[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.51b]

[Page 210-215]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of 
Contents
 
Subpart Eb_Standards of Performance for Large Municipal Waste Combustors 
  for Which Construction is Commenced After September 20, 1994 or for 
  Which Modification or Reconstruction is Commenced After June 19, 1996
 
Sec.  60.51b  Definitions.

    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which burning occurs. Incinerators of this type can be constructed above 
or below ground and with or without refractory walls and floor.
    Batch municipal waste combustor means a municipal waste combustor 
unit designed so that it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed while combustion is occurring.
    Bubbling fluidized bed combustor means a fluidized bed combustor in 
which the majority of the bed material remains in a fluidized state in 
the primary combustion zone.
    Calendar quarter means a consecutive 3-month period (nonoverlapping) 
beginning on January 1, April 1, July 1, and October 1.
    Calendar year means the period including 365 days starting January 1 
and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for daily onsite supervision, technical direction, 
management, and overall performance of the facility.
    Circulating fluidized bed combustor means a fluidized bed combustor 
in which the majority of the fluidized bed material is carried out of 
the primary combustion zone and is transported back to the primary zone 
through a recirculation loop.

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    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include yard waste, which is 
defined elsewhere in this section, or construction, renovation, and 
demolition wastes (including but not limited to railroad ties and 
telephone poles), which are exempt from the definition of municipal 
solid waste in this section.
    Cofired combustor means a unit combusting municipal solid waste with 
nonmunicipal solid waste fuel (e.g., coal, industrial process waste) and 
subject to a federally enforceable permit limiting the unit to 
combusting a fuel feed stream, 30 percent or less of the weight of which 
is comprised, in aggregate, of municipal solid waste as measured on a 
calendar quarter basis.
    Continuous emission monitoring system means a monitoring system for 
continuously measuring the emissions of a pollutant from an affected 
facility.
    Dioxin/furan means tetra- through octa- chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator including the requirements of 40 CFR 
parts 60, 61, and 63, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.
    First calendar half means the period starting on January 1 and 
ending on June 30 in any year.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations when the affected facility is 
operating and combusting municipal solid waste measured over 4-hour 
periods of time from 12:00 midnight to 4 a.m., 4 a.m. to 8 a.m., 8 a.m. 
to 12:00 noon, 12:00 noon to 4 p.m., 4 p.m. to 8 p.m., and 8 p.m. to 
12:00 midnight.
    Mass burn refractory municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a refractory wall 
furnace. Unless otherwise specified, this includes combustors with a 
cylindrical rotary refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustor means a field-
erected combustor that combusts municipal solid waste in a cylindrical 
rotary waterwall furnace or on a tumbling-tile grate.
    Mass burn waterwall municipal waste combustor means a field-erected 
combustor that combusts municipal solid waste in a waterwall furnace.
    Materials separation plan means a plan that identifies both a goal 
and an approach to separate certain components of municipal solid waste 
for a given service area in order to make the separated materials 
available for recycling. A materials separation plan may include 
elements such as dropoff facilities, buy-back or deposit-return 
incentives, curbside pickup programs, or centralized mechanical 
separation systems. A materials separation plan may include different 
goals or approaches for different subareas in the service area, and may 
include no materials separation activities for certain subareas or, if 
warranted, an entire service area.
    Maximum demonstrated municipal waste combustor unit load means the 
highest 4-hour arithmetic average municipal waste combustor unit load 
achieved during four consecutive hours during the most recent dioxin/
furan performance test demonstrating compliance with the applicable 
limit for municipal waste combustor organics specified under Sec.  
60.52b(c).
    Maximum demonstrated particulate matter control device temperature 
means the highest 4-hour arithmetic average flue gas temperature 
measured at the particulate matter control device inlet during four 
consecutive hours during the most recent dioxin/furan performance test 
demonstrating compliance with the applicable limit for municipal waste 
combustor organics specified under Sec.  60.52b(c).
    Modification or modified municipal waste combustor unit means a 
municipal waste combustor unit to which changes have been made after 
June 19, 1996 if the cumulative cost of the changes, over the life of 
the unit, exceed 50 percent of the original cost of construction and 
installation of the unit (not

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including the cost of any land purchased in connection with such 
construction or installation) updated to current costs; or any physical 
change in the municipal waste combustor unit or change in the method of 
operation of the municipal waste combustor unit increases the amount of 
any air pollutant emitted by the unit for which standards have been 
established under section 129 or section 111. Increases in the amount of 
any air pollutant emitted by the municipal waste combustor unit are 
determined at 100-percent physical load capability and downstream of all 
air pollution control devices, with no consideration given for load 
restrictions based on permits or other nonphysical operational 
restrictions.
    Modular excess-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers, all of which are designed to operate at 
conditions with combustion air amounts in excess of theoretical air 
requirements.
    Modular starved-air municipal waste combustor means a combustor that 
combusts municipal solid waste and that is not field-erected and has 
multiple combustion chambers in which the primary combustion chamber is 
designed to operate at substoichiometric conditions.
    Municipal solid waste or municipal-type solid waste or MSW means 
household, commercial/retail, and/or institutional waste. Household 
waste includes material discarded by single and multiple residential 
dwellings, hotels, motels, and other similar permanent or temporary 
housing establishments or facilities. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes material 
discarded by schools, nonmedical waste discarded by hospitals, material 
discarded by nonmanufacturing activities at prisons and government 
facilities, and material discarded by other similar establishments or 
facilities. Household, commercial/retail, and institutional waste does 
not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which includes but is not limited to 
railroad ties and telephone poles); clean wood; industrial process or 
manufacturing wastes; medical waste; or motor vehicles (including motor 
vehicle parts or vehicle fluff). Household, commercial/retail, and 
institutional wastes include:
    (1) Yard waste;
    (2) Refuse-derived fuel; and
    (3) Motor vehicle maintenance materials limited to vehicle batteries 
and tires except as specified in Sec.  60.50b(g).
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular 
incinerators (starved-air or excess-air), boilers (i.e., steam 
generating units), furnaces (whether suspension-fired, grate-fired, 
mass-fired, air curtain incinerators, or fluidized bed-fired), and 
pyrolysis/combustion units. Municipal waste combustors do not include 
pyrolysis/combustion units located at a plastics/rubber recycling unit 
(as specified in Sec.  60.50b(m)). Municipal waste combustors do not 
include cement kilns firing municipal solid waste (as specified in Sec.  
60.50b(p)). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
    (2) The boundaries of a municipal solid waste combustor are defined 
as follows. The municipal waste combustor unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustor water system. The 
municipal waste combustor boundary starts at the municipal solid waste 
pit or hopper and extends through:
    (i) The combustor flue gas system, which ends immediately following 
the heat recovery equipment or, if there is no heat recovery equipment, 
immediately following the combustion chamber,
    (ii) The combustor bottom ash system, which ends at the truck 
loading

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station or similar ash handling equipment that transfer the ash to final 
disposal, including all ash handling systems that are connected to the 
bottom ash handling system; and
    (iii) The combustor water system, which starts at the feed water 
pump and ends at the piping exiting the steam drum or superheater.
    (3) The municipal waste combustor unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set.
    Municipal waste combustor acid gases means all acid gases emitted in 
the exhaust gases from municipal waste combustor units including, but 
not limited to, sulfur dioxide and hydrogen chloride gases.
    Municipal waste combustor metals means metals and metal compounds 
emitted in the exhaust gases from municipal waste combustor units.
    Municipal waste combustor organics means organic compounds emitted 
in the exhaust gases from municipal waste combustor units and includes 
tetra-through octa- chlorinated dibenzo-p-dioxins and dibenzofurans.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec.  60.50b) at the same location.
    Municipal waste combustor unit capacity means the maximum charging 
rate of a municipal waste combustor unit expressed in tons per day of 
municipal solid waste combusted, calculated according to the procedures 
under Sec.  60.58b(j). Section 60.58b(j) includes procedures for 
determining municipal waste combustor unit capacity for continuous and 
batch feed municipal waste combustors.
    Municipal waste combustor unit load means the steam load of the 
municipal waste combustor unit measured as specified in Sec.  
60.58b(i)(6).
    Particulate matter means total particulate matter emitted from 
municipal waste combustor units as measured by EPA Reference Method 5 
(see Sec.  60.58b(c)).
    Plastics/rubber recycling unit means an integrated processing unit 
where plastics, rubber, and/or rubber tires are the only feed materials 
(incidental contaminants may be included in the feed materials) and they 
are processed into a chemical plant feedstock or petroleum refinery 
feedstock, where the feedstock is marketed to and used by a chemical 
plant or petroleum refinery as input feedstock. The combined weight of 
the chemical plant feedstock and petroleum refinery feedstock produced 
by the plastics/rubber recycling unit on a calendar quarter basis shall 
be more than 70 percent of the combined weight of the plastics, rubber, 
and rubber tires processed by the plastics/rubber recycling unit on a 
calendar quarter basis. The plastics, rubber, and/or rubber tire feed 
materials to the plastics/rubber recycling unit may originate from the 
separation or diversion of plastics, rubber, or rubber tires from MSW or 
industrial solid waste, and may include manufacturing scraps, trimmings, 
and off-specification plastics, rubber, and rubber tire discards. The 
plastics, rubber, and rubber tire feed materials to the plastics/rubber 
recycling unit may contain incidental contaminants (e.g., paper labels 
on plastic bottles, metal rings on plastic bottle caps, etc.).
    Potential hydrogen chloride emission concentration means the 
hydrogen chloride emission concentration that would occur from 
combustion of municipal solid waste in the absence of any emission 
controls for municipal waste combustor acid gases.
    Potential mercury emission concentration means the mercury emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any mercury emissions control.
    Potential sulfur dioxide emissions means the sulfur dioxide emission 
concentration that would occur from combustion of municipal solid waste 
in the absence of any emission controls for municipal waste combustor 
acid gases.
    Pulverized coal/refuse-derived fuel mixed fuel-fired combustor means 
a combustor that fires coal and refuse-derived fuel simultaneously, in 
which pulverized coal is introduced into an air stream that carries the 
coal to the combustion chamber of the unit where it is fired in 
suspension. This includes both conventional pulverized coal and 
micropulverized coal.

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    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids through the heating of municipal solid waste, and the gases, 
liquids, or solids produced are combusted and emissions vented to the 
atmosphere.
    Reconstruction means rebuilding a municipal waste combustor unit for 
which the reconstruction commenced after June 19, 1996, and the 
cumulative costs of the construction over the life of the unit exceed 50 
percent of the original cost of construction and installation of the 
unit (not including any cost of land purchased in connection with such 
construction or installation) updated to current costs (current 
dollars).
    Refractory unit or refractory wall furnace means a combustion unit 
having no energy recovery (e.g., via a waterwall) in the furnace (i.e., 
radiant heat transfer section) of the combustor.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including low-density fluff refuse-derived fuel through densified 
refuse-derived fuel and pelletized refuse-derived fuel.
    Refuse-derived fuel stoker means a steam generating unit that 
combusts refuse-derived fuel in a semisuspension firing mode using air-
fed distributors.
    Same location means the same or contiguous property that is under 
common ownership or control including properties that are separated only 
by a street, road, highway, or other public right-of-way. Common 
ownership or control includes properties that are owned, leased, or 
operated by the same entity, parent entity, subsidiary, subdivision, or 
any combination thereof including any municipality or other governmental 
unit, or any quasi-governmental authority (e.g., a public utility 
district or regional waste disposal authority).
    Second calendar half means the period starting July 1 and ending on 
December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of the operation of a municipal waste combustor and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the facility during an assigned shift.
    Spreader stoker coal/refuse-derived fuel mixed fuel-fired combustor 
means a combustor that fires coal and refuse-derived fuel 
simultaneously, in which coal is introduced to the combustion zone by a 
mechanism that throws the fuel onto a grate from above. Combustion takes 
place both in suspension and on the grate.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Total mass dioxin/furan or total mass means the total mass of tetra- 
through octa- chlorinated dibenzo-p-dioxins and dibenzofurans, as 
determined using EPA Reference Method 23 and the procedures specified 
under Sec.  60.58b(g).
    Tumbling-tile means a grate tile hinged at one end and attached to a 
ram at the other end. When the ram extends, the grate tile rotates 
around the hinged end.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the affected facility is operating and 
combusting municipal solid waste measured over a 24-hour period between 
12:00 midnight and the following midnight.
    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or ``pressure-treated.'' Pressure-treating compounds 
include, but are not limited to, chromate copper arsenate, 
pentachlorophenol, and creosote.
    Waterwall furnace means a combustion unit having energy (heat) 
recovery in the furnace (i.e., radiant heat transfer section) of the 
combustor.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs that are generated by residential, 
commercial/retail, institutional, and/or industrial sources as part of 
maintenance activities associated with yards or other private or public 
lands. Yard waste does not include construction, renovation,

[[Page 215]]

and demolition wastes, which are exempt from the definition of municipal 
solid waste in this section. Yard waste does not include clean wood, 
which is exempt from the definition of municipal solid waste in this 
section.

[60 FR 65419, Dec. 19, 1995, as amended at 62 FR 45121, 45126, Aug. 25, 
1997; 66 FR 36476, July 12, 2001]

    Effective Date Note: At 71 FR 27335, May 10, 2006, Sec.  60.51b was 
amended by revising the definition of ``Federally enforceable'' and 
adding the definitions for ``Administrator,'' ``Continuous automated 
sampling system,'' and ``EPA,'' in alphabetical order, effective Nov. 6, 
2006. For the convenience of the user, the revised and added text is set 
forth as follows:

Sec.  60.51b  Definitions.

    Administrator means:
    (1) For approved and effective State Section 111(d)/129 plans, the 
Director of the State air pollution control agency, or employee of the 
State air pollution control agency that is delegated the authority to 
perform the specified task;
    (2) For Federal Section 111(d)/129 plans, the Administrator of the 
EPA, an employee of the EPA, the Director of the State air pollution 
control agency, or employee of the State air pollution control agency to 
whom the authority has been delegated by the Administrator of the EPA to 
perform the specified task; and
    (3) For NSPS, the Administrator of the EPA, an employee of the EPA, 
the Director of the State air pollution control agency, or employee of 
the State air pollution control agency to whom the authority has been 
delegated by the Administrator of the EPA to perform the specified task.

                                * * * * *

    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single or multiple integrated sample(s) of the pollutant (or diluent 
gas) for subsequent on-or off-site analysis; integrated sample(s) 
collected are representative of the emissions for the sample time as 
specified by the applicable requirement.

                                * * * * *

    EPA means the Administrator of the U.S. EPA or employee of the U.S. 
EPA who is delegated to perform the specified task.
    Federally enforceable means all limitations and conditions that are 
enforceable by EPA including the requirements of 40 CFR part 60, 40 CFR 
part 61, and 40 CFR part 63, requirements within any applicable State 
implementation plan, and any permit requirements established under 40 
CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.

                                * * * * *