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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 40 - Protection of Environment
 Chapter I - Environmental Protection Agency
 SubChapter C - Air Programs
 Part 62 - Approval and Promulgation of State Plans for Designated Facilities and Pollutants
 Subpart LLL - Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010
 Delegation of Authority

§ 62.16050 - What authorities will be retained by the EPA Administrator?

Latest version.

  • § 62.16050 What authorities will be retained by the EPA Administrator?

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

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

    (b) Approval of major alternatives to test methods.

    (c) Approval of major alternatives to monitoring.

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

    (e) The requirements in § 62.15965.

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

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

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

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

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

    For the air pollutant You must meet this emission limit1 Using these averaging methods
    and minimum sampling volumes
    or durations     		And determining compliance using this method
    Particulate matter 18 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run) Performance test (Method 5 at 40 CFR part 60, appendix A-3; Method 26A or Method 29 at 40 CFR part 60, appendix A-8).
    Hydrogen chloride 0.51 parts per million by dry volume 3-run average (Collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 26A at 40 CFR part 60, appendix A-8).
    Carbon monoxide 64 parts per million by dry volume 3-run average (collect sample for a minimum duration of one hour per run) Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A-4).
    Dioxins/furans (total mass basis); or 1.2 nanograms per dry standard cubic meter (total mass basis); or 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 23 at 40 CFR part 60, appendix A-7).
    Dioxins/furans (toxic equivalency basis)2 0.10 nanograms per dry standard cubic meter (toxic equivalency basis)
    Mercury 0.037 milligrams per dry standard cubic meter 3-run average (For Method 29 and ASTM D6784-02 (Reapproved 2008)3 , collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A-8) Performance test (Method 29 at 40 CFR part 60, appendix A-8; Method 30B at 40 CFR part 60, appendix A-8; or ASTM D6784-02 (Reapproved 2008).3 5
    Oxides of nitrogen 150 parts per million by dry volume 3-run average (Collect sample for a minimum duration of one hour per run) Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).
    Sulfur dioxide 15 parts per million by dry volume 3-run average (For Method 6, collect a minimum volume of 60 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run) Performance test (Method 6 or 6C at 40 CFR part 40, appendix A-4; or ANSI/ASME PTC-19.10-1981.3 4
    Cadmium 0.0016 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 29 at 40 CFR part 60, appendix A-8). Use GFAAS or ICP/MS for the analytical finish.
    Lead 0.0074 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters sample per run) Performance test (Method 29 at 40 CFR part 60, appendix A-8. Use GFAAS or ICP/MS for the analytical finish.
    Fugitive emissions from ash handling Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period Three 1-hour observation periods Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).

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

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

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

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

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

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

    For the air pollutant You must meet this emission limit1 Using these averaging methods
    and minimum sampling volumes
    or durations     		And determining compliance using this method
    Particulate matter 80 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 0.75 dry standard cubic meters per run) Performance test (Method 5 at 40 CFR part 60, appendix A-3; Method 26A or Method 29 at 40 CFR part 60, appendix A-8).
    Hydrogen chloride 1.2 parts per million by dry volume 3-run average (For Method 26, collect a minimum volume of 200 liters per run. For Method 26A, collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 26 or 26A at 40 CFR part 60, appendix A-8).
    Carbon monoxide 3,800 parts per million by dry volume 3-run average (collect sample for a minimum duration of one hour per run) Performance test (Method 10, 10A, or 10B at 40 CFR part 60, appendix A-4).
    Dioxins/furans (total mass basis) 5.0 nanograms per dry standard cubic meter; or 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 23 at 40 CFR part 60, appendix A-7).
    Dioxins/furans (toxic equivalency basis).2 0.32 nanograms per dry standard cubic meter
    Mercury 0.28 milligrams per dry standard cubic meter 3-run average (For Method 29 and ASTM D6784-02 (Reapproved 2008),3 collect a minimum volume of 1 dry standard cubic meters per run. For Method 30B, collect a minimum sample as specified in Method 30B at 40 CFR part 60, appendix A-8) Performance test (Method 29 at 40 CFR part 60, appendix A-8; Method 30B at 40 CFR part 60, appendix A-8; or ASTM D6784-02 (Reapproved 2008).3 5
    Oxides of nitrogen 220 parts per million by dry volume 3-run average (Collect sample for a minimum duration of one hour per run) Performance test (Method 7 or 7E at 40 CFR part 60, appendix A-4).
    Sulfur dioxide 26 parts per million by dry volume 3-run average (For Method 6, collect a minimum volume of 200 liters per run. For Method 6C, collect sample for a minimum duration of one hour per run) Performance test (Method 6 or 6C at 40 CFR part 40, appendix A-4; or ANSI/ASME PTC 19.10-1981.3 4
    Cadmium 0.095 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 29 at 40 CFR part 60, appendix A-8).
    Lead 0.30 milligrams per dry standard cubic meter 3-run average (collect a minimum volume of 1 dry standard cubic meters per run) Performance test (Method 29 at 40 CFR part 60, appendix A-8.
    Fugitive emissions from ash handling Visible emissions of combustion ash from an ash conveying system (including conveyor transfer points) for no more than 5 percent of any compliance test hourly observation period Three 1-hour observation periods Visible emission test (Method 22 at 40 CFR part 60, appendix A-7).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    2 CMS means continuous monitoring system.