(1) As used in this section:

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(a) ‘Continuous automated sampling system’ means the total equipment and procedures for automated sample collection, sample recovery and analysis to determine an air contaminant concentration or emission rate by collecting a single sample or multiple integrated samples of the air contaminant for subsequent on- or off-site analysis.

(b) ‘Continuous emissions monitoring system’ means a monitoring system for continuously measuring the emissions of an air contaminant from an incinerator.

(c) ‘Dioxin/furan’ means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.

(d) ‘Municipal solid waste incinerator’ means any facility operated before, on or after September 24, 2023, for the purpose of combusting municipal solid waste, regardless of whether the facility is later reclassified as another type of waste combustion facility.

(2)(a) The owner or operator of a municipal solid waste incinerator shall develop a plan to continuously monitor or sample emissions of:

(A) Carbon monoxide;

(B) Sulfur dioxide;

(C) Nitrogen oxides;

(D) Opacity;

(E) PCB;

(F) Dioxin/furan;

(G) Cadmium;

(H) Lead;

(I) Mercury;

(J) Arsenic;

(K) Total chromium;

(L) Manganese;

(M) Nickel;

(N) Selenium; and

(O) Zinc.

(b) Where technologically feasible, the plan must provide for the use of a continuous emissions monitoring system to monitor the air contaminants described in paragraph (a) of this subsection.

(c) If it is not technologically feasible to use a continuous emissions monitoring system to monitor an air contaminant described in paragraph (a) of this subsection, the plan must provide for the use of a continuous automated sampling system to continuously sample that air contaminant.

(3) The plan must describe how the owner or operator will:

(a) Conduct continuous monitoring or sampling required by this section for a period of 12 consecutive months; and

(b) Make emissions data available to the Department of Environmental Quality and the public.

(4)(a) The owner or operator of a municipal solid waste facility must submit the plan required by this section to the department no later than three months after September 24, 2023. Before approving the plan, the department may make such modifications to the plan as necessary to ensure the quality and accuracy of sampling or monitoring data.

(b) The owner or operator of a municipal solid waste incinerator must implement a plan approved by the department no later than three months after the date of approval.

(5) Notwithstanding subsection (4) of this section, the department may at the department’s discretion, for good cause shown, extend the three-month deadlines for submitting or implementing the plan required by this section. [2023 c.612 § 2]