors affecting per­formance (if applicable).

(vi) Inspection and maintenance ofthe incinerator and air pollution con­trol devices.

(vii) Actions to correct malfunctionsor conditions that may lead to mal­function.

(viii) Bottom and fly ash characteris­tics and handling procedures.

(ix) Applicable Federal, State, andlocal regulations, including Occupa­tional Safety and Health Administra­tion workplace standards.

(x) Pollution prevention.(xi) Waste management practices.(2) An examination designed and ad­

ministered by the instructor.(3) Written material covering the

training course topics tha t may serveas reference material following comple­tion of the course.

§ 60.2075 When must the operatortraining course be completed?

The operator training course must becompleted by the later of the threedates specified in paragraphs (a)through (c) of this section.

(a) Six months after your CISWI unitstartup.

(b) December 3, 2001.(c) The date before an employee as­

sumes responsibility for operating theCISWI unit or assumes responsibilityfor supervising the operation of theCISWI unit.

§ 60.2080 How do I obtain my operatorqualification?

(a) You must obtain operator quali­fication by completing a trainingcourse that satisfies the criteria under§ 60.2070(b).

(b) Qualification is valid from thedate on which the training course iscompleted and the operator success­fully passes the examination requiredunder § 60.2070(c)(2).

§ 60.2085 How do I maintain my oper­ator qualification?

To maintain qualification, you mustcomplete an annual review or refreshercourse covering, at a minimum, thefive topics described in paragraphs (a)through (e) of this section.

(a) Update of regulations.

§60.2095

(b) Incinerator operation, includingstartup and shutdown procedures,waste charging, and ash handling.

(c) Inspection and maintenance.(d) Responses to malfunctions or con­

ditions that may lead to malfunction.(e) Discussion of operating problems

encountered by attendees.

§ 60.2090 How do I renew my lapsedoperator qualification?

You must renew a lapsed operatorqualification 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 annualrefresher course described in § 60.2085.

(b) For a lapse of 3 years or more,you must repeat the initial qualifica­tion requirements in § 60.2080(a).

§ 60.2095 What site-specific docu-mentation is required?

(a) Documentation must be availableat the facility and readily accessiblefor all CISWI unit operators that ad­dresses the ten topics described inparagraphs (a)(l) through (10) of thissection. You must maintain this infor­mation and the training records re­quired by paragraph (c) of this sectionin a manner that they can be readilyaccessed and are suitable for inspectionupon 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 propercombustion air supply levels.

(5) Procedures for operating the in­cinerator and associated air pollutioncontrol systems within the standardsestablished 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 §§ 60.2055 through 60.2065.

(9) Procedures for handling ash.(10) A list of the wastes burned dur­

ing the performance test.(b) You must establish a program for

reviewing the information listed in

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§60.2100

paragraph (a) of this section with eachincinerator operator.

(1) The initial review of the informa­tion listed in paragraph (a) of this sec­tion must be conducted within 6months after the effective date of thissubpart or prior to an employee's as­sumption of responsibilities for oper­ation of the CISWI unit, whicheverdate is later.

(2) Subsequent annual reviews of theinformation listed in paragraph (a) ofthis section must be conducted notlater than 12 months following the pre­vious review.

(c) You must also maintain the infor­mation specified in paragraphs (c)(I)through (3) of this section.

(1) Records showing the names ofCISWI unit operators who have com­pleted review of the information in§60.2095(a) as required by §60.2095(b), in­cluding the date of the initial reviewand all subsequent annual reviews.

(2) Records showing the names of theCISWI operators who have completedthe operator training requirementsunder §60.2070, met the criteria forqualification under §60.2080, and main­tained or renewed their qualificationunder §60.2085 or §60.2090. Records mustinclude documentation of training, thedates of the initial and refresher train­ing, and the dates of their qualificationand all subsequent renewals of suchqualifications.

(3) For each qualified operator, thephone and/or pager number at whichthey can be reached during operatinghours.

§ 60.2100 What if all the qualified oper­ators are temporarily not acces­sible?

If all qualified operators are tempo­rarily not accessible (Le., not at the fa­cility and not able to be at the facilitywithin 1 hour), you must meet one ofthe two criteria specified in paragraphs(a) and (b) of this section, depending onthe length of time that a qualified op­erator is not accessible.

(a) When all qualified operators arenot accessible for more than 8 hours,but less than 2 weeks, the CISWI unitmay be operated by other plant per­sonnel familiar with the operation ofthe CISWI unit who have completed areview of the information specified in

40 CFR Ch. I (7-1-08 Edition)

§60.2095(a) within the past 12 months.However, you must record the periodwhen all qualified operators were notaccessible and include this deviation inthe annual report as specified under§60.2210.

(b) When all qualified operators arenot accessible for 2 weeks or more, youmust take the two actions that are de­scribed in paragraphs (b)(I) and (2) ofthis section.

(1) Notify the Administrator of thisdeviation in writing within 10 days. Inthe notice, state what caused this devi­ation, what you are doing to ensurethat a qualified operator is accessible,and when you anticipate that a quali­fied operator will be accessible.

(2) Submit a status report to the Ad­ministrator every 4 weeks outliningwhat you are doing to ensure that aqualified operator is accessible, statingwhen you anticipate that a qualifiedoperator will be accessible and request­ing approval from the Administrator tocontinue operation of the CISWI unit.You must submit the first status re­port 4 weeks after you notify the Ad­ministrator of the deviation underparagraph (b)(I) of this section. If theAdministrator notifies you that yourrequest to continue operation of theCISWI unit is disapproved, the CISWIunit may continue operation for 90days, then must cease operation. Oper­ation of the unit may resume if youmeet the two requirements in para­graphs (b)(2)(i) and (it) of this section.

(i) A qualified operator is accessibleas required under §60.2070(a).

(it) You notify the Administratorthat a qualified operator is accessibleand that you are resuming operation.

EMISSION LIMITATIONS AND OPERATINGLIMITS

§ 60.2105 What enusslon limitationsmust I meet and by when?

You must meet the emission limita­tions specified in Table 1 of this sub­part 60 days after your CISWI unitreaches the charge rate at which it willoperate, but no later than 180 daysafter its initial startup.

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Environmental Protection Agency

§ 60.2110 What operating limits must Imeet and by when?

(a) If you use a wet scrubber to com­ply with the emission limitations, youmust establish operating limits forfour operating parameters (as specifiedin Table 2 of this subpart) as describedin paragraphs (a)(l) through (4) of thissection during the initial performancetest.

(1) Maximum charge rate, calculatedusing one of the two different proce­dures in paragraph (a)(l)(i) or (ii), asappropriate.

(i) For continuous and intermittentunits, maximum charge rate is 110 per­cent of the average charge rate meas­ured during the most recent perform­ance test demonstrating compliancewith all applicable emission limita­tions.

(ii) For batch units, maximum chargerate is 110 percent of the daily chargerate measured during the most recentperformance test demonstrating com­pliance with all applicable emissionlimitations.

(2) Minimum pressure drop across thewet scrubber, which is calculated as 90percent of the average pressure dropacross the wet scrubber measured dur­ing the most recent performance testdemonstrating compliance with theparticulate matter emission limita­tions; or minimum amperage to thewet scrubber, which is calculated as 90percent of the average amperage to thewet scrubber measured during the mostrecent performance test demonstratingcompliance with the particulate mat­ter emission limitations.

(3) Minimum scrubber liquor flowrate, which is calculated as 90 percentof the average liquor flow rate at theinlet to the wet scrubber measured dur­ing the most recent performance testdemonstrating compliance with all ap­plicable emission limitations.

(4) Minimum scrubber liquor pH,which is calculated as 90 percent of theaverage liquor pH at the inlet to thewet scrubber measured during the mostrecent performance test demonstratingcompliance with the Hel emission limi­tation.

(b) You must meet the operating lim­its established during the initial per­formance test 60 days after your CISWIunit reaches the charge rate at which

§60.2115

it will operate, but no later than 180days after its initial startup.

(c) If you use a fabric filter to complywith the emission limitations, youmust operate each fabric filter systemsuch that the bag leak detection sys­tem alarm does not sound more than 5percent of the operating time during a6-month period. In calculating this op­erating time percentage, if inspectionof the fabric filter demonstrates thatno corrective action is required, noalarm time is counted. If corrective ac­tion is required, each alarm shall becounted as a minimum of 1 hour. If youtake longer than 1 hour to initiate cor­rective action, the alarm time shall becounted as the actual amount of timetaken by you to initiate corrective ac­tion.

§ 60.2115 What if I do not use a wetscrubber to comply with the emis­sion limitations?

If you use an air pollution control de­vice other than a wet scrubber, or limitemissions in some other manner, tocomply with the emission limitationsunder §60.2105, you must petition theAdministrator for specific operatinglimits to be established during the ini­tial performance test and continuouslymonitored thereafter. You must notconduct the initial performance testuntil after the petition has been ap­proved by the Administrator. Your pe­tition must include the five items list­ed in paragraphs (a) through (e) of thissection.

(a) Identification of the specific pa­rameters you propose to use as addi­tional operating limits.

(b) A discussion of the relationshipbetween these parameters and emis­sions of regulated pOllutants, identi­fying how emissions of regulated pol­lutants change with changes in theseparameters, and how limits on theseparameters will serve to limit emis­sions of regulated pollutants.

(c) A discussion of how you will es­tablish the upper and/or lower valuesfor these parameters which will estab­lish the operating limits on these pa­rameters.

(d) A discussion identifying themethods you will use to measure andthe instruments you will use to mon­itor these parameters, as well as the

811

§60.2120

relative accuracy and precision ofthese methods and instruments.

(e) A discussion identifying the fre­quency and methods for recalibratingthe instruments you will use for moni­toring these parameters.

§ 60.2120 What happens during periodsof startup, shutdown, and malfunc­tion?

(a) The emission limitations and op­erating limits apply at all times exceptduring CISWI unit startups, shutdowns,or malfunctions.

(b) Each malfunction must last nolonger than 3 hours.

PERFORMANCE TESTING

§ 60.2125 How do I conduct the initialand annual performance test?

(a) All performance tests must con­sist of a minimum of three test runsconducted under conditions representa­tive of normal operations.

(b) You must document that thewaste burned during the performancetest is representative of the wasteburned under normal operating condi­tions by maintaining a log of the quan­tity of waste burned (as required in§60.2175(b)(I)) and the types of wasteburned during the performance test.

(c) All performance tests must beconducted using the minimum run du­ration specified in Table 1 of this sub­part.

(d) Method 1 of appendix A of thispart must be used to select the sam­pling location and number of traversepoints.

(e) Method 3A or 3B of appendix A ofthis part must be used for gas composi­tion analysis, including measurementof oxygen concentration. Method 3A or3B of appendix A of this part must beused simultaneously with each method.

(f) All pollutant concentrations, ex­cept for opacity, must be adjusted to 7percent oxygen using Equation 1 of thissection:

Cadj = Cmeas (20.9--7)/(20.9-%02) (Eq.1)

Where:C'dj = pollutant concentration adjusted to 7

percent oxygen:Cmo= =pollutant concentration measured on

a dry basis:

40 CFR Ch. I (7-1-08 Edition)

(20.!}--7) =20.9 percent oxygen-7 percent oxy­gen (defined oxygen correction basis);

20.9 = oxygen concentration in air, percent;and

%02 = oxygen concentration measured on adry basis, percent.

(g) You must determine dioxins/furans toxic equivalency by followingthe procedures in paragraphs (g)(I)through (3) of this section.

(1) Measure the concentration of eachdioxin/furan tetra-throughoctachlorinated-congener emittedusing EPA Method 23.

(2) For each dioxin/furan (tetra­through octachlorinated) congenermeasured in accordance with para­graph (g)(I) of this section, multiplythe congener concentration by its cor­responding toxic equivalency factorspecified in Table 3 of this subpart.

(3) Sum the products calculated inaccordance with paragraph (g)(2) ofthis section to obtain the total con­centration of dioxins/furans emitted interms of toxic equivalency.

§ 60.2130 How are the performancetest data used?

You use results of performance teststo demonstrate compliance with theemission limitations in Table 1 of thissubpart.

INITIAL COMPLIANCE REQUIREMENTS

§ 60.2135 How do I demonstrate initialcompliance with the emission limi·tations and establish the operatinglimits?

You must conduct an initial perform­ance test, as required under §60.8, todetermine compliance with the emis­sion limitations in Table 1 of this sub­part and to establish operating limitsusing the procedure in §60.2110 or§60.2115. The initial performance testmust be conducted using the test meth­ods listed in Table 1 of this subpart andthe procedures in § 60.2125.

§ 60.2140 By what date must I conductthe initial performance test?

The initial performance test must beconducted within 60 days after yourCISWI unit reaches the charge rate atwhich it will operate, but no later than180 days after its initial startup.

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CONTINUOUS COMPLIANCE REQUIREMENTS

§ 60.2145 How do I demonstrate con­tinuous compliance with the emis­sion limitations and the operatinglimits?

(a) You must conduct an annual per­formance test for particulate matter,hydrogen chloride, and opacity for eachCISWI unit as required under §60.8 todetermine compliance with the emis­sion limitations. The annual perform­ance test must be conducted using thetest methods listed in Table 1 of thissubpart and the procedures in §60.2125.

(b) You must continuously monitorthe operating parameters specified in§60.2110 or established under §60.2115.Operation above the established max­imum or below the established min­imum operating limits constitutes adeviation from the established oper­ating limits. Three-hour rolling aver­age values are used to determine com­pliance (except for baghouse leak de­tection system alarms) unless a dif­ferent averaging period is establishedunder §60.2115. Operating limits do notapply during performance tests.

(c) You must only burn the sametypes of waste used to establish oper­ating limits during the performancetest.

§ 60.2150 By what date must I conductthe annual performance test?

You must conduct annual perform­ance tests for particulate matter, hy­drogen chloride, and opacity within 12months following the initial perform­ance test. Conduct subsequent annualperformance tests within 12 monthsfolloWing the previous one.

§ 60.2155 May I conduct performancetesting less often?

(a) You can test less often for a givenpollutant if you have test data for atleast 3 years, and all performance testsfor the pollutant (particulate matter,hydrogen chloride, or opacity) over 3consecutive years show that you com­ply with the emission limitation. Inthis case, you do not have to conduct aperformance test for that pollutant forthe next 2 years. You must conduct aperformance test during the 3rd yearand no more than 36 months folloWingthe previous performance test.

§60.2165

(b) If your CISWI unit continues tomeet the emission limitation for par­ticulate matter, hydrogen chloride, oropacity, you may choose to conductperformance tests for these pollutantsevery 3rd year, but each test must bewithin 36 months of the previous per­formance test.

(c) If a performance test shows a de­viation from an emission limitation forparticulate matter, hydrogen chloride,or opacity, you must conduct annualperformance tests for that pollutantuntil all performance tests over a 3­year period show compliance.

§ 60.2160 May I conduct a repeat per­formance test to establish new op­erating limits?

(a) Yes. You may conduct a repeatperformance test at any time to estab­lish new values for the operating lim­its. The Administrator may request arepeat performance test at any time.

(b) You must repeat the performancetest if your feed stream is differentthan the feed streams used during anyperformance test used to demonstratecompliance.

MONITORING

§ 60.2165 What monitoring equipmentmust I install and what parametersmust I monitor?

(a) If you are using a wet scrubber tocomply with the emission limitationunder §60.2105, you must install, cali­brate (to manufacturers' specifica­tions), maintain, and operate devices(or establish methods) for monitoringthe value of the operating parametersused to determine compliance with theoperating limits listed in Table 2 ofthis subpart. These devices (or meth­ods) must measure and record the val­ues for these operating parameters atthe frequencies indicated in Table 2 ofthis subpart at all times except asspecified in §60.2170(a).

(b) If you use a fabric filter to complywith the requirements of this subpart,you must install, calibrate, maintain,and continuously operate a bag leakdetection system as specified in para­graphs (b)(I) through (8) of this section.

(1) You must install and operate abag leak detection system for each ex­haust stack of the fabric filter.

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§60.2170

(2) Each bag leak detection systemmust be installed, operated, calibrated,and maintained in a manner consistentwith the manufacturer's written speci­fications and recommendations.

(3) The bag leak detection systemmust be certified by the manufacturerto be capable of detecting particulatematter emissions at concentrations of10 milligrams per actual cubic meter orless.

(4) The bag leak detection systemsensor must provide output of relativeor absolute particulate matter load­ings.

(5) The bag leak detection systemmust be equipped with a device to con­tinuously record the output signalfrom the sensor.

(6) The bag leak detection systemmust be equipped with an alarm sys­tem that will sound automaticallywhen an increase in relative particu­late matter emissions over a presetlevel is detected. The alarm must be lo­cated where it is easily heard by plantoperating personnel.

(7) For positive pressure fabric filtersystems, a bag leak detection systemmust be installed in each baghousecompartment or cell. For negativepressure or induced air fabric filters,the bag leak detector must be installeddownstream of the fabric filter.

(8) Where multiple detectors are re­quired, the system's instrumentationand alarm may be shared among detec­tors.

(c) If you are using something otherthan a wet scrubber to comply with theemission limitations under §60.2105,you must install, calibrate (to themanufacturers' specifications), main­tain, and operate the equipment nec­essary to monitor compliance with thesite-specific operating limits estab­lished using the procedures in § 60.2115.

§60.2170 Is there a minimum amountof monitoring data I must obtain?

(a) Except for monitor malfunctions,associated repairs, and required qualityassurance or quality control activities(including, as applicable, calibrationchecks and required zero and span ad­justments of the monitoring system),you must conduct all monitoring at alltimes the CISWI unit is operating.

40 CFR Ch. I (7-1-08 Edition)

(b) Do not use data recorded duringmonitor malfunctions, associated re­pairs, and required quality assuranceor quality control activities for meet­ing the requirements of this subpart,including data averages and calcula­tions. You must use all the data col­lected during all other periods in as­sessing compliance with the operatinglimits.

RECORDKEEPING AND REPORTING

§ 60.2175 What records must I keep?

You must maintain the fourteenitems (as applicable) as specified inparagraphs (a) through (n) of this sec­tion for a period of at least 5 years:

(a) Calendar date of each record.(b) Records of the data described in

paragraphs (b)(l) through (6) of thissection:

(1) The CISWI unit charge dates,times, weights, and hourly chargerates.

(2) Liquor flow rate to the wet scrub­ber inlet every 15 minutes of operation,as applicable.

(3) Pressure drop across the wetscrubber system every 15 minutes ofoperation or amperage to the wetscrubber every 15 minutes of operation,as applicable.

(4) Liquor pH as introduced to thewet scrubber every 15 minutes of oper­ation, as applicable.

(5) For affected CISWI units that es­tablish operating limits for controlsother than wet scrubbers under§60.2115. you must maintain data col­lected for all operating parametersused to determine compliance with theoperating limits.

(6) If a fabric filter is used to complywith the emission limitations, youmust record the date, time, and dura­tion of each alarm and the time correc­tive action was initiated and com­pleted, and a brief description of thecause of the alarm and the correctiveaction taken. You must also record thepercent of operating time during each6-month period that the alarm sounds,calculated as specified in § 60.2110(c).

(c) Identification of calendar datesand times for which monitoring sys­tems used to monitor operating limitswere inoperative, inactive, malfunc­tioning, or out of control (except for

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Environmental Protection Agency

downtime associated with zero andspan and other routine calibrationchecks). Identify the operating param­eters not measured, the duration, rea­sons for not obtaining the data, and adescription of corrective actions taken.

(d) Identification of calendar dates,times, and durations of malfunctions,and a description of the malfunctionand the corrective action taken.

(e) Identification of calendar datesand times for which data show a devi­ation from the operating limits inTable 2 of this subpart or a deviationfrom other operating limits establishedunder §60.2115 with a description of thedeviations, reasons for such deviations,and a description of corrective actionstaken.

(f) The results of the initial, annual,and any subsequent performance testsconducted to determine compliancewith the emission limits and/or to es­tablish operating limits, as applicable.Retain a copy of the complete test re­port including calculations.

(g) All documentation produced as aresult of the siting requirements of§§ 60.2045 and 60.2050.

(h) Records showing the names ofCISWI unit operators who have com­pleted review of the information in§60.2095(a) as required by §60.2095(b), in­cluding the date of the initial reviewand all subsequent annual reviews.

(i) Records showing the names of theCISWI operators who have completedthe operator training requirementsunder §60.2070, met the criteria forqualification under §60.2080, and main­tained or renewed their qualificationunder §60.2085 or §60.2090. Records mustinclude documentation of training, thedates of the initial and refresher train­ing, and the dates of their qualificationand all subsequent renewals of suchqualifications.

(j) For each qualified operator, thephone and/or pager number at whichthey can be reached during operatinghours.

(k) Records of calibration of anymonitoring devices as required under§60.2165.

(1) Equipment vendor specificationsand related operation and maintenancerequirements for the incinerator, emis­sion controls, and monitoring equip­ment.

§60.2200

(m) The information listed in§60.2095(a).

(n) On a daily basis, keep a log of thequantity of waste burned and the typesof waste burned (always required).

§ 60.2180 Where and in what formatmust I keep my records?

All records must be available onsitein either paper copy or computer-read­able format that can be printed uponrequest, unless an alternative format isapproved by the Administrator.

§ 60.2185 What reports must I submit?

See Table 4 of this subpart for a sum­mary of the reporting requirements.

§ 60.2190 What must I submit prior tocommencing construction?

You must submit a notification priorto commencing construction that in­cludes the five items listed in para­graphs (a) through (e) of this section.

(a) A statement of intent to con­struct.

(b) The anticipated date of com­mencement of construction.

(c) All documentation produced as aresult of the siting requirements of§60.2050.

(d) The waste management plan asspecified in §§ 60.2055 through 60.2065.

(e) Anticipated date of initial start­up.

§ 60.2195 What information must I sub­mit prior to initial startup?

You must submit the informationspecified in paragraphs (a) through (e)of this section prior to initial startup.

(a) The type(s) of waste to be burned.(b) The maximum design waste burn­

ing capaci ty.(c) The anticipated maximum charge

rate.(d) If applicable, the petition for site­

specific operating limits under §60.2115.(e) The anticipated date of initial

startup.

§ 60.2200 What information must I sub­mit following my initial perform­ance test?

You must submit the informationspecified in paragraphs (a) through (c)of this section no later than 60 daysfollOWing the initial performance test.

815

§60.2205

All reports must be signed by the fa­cilities manager.

(a) The complete test report for theinitial performance test results ob­tained under §60.2135, as applicable.

(b) The values for the site-specific op­erating limits established in §60.2110 or§60.2115.

(c) If you are using a fabric filter tocomply with the emission limitations,documentation that a bag leak detec­tion system has been installed and isbeing operated, calibrated, and main­tained as required by §60.2165(b).

§ 60.2205 When must I submit my an­nual report?

You must submit an annual report nolater than 12 months following the sub­mission of the information in §60.2200.You must submit subsequent reportsno more than 12 months following theprevious report. (If the unit is subjectto permitting requirements under titleV of the Clean Air Act, you may be re­quired by the permit to submit thesereports more frequently.)

§ 60.2210 What information must I in­clude in my annual report?

The annual report required under§60.2205 must include the ten itemslisted in paragraphs (a) through (j) ofthis section. If you have a deviationfrom the operating limits or the emis­sion limitations, you must also submitdeviation reports as specified in§§60.2215, 60.2220, and 60.2225.

(a) Company name and address.(b) Statement by a responsible offi­

cial, with that official's name, title,and signature, certifying the accuracyof the content of the report.

(c) Date of report and beginning andending dates of the reporting period.

(d) The values for the operating lim­its established pursuant to §60.2110 or§60.2115.

(e) If no deviation from any emissionlimitation or operating limit that ap­plies to you has been reported, a state­ment that there was no deviation fromthe emission limitations or operatinglimits during the reporting period, andthat no monitoring system used to de­termine compliance with the operatinglimits was inoperative, inactive, mal­functioning or out of control.

40 CFR Ch. I (7-1-08 Edition)

(f) The highest recorded 3-hour aver­age and the lowest recorded 3-hour av­erage, as applicable, for each operatingparameter recorded for the calendaryear being reported.

(g) Information recorded under§60.2175(b)(6) and (c) through (e) for thecalendar year being reported.

(h) If a performance test was con­ducted during the reporting period, theresults of that test.

(i) If you met the requirements of§60.2155(a) or (b), and did not conduct aperformance test during the reportingperiod, you must state that you metthe requirements of §60.2155(a) or (b),and, therefore, you were not requiredto conduct a performance test duringthe reporting period.

(j) Documentation of periods when allqualified CISWI unit operators wereunavailable for more than 8 hours, butless than 2 weeks.

§ 60.2215 What else must I report if Ihave a deviation from the operatinglimits or the emission limitations?

(a) You must submit a deviation re­port if any recorded 3-hour average pa­rameter level is above the maximumoperating limit or below the minimumoperating limit established under thissubpart, if the bag leak detection sys­tem alarm sounds for more than 5 per­cent of the operating time for the 6­month reporting period, or if a per­formance test was conducted that devi­ated from any emission limitation.

(b) The deviation report must be sub­mitted by August 1 of that year fordata collected during the first half ofthe calendar year (January 1 to June30), and by February 1 of the follOWingyear for data you collected during thesecond half of the calendar year (July 1to December 31).

§ 60.2220 What must I include in thedeviation report?

In each report required under§60.2215, for any pollutant or parameterthat deviated from the emission limi­tations or operating limits specified inthis subpart, include the six items de­scribed in paragraphs (a) through (f) ofthis section.

(a) The calendar dates and timesyour unit deviated from the emission

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Environmental Protection Agency

limitations or operating limit require­ments.

(b) The averaged and recorded datafor those dates.

(c) Durations and causes of each devi­ation from the emission limitations oroperating limits and your correctiveactions.

(d) A copy of the operating limitmonitoring data during each deviationand any test report that documents theemission levels.

(e) The dates, times, number, dura­tion, and causes for monitor downtimeincidents (other than downtime associ­ated with zero, span, and other routinecalibration checks).

(f) Whether each deviation occurredduring a period of startup, shutdown,or malfunction, or during another pe­riod.

§ 60.2225 What else must I report if Ihave a deviation from the require­ment to have a qualified operatoraccessible?

(a) If all qualified operators are notaccessible for 2 weeks or more, youmust take the two actions in para­graphs (a)(l) and (2) of this section.

(1) Submit a notification of the devi­ation within 10 days that includes thethree items in paragraphs (a)(l)(i)through (iii) of this section.

(i) A statement of what caused thedeviation.

(ii) A description of what you aredoing to ensure that a qualified oper­ator is accessible.

(iii) The date when you anticipatethat a qualified operator will be avail­able.

(2) Submit a status report to the Ad­ministrator every 4 weeks that in­cludes the three items in paragraphs(a)(2)(i) through (iii) of this section.

(i) A description of what you aredoing to ensure that a qualified oper­ator is accessible.

(ii) The date when you anticipatethat a qualified operator will be acces­sible.

(iii) Request approval from the Ad­ministrator to continue operation ofthe CISWI unit.

(b) If your unit was shut down by theAdministrator, under the provisions of§60.2100(b)(2), due to a failure to pro­vide an accessible qualified operator,you must notify the Administrator

§60.2245

that you are resuming operation once aqualified operator is accessible.

§ 60.2230 Are there any other notifica­tions or reports that I must submit?

Yes. You must submit notificationsas provided by §60.7.

§ 60.2235 In what form can I submitmy reports?

Submit initial, annual, and deviationreports electronically or in paper for­mat, postmarked on or before the sub­mittal due dates.

§ 60.2240 Can reporting dates bechanged?

If the Administrator agrees, you maychange the semiannual or annual re­porting dates. See § 60.19(c) for proce­dures to seek approval to change yourreporting date.

TITLE V OPERATING PERMITS

§ 60.2242 Am I required to apply forand obtain a title V operating per­mit for my unit?

Yes. Each CISWI unit must operatepursuant to a permit issued under sec­tion 129(e) and title V of the Clean AirAct by the later of the two dates inparagraphs (a) and (b) of this section.

(a) Thirty-six months after December1, 2000.

(b) The effective date of the title Vpermit program to which your unit issubject. If your unit is subject to titleV as a result of some triggering re­quirement(s) other than this subpart(for example, being a major source),then your unit may be required toapply for and obtain a title V permitprior to the deadlines noted above. Ifmore than one requirement triggersthe requirement to apply for a title Vpermit, the 12-month timeframe for fil­ing a title V application is triggered bythe requirement which first causes thesource to be subject to title V.

AIR CURTAIN INCINERATORS

§ 60.2245 What is an air curtain incin­erator?

(a) An air curtain incinerator oper­ates by forcefUlly projecting a curtainof air across an open chamber or openpit in which combustion occurs. Incin­erators of this type can be constructed

817

§60.2250

above or below ground and with orwithout refractory walls and floor. (Aircurtain incinerators are not to be con­fused with conventional combustiondevices with enclosed fireboxes andcontrolled air technology such as massburn, modular, and fluidized bed com­bustors.)

(b) Air curtain incinerators that burnonly the materials listed in paragraphs(b)(l) through (3) of this section areonly required to meet the requirementsunder "Air Curtain Incinerators"(§§60.2245 through 60.2260).

(1) 100 percent wood waste.(2) 100 percent clean lumber.(3) 100 percent mixture of only wood

waste, clean lumber, and/or yard waste.

§ 60.2250 What are the emission limita­tions for air curtain incinerators?

(a) Within 60 days after your air cur­tain incinerator reaches the chargerate at which it will operate, but nolater than 180 days after its initialstartup, you must meet the two limita­tions specified in paragraphs (a)(l) and(2) of this section.

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

(2) The opacity limitation is 35 per­cent (6-minute average) during thestartup period that is within the first30 minutes of operation.

(b) Except during malfunctions, therequirements of this subpart apply atall times, and each malfunction mustnot exceed 3 hours.

§ 60.2255 How must I monitor opacityfor air curtain incinerators?

(a) Use Method 9 of appendix A ofthis part to determine compliance withthe opacity limitation.

(b) Conduct an initial test for opacityas specified in §60.8.

(c) After the initial test for opacity,conduct annual tests no more than 12calendar months following the date ofyour previous test.

§ 60.2260 What are the recordkeepingand reporting requirements for aircurtain incinerators?

(a) Prior to commencing construc­tion on your air curtain incinerator,submit the three items described in

40 CFR Ch. I (7-1-08 Edition)

paragraphs (a)(l) through (3) of thissection.

(1) Notification of your intent to con­struct the air curtain incinerators.

(2) Your planned initial startup date.(3) Types of materials you plan to

burn in your air curtain incinerator.(b) Keep records of results of all ini­

tial and annual opacity tests onsite ineither paper copy or electronic format,unless the Administrator approves an­other format, for at least 5 years.

(c) Make all records available forsubmittal to the Administrator or foran inspector's onsite review.

(d) You must submit the results(each 6-minute average) of the initialopacity tests no later than 60 days fol­lowing the initial test. Submit annualopacity test results within 12 monthsfollOWing the previous report.

(e) Submit initial and annual opacitytest reports as electronic or paper copyon or before the applicable submittaldate.

(f) Keep a copy of the initial and an­nual reports onsite for a period of 5years.

DEFINITIONS

§ 60.2265 What definitions must Iknow?

Terms used but not defined in thissubpart are defined in the Clean AirAct and subpart A (General Provisions)of this part.

Administrator means the Adminis­trator of the U.S. Environmental Pro­tection Agency or his/her authorizedrepresentative or Administrator of aState Air Pollution Control Agency.

Agricultural waste means vegetativeagricultural materials such as nut andgrain hulls and chaff (e.g., almond, wal­nut, peanut, rice, and wheat), bagasse,orchard prunings, corn stalks, coffeebean hulls and grounds, and other vege­tative waste materials generated as aresult of agricultural operations.

Air curtain incinerator .means an in­cinerator that operates by forcefullyprojecting a curtain of air across anopen chamber or pit in which combus­tion occurs. Incinerators of this typecan be constructed above or belowground and with or without refractory

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Environmental Protection Agency

walls and floor. (Air curtain inciner­ators are not to be confused with con­ventional combustion devices with en­closed fireboxes and controlled airtechnology such as mass burn, mod­ular, and fluidized bed combustors.)

Auxiliary fuel means natural gas,liquified petroleum gas, fuel oil, or die­sel fuel.

Bag leak detection system means an in­strument that is capable of monitoringparticulate matter loadings in the ex­haust of a fabric filter (Le., baghouse)in order to detect bag failures. A bagleak detection system includes, but isnot limited to, an instrument that op­erates on triboelectric, light scat­tering, light transmittance, or otherprinciple to monitor relative particu­late matter loadings.

Calendar quarter means three con­secutive months (nonoverlapping) be­ginning on: January 1, April 1, July 1,or October l.

Calendar year means 365 consecutivedays starting on January 1 and endingon December 3l.

Chemotherapeutic waste means wastematerial resulting from the productionor use of antineoplastic agents used forthe purpose of stopping or reversingthe growth of malignant cells.

Clean lumber means wood or woodproducts that have been cut or shapedand include wet, air-dried, and kiln­dried wood products. Clean lumber doesnot include wood products that havebeen painted, pigment-stained, or pres­sure-treated by compounds such aschromate copper arsenate,pentachlorophenol, and creosote.

Commercial and industrial solid wasteincineration (CISWl) unit means anycombustion unit that combusts com­mercial or industrial waste (as definedin this subpart), that is a distinct oper­ating unit of any commercial or indus­trial facility (including field erected,modular, and custom built incinerationunits operating with starved or excessair), and any air curtain incineratorthat is a distinct operating unit of anycommercial or industrial facility thatdoes not comply with the opacity lim­its under this subpart applicable to aircurtain incinerators burning commer­cial or industrial waste. While not allCISWI units will include all of the fol­lowing components, a CISWI unit in-

§60.2265

cludes, but is not limited to, the com­mercial or industrial solid waste feedsystem, grate system, flue gas system,waste heat recovery equipment, if any,and bottom ash system. The CISWIunit does not include air pollution con­trol equipment or the stack. TheCISWI unit boundary starts at thecommercial or industrial waste hopper(if applicable) and extends through twoareas: The combustion unit flue gassystem, which ends immediately afterthe last combustion chamber or afterthe waste heat recovery equipment, ifany; and the combustion unit bottomash system, which ends at the truckloading station or similar equipmentthat transfers the ash to final disposal.The CISWI unit includes all ash han­dling systems connected to the bottomash handling system. A CISWI unitdoes not include any of the fifteentypes of units described in §60.2555 ofthis subpart, nor does it include anycombustion turbine or reciprocatinginternal combustion engine.

Commercial or industrial waste meanssolid waste (as defined in this subpart)that is combusted at any commercialor industrial facility using controlledflame combustion in an enclosed, dis­tinct operating unit: Whose design doesnot provide for energy recovery (as de­fined in this subpart); or operated with­out energy recovery (as defined in thissubpart). Commercial or industrialwaste also means solid waste (as de­fined in this subpart) combusted in anair curtain incinerator that is a dis­tinct operating unit of any commercialor industrial facility.

Contained gaseous material meansgases that are in a container when thatcontainer is combusted.

Cyclonic barrel burner means a com­bustion device for waste materials thatis attached to a 55 gallon, open-headdrum. The device consists of a lid,which fits onto and encloses the drum,and a blower that forces combustionair into the drum in a cyclonic mannerto enhance the mixing of waste mate­rial and air.

Deviation means any instance inwhich an affected source subject to thissubpart, or an owner or operator ofsuch a source:

(1) Fails to meet any requirement orobligation established by this subpart,

819

§60.2265

including but not limited to any emis­sion limitation, operating limit, or op­erator qualification and accessibilityrequirements;

(2) Fails to meet any term or condi­tion that is adopted to implement anapplicable requirement in this subpartand that is included in the operatingpermit for any affected source requiredto obtain such a permit; or

(3) Fails to meet any emission limi­tation, operating limit, or operatorqualification and accessibility require­ment in this subpart during startup,shutdown, or malfunction, regardlessor whether or not such failure is per­mitted by this subpart.

Dioxinslfurans means tetra- throughoctachlorinated dibenzo-p-dioxins anddibenzofurans.

Discard means, for purposes of thissubpart and 40 CFR part 60, subpartDDDD, only, burned in an incinerationunit without energy recovery.

Drum reclamation unit means a unitthat burns residues out of drums (e.g.,55 gallon drums) so that the drums canbe reused.

Energy recovery means the process ofrecovering thermal energy from com­bustion for useful purposes such assteam generation or process heating.

Fabric filter means an add-on air pol­lution control device used to captureparticulate matter by filtering gasstreams through filter media, alsoknown as a baghouse.

Low-level radioactive waste meanswaste material which contains radio­active nuclides emitting primarily betaor gamma radiation, or both, in con­centrations or quantities that exceedapplicable Federal or State standardsfor unrestricted release. Low-level ra­dioactive waste is not high-level radio­active waste, spent nuclear fuel, or by­product material as defined by theAtomic Energy Act of 1954 (42 U.S.C.2014(e)(2».

Malfunction means any sudden, infre­quent, and not reasonably preventablefailure of air pollution control equip­ment, process equipment, or a processto operate in a normal or usual man­ner. Failures that are caused, in part,by poor maintenance or careless oper­ation are not malfunctions.

Modification or modified CISWI unitmeans a CISWI unit you have changed

40 CFR Ch. I (7-1-08 Edition)

later than June 1, 2001 and that meetsone of two criteria:

(1) The cumulative cost of thechanges over the life of the unit ex­ceeds 50 percent of the original cost ofbuilding and installing the CISWI unit(not including the cost of land) updatedto current costs (current dollars). Todetermine what systems are within theboundary of the CISWI unit used tocalculate these costs, see the definitionof CISWI unit.

(2) Any physical change in the CISWIunit or change in the method of oper­ating it that increases the amount ofany air pollutant emitted for whichsection 129 or section 111 of the CleanAir Act has established standards.

Part reclamation unit means a unitthat burns coatings off parts (e.g.,tools, equipment) so that the parts canbe reconditioned and reused.

Particulate matter means total partic­ulate matter emitted from CISWI unitsas measured by Method 5 or Method 29of appendix A of this part.

Pathological waste means waste mate­rial consisting of only human or ani­mal remains, anatomical parts, and/ortissue, the bags/containers used to col­lect and transport the waste material,and animal bedding (if applicable).

Rack reclamation unit means a unitthat burns the coatings off racks usedto hold small items for application of acoating. The unit burns the coatingoverspray off the rack so the rack canbe reused.

Reconstruction means rebuilding aCISWI unit and meeting two criteria:

(1) The reconstruction begins on orafter June 1, 2001.

(2) The cumulative cost of the con­struction over the life of the inciner­ation unit exceeds 50 percent of theoriginal cost of building and installingthe CISWI unit (not including land) up­dated to current costs (current dol­lars). To determine what systems arewithin the boundary of the CISWI unitused to calculate these costs, see thedefinition of CISWI unit.

Refuse-derived fuel means a type ofmunicipal solid waste produced byprocessing municipal solid wastethrough shredding and size classifica­tion. This includes all classes of refuse­derived fuel including two fuels:

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Environmental Protection Agency

(1) Low-density fluff refuse-derivedfuel through densified refuse-derivedfuel.

(2) Pelletized refuse-derived fuel.Shutdown means the period of time

after all waste has been combusted inthe primary chamber.

Solid waste means any garbage,refuse, sludge from a waste treatmentplant, water supply treatment plant, orair pollution control facility and otherdiscarded material, including solid, liq­uid, semisolid, or contained gaseousmaterial resulting from industrial,commercial, mining, agricultural oper­ations, and from community activities,but does not include solid or dissolvedmaterial in domestic sewage, or solidor dissolved materials in irrigation re­turn flows or industrial dischargeswhich are point sources subject to per­mits under section 402 of the FederalWater Pollution Control Act, asamended (33 U.S.C. 1342), or source, spe­cial nuclear, or byproduct material asdefined by the Atomic Energy Act of1954, as amended (42 U.S.C. 2014).

Standard conditions, when referring tounits of measure, means a temperature

Pt. 60, Subpt. ecce, Table 1

of 68 OF (20°C) and a pressure of 1 at­mosphere (101.3 kilopascals).

Startup period means the period oftime between the activation of the sys­tem and the first charge to the unit.

Wet scrubber means an add-on air pol­lution control device that utilizes anaqueous or alkaline scrubbing liquor tocollect particulate matter (includingnonvaporous metals and condensedorganics) and/or to absorb and neu­tralize acid gases.

Wood waste means untreated woodand untreated wood products, includingtree stumps (whole or chipped), trees,tree limbs (whole or chipped), bark,sawdust, chips, scraps, slabs, millings,and shavings. Wood waste does not in­clude:

(1) Grass, grass clippings, bushes,shrubs, and clippings from bushes andshrubs from residential, commercialJre­tail, institutional, or industrial sourcesas part of maintaining yards or otherprivate or public lands.

(2) Construction, renovation, or dem­olition wastes.

(3) Clean lumber.

[65 FR 75350, Dec. 1, 2000, as amended at 70FR 55580, Sept. 22, 2005]

TABLE 1 TO SUBPART CCCC OF PART 6D-EMISSION LIMITATIONS

For the air pollutant

Cadmium

Carbon monoxide .

Oioxinslturans (toxic equiva­lency basis).

Hydrogen chloride

Lead.

Mercury .

Opacity .

Oxides of nitrogen .

Particulate matter .

Sulfur dioxide ..

You must meet this emissionlimitation"

0.004 milligrams per drystandard cubic meter.

157 parts per million by dryvolume.

0.41 nanograms per drystandard cubic meter.

62 parts per million by dryvolume.

0.04 milligrams per dry stand­ard cubic meter.

0.47 milligrams per dry stand­ard cubic meter.

10 percent .

388 parts per million by dryvolume.

70 milligrams per dry stand­ard cubic meter.

20 parts per million by dryvolume.

Using this averaging time

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

6-minute averages .

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

3-run average (1 hour min­imum sample time per run).

And detennining complianceusing this method

Performance test (Method 29of appendix A of this part).

Pertormance test (Method 10.10A, or 10B of appendix Aof this part).

Pertormance test (Method 23of Appendix A of this part).

Pertormance test (Method26A of appendix A of thispart).

Performance test (Method 29of appendix A of this part).

Pertormance test (Method 29of appendix A of this part).

Pertormance test (Method 9of appendix A of this part).

Pertormance test (Method 7.7A, 7e, 7D, or 7E of ap­pendix A of this part).

Pertormance test (Method 5or 29 of appendix A of thispart).

Pertormance test (Method 6or 6c of appendix A of thispart.

"All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard conditions.

[66 FR 16606, Mar. 27, 2001]

821

pt. 60, Subpt. CCCC, Table 2 40 CFR Ch. I (7-1-08 Edition)

TABLE 2 TO SUBPART ecce OF PART 6D-OPERATING LIMITS FOR WET SCRUBBERS

And monitoring using these minimum frequenciesFor these operatingparameters

Charge rate.

Pressure drop acrossthe wet scrubber oramperage to wetscrubber.

Scrubber liquor flow rateScrubber liquor pH

You must establishthese operating limits

Maximum charge rate ._

Minimum pressure dropor amperage.

Minimum flow rate .Minimum pH .

Data measurement

Continuous

Continuous

ContinuousContinuous

Data recording

Every hour.

Every 15 minutes.

Every 15 minutes.Every 15 minutes.

Averaging time

Daily (batch un~s) 3­hour rolling (contin·vaus and intermittentunits) a

3-hour rolling a

34hour rolling a

3-hour rolling a

a Calculated each hour as the average of the previous 3 operating hours.

TABLE 3 TO SUBPART ecce OF PART 6D-ToXIC EQUIVALENCY FACTORS

Dioxin/furan congener

2,3,7,8~tetrachlorinated dibenzo~p-dioxin

1,2,3,7,8~pentachlorinated dibenzo~p-dioxin .1,2,3,4,7,8~hexachlorinated dibenzo~p-dioxin .1,2,3,7,8,9~hexachlorinated dibenzo~p-dioxin .1,2,3,6,7,8~hexachlorinated dibenzo~p~dloxin .1,2,3,4,6,7,8~heptachlorinated dibenzo~p~dioxln

oetachlorinated dibenzQ-p-dioxin .2,3,7,8-tetrachlorinated dibenzofuran .2,3,4, 7,8~pentachlorinated dibenzofuran1,2,3,7.8-pentachlorinated dibenzofuran1,2,3,4,7,8-hexachlorinated dibenzofuran .1,2,3,6,7,8-hexachlorinated dibenzofuran .1,2,3, 7,8,9~hexachlorinated dibenzofuran .2,3,4,6,7,8~hexachlorinated dibenzofuran .1,2,3,4,6,7,8~heptachlorinated dlbenzofuran .1,2,3,4,7,8,9-heptachlorinated dibenzofuran ...octachlorinated dibenzofuran .....

Toxic equiva­lency factor

1

0.50.10.10.10.010.0010.10.50.050.10.10.10.10.010.010.001

TABLE 4 TO SUBPART ecce OF PART 6D-SUMMARY OF REPORTING REQUIREMENTS A

Report

Preconstruetion report .

Startup notification

in~ial test report .

Due date

Prior to commencing construction.

Prior to initial startup .....

No later than 60 days foilowing theinitial pertonnance test

Contents Reference

Statement of intent to construct. § 60.2190• Anticipated date 01 commence­

ment of construction• Documentation for siting require-

ments• Waste management plan• Anticipated date of initial startup• Type of waste to be bumed . § 60.2195• Maximum design waste burning

capacity• Anticipated maximum charge

rate• If applicabie, the petition for site~

specific operating limits• Complete test report for the ini~ § 60.2200

tial performance test• The values for the site-specific

operating limits• Instailation of bag ieak detection

system for fabric filter

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Environmental Protection Agency pt. 60, Subpt. ecce, Table 4

Report

Annual report

Emission limitation oroperating limit devi­ation report.

Qualified operator devi­ation notification.

Qualified operator devi­ation status report.

Qualified operator devi­ation notification of ra·surned operation.

Due date

No later than 12 months followingthe submission of the initial testreport. Subsequent reports are tobe submitted no more than 12months following the previous re­port.

By August 1 of that year for datacollected during the first half ofthe calendar year. By February 1of the following year for data col·lected during the second half ofthe calendar year.

Within 10 days of deviation ..

Every 4 weeks following deviation

Prior to resuming operation .

Contents Reference

• Name and address §§ 60.2205 and 60.2210• Statement and signature by re-

sponsible official• Date of report• Values for the operating limits• If no deviations or malfunctions

were reported, a statement thatno deviations occurred duringthe reporting period

• Highest recorded 3-hour averageand the lowest 3-hour average,as applicable, tor each operatingparameter recorded for the cal­endar year being reported

• Information tor deviations or mal­functions recorded under§ 60.2175(b)(6) and (c) through(e)

• If a performance test was con­ducted during the reporting pe­riod, the results of the test

• If a perlormance test was notconducted during the reportingperiod, a statement that the re­quirements of §60.2155(a) or (b)were met

• Documentation of periods whenall qualified CISWI unit operatorswere unavailable for more than 8hours but less than 2 weeks

• Dates and times of deviation § 60.2215 and 60.2220• Averaged and recorded data for

those dates• Duration and causes ot each de­

viation and the corrective actionstaken

• Copy of operating limit moni­toring data and any test reports

• Dates, times, and causes formonitor downtime incidents

• Whether each deviation occurredduring a period of startup, shut­down. or malfunction

• Statement of cause of deviation § 60.2225(a)(I)• Description of efforts to have an

accessible qualified operator• The date a qualified operator will

be accessible• Description of efforts to have an § 60.2225(a)(2)

accessible qualified operator• The date a qualified operator will

be accessible• Request for approval to continue

operation• Notification that you are resum- §60.2225(b)

ing operation

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

823

CERTIFICATE OF SERVICE

I, Pam Owen, hereby certify that a copy of this permit has been mailed by first class mail to

"ndTokusen USA, Inc., PO Box 1150, Conway, AR, 72033, on this c:x day of

___t_tt__~_b-=--<tJC..---..::::...- , 2009.

7 2rn OLueD_-Pam Owen, AAII, Air Division