2019 CISWI Standards: Technical Amendments (40 CFR Part 60 Subparts CCCC & DDDD)

Following a series of comments from industry stakeholders and implementing agencies, the U.S. Environmental Protection Agency (U.S. EPA) published the June 2016 proposed amendments Commercial and Industrial Solid Waste Incineration (CISWI) Standards of Performance for New Stationary Sources (typically referred to as the New Source Performance Standards or NSPS). A rule action, which took place on April 16, 2019, finalized the proposed amendments. Of course, affected facilities are those operating CISWI units. There are 10 technical amendments (TA) in the 2019 Final Action. Here are my thoughts regarding each TA:

1. Alternative equivalent emission limit for mercury (Hg) for the waste-burning kiln subcategory;The first TA provides an alternative emissions limit for waste-burning cement kilns which is consistent with the Portland cement (PC) National Emission Standards for Hazardous Air Pollutants (NESHAP) limit, on a pound of mercury per million ton of clinker production basis, to facilitate the equivalent production-based emissions limits in recordkeeping and reporting.
2. Timing of initial test and initial performance evaluation;
   The second TA is my favorite because it will give additional time for initial compliance demonstration. The timing of the continuous monitoring system (CMS) initial performance evaluation was adjusted to allow for 180 day period from the installation date to match the schedule which is allowed for conducting the initial performance test instead of just 60 days. Making timelines consistent will streamline compliance demonstrations and prevent possible duplicative testing.
3. Extension of the date by which electronic data reporting requirements must be met;
   The third TA provides an extension for electronic submittal of initial, annual, and deviation reports to two years from publication of the final rule or one year after the reporting form becomes available in the Compliance and Emissions Data Reporting Interface (CEDRI), whichever is later. It also allows state local and tribal agencies to make permit revisions as needed and allows U.S. EPA time for development of the online reporting tool.
4. Clarification of non-delegated authorities;
   In this TA, U.S. EPA further-defined the final list of states who are delegated (or non-delegated) authorities for implementing the NSPS and NSPS Emissions Guidelines.
5. Demonstration of initial and continuous compliance when using a continuous emissions monitoring system (CEMS);
   U.S. EPA addressed CEMS initial and continuous compliance demonstration obligations, which were previously inconsistent and unclear. For example, 40 CFR §60.2135 was revised to reflect the use of CEMS data as an initial compliance demonstration alternative to an emissions test, provided that the initial CEMS performance evaluation has been conducted prior to collecting the CEMS data that is used for the initial performance test.
6. Continuous opacity monitoring requirements;
   U.S. EPA clarified the Continuous Opacity Monitoring System (COMS) requirements for energy recovery units between 10 and 250 MMBtu/hr design heat input. “Electrostatic precipitator” and “particulate matter CPMS” were added to the list for energy recovery units (that originally included CO wet scrubbers and fabric filters) found in 40 CFR §60.2165(m) and §60.2730(m) as type of units that do not require COMS.
7. Other CEMS requirements;
   The seventh TA addresses two additional CEMS-related requirements. These are:
   1. CO CEMS for new waste-burning kilns are now not required; and
   2. Outdated notification requirements for when particulate matter CEMS are being used were removed.
   These requirements do not appear on Table 4 to Subpart CCCC, nor Table 4 to Subpart DDDD, nor do they appear in the notification requirements. Therefore, the notification requirements were inconsistent with other parts of the rules and U.S. EPA removed them.
8. Clarification of “skip testing” requirements;
   The eighth TA, which I like very much because it brings the opportunity of less testing, further defines reduced testing requirements which include a window of testing every three years instead of annually if the unit continues to pass the annual tests.
9. Deviation reporting requirements for continuous monitoring data;
   The ninth TA provides clarification of deviation reporting requirements for CMS data. Specifically, requirements for continuously measured parameters or emissions using CEMS were not clearly outlined. The 30-day averages for PM CEMS along with other operating parameters and CEMS that deviated from an emission limit must be included in a deviation report.
10. Clarification of air curtain incinerator (ACI) requirements;
    The tenth and last TA addresses the applicability of CISWI to air curtain incinerators (ACI). An ACI does not need to meet the definition of a CISWI unit to be subject to the CISWI rules. A facility can have a CISWI-affected ACI without having a CISWI unit onsite.

One thing to acknowledge is how the amendments provide consistency among several regulatory mandates for CISWI operators while at the same time, making compliance and reporting as efficient as possible. For more information on how ALL4 can provide support with the 2019 CISWI Standards and TA, please contact us.