Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed On or Before December 1, 2008, and Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators, 28051-28078 [2013-09427]
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Vol. 78
Monday,
No. 92
May 13, 2013
Part III
Environmental Protection Agency
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40 CFR Parts 60 and 62
Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before December 1, 2008, and Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators; Final Rule
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 62
[EPA–HQ–OAR–2011–0405 and EPA–HQ–
OAR–2006–0534; FRL–9802–3]
RIN 2060–AR–11 and RIN 2060–A004
Federal Plan Requirements for
Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before
December 1, 2008, and Standards of
Performance for New Stationary
Sources: Hospital/Medical/Infectious
Waste Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: This action finalizes
amendments to the federal plan and the
new source performance standards for
hospital/medical/infectious waste
incinerators. This final action
implements national standards
promulgated in the 2009 amendments to
the hospital/medical/infectious waste
incinerator emissions guidelines that
will result in reductions in emissions of
certain pollutants from all affected
units.
DATES: The effective date of this rule is
June 12, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
Number EPA–HQ–OAR–2011–0405 and
Legacy Docket ID Number A–98–24. The
EPA has established a docket for the
hospital/medical/infectious waste
incinerator (HMIWI) rules under Docket
ID Number EPA–HQ–OAR–2006–0534
and Legacy Docket ID Number A–91–61.
All documents in the docket are listed
in the www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically at www.regulations.gov or
in hard copy at the EPA Docket Center
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Hambrick, Fuels and Incineration
Group, Sector Policies and Programs
Division (E143–05), Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–0964; fax number:
(919) 541–3470; email address:
hambrick.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
I. General Information
A. Does the final action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
II. Background Information
A. What is the regulatory development
background for this final rule?
B. What is the purpose of this final rule?
C. What is the status of state plan
submittals?
D. What are the elements of the amended
HMIWI federal plan?
III. Affected Facilities
A. What is a HMIWI?
B. Does the federal plan apply to me?
C. How do I determine if my HMIWI is
covered by an approved and effective
state plan?
IV. Summary of Changes Since Proposal and
Response to Public Comments
A. State Plans and Negative Declarations
B. Visible Ash Emissions Limitation
C. Initial and Annual HMIWI Unit
Inspection
V. Summary of Final Amendments to HMIWI
Federal Plan
A. What are the final amendments to
applicability?
B. What are the final amendments to the
emissions limits?
C. What are the final amendments to the
waste management plan requirements?
D. What are the final amendments to the
inspection requirements?
E. What are the final amendments to the
performance testing and monitoring
requirements?
F. What are the final amendments to the
recordkeeping and reporting
requirements?
G. What are the final amendments to the
compliance schedule?
H. What are the other final amendments?
VI. Summary of Final Amendments to
HMIWI NSPS
A. What are the final amendments to the
emissions limits?
VII. HMIWI That Have or Will Shutdown
A. Units That Plan To Close Rather Than
Comply
Category
NAICS* code
Industry ...................................................................
622110
B. Inoperable Units
C. HMIWI That Have Shutdown
VIII. Implementation of the Federal Plan and
Delegation
A. Background of Authority
B. Delegation of the Federal Plan and
Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
IX. Title V Operating Permits
A. Title V and Delegation of a Federal Plan
X. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
to Address Environmental Justice (EJ) in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
A redline version of the federal plan
regulatory language that incorporates
the changes in this action is available in
the docket.
I. General Information
A. Does the final action apply to me?
Regulated Entities. If you own or
operate an existing HMIWI and are not
already subject to an EPA-approved and
effective state plan implementing the
October 6, 2009, revised emissions
guidelines (EG), you may be covered by
this final federal plan. Existing HMIWI
are those that commenced construction
on or before December 1, 2008, or
commenced modification on or before
April 6, 2010. In addition, if you own
or operate a new HMIWI, you may be
covered by this final amended new
source performance standard (NSPS).
New HMIWI are those that commenced
construction after December 1, 2008, or
commenced modification after April 6,
2010. Regulated categories and entities
include those listed in the following
table.
Examples of regulated entities
Private hospitals, other health care facilities, commercial research laboratories, commercial waste disposal companies, private universities.
622310
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Category
NAICS* code
Federal Government ..............................................
325411
325412
562213
611310
622110
State/Local/Tribal Government ...............................
541710
928110
622110
28053
Examples of regulated entities
Federal hospitals, other health care facilities, public health service, armed
services.
State/local hospitals, other health care facilities, state/local waste disposal
services, state universities.
562213
611310
* North American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by the final action. To
determine whether your facility will be
affected by this amended final action,
you should examine the applicability
criteria in § 62.14400 of subpart HHH. If
you have any questions regarding the
applicability of the final action to a
particular entity, contact the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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B. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of the final
action will be available on the World
Wide Web (WWW) through the EPA’s
Technology Transfer Network (TTN).
Following signature, a copy of the final
action will be posted on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at the
following address: https://www.epa.gov/
ttn/oarpg/. The TTN provides
information and technology exchange in
various areas of air pollution control.
Additionally in the rule docket, the EPA
will include a redline strikeout version
of the full regulatory text, comparing the
2000 rule text and the today’s final
amended rule text.
C. Judicial Review
Under Clean Air Act (CAA) section
307(b)(1), judicial review of these final
rules is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit (the Court) by July 12, 2013.
Section 307(d)(7)(B) of the CAA further
provides that ‘‘only an objection to this
final rule that was raised with
reasonable specificity during the period
for public comment can be raised during
judicial review.’’ This section also
provides a mechanism for the EPA to
convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to EPA
that it was impracticable to raise such
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objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of this rule.’’ Any person
seeking to make such a demonstration to
the EPA should submit a Petition of
Reconsideration to the Office of the
Administrator, Environmental
Protection Agency, Room 3000, Ariel
Rios Building, 1200 Pennsylvania Ave.
NW., Washington, DC 20004, with a
copy to both of the contacts list in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Council (Mail Code 2344A),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20004. Note under CAA section
307(b)(2), the requirements established
by this final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce these requirements.
II. Background Information
A. What is the regulatory development
background for this final rule?
Section 129 of the CAA requires the
EPA to develop NSPS and EG for ‘‘units
combusting hospital waste, medical
waste and infectious waste.’’ On
September 15, 1997, the EPA
promulgated NSPS for new HMIWI,
codified at 40 CFR part 60 subpart Ec,
and EG for existing HMIWI, codified at
40 CFR part 60 subpart Ce. (See 62 FR
48348.) The NSPS and EG were
designed to reduce air pollution emitted
from these HMIWI, including cadmium
(Cd), carbon monoxide (CO), dioxins/
furans (total, or 2,3,7,8Tetrachlorodibenzo-p-Dioxin toxic
equivalency (TEQ)), hydrogen chloride
(HCl), lead (Pb), mercury (Hg), nitrogen
oxides (NOX), opacity, particulate
matter (PM) and sulfur dioxide (SO2).
The 1997 NSPS applied to HMIWI for
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which construction began after June 20,
1996, and required compliance within 6
months after startup or by March 16,
1998, whichever date was later. The
1997 EG applied to HMIWI for which
construction began on or before June 20,
1996, and required compliance no later
than September 15, 2002.
On March 2, 1999, in Sierra Club v.
EPA, 167 F.3d 658 (DC Cir. 1999), the
Court remanded the rule to the EPA for
further explanation regarding how the
EPA derived the maximum achievable
control technology (MACT) emissions
standards for HMIWI. The Court did not
vacate the regulations and the
regulations remained in effect during
the remand.
On July 6, 1999, the EPA proposed the
federal plan requirements for HMIWI
units constructed on or before June 20,
1996 (64 FR 36426). The federal plan
covered existing HMIWI located in
states that did not have an approved
state plan. Furthermore, the federal plan
implemented and enforced the EG in
Indian country until tribes receive
approval to administer their own
programs. On August 15, 2000, the EPA
promulgated the federal plan
requirements for HMIWI units
constructed on or before June 20, 1996
(65 FR 49868). The 1997 HMIWI rules
were fully implemented by September
2002.
On February 6, 2007, the EPA
proposed a response to the Court’s
remand of HMIWI. (See 72 FR 5510.)
The proposed response would have
revised some of the emissions limits in
the NSPS and EG. In addition to
responding to the Court’s remand, the
EPA also proposed its first 5-year review
of the HMIWI standards. Every 5 years
after adopting a MACT standard under
section 129, CAA section 129(a)(5)
requires the EPA to review and, if
appropriate, revise the incinerator
standards.
On December 1, 2008, the EPA
reproposed its response to the Court’s
remand and 5-year review (73 FR
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72962). The EPA’s decision to repropose
its response to the remand was based on
a number of factors, including further
rulings by the Court that were issued
after the 2007 proposal was published.
In addition, public comments regarding
the 2007 proposal raised issues that,
upon further consideration, the EPA
concluded would best be addressed
through a reproposal. In response to
public comments on the 2008
reproposal, the EPA further revised the
standards and, on October 6, 2009,
published final revisions to the
September 1997 NSPS and EG to
respond to the remand and satisfy the 5year review requirement under CAA
section 129(a)(5) (74 FR 51367). On
April 4, 2011, the EPA promulgated
amendments to the NSPS and EG,
correcting inadvertent drafting errors in
the NOX and SO2 emissions limits for
large HMIWI in the NSPS which did not
correspond to our description of our
standard-setting process; correcting
erroneous cross-references in the
reporting and recordkeeping
requirements in the NSPS, clarifying
that compliance with the EG must be
expeditious if a compliance extension is
granted; correcting the inadvertent
omission of delegation of authority
provisions in the EG; correcting errors
in the units’ description for several
emissions limits in the EG and NSPS;
and removing extraneous text from the
HCl emissions limit for large HMIWI in
the EG (76 FR 18407).
On April 23, 2012, the EPA proposed
amendments to the existing HMIWI
federal plan to implement the amended
EG adopted on October 6, 2009, for
those states that do not have an
approved revised/new state plan
implementing the EG, as amended, in
place by October 6, 2011 (77 FR 24272).
Also on April 23, 2012, the EPA
proposed to amend the NSPS to better
reflect our original intent in the October
6, 2009, final rule in eliminating an
exemption during startup, shutdown
and malfunction (SSM) periods from the
requirement to comply with standards
at all times (77 FR 24272). Today’s
action will finalize the amendments to
the federal plan and NSPS.
B. What is the purpose of this final rule?
Section 129 of the CAA relies upon
states as the preferred implementers of
EG for existing HMIWI. For the EG to be
enforceable, it must be implemented
through either a state plan approved by
the EPA, or through a federal plan
promulgated by notice and comment
rulemaking. To make the HMIWI EG
enforceable in states with existing
HMIWI, states are required to submit
plans that implement and enforce the
amended EG to the EPA within 1 year
of promulgation of the EG. For states
that have existing HMIWI but do not
have an EPA-approved and effective
plan, the EPA must develop and
implement a federal plan within 2 years
following promulgation of the EG. The
federal plan is an interim measure to
ensure that emissions standards are
implemented until states assume their
role as the preferred implementers of
the EG. States without any existing
HMIWI are directed to submit to the
Administrator a letter of negative
declaration certifying that there are no
HMIWI in the state. No plan is required
for states that do not have any HMIWI.
Hospital/medical/infectious waste
incinerators located in states that
mistakenly submit a letter of negative
declaration would be subject to the
federal plan until a state plan becomes
approved and effective covering those
HMIWI.
State plans to implement the EG
adopted on September 15, 1997, are
already in place and the EPA adopted a
HMIWI federal plan on August 15, 2000,
(65 FR 49868) to implement the
September 15, 1997, EG for those
HMIWI not covered by an approved
state plan. Revised or new state plans to
implement the amended EG adopted on
October 6, 2009, from 8 states are final
or currently undergoing EPA review to
become final. The deadline for
submitting revised/new state plans for
EPA review was October 6, 2010. The
EPA strongly encourages states that are
unable to submit approvable revised/
new plans to request delegation of the
amended federal. The EPA has not
received state plans or negative
declarations from 25 states and or
territories. Eight states and or territories
have indicated they intend to accept
delegation of the federal plan.
Today’s action finalizes amendments
to the HMIWI federal plan to implement
the amended EG adopted on October 6,
2009, for those states that did not have
an approved revised/new state plan in
place by October 6, 2011. Sections 111
and 129 of the CAA and 40 CFR 60.27(c)
and (d) require the EPA to develop,
implement and enforce a federal plan to
cover existing HMIWI located in states
that do not have an approved plan
within 2 years after promulgation of the
EG (by October 6, 2011). The EPA is
finalizing amendments to the HMIWI
federal plan now so that a promulgated
federal plan will go into place for any
such states, and thus ensuring
implementation and enforcement of the
amended HMIWI EG.
The amended EG adopted on October
6, 2009, required improvements in
performance for 50 of the then operating
57 units.1 Incineration of hospital/
medical/infectious waste causes the
release of a wide array of air pollutants,
some of which exist in the waste feed
material and are released unchanged
during combustion, and some of which
are generated as a result of the
combustion process itself. The EPA
estimated a total emissions reduction of
393,000 pounds per year of the
regulated pollutants from the 2009 EG,
of which acid gases (i.e., HCl and SO2)
comprise about 62 percent, PM about
0.8 percent, CO about 0.3 percent, NOX
about 37 percent, and metals (i.e., Pb,
Cd and Hg) and dioxins/furans about 0.2
percent. The EPA also estimated that air
pollution control devices that would be
installed to comply with the 2009 rule
would also effectively reduce emissions
of pollutants such as polycyclic organic
matter (POM) and polychlorinated
biphenyls (PCBs). The 2009 final rule’s
revised waste management plan
provisions encourage segregation of
types of waste that lead to reductions in
emissions, such as chlorinated plastics
and PCB-containing wastes.
C. What is the status of state plan
submittals?
Sections 111(d) and 129(b)(3) of the
CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(3), authorize the EPA to
develop and implement a federal plan
for HMIWI located in states with no
approved and effective state plan. The
status of the state plans are outlined in
the below table.
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STATUS OF STATE PLANS
Status
States
I. States with EPA-approved state plans ............
1 See 74 FR 51371–51375, 51396–51399, and
51399–51400 to reference the regulatory
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Florida; Illinois; Indiana; West Virginia.
background, summary of final rule changes, and
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impacts of the amended EG adopted on October 6,
2009.
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STATUS OF STATE PLANS—Continued
Status
States
II. Anticipated states to submit negative declarations to the EPA.
III. Negative declaration submitted/EPA approved.
IV. Final state plans submitted to the EPA ........
V. Draft state plans submitted to the EPA.
VI. States for which the EPA has not received a
draft or final plan or negative declaration.
VII. Anticipated states to accept delegation of
federal plan.
Connecticut; Michigan; Wisconsin.
Alabama; Jefferson County (Birmingham), Alabama; Arkansas; Delaware; District of Columbia;
Iowa; Kentucky; Jefferson County (Louisville), Kentucky; Louisiana; Maine; Massachusetts;
New Hampshire; New York; Forsyth County (Winston-Salem), North Carolina; Buncombe
County (Asheville), North Carolina; Philadelphia County, Pennsylvania; Puerto Rico; Rhode
Island; South Carolina; Vermont; Virginia.
Maryland; Missouri; North Carolina; North Dakota.
Huntsville, Alabama; Alaska, American Samoa; Arizona; Maricopa County, Arizona; Pima
County, Arizona; Pinal County, Arizona; California; Colorado; Georgia; Guam; Hawaii; Kansas; Mississippi; Montana; Nebraska; Nevada; City of Albuquerque, New Mexico; New Mexico; Mecklenburg County (Charlotte), North Carolina; Ohio; Oklahoma; South Dakota; Tennessee; Texas; Utah; Wyoming.
Idaho; Minnesota; New Jersey; Oregon; Pennsylvania; Allegheny County, Pennsylvania; Virgin
Islands; Washington.
approvals on the TTN Air Toxics Web
site at https://www.epa.gov/ttn/atw/129/
hmiwi/rihmiwi.html. The list will help
HMIWI owners or operators determine
whether their HMIWI is affected by a
state plan or the federal plan.
Owners and operators of HMIWI can
also contact the EPA Regional Office for
the state in which their HMIWI is
located to determine whether there is an
The above list shows which states
have an EPA approved state plan in
effect by the date of signature of this
notice. As Regional Offices approve
state plans, they will also, in the same
action, amend the appropriate subpart
of 40 CFR part 62 to codify their
approvals.
The EPA will maintain a list of
revised/new state plan submittals and
approved and effective revised/new
state plan in place. The following table
lists the names, email addresses and
telephone numbers of the EPA Regional
Office contacts and the states and
protectorates that they cover.
REGIONAL OFFICE CONTACTS
Region
Regional contact
Region I ..........
Patrick Bird, bird.patrick@epa.gov ...........................
(617) 918–1287
Region II .........
Region III ........
Ted Gardella, gardella.anthony@epa.gov ................
Mike Gordon, gordon.mike@epa.gov .......................
(212) 637–3892
(215) 814–2039
Region IV ........
Stan Kukier, Kukier.stan@epa.gov ...........................
(404) 562–9046
Region V .........
Margaret Sieffert, sieffert.margaret@epa.gov ..........
(312) 353–1151
Region VI ........
Steve Thompson, thompson.steve@epa.gov ...........
(214) 665–2769
Region VII .......
Region VIII ......
Lisa Hanlon, hanlon.lisa@epa.gov ...........................
Kendra Morrison, Morrison.kendra@epa.gov ...........
(913) 551–7599
(303) 312–6145
Region IX ........
Joseph Lapka, lapka.joseph@epa.gov .....................
(415) 947–4226
Region X .........
Heather Valdez, valdez.heather@epa.gov ...............
(206) 553–6220
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D. What are the elements of the
amended HMIWI Federal Plan?
Section 111(d) and 129 of the CAA, as
amended, 42 U.S.C. 7411(d) and
7429(b)(2), require states to develop and
implement state plans for HMIWI to
implement and enforce the promulgated
EG. Subparts B and Ce of 40 CFR part
60 require states to submit state plans
that include specified elements. Because
this federal plan is being adopted in lieu
of state plans, it includes the same
essential elements: (1) Identification of
legal authority and mechanisms for
implementation; (2) inventory of
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Phone
States and protectorates
Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont.
New York, New Jersey, Puerto Rico, Virgin Islands.
Virginia, Delaware, District of Columbia, Maryland,
Pennsylvania, West Virginia.
Florida, Georgia, North Carolina, Alabama, Kentucky, Mississippi, South Carolina, Tennessee.
Minnesota, Wisconsin, Illinois, Indiana, Michigan,
Ohio.
Arkansas, Louisiana, New Mexico, Oklahoma,
Texas.
Iowa, Kansas, Missouri, Nebraska.
Colorado, Montana, North Dakota, South Dakota,
Utah, Wyoming.
Arizona, California, Hawaii, Nevada, American
Samoa, Guam, Northern Mariana Islands.
Alaska, Idaho, Oregon, Washington.
HMIWI; (3) emissions inventory; (4)
emissions limits; (5) compliance
schedules; (6) public hearing; (7) testing,
monitoring, recordkeeping and
reporting; (8) waste management plan;
(9) operator training and qualification;
and (10) progress reporting. See 40 CFR
part 62, subparts HHH and sections 111
and 129 of the CAA. Each element was
discussed in detail as it relates to the
federal plan in the preamble of the
proposed rule (77 FR 24272). The EPA
received a total of five public comments
suggesting corrections to which states
submitted state plans or negative
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declarations and regulatory text edits
regarding visible emissions and annual
inspections. A summary of these
comments and the EPA’s responses is
presented in section IV. ‘‘Summary of
Changes Since Proposal and Response
to Public Comments’’ of this preamble.
III. Affected Facilities
A. What is a HMIWI?
The term ‘‘HMIWI’’ means any device
that combusts any amount of hospital
waste and/or medical/infectious waste,
as defined in 40 CFR part 62, subpart
HHH. Six types of combustion units,
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which are listed in § 62.14400 of subpart
HHH, are conditionally exempt from
specific provisions of the currently
promulgated 2000 federal plan and
would continue to be so under today’s
final amended federal plan.
B. Does the federal plan apply to me?
Today’s final amended federal plan
will apply to you if you are the owner
or operator of a combustion device that
combusts hospital waste and/or
medical/infectious waste (as defined in
subpart HHH) and the device is not
covered by an approved and effective
state plan as of October 6, 2011. The
federal plan will cover your HMIWI
until the EPA approves a state plan that
covers your HMIWI and that plan
becomes effective.
If you began the construction of your
HMIWI on or before December 1, 2008,
or began modification of your HMIWI
on or before April 6, 2010, it is
considered an existing HMIWI and
could be subject to the federal plan. If
you began the construction of your
HMIWI after December 1, 2008, or began
modification of your HMIWI after April
6, 2010, it is considered a new HMIWI
and subject to the NSPS.
Your existing HMIWI will be subject
to this federal plan if, on the effective
date of the amended federal plan, the
EPA has not approved the revised/new
state plan implementing the amended
EG that covers your unit or the EPAapproved state plan has not become
effective. The specific applicability of
the currently promulgated federal plan
is described in 40 CFR 62.14400 through
62.14403 of subpart HHH, and
continues to apply, as amended, under
the final revised federal plan. The
amended federal plan will become
effective 30 days after final
promulgation of these amendments.
Once an approved revised/new state
plan is in effect, the final amended
federal plan will no longer apply to
HMIWI covered by such plan. An
approved state plan is a plan developed
by a state that the EPA has reviewed and
approved based on the requirements in
40 CFR part 60, subpart B, to implement
and enforce 40 CFR part 60, subpart Ce.
The state plan is effective on the date
specified in the notice published in the
Federal Register announcing the EPA’s
approval of the plan. Today’s
promulgation of an amended HMIWI
federal plan will not preclude states
from submitting a plan or seeking
delegation of the federal plan. If a state
submits a plan after the promulgation of
amendments to the HMIWI federal plan,
the EPA will review and approve or
disapprove the state plan. If the EPA
approves a plan, then the amended
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HMIWI federal plan will no longer
apply to HMIWI covered by the state
plan as of the effective date of the state
plan. If a HMIWI were overlooked by a
state and the state submitted a negative
declaration letter, or if an individual
HMIWI were not covered by an
approved and effective state plan, the
HMIWI will be subject to this final
amended federal plan. If a state or tribe
intends to take delegation of the
amended federal plan, the state or tribe
should submit to the appropriate EPA
Regional Office a written request for
delegation of authority as described in
section VIII. B. ‘‘Delegation of the
Federal Plan and Retained Authorities’’.
C. How do I determine if my HMIWI is
covered by an approved and effective
state plan?
Part 62 of Title 40 of the CFR
identifies the status of approval and
promulgation of section 111(d) and
section 129 state plans for designated
facilities in each state. However, part 62
is updated only once per year. Thus, if
part 62 does not indicate that your state
has an approved and effective plan, you
should contact your state environmental
agency’s air director or your EPA
Regional Office (see table in section II.C
of this preamble) to determine if
approval occurred since publication of
the most recent version of part 62.
IV. Summary of Changes Since
Proposal and Response to Public
Comments
Today’s rules will be finalized as
proposed except in several areas that
were revised for further clarification as
a result of public comments received.
Furthermore, although the EPA did not
receive adverse comments on the
schedule for sources to show they have
met increments of progress, the EPA has
adjusted the schedule to account for the
timeframe of signature of this federal
plan and not impose any deadlines
retroactively. The EPA received a total
of five public comments on the
proposed amended federal plan
rulemaking, one of which was also
inadvertently duplicated and submitted
to the NSPS docket. No public hearing
was requested, and therefore, none was
held. After consideration of all the
public comments received and due to
the extended timeframe for finalizing
the rule, the EPA is making several
changes to the amended federal plan.
The following section is a summary of
the public comments received, our
responses and rationale for the changes
made. All of the public comments are
located in the respective dockets, which
can be accessed by following the
instructions outlined in the ADDRESSES
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section of this preamble. Additional
discussion on the revisions to the
schedule for increments of progress can
be found in section V.G. of this
preamble.
A. State Plans and Negative
Declarations
Comment: A number of commenters
identified inadvertent mistakes in the
table outlining the status of the state
plan submittals at proposal.
Specifically, commenters identified that
the state of Alabama did submit to the
EPA a formal letter of negative
declaration declaring that no HMIWI
unit is located within the boundaries of
the state. Additionally, commenters
identified that the states of Missouri and
North Carolina did in fact obtain state
plan approval from the EPA.
Commenters further clarified that the
state of Alaska withdrew their letter of
negative declaration submitted to the
EPA in 2012.
Response: The EPA agrees with the
commenters and has corrected the status
of their state submittals in section II. C.
of this final preamble. The EPA will
maintain a list of revised/new state plan
submittals and approvals on the TTN
Air Toxics Web site at https://
www.epa.gov/ttn/atw/129/hmiwi/
rihmiwi.html.
B. Visible Ash Emissions Limitation
Comment: One commenter
highlighted that proposed section
62.14412(b) requires all HMIWI to not
discharge visible emissions of
combustion ash from an ash conveying
system to the atmosphere in excess of 5
percent of the observation period. The
commenter further identified that the
2009 EG, by referencing the NSPS, only
establishes a visible emissions standard
for combustion ash from an ash
conveying system for those sources
defined in section 60.50c(a)(1) and (a)(2)
(large HMIWI for which construction
commenced between June 20, 1996, and
December 1, 2008, or which
modification commenced between
March 16, 1998, and April 6, 2010), and
60.50c(a)(3) and (4) (i.e., those HMIWI
subject to the NSPS for which
construction commenced after
December 1, 2008, or for which
modification commenced after April 6,
2010). Existing sources, regulated under
the EG and as defined in section
60.32e(a)(1) (HMIWI which construction
was commenced on or before June 20,
1996, or for which modification was
commenced on or before March 16,
1998), are not required to meet a visible
emission standard for combustion ash
from an ash conveying system. The
commenter requests that the EPA
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update the amendatory text by deleting
section 62.14412(b) so that the final
federal plan reflects the EG.
Response: The EPA agrees with the
commenter’s interpretation of proposed
section 62.14412(b) and the 2009 EG.
Under the 1997 NSPS in section
60.52c(c), new large HMIWI were
subject to a 5 percent visible emissions
limit for fugitive emissions generated
during ash handling. To demonstrate
compliance with this emissions limit,
new large HMIWI were required under
section 60.56c(b)(12) to conduct annual
performance tests for fugitive emissions
from ash handling using EPA Method
22. The 1997 EG, in sections 60.37e(a)
and (b), did not apply this 5 percent
visible emissions limit requirement to
existing HMIWI. As the commenter
points out, existing sources, as regulated
under the 2009 EG and defined in
section 60.32e(a)(1), are not required to
meet a visible emission standard for
combustion ash from an ash conveying
system. However, in the 2009
amendments to the EG in sections
60.37e(a)(2) and (b)(2), the EPA did not
carry forward the exclusion of the
minimal testing requirement to the other
HMIWI that became subject to the
amended emission standards. The EPA
explained the reasoning for this in the
preambles to the 2007 proposal and
2008 re-proposed EG stating that the
testing provision was selected to
provide additional assurance that
sources continue to operate at the levels
established during their first
performance test. Existing HMIWI will
be required to measure fugitive ash
emissions during their next performance
test. Specifically, sections 60.37e(a)(2)
and 60.37e(b)(2) of the 2009 EG provide
that facilities defined in section
60.32e(a)(1) and (a)(2) subject to the
emissions limits in section 60.33e(a)(2),
60.33e(a)(3) and 60.33e(b)(2) would no
longer be excluded from the
requirement for a one-time fugitive
emissions test as listed in section
60.56c(b)(14) of subpart Ec. In order for
the final amended federal plan to be
consistent with the 2009 EG, the EPA is
revising section 62.14412(b) in the
amendatory regulatory text to clarify
that the visible emissions limit only
applies to HMIWI as defined in
§ 62.14400(a)(2)(ii) and utilizing a large
HMIWI. Facilities that were already
subject to the visible emissions ash
handling standard as new sources under
the 1998 NSPS, but which are treated as
existing sources under the 2009 EG,
remain subject to the limit.
C. Initial and Annual HMIWI Unit
Inspection
Comment: One commenter pointed
out that section 62.14440(a) and
62.14441(a) and (b) only address initial
and annual HMIWI inspection
requirements for small rural HMIWI;
however section 60.36e(a) (EG) requires
each affected source under sections
60.33e(a)(2) and (a)(3) to undergo
equipment inspections. Furthermore,
the commenter stated that section
62.14463(a)(13) requires records be
reported of the annual air pollution
control device inspections, any required
maintenance and any repairs not
completed within 10 days of an
inspection of the time frame established
by the EPA Administrator, or delegated
enforcement authority. The commenter
requests that the EPA revise the
amendatory text so that the HMIWI
inspection monitoring, recordkeeping
and reporting requirements are
consistent within 40 CFR part 62
subpart HHH and reflect the intent of 40
CFR part 60 subpart Ce.
Response: The EPA agrees with the
commenter’s interpretation that the
proposed section 62.14440(a) and
62.1441(a) and (b) only address initial
and annual HMIWI inspection
requirements for small rural HMIWI and
this is inconsistent with what is
reflected in the EG at 60.36e. The EG
requires each affected source subject to
emissions limitations under sections
60.33e(b), 60.33e(a)(2) and 60.33e(a)(3)
to undergo HMIWI equipment and air
pollution control device inspections.
The EPA has made minor revisions to
sections 62.14440, 62.14441 and
62.14463 in order to clarify that all units
are required to conduct initial and
annual HMIWI equipment and air
pollution control device inspections and
the inspections must be documented in
a record and reported to the agency. The
recordkeeping and reporting
requirements include documenting and
submitting to the Administrator or the
delegated authority any required
maintenance and any repairs not
completed within 10 days of an
inspection. These revisions to the
amended federal plan will ensure
consistency with the 2009 EG.
V. Summary of Final Amendments to
HMIWI Federal Plan
A summary of each amended plan
element of the final amended federal
plan is described below. The table
below lists each amended element and
identifies where it is located or codified.
Element of the HMIWI federal plan
Location
Legal authority and enforcement mechanism ..........................................
Inventory of affected HMIWI units ............................................................
Inventory of emissions ..............................................................................
Emissions limits ........................................................................................
Compliance schedules .............................................................................
Operator training and qualification ...........................................................
Waste management plan .........................................................................
Record of public hearings ........................................................................
Testing, monitoring, recordkeeping and reporting ...................................
Progress reports .......................................................................................
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A. What are the final amendments to
applicability?
Today’s action finalizes the
amendments to applicability as
proposed. The amended federal plan
reflects new dates defining what are
‘‘existing’’ and ‘‘new’’ sources for
purposes of the revised 2009 NSPS and
EG. All HMIWI that complied with the
1997 EG (i.e., those units for which
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Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA.
Docket EPA–HQ–OAR–2011–0405.
Docket EPA–HQ–OAR–2011–0405.
40 CFR 62.14410–62.14413.
40 CFR 62.14470–62.14472.
40 CFR 62.14420–62.14425.
40 CFR 62.14430–62.14432.
Docket EPA–HQ–OAR–2011–0405.
40 CFR 62.14440–62.14465.
Section V.G. of this preamble.
construction commenced on or before
June 20, 1996, or for which modification
commenced on or before March 16,
1998) are still considered ‘‘existing’’
sources under the 2009 amended EG
and are required to meet the emissions
limits by the applicable compliance date
for the amended EG. All HMIWI that
complied with the 1997 NSPS (i.e.,
those units for which construction
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commenced after June 20, 1996, but no
later than December 1, 2008, or for
which modification commenced after
March 16, 1998, but no later than April
6, 2010) are also considered ‘‘existing’’
sources under the amended EG. Those
HMIWI are required to meet the
emissions limits under the amended EG
by the applicable compliance date for
the amended EG, except where the
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corresponding 1997 NSPS is more
stringent, in which case those HMIWI
are to continue to comply with the 1997
NSPS. In the interim, those 1997 NSPS
sources that must meet the amended EG
must continue to be subject to the NSPS
as promulgated in 1997 until the date
for compliance with the revised EG.
Those units for which construction
commenced after the December 1, 2008,
HMIWI proposal, or for which
modification commenced on or after
April 6, 2010, are considered ‘‘new’’
units subject to more stringent revised
NSPS emissions limits.
tkelley on DSK3SPTVN1PROD with RULES2
B. What are the final amendments to the
emissions limits?
Today’s action finalizes the revised
emissions limits as proposed. The
revised emissions limits mirror the 2009
EG emissions limits which respond to a
Court remand of the 1997 regulations
and satisfies the 5-year review
requirement under CAA section
129(a)(5).
Today’s final action removes the SSM
exemption from the 2000 federal plan at
40 CFR 62.14413, and finalizes that the
emissions limits apply at all times, for
the same reasons as outlined in the 2009
EG at 74 FR 51375. Additionally,
today’s action finalizes two 1997 NSPS
emissions limits that are more stringent
than the corresponding 2009 amended
EG limits. As specified in the 2009
amended EG, those HMIWI that
previously complied with the 1997
NSPS and are now considered existing
units, would have to continue to comply
with the more stringent 1997 NSPS
limits. Furthermore, as promulgated in
the 2009 amendments to the EG, this
final amended federal plan requires that
HMIWI as defined in sections 62.14400
conduct a one-time initial ash handling
fugitive emissions test using EPA
Method 22 to provide additional
assurance that sources continue to
operate at the levels established during
their initial performance test.
Furthermore, units as defined in
§ 62.14400(a)(2)(ii) and utilizing a large
HMIWI are additionally required to
demonstrate compliance with a 5
percent visible emissions limit for
fugitive emissions and test annually
using EPA Method 22. Lastly, as
clarified in the 2009 amendments to the
EG, the EPA added additional columns
to the emissions limits table in the
HMIWI federal plan to include
averaging times and EPA reference test
methods.
Table 1 of this preamble summarizes
the amended EG emissions limits in
today’s final rule.
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TABLE 1—SUMMARY OF EG EMISSIONS LIMITS PROMULGATED IN RESPONSE TO THE REMAND FOR EXISTING HMIWI 3
Pollutant (units)
Unit size 1
HCl (ppmv) ..........
L ................
M ...............
S ................
SR .............
L ................
M ...............
S, SR .........
L ................
M ...............
S ................
SR .............
L ................
M ...............
S ................
SR .............
L ................
M ...............
S ................
SR .............
L ................
M ...............
S ................
SR .............
L ................
CO (ppmv) ..........
Pb (mg/dscm) .....
Cd (mg/dscm) .....
Hg (mg/dscm) .....
PM (gr/dscf) ........
Dioxins/furans,
total (ng/dscm).
Dioxins/furans,
TEQ (ng/dscm).
NOX (ppmv) ........
SO2 (ppmv) .........
Opacity (%) .........
D. What are the final amendments to the
inspection requirements?
Today’s action finalizes additional
Final limit 2
rule language that clarify inspection
requirements that all units are required
6.6
to conduct HMIWI equipment and air
7.7
pollution control device inspections.
44
810
The rule requires that an initial
11
inspection be conducted, and, starting 1
5.5
year after that initial inspection, annual
20
inspections must be completed,
0.036
documented in a record, and reported to
0.018
the agency. The recordkeeping and
0.31
reporting requirements include
0.50
0.0092 documenting and submitting to the
Administrator or the delegated authority
0.013
0.017
any required maintenance and any
0.11
repairs not completed within 10 days of
0.018
an inspection. These provisions reflect
0.025
the amended 2009 EG.
0.014
0.0051
0.011
0.020
0.029
0.038
9.3
M ...............
S ................
SR .............
L ................
0.85
16
240
0.054
M ...............
S ................
SR .............
L ................
M, S ...........
SR .............
L ................
M, S ...........
SR .............
L, M, S, SR
0.020
0.013
5.1
140
190
130
9.0
4.2
55
6.0
1 L = Large (>500 lb/hr of waste); M = Medium (>200 to ≤500 lb/hr of waste); S = Small
(≤200 lb/hr of waste); SR = Small rural (small
HMIWI >50 miles from boundary of nearest
SMSA, burning <2,000 lb/wk of waste).
2 All emissions limits are reported as corrected to 7 percent oxygen.
3 The 2009 EG requires that the emissions
limits as listed above in Table 1, regardless of
a SSM event, be met at all times. However, in
one provision of the NSPS, section
60.56c(d)(2), the EPA inadvertently failed to
delete a SSM exemption we had intended to
eliminate, and to better reflect the EPA’s intent
in the 2009 final rule, today’s final action also
amends that section of the NSPS to remove
the accidentally retained SSM exemption.
Please see section VI of this preamble.
C. What are the final amendments to the
waste management plan requirements?
Today’s action finalizes the waste
management plan as proposed. The
amended federal plan’s waste
management plan provisions reflect the
2009 EG to promote the segregation of
chlorinated plastics and PCB-containing
wastes and specify that commercial
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facilities train and educate their clients
to conduct their own waste segregation.
E. What are the final amendments to the
performance testing and monitoring
requirements?
Today’s action finalizes the testing
and monitoring requirements as
proposed.
1. Performance Testing
First, today’s final amended federal
plan requires that all HMIWI, including
small rural units, conduct initial
performance tests for all nine pollutants
and opacity to demonstrate initial
compliance with the revised emissions
limits and conduct annual performance
tests on Co, HCl, opacity and PM. The
amended federal plan allows for less
frequent testing if the facility
demonstrates that it is in compliance
with the emissions limits for three
consecutive performance tests.
Second, today’s final amended federal
plan requires existing HMIWI to
conduct a test to assess fugitive ash
emissions during their next performance
test to provide additional assurance that
sources continue to operate at the levels
established during their initial
performance test. Hospital/Medical/
Infectious Waste Incinerators as defined
in section 62.14400(a)(2)(ii) and
utilizing a large HMIWI are additionally
required to meet this provision annually
in order to demonstrate compliance
with the 5 percent visible emissions
limit.
Third, today’s final amended federal
plan allows sources to use results of
their previous emissions tests to
demonstrate initial compliance with the
revised emissions limits as long as the
sources certify that the previous test
results are representative of current
operations. Only those sources who
could not certify and/or whose previous
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emissions tests do not demonstrate
compliance with one or more revised
emissions limits would be required to
conduct another emissions test for those
pollutants. (Note that most sources were
already required under the 1997 EG to
test for CO, HCl, opacity and PM on an
annual basis and those annual tests are
still required.)
Fourth, today’s final amended federal
plan incorporates by reference two
alternatives to EPA reference test
methods, American Society of
Mechanical Engineers (ASME) PTC
19.10–1981 and American Society for
Testing and Materials International
(ASTM) D6784–02)), discussed further
in section X.I. titled, ‘‘National
Technology Transfer and Advancement
Act (NTTAA),’’ of this preamble.
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2. Monitoring
Today’s final amended federal plan
retains previous parameter monitoring
requirements and, as proposed, adds a
parameter requirement for those HMIWI
expected to install selective noncatalytic
reduction (SNCR) systems in order to
comply with the more stringent NOX
emissions limits. Those HMIWI
installing SNCR technology to comply
with the NOX emissions limit are
required to continuously monitor the
charge rate, secondary chamber
temperature and reagent (e.g., ammonia
or urea) flow rate. Further, although
existing HMIWI equipped with fabric
filters (FFs) are not required to install
bag leak detectors, use of bag leak
detectors is an option for these HMIWI.
Although HMIWI units are not
required to use CO, HCl, PM, Hg or
multi-metal continuous emissions
monitoring systems (CEMS) or sorbent
trap biweekly Hg and dioxin/furan
monitoring systems, such systems are
considered alternative monitoring
requirements in lieu of annual testing
for all sources.
3. Electronic Data Submittal
Today’s action finalizes the electronic
data submittal requirements as
proposed. The EPA is taking a step to
increase the ease and efficiency of data
submittal and data accessibility.
Hospital/Medical/Infectious Waste
Incinerator facilities have the option of
submitting to the EPA electronic
database an electronic copy of annual
stack test reports. Hard-copy paper
reporting will remain as an available
option for HMIWI facilities.
As stated in the proposed preamble,
should facilities choose the option of
electronic data submittal, the data will
be collected through an electronic
emissions test report structure called the
Electronic Reporting Tool (ERT). The
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ERT will generate an electronic report
which will be submitted to the EPA’s
Central Data Exchange (CDX) through
the Compliance and Emissions Data
Reporting Interface (CEDRI). A
description of the ERT can be found at:
https://www.epa.gov/ttn/chief/ert/
index.html and CEDRI can be accessed
through the CDX Web site:
(www.epa.gov/cdx).
The option to submit performance test
data electronically to the EPA does not
create any additional performance
testing requirements and will only be an
option for those performance tests
conducted using test methods that are
supported by the ERT. A listing of the
pollutants and test methods supported
by the ERT is available at the previously
mentioned ERT Web site. The EPA
believes, through this flexible approach,
industry will save time in the
performance test submittal process.
Should HMIWI choose the electronic
reporting option, the industry will
benefit by cutting back on
recordkeeping costs as the performance
test reports that are submitted to the
EPA using CEDRI are no longer required
to be kept on-site.
As mentioned in the proposed
preamble, state, local and tribal agencies
will benefit from more streamlined and
accurate review of electronic data that
will be available on the EPA WebFIRE
database (https://cfpub.epa.gov/webfire/).
Additionally performance test data will
become available to the public through
WebFIRE. Having such data publicly
available enhances transparency and
accountability. The major advantages of
electronic reporting are more fully
explained in the preamble to the
proposed rule (77 FR 24272).
In summary, in addition to supporting
regulation development, control strategy
development and other air pollution
control activities, having an option of an
electronic database populated with
performance test data will save
industry, state, local, tribal agencies and
the EPA significant time, money and
effort while improving the quality of
emission inventories and the data used
in developing air quality regulations.
F. What are the final amendments to
recordkeeping and reporting
requirements?
Today’s action finalizes the
recordkeeping and reporting
requirements as proposed and clarifies
which records and reports are
associated with unit and air pollution
control device inspections.
1. Recordkeeping
Today’s final amended federal plan
adds the requirement that owners and
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28059
operators must maintain records of the
amount and type of NOX reagent used,
records of the annual unit and air
pollution control device inspections
(including any maintenance), and a
description, included with each test
report, of how operating parameters
were established during the initial
performance test and re-established
during subsequent performance tests.
2. Reporting
Today’s final amended federal plan
adds requirements for existing HMIWI
to submit, along with each test report,
a description of how operating
parameters were established or reestablished and submit records of
annual air pollution control device
inspections (including any
maintenance).
G. What are the final amendments to the
compliance schedule?
Today’s action finalizes the
compliance schedule with revisions to
the proposed schedule. Today’s final
revised federal plan requires owners or
operators of HMIWI to either: (1) Come
into compliance with the plan within 1
year after the plan is promulgated; or (2)
meet increments of progress and come
into compliance by October 6, 2014.
This final amended federal plan,
includes as its compliance schedule the
same five increments of progress from
40 CFR 62.14470(b)(2), along with
defined and enforceable dates for
completion of each increment.
The EPA has determined it necessary
to adjust the schedule for the
increments of progress to account for
the timeframe of promulgation of this
federal plan and to avoid retroactive
application of any of the increment
deadlines. The proposed rule would
have set forth the first two increments
of progress deadline on October 6, 2012,
and May 6, 2013, respectively. Since
this federal plan will be finalized after
the October 6, 2012 date, the EPA
revised the schedule for the first two
incremental deadlines. The EPA has set
the first and second incremental date to
be 3 and 7 months following publication
of this federal plan. The EPA developed
this schedule using EPA guidance
drafted for enabling states to draft state
plans and set increments of progress.
The 2010 State Implementation
Guidance Document is available in this
rulemaking docket and through the
EPA’s TTN.
The HMIWI owner or operator is
responsible for meeting each of the five
increments of progress for each HMIWI
no later than the applicable compliance
date. The owner or operator must notify
the EPA as each increment of progress
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is achieved, as well as when any is
missed. The notification must identify
the increment and the date the
increment is achieved (or missed). If an
owner or operator misses an increment
deadline, the owner or operator must
also notify the EPA when the increment
is finally achieved. The owner or
operator must mail the notification to
the applicable EPA Regional Office
within 10 business days after the
increment date defined in the amended
federal plan. (See the table under
section II.C. of this document for a list
of Regional Offices.)
The definition of each increment of
progress, along with its required
completion date, follows.
Submit Final Control Plan. To meet
this increment, the owner or operator of
each HMIWI must submit a plan that
describes, at a minimum, the air
pollution control device and/or process
changes that will be employed so that
each HMIWI complies with the
emissions limits and other
requirements. A final control plan is not
required for units that will be
shutdown.
Completion Date: August 13, 2013.
Award Contract. To award a contract
means the HMIWI owner or operator
enters into legally binding agreements
or contractual obligations that cannot be
canceled or modified without
substantial financial loss to the owner or
operator. The EPA anticipates that the
owner or operator may award a number
of contracts to complete the retrofit. To
meet this increment of progress, the
HMIWI owner or operator must award a
contract or contracts to initiate on-site
construction, to initiate on-site
installation of air pollution control
devices, and/or to incorporate process
changes. The owner or operator must
mail a copy of the signed contract(s) to
the EPA within 10 business days of
entering the contract(s).
Completion Date: December 13, 2013.
Begin On-site Construction. To begin
on-site construction, installation of air
pollution control devices or process
change means to begin any of the
following:
(1) Installation of an air pollution
control device in order to comply with
the final emissions limits as outlined in
the final control plan;
(2) Physical preparation necessary for
the installation of an air pollution
control device in order to comply with
the final emissions limits as outlined in
the final control plan;
(3) Alteration of an existing air
pollution control device in order to
comply with the final emissions limits
as outlined in the final control plan;
(4) Alteration of the waste combustion
process to accommodate installation of
an air pollution control device in order
to comply with the final emissions
limits as outlined in the final control
plan; or
(5) Process changes identified in the
final control plan in order to meet the
emissions standards.
Completion Date: January 6, 2014.
Complete On-site Construction. To
complete on-site construction means
that all necessary air pollution control
devices or process changes identified in
the final control plan are in place, onsite and ready for operation on the
HMIWI.
Completion Date: August 6, 2014.
Final Compliance. To be in final
compliance means to incorporate all
process changes or complete retrofit
construction in accordance with the
final control plan and to connect the air
pollution control equipment or process
changes such that, if the HMIWI is
brought online, all necessary process
changes or air pollution control
equipment will operate as designed.
Completion Date: October 6, 2014.
If a HMIWI does not achieve final
compliance by October 6, 2014, the final
amended federal plan, requires the
HMIWI to shutdown by October 6, 2014,
complete the retrofit while not operating
and be in compliance upon restarting.
Shutdown is necessary in order to avoid
being out of compliance and subject to
possible enforcement action.
H. What are the other final
amendments?
Today’s action finalizes certain other
amendments as proposed, including
amending and adding definitions for
further clarification and updating toxic
equivalency factors (TEF).
1. Definitions
Today’s final action includes the
following definitions:
• ‘‘Minimum secondary chamber
temperature’’;
• ‘‘Modification or modified HMIWI’’;
• ‘‘Bag leak detection system’’;
• ‘‘Commercial HMIWI’’; and
• ‘‘Minimum reagent flow rate.’’
2. Toxicity Equivalence Factors
Today’s final amended federal plan
incorporates the latest revisions to the
TEFs as listed in amended Table 2 to
subpart HHH in today’s action. These
revisions are a result of the January 6,
2011, Federal Register notice, where the
EPA announced the availability of the
final ‘‘Recommended Toxicity
Equivalence Factors (TEFs) for Human
Health Risk Assessments of 2,3,7,8Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds’’ (EPA/100/R–
10/005).
The revised methodology includes the
following changes to TEFs that HMIWI
would use to determine compliance
with the HMIWI dioxin/furan TEQ
emissions limits:
Toxicity equivalency factors
Dioxin/furan congener
1997 EG/2000 federal plan
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1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ............................................................................................
Octachlorinated dibenzo-p-dioxin ............................................................................................................
2,3,4,7,8-pentachlorinated dibenzofuran .................................................................................................
1,2,3,7,8-pentachlorinated dibenzofuran .................................................................................................
Octachlorinated dibenzofuran ..................................................................................................................
VI. Summary of Final Amendments to
HMIWI NSPS
A. What are the final amendments to
the emissions limits?
Today’s action finalizes the NSPS
amendments as proposed. The final
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amendment to the HMIWI NSPS
removes section 60.56c(d)(2) of subpart
Ec which excluded HMIWI units from
having to comply with standards during
periods of SSM provided that no
hospital waste or medical/infectious
waste was being charged to the unit
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0.001
0.5
0.05
0.001
Today’s proposed
amendments to
federal plan
1
0.0003
0.3
0.03
0.0003
during those SSM periods. The EPA
inadvertently failed to delete the SSM
exemption we had intended to eliminate
in the 2009 NSPS. The 2009 EG and
NSPS requires that the emissions limits,
regardless of a SSM event, be met at all
times. To better reflect the EPA’s intent
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in the 2009 final rule, today’s final
action also amends that section of the
NSPS to remove the accidentally
retained SSM exemption.
This action is necessary to make the
NSPS continuously applicable, as
required under CAA section 302(k) and
under the Court’s 2008 Sierra Club v.
EPA ruling. Our rationale for this
amendment was presented in the
October 6, 2009, final rule, at 74 FR
51368, 51375 and 51393–95 (October 6,
2009), and we hereby incorporate by
reference that rationale in order to
complete the regulatory amendments we
intended to make at the time. Today’s
action also finalizes the removal of the
SSM exemption from the 2000 federal
plan at 40 CFR 62.14413, and finalizes
the requirement that the emissions
limits apply at all times, for the same
reasons.
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VII. HMIWI That Have or Will
Shutdown
A. Units That Plan To Close Rather
Than Comply
The EPA did not receive any adverse
comments on this provision and is
therefore finalizing this section as
proposed at 77 FR 24283. Under today’s
final amended federal plan if, for
compliance purposes, you plan to
permanently close your currently
operating HMIWI, you must do so by
May 13, 2014. As described in the
proposed preamble, the final
amendments will allow HMIWI owners
or operators who are planning to
shutdown, the opportunity to petition
the EPA for an extension beyond the 1year compliance date (but no later than
October 6, 2014). An example of a
facility that might petition the EPA for
such an extension is a facility installing
an on-site alternative waste treatment
technology. It is possible that
installation cannot be completed within
1 year and the facility has no feasible
waste disposal options other than onsite incineration while the alternative
technology is being installed. The
requirements for a petition for an
extension to shutdown under today’s
final federal plan will update the
compliance date requirements set forth
at § 62.14471 of subpart HHH.
If you continue to operate your
HMIWI 1 year after May 13, 2014, then
you must comply with the operator
training and qualification requirements
and the inspection requirements of the
plan by May 13, 2014. This requirement
includes HMIWI that comply within 1
year, as well as those that have been
granted an extension beyond the 1-year
compliance date (i.e., HMIWI with
extended retrofit schedules and HMIWI
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granted an extension to shutdown after
the 1-year compliance date). In addition,
while still in operation, you are subject
to the same requirements for Title V
operating permits that apply to units
that will not shutdown.
B. Inoperable Units
The EPA did not receive any adverse
comments on this provision and is
therefore finalizing this section as
proposed at 77 FR 24283. Today’s final
amended federal plan, includes that in
cases where a HMIWI has already
shutdown, has been rendered
inoperable and does not intend to
restart, the HMIWI may be left off the
source inventory in a revised/new state
plan or this final amended federal plan.
A HMIWI that has been rendered
inoperable will not be covered by this
amended federal plan. The HMIWI
owner or operator may do one of the
following to render a HMIWI
inoperable: (1) Weld the waste charge
door shut, (2) remove stack (and by-pass
stack, if applicable), (3) remove
combustion air blowers, or (4) remove
burners or fuel supply appurtenances.
C. HMIWI That Have Shutdown
The EPA did not receive any adverse
comments on this provision and is
therefore finalizing this section as
proposed at 77 FR 24283. Today’s final
amended federal plan includes any
HMIWI that are known to have already
shutdown (but are not known to be
inoperable) in the source inventory.
These HMIWI should be identified in
any revised/new state plan submitted to
the EPA.
1. Restarting Before the Final
Compliance Date
If the owner or operator of an inactive
HMIWI plans to restart before the final
compliance date, the owner or operator
must submit a control plan for the
HMIWI and bring the HMIWI into
compliance with the applicable
compliance schedule. Final compliance
is required for all pollutants and all
HMIWI no later than the final
compliance date.
2. Restarting After the Final Compliance
Date
Under this federal plan, as amended,
a control plan is not needed for inactive
HMIWI that restart after the final
compliance date. However, before
restarting, operators of these HMIWI
would have to complete the operator
training and qualification requirements
and inspection requirements (if
applicable) and complete any needed
retrofit or process modifications prior to
restarting. Performance testing to
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demonstrate compliance would be
required within 180 days after
restarting. There is no need to show that
the increments of progress have been
met since these steps would have
occurred before restart while the HMIWI
was shutdown and not generating
emissions. A HMIWI that operates out of
compliance after the final compliance
date would be in violation of the final
amended federal plan and subject to
enforcement action.
VIII. Implementation of the Federal
Plan and Delegation
A. Background of Authority
The EPA did not receive any adverse
comments on this section and is
therefore finalizing this section as
proposed at 77 FR 24284. Under
sections 111(d) and 129(b) of the CAA,
the EPA is required to adopt EG that are
applicable to existing solid waste
incineration sources. These EG are not
enforceable until the EPA approves a
state plan or adopts a federal plan that
implements and enforces them and the
state or federal plan has become
effective. As discussed above, the
federal plan regulates HMIWI in states
that do not have approved plans in
effect to implement the amended EG.
Congress has determined that the
primary responsibility for air pollution
prevention and control rests with state
and local agencies. (See section
101(a)(3) of the CAA.) Consistent with
that overall determination, Congress
established sections 111 and 129 of the
CAA with the intent that the state and
local agencies take the primary
responsibility for ensuring that the
emissions limitations and other
requirements in the EG are achieved.
Also, in section 111(d) of the CAA,
Congress explicitly required that the
EPA establish procedures that are
similar to those under section 110(c) for
state implementation plans. Although
Congress required the EPA to propose
and promulgate a federal plan for states
that fail to submit approvable state
plans on time, states may submit
approvable revised/new plans after
promulgation of the amended HMIWI
federal plan. The EPA strongly
encourages states that are unable to
submit approvable revised/new plans to
request delegation of the amended
federal plan so that they can have
primary responsibility for implementing
the revised EG, consistent with the
intent of Congress.
Approved and effective revised/new
state plans or delegation of the amended
federal plan is the EPA’s preferred
outcome because the EPA believes that
state and local agencies not only have
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the responsibility to carry out the
revised EG but also have the practical
knowledge and enforcement resources
critical to achieving the highest rate of
compliance. For these reasons, the EPA
will do all that it can to expedite
delegation of the amended federal plan
to state and local agencies, whenever
possible, in cases where states are
unable to develop and submit
approvable state plans.
B. Delegation of the Federal Plan and
Retained Authorities
The EPA did not receive any adverse
comments on this section and is
therefore finalizing this section as
proposed at 77 FR 24284. As similarly
described in the 2000 federal plan, if a
state or tribe intends to take delegation
of the amended federal plan, the state or
tribe should submit to the appropriate
EPA Regional Office a written request
for delegation of authority. The state or
tribe should explain how it meets the
criteria for delegation. See generally
‘‘Good Practices Manual for Delegation
of NSPS and NESHAP’’ (EPA, February
1983). The letter requesting delegation
of authority to implement the amended
federal plan should: (1) Demonstrate
that the state or tribe has adequate
resources, as well as the legal and
enforcement authority to administer and
enforce the program, (2) include an
inventory of affected HMIWI units,
which includes those that have ceased
operation but have not been dismantled,
include an inventory of the affected
units’ air emissions and a provision for
state progress reports to the EPA, (3)
certify that a public hearing is held on
the state delegation request, and (4)
include a memorandum of agreement
between the state or tribe and the EPA
that sets forth the terms and conditions
of the delegation, the effective date of
the agreement, and the mechanism to
transfer authority. Upon signature of the
agreement, the appropriate EPA
Regional Office would publish an
approval notice in the Federal Register,
thereby incorporating the delegation of
authority into the appropriate subpart of
40 CFR part 62.
If authority is not delegated to a state
or tribe, the EPA will implement the
amended federal plan. Also, if a state or
tribe fails to properly implement a
delegated portion of the amended
federal plan, the EPA will assume direct
implementation and enforcement of that
portion. The EPA will continue to hold
enforcement authority along with the
state or tribe even when a state or tribe
has received delegation of the amended
federal plan. In all cases where the
amended federal plan is delegated, the
EPA will retain and will not transfer
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authority to a state or tribe to approve
the following items that include
additional items to those listed in the
2000 federal plan as to correspond to
those changes promulgated in the 2009
HMIWI rules:
(1) Alternative site-specific operating
parameters established by facilities
using HMIWI controls other than a wet
scrubber, dry scrubber followed by a FF,
or dry scrubber followed by a FF and
wet scrubber;
(2) Alternative methods of
demonstrating compliance, including
the following methods outlined in the
October 6, 2009, amendments to the
HMIWI EG:
• Approval of CEMS for PM, HCl,
multi-metals and Hg where used for
purposes of demonstrating compliance;
• Approval of continuous automated
sampling systems for dioxin/furan and
Hg where used for purposes of
demonstrating compliance; and
• Approval of major alternatives to
test methods;
(3) Approval of major alternatives to
monitoring (added in 2009 amended
EG);
(4) Waiver of recordkeeping
requirements (added in 2009 amended
EG); and
(5) Performance test and data
reduction waivers under 40 CFR 60.8(b)
(added in 2009 amended EG).
Retaining what was established in the
2000 federal plan, today’s final
amended federal plan also specifies that
HMIWI owners or operators who wish
to establish alternative operating
parameters, alternative methods of
demonstrating compliance, major
alternatives to monitoring, waiver of
recordkeeping requirements or
performance test and data reduction
waivers should submit a request to the
Regional Office Administrator with a
copy to the appropriate state.
C. Mechanisms for Transferring
Authority
The EPA did not receive any adverse
comments on this section and is
therefore finalizing this section as
proposed at 77 FR 24284. There are two
mechanisms for transferring
implementation authority to state and
local agencies: (1) the EPA approval of
a revised/new state plan after the
amended federal plan is in effect; and
(2) if a state does not submit or obtain
approval of its own revised/new plan,
the EPA delegation to a state of the
authority to implement certain portions
of this amended federal plan to the
extent appropriate and if allowed by
state law. Both of these options are the
same as those first outlined in the 2000
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federal plan and are described in more
detail below.
1. Federal Plan Becomes Effective Prior
To Approval of a State Plan
After HMIWI in a state become subject
to the amended federal plan, the state or
local agency may still adopt and submit
a revised/new plan to the EPA. If the
EPA determines that the revised/new
state plan is as protective as the revised
EG, the EPA will approve the revised/
new state plan. If the EPA determines
that the plan is not as protective as the
revised EG, the EPA will disapprove the
plan and the HMIWI covered in the state
plan would remain subject to the
amended federal plan until a revised
state plan covering those HMIWI is
approved and effective. Prior to
disapproval, the EPA will work with
states to attempt to reconcile areas of the
plan that remain not as protective as the
revised EG.
Upon the effective date of a revised/
new state plan, the amended federal
plan would no longer apply to HMIWI
covered by such a plan and the state or
local agency would implement and
enforce the revised/new state plan in
lieu of the amended federal plan. When
an EPA Regional Office approves a
revised/new state plan, it will amend
the appropriate subpart of 40 CFR part
62 to indicate such approval.
2. State Takes Delegation of the Federal
Plan
The EPA, in its discretion, may
delegate to state agencies the authority
to implement this amended federal
plan. As discussed above, the EPA
believes that it is advantageous and the
best use of resources for state or local
agencies to agree to undertake, on the
EPA’s behalf, administrative and
substantive roles in implementing the
amended federal plan to the extent
appropriate and where authorized by
state law. If a state requests delegation,
the EPA will generally delegate the
entire amended federal plan to the state
agency. These functions include
administration and oversight of
compliance reporting and recordkeeping
requirements, HMIWI inspections and
preparation of draft notices of violation
but will not include any authorities
retain by the EPA. State agencies that
have taken delegation, as well as the
EPA, will have responsibility for
bringing enforcement actions against
sources violating federal plan
provisions.
D. Implementing Authority
The EPA did not receive any adverse
comments on this section and is
therefore finalizing this section as
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proposed at 77 FR 24285. The EPA
Regional Administrators have been
delegated the authority for
implementing the HMIWI federal plan
amendments. All reports required by
these amendments to the federal plan
should be submitted to the appropriate
Regional Office Administrator. Section
II.C. of this preamble includes a table
that lists names and addresses of the
EPA Regional Office contacts and the
states they cover.
IX. Title V Operating Permits
The EPA did not receive any
comments on this section and is
therefore finalizing this section as
proposed at 77 FR 24285. All existing
HMIWI regulated under state or federal
plans implementing the 1997 EG and
any HMIWI that was regulated under
the 1997 NSPS should have already
applied for and obtained Title V
operating permits, as required under the
EG. Title V operating permits assure
compliance with all applicable federal
requirements for HMIWI, including all
applicable CAA section 129
requirements. (See 40 CFR
70.2,70.6(a)(1), 71.2 and 71.6(a)(1).)
Title V operating permits for the abovenoted sources may, however, need to be
reopened to incorporate the
requirements of a revised/new state
plan, this amended federal plan or more
stringent NSPS requirements.
For more background information on
the interface between CAA section 129
and Title V, including the EPA’s
interpretation of CAA section 129(e), as
well as information on submitting Title
V permit applications, updating existing
Title V permit applications and
reopening existing Title V permits, see
the final Federal Plan for Commercial
and Industrial Solid Waste Incinerators,
October 3, 2003 (68 FR 57518, 57532).
See also the final Federal Plan for
Hospital Medical Infectious Waste
Incinerators, August 15, 2000 (65 FR
49868, 49877).
As described in the April 23, 2012
proposal, today’s final amended federal
plan maintains the 2000 federal plan
approach, specifying that owners or
operators of HMIWI that burn only
pathological waste, low-level
radioactive waste and/or
chemotherapeutic waste and co-fired
combustors, as defined in § 62.14490 of
subpart HHH, must comply only with
certain recordkeeping and reporting
requirements set forth in today’s final
amended federal plan. (See § 62.14400.)
These HMIWI and co-fired combustors
would not be subject to the emissions
control-related requirements of the
amended federal plan as long as they
comply with the recordkeeping and
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reporting requirements, including
maintaining records for five years, set
forth as conditions for their exemption.
As described in the April 23, 2012
proposal, the EPA or delegated
enforcement authority will maintain
facilities’ exemption claims for as long
as the source is operating under such
exempt status.
Consistent with the 2000 federal plan,
owners and operators of these sources as
listed above would not be required to
obtain Title V operating permits as a
matter of federal law if the only reason
they would potentially be subject to
Title V is these non-emissions controlrelated recordkeeping and reporting
requirements. (See § 62.14480.)
Originally explained in the 2000 federal
plan, today’s rule maintains that owners
and operators of HMIWI that burn only
pathological waste, low-level
radioactive waste and/or
chemotherapeutic waste and co-fired
combustors that do not comply with the
recordkeeping and reporting
requirements necessary to qualify for
exemption from the other requirements
of the amended federal plan would
become subject to those other
requirements and would have to obtain
Title V permits. Moreover as stated in
the 2000 federal plan and again in
today’s final rule, if, in the future, the
EPA promulgates regulations subjecting
any of these sources to requirements
other than these recordkeeping and
reporting requirements, these sources
could become subject to Title V at that
time.
A. Title V and Delegation of a Federal
Plan
We have previously stated that
issuance of a Title V permit is not
equivalent to the approval of a state
plan or delegation of a federal plan.2
Legally, delegation of a standard or
requirement results in a delegated state
or tribe standing in for the EPA as a
matter of federal law. This means that
obligations a source may have to the
EPA under a federally promulgated
standard become obligations to a state
(except for functions that the EPA
retains for itself) upon delegation.3
Although a state or tribe may have the
authority under state or tribal law to
2 See, e.g., the ‘‘Title V and Delegation of a
Federal Plan’’ section of the proposed federal plan
for Commercial Industrial Solid Waste Incinerators
(CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the
proposed federal plan for CISWI was reaffirmed in
the final federal plan for CISWI, October 3, 2003 (68
FR 57518, 57535).
3 If the Administrator chooses to retain certain
authorities under a standard, those authorities
cannot be delegated, e.g., alternative methods of
demonstrating compliance.
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incorporate section 111/129
requirements into its Title V permits,
and implement and enforce these
requirements in these permits without
first taking delegation of the section
111/129 federal plan, the state or tribe
is not standing in for the EPA as a
matter of federal law in this situation.
Where a state or tribe does not take
delegation of a section 111/129 federal
plan, obligations that a source has to the
EPA under the federal plan continue
after a Title V permit is issued to the
source. As a result, the EPA continues
to maintain that an approved part 70
operating permits program cannot be
used as a mechanism to transfer the
authority to implement and enforce the
federal plan from the EPA to a state or
tribe.
As mentioned above, a state or tribe
may have the authority under state or
tribal law to incorporate section 111/129
requirements into its Title V permits,
and implement and enforce these
requirements in that context without
first taking delegation of the section
111/129 federal plan.4 Some states or
tribes, however, may not be able to
implement and enforce a section 111/
129 standard in a Title V permit until
the section 111/129 standard has been
delegated. In these situations, a state or
tribe should not issue a part 70 permit
to a source subject to a federal plan
before taking delegation of the section
111/129 federal plan.
If a state or tribe can provide an
Attorney General’s (AG’s) opinion
delineating its authority to incorporate
section 111/129 requirements into its
Title V permits, and then implement
and enforce these requirements through
its Title V permits without first taking
delegation of the requirements, then a
state or tribe does not need to take
delegation of the section 111/129
requirements for purposes of Title V
permitting.5 In practical terms, without
approval of a state or tribal plan,
delegation of a federal plan, or an
adequate AG’s opinion, states and tribes
with approved part 70 permitting
programs open themselves up to
potential questions regarding their
4 The EPA interprets the phrase ‘‘assure
compliance’’ in section 502(b)(5)(A) to mean that
permitting authorities will implement and enforce
each applicable standard, regulation or requirement
which must be included in the Title V permits the
permitting authorities issue. See definition of
‘‘applicable requirement’’ in 40 CFR 70.2. See also
40 CFR 70.4(b)(3)(i) and 70.6(a)(1).
5 It is important to note that an AG’s opinion
submitted at the time of initial Title V program
approval is sufficient if it demonstrates that a state
or tribe has adequate authority to incorporate CAA
section 111/129 requirements into its Title V
permits and to implement and enforce these
requirements through its Title V permits without
delegation.
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authority to issue permits containing
section 111/129 requirements and to
assure compliance with these
requirements. Such questions could
lead to the issuance of a notice of
deficiency for a state’s or tribe’s part 70
program. As a result, prior to a state or
tribal permitting authority drafting a
part 70 permit for a source subject to a
section 111/129 federal plan, the state or
tribe, the EPA Regional Office and
source in question are advised to ensure
that delegation of the relevant federal
plan has taken place or that the
permitting authority has provided to the
EPA Regional Office an adequate AG’s
opinion.
In addition, if a permitting authority
chooses to rely on an AG’s opinion and
not take delegation of a federal plan, a
section 111/129 source subject to the
federal plan in that state must
simultaneously submit to both the EPA
and the state or tribe all reports required
by the standard to be submitted to the
EPA. Given that these reports are
necessary to implement and enforce the
section 111/129 requirements when
they have been included in Title V
permits, the permitting authority needs
to receive these reports at the same time
as the EPA.
In the situation where a permitting
authority chooses to rely on an AG’s
opinion and not take delegation of a
federal plan, the EPA Regional Offices
will be responsible for implementing
and enforcing section 111/129
requirements outside of any Title V
permits. Moreover, in this situation, the
EPA Regional Offices will continue to
be responsible for developing progress
reports and conducting any other
administrative functions required under
this federal plan or any other section
111/129 federal plan. See the section
V.G. of this preamble titled ‘‘What are
the final amendments to the compliance
schedule?’’.
It is important to note that the EPA is
not using its authority under 40 CFR
part 70.4(i)(3) to request that all states
and tribes which do not take delegation
of this federal plan submit supplemental
AG’s opinions at this time. However, the
EPA Regional Offices shall request, and
permitting authorities shall provide,
such opinions when the EPA questions
a state’s or tribe’s authority to
incorporate section 111/129
requirements into a Title V permit and
implement and enforce these
requirements in that context without
delegation.
X. Statutory and Executive Order
Reviews
This section addresses the following
administrative requirements: Executive
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Orders 12866 and 13563, 13132, 13175,
13045, 13211 and 12898, PRA, RFA,
UMRA and the NTTAA. This two-part
action finalizes an amended federal plan
and finalizes amendments to the 2009
NSPS. Since this final amended federal
plan rule merely implements the
amended HMIWI EG promulgated on
October 6, 2009 (codified at 40 part 60,
subpart Ce) as they apply to HMIWI and
the final NSPS amendments clarify the
EPA’s original intent removing the SSM
exemption in the final NSPS rule
October 6, 2009 (codified at 40 part 60,
subpart Ec) and does not impose any
new requirements, much of the
following discussion of administrative
requirements refers to the
documentation of applicable
administrative requirements in the
preamble to the 2009 rule promulgating
the amended EG and NSPS (74 FR
51368–51402, October 6, 2009).
A. Executive Order 12866 and 13563:
Regulatory Planning and Review
This final action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735;
October 4, 1993) and is, therefore, not
subject to review under the Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden. This
action finalizes amendments to the
HMIWI federal plan to implement the
amended EG adopted on October 6,
2009, for those states that do not have
an approved revised/new state plan
implementing the EG. Additionally, this
action also finalizes amendments to the
NSPS to better reflect the EPA’s original
intent in the October 6, 2009, final rule
in eliminating an exemption during
SSM periods from the requirement to
comply with standards at all times.
However, the OMB has previously
approved the information collection
requirements contained in the existing
regulations 40 CFR part 60 subparts CE
and EC under the provisions on the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., and has assigned OMB
Control Number 2060–0422. The OMB
Control Numbers for EPA’s regulation in
40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
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substantial number of small entities
(SISNOSE). Small entities include small
businesses, small organizations and
small governmental jurisdictions.
For purposes of assessing the impacts
of this final action on small entities,
small entity is defined as follows: (1) A
small business as defined by the Small
Business Administration’s regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise that is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
During the 2009 HMIWI EG rulemaking,
the EPA estimated that a substantial
number of small entities would not be
significantly impacted by the
promulgated EG. (See 74 FR at 51400–
51401.) This final rule will not impose
any requirements on small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This final action does not contain a
federal mandate that may result in
expenditures of $100 million or more
for state and local governments, in the
aggregate, or the private sector in any
one year. In the preamble to the 2009
EG, the national total cost to comply
with the final rule was estimated to be
approximately $15.5 million in each of
the first 3 years of compliance. This
final federal plan, as amended, will
apply to only a subset of the units
considered in the cost analysis for the
EG, and less than 10 percent of the units
nationwide are state or locally owned.
Thus, this rule is not subject to the
requirements of sections 202 or 205 of
the UMRA.
This rule is also not subject to the
requirements of section 203 of the
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
EPA has determined that the final rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments because, as noted
above, the burden is small and the
regulation does not unfairly apply to
small governments.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
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government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This final action
will not impose substantial direct
compliance costs on state or local
governments and will not preempt state
law. Thus, Executive Order 13132 does
not apply to this proposed action.
In the spirit of Executive Order 13132,
and consistent with the EPA policy to
promote communications between the
EPA and state and local governments,
the EPA specifically solicited comments
on the April 23, 2012, proposal from
state and local officials. The EPA did
not receive any comments.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This final action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). The EPA is not aware of any
HMIWI owned or operated by Indian
tribal governments. Thus, Executive
Order 13175 does not apply to this final
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885; April 23, 1997) as
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This final action is not subject to
Executive Order 13045 because it is
based solely on technology
performance.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
This final action is not subject to
Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA, Public
Law 104–113 (15 U.S.C. 272 note)
directs the EPA to use voluntary
consensus standards (VCS) in its
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
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directs the EPA to provide Congress,
through OMB, explanations when the
EPA decides not to use available and
applicable VCS.
This final rulemaking involves
technical standards. The EPA finalizes
to use two VCS in today’s action. One
VCS, ASME PTC 19.10–1981, ‘‘Flue and
Exhaust Gas Analyses,’’ is cited in the
2009 EG and the final rule, as proposed,
for its manual method of measuring the
content of the exhaust gas as an
acceptable alternative to EPA Method
3B of appendix A–2. This standard is
available from the ASME, P.O. Box
2900, Fairfield, NJ 07007–2900; or
Global Engineering Documents, Sales
Department, 15 Inverness Way East,
Englewood, CO 80112.
Another VCS, ASTM D6784–02,
‘‘Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total
Mercury Gas Generated from Coal-Fired
Stationary Sources (Ontario Hydro
Method),’’ is cited in the 2009 EG and
the final rule, as proposed, as an
acceptable alternative to EPA Method 29
of appendix A–8 (portion for Hg only)
for measuring Hg. This standard is
available from the ASTM International,
100 Barr Harbor Drive, Post Office Box
C700, West Conshohocken, PA 19428–
2959; or ProQuest, 300 North Zeeb
Road, Ann Arbor, MI 48106.
As discussed in the April 23, 2012,
proposed rule preamble, while the EPA
has identified 16 VCS as being
potentially applicable to the final rule,
we have decided not to use these VCS
in this rulemaking. The use of these
VCS would be impractical because they
do not meet the objectives of the
standards cited in this final rule. See the
docket for the 2009 EG (Docket ID
Number EPA–HQ–OAR–2006–0534),
which is being implemented under
today’s final action, for the reasons for
these determinations.
Under 40 CFR 62.14495, the EPA
Administrator retains the authority of
approving alternative methods of
demonstrating compliance as
established under 40 CFR 60.8(b) and
60.13(i) of 40 CFR part 60, subpart A
(NSPS General Provisions). A source
may apply to the EPA for permission to
use alternative test methods or
alternative monitoring requirements in
place of any required EPA test methods,
performance specifications or
procedures.
The EPA did not receive any
comments on this aspect of the
proposed rulemaking.
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28065
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice (EJ) in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629;
Feb. 16, 1994) establishes federal
executive policy on EJ. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make EJ part of
their mission by identifying and
addressing, as appropriate,
disproportionately high and adverse
human health or environmental effects
of their programs, policies and activities
on minority populations and lowincome populations in the United
States.
The EPA has determined that this
final action will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
This final action implements national
standards in the 2009 amendments to
the HMIWI EG that would result in
reductions in emissions of Cd, CO,
dioxins/furans, HCl, Pb, Hg, NOX, PM
and SO2 from all HMIWI and thus
decrease the amount of such emissions
to which all affected populations are
exposed.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C., 801, et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect the
agency promulgating the rule must
submit a report, which includes a copy
of the rule, to each House of Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this final rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C., 804(2). This final rule will
be effective on June 12, 2013.
List of Subjects
40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
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Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
For reasons set out in the preamble,
40 CFR parts 60 and 62 are amended as
follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: HOSPITAL/
MEDICAL/INFECTIOUS WASTE
INCINERATORS
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. The subpart heading for subpart Ec
is revised to read as follows:
■
Subpart Ec—Standards of
Performance for New Stationary
Sources: Hospital/Medical/Infectious
Waste Incinerators
3. Section 60.56c is amended by
revising the first sentence of paragraph
(d)(2) to read as follows:
■
Compliance and performance
*
*
*
*
(d) * * *
(2) Following the date on which the
initial performance test is completed or
is required to be completed under
§ 60.8, whichever date comes first,
ensure that the affected facility does not
operate above any of the applicable
maximum operating parameters or
below any of the applicable minimum
operating parameters listed in table 3 of
this subpart and measured as 3-hour
rolling averages (calculated each hour as
the average of the previous 3 operating
hours) at all times. * * *
*
*
*
*
*
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*
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
4. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
5. The subpart heading for subpart
HHH is revised to read as follows:
■
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6. Section 62.14400 is amended by
revising paragraphs (a) introductory
text, (a)(2), and (c) to read as follows:
■
§ 62.14400
Dated: April 4, 2013
Bob Perciasepe,
Acting Administrator.
§ 60.56c
testing.
Subpart HHH—Federal Plan
Requirements for Hospital/Medical/
Infectious Waste Incinerators
Constructed On Or Before December 1,
2008
Jkt 229001
Am I subject to this subpart?
(a) You are subject to this subpart if
paragraphs (a)(1), (2)(i) or (ii), and (3) of
this section are all true:
*
*
*
*
*
(2)(i) Construction of the HMIWI
commenced on or before June 20, 1996,
or modification of the HMIWI
commenced on or before March 16,
1998; or
(ii) Construction of the HMIWI
commenced after June 20, 1996 but no
later than December 1, 2008, or
modification of the HMIWI commenced
after March 16, 1998 but no later than
April 6, 2010; and
*
*
*
*
*
(c) Owners or operators of sources
that qualify for the exemptions in
paragraphs (b)(1) or (2) of this section
must submit records required to support
their claims of exemption to the EPA
Administrator (or delegated
enforcement authority) upon request.
Upon request by any person under the
regulation at part 2 of this chapter (or a
comparable law or regulation governing
a delegated enforcement authority), the
EPA Administrator (or delegated
enforcement authority) must request the
records in (b)(1) or (2) from an owner or
operator and make such records
available to the requestor to the extent
required by part 2 of this chapter (or a
comparable law governing a delegated
enforcement authority). Records
required under paragraphs (b)(1) and (2)
of this section must be maintained by
the source for a period of at least 5
years. Notifications of exemption claims
required under paragraphs (b)(1) and (2)
of this section must be maintained by
the EPA or delegated enforcement
authority for as long as the source is
operating under such exempt status.
Any information obtained from an
owner or operator of a source
accompanied by a claim of
confidentiality will be treated in
accordance with the regulations in part
2 of this chapter (or a comparable law
governing a delegated enforcement
authority).
7. Section 62.14401 is revised to read
as follows:
■
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§ 62.14401 How do I determine if my
HMIWI is covered by an approved and
effective State or Tribal plan?
This part (40 CFR part 62) contains a
list of all states and tribal areas with
approved Clean Air Act (CAA) section
111(d)/129 plans in effect. However,
this part is only updated once a year.
Thus, if this part does not indicate that
your state or tribal area has an approved
and effective plan, you should contact
your state environmental agency’s air
director or your EPA Regional Office to
determine if approval occurred since
publication of the most recent version of
this part. A state may also meet its CAA
section 111(d)/129 obligations by
submitting an acceptable written request
for delegation of the federal plan that
meets the requirements of this section.
This is the only other option for a state
to meet its 111(d)/129 obligations.
(a) An acceptable Federal plan
delegation request must include the
following:
(1) A demonstration of adequate
resources and legal authority to
administer and enforce the Federal plan.
(2) The items under §§ 60.25(a) and
60.39e(c).
(3) Certification that the hearing on
the state delegation request, similar to
the hearing for a state plan submittal,
was held, a list of witnesses and their
organizational affiliations, if any,
appearing at the hearing, and a brief
written summary of each presentation or
written submission.
(4) A commitment to enter into a
Memorandum of Agreement with the
Regional Administrator who sets forth
the terms, conditions and effective date
of the delegation and that serves as the
mechanism for the transfer of authority.
Additional guidance and information is
given in the EPA’s Delegation Manual,
Item 7–139, Implementation and
Enforcement of 111(d)(2) and 111(d)(2)/
129(b)(3) Federal plans.
(b) A state with an already approved
HMIWI CAA section 111(d)/129 state
plan is not precluded from receiving
EPA approval of a delegation request for
the revised Federal plan, providing the
requirements of paragraph (a) of this
section are met, and at the time of the
delegation request, the state also
requests withdrawal of the EPA’s
previous state plan approval.
(c) A state’s CAA section 111(d)/129
obligations are separate from its
obligations under Title V of the CAA.
8. Section 62.14402 is revised to read
as follows:
■
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§ 62.14402 If my HMIWI is not listed on the
Federal plan inventory, am I exempt from
this subpart?
Not necessarily. Sources subject to
this subpart include, but are not limited
to, the inventory of sources listed in
Docket ID Number EPA–HQ–OAR–
2011–0405 for the federal plan. Review
the applicability of § 62.14400 to
determine if you are subject to this
subpart.
■ 9. Section 62.14403 is revised to read
as follows:
§ 62.14403 What happens if I modify an
existing HMIWI?
(a) If you commenced modification
(defined in 40 CFR 62.14490) of an
existing HMIWI after April 6, 2010, you
are subject to 40 CFR part 60, subpart
Ec (40 CFR 60.50c through 60.58c), as
amended, and you are not subject to this
subpart, except as provided in
paragraph (b) of this section.
(b) If you made physical or
operational changes to your existing
HMIWI solely for the purpose of
complying with this subpart, these
changes are not considered a
modification and you are not subject to
40 CFR part 60, subpart Ec (40 CFR
60.50c through 60.58c), as amended.
You remain subject to this subpart.
■ 10. Section 62.14412 is revised to read
as follows:
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§ 62.14412 What stack opacity and visible
emissions requirements apply?
(a) Your HMIWI (regardless of size
category) must not discharge into the
atmosphere from the stack any gases
that exhibit greater than 6 percent
opacity (6-minute block average).
(b) Your HMIWI as defined in
§ 62.14400(a)(2)(ii) and utilizing a large
HMIWI must not discharge into the
atmosphere visible emissions of
combustion ash from an ash conveying
system (including conveyor transfer
points) in excess of 5 percent of the
observation period (i.e., 9 minutes per 3hour period), as determined by EPA
Reference Method 22 of 40 CFR part 60,
appendix A–7, except as provided in
paragraphs (b)(1) and (2) of this section.
(1) The emissions limit specified in
paragraph (b) of this section does not
cover visible emissions discharged
inside buildings or enclosures of ash
conveying systems; however, the
emissions limit does cover visible
emissions discharged to the atmosphere
from buildings or enclosures of ash
conveying systems.
(2) The provisions specified in
paragraph (b) of this section do not
apply during maintenance and repair of
ash conveying systems. Maintenance
and/or repair must not exceed 10
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operating days per calendar quarter
unless you obtain written approval from
the state agency establishing a date
when all necessary maintenance and
repairs of ash conveying systems are to
be completed.
11. Section 62.14413 is revised to read
as follows:
■
§ 62.14413 When do the emissions limits
and stack opacity and visible emissions
requirements apply?
The emissions limits, stack opacity,
and visible emissions requirements of
this subpart apply at all times.
12. Section 62.14422 is amended by
revising paragraph (a)(13) and adding
paragraph (a)(14) to read as follows:
■
§ 62.14422 What are the requirements for a
training course that is not part of a Stateapproved program?
(a) * * *
(13) Recordkeeping requirements; and
(14) Training in waste segregation
according to § 62.14430(c)
*
*
*
*
*
■ 13. Section 62.14425 is amended by
revising paragraph (b) to read as follows:
§ 62.14425 When must I review the
documentation?
*
*
*
*
*
(b) You must conduct your initial
review of the information listed in
§ 62.14424 by [date 6 months after
publication of final rule], or prior to
assumption of responsibilities affecting
HMIWI operation, whichever is later.
*
*
*
*
*
■ 14. Section 62.14431 is revised to read
as follows:
§ 62.14431 What must my waste
management plan include?
(a) Your waste management plan must
identify both the feasibility of, and the
approach for, separating certain
components of solid waste from the
health care waste stream in order to
reduce the amount of toxic emissions
from incinerated waste. The waste
management plan you develop may
address, but is not limited to, elements
such as segregation and recycling of
paper, cardboard, plastics, glass,
batteries, food waste and metals (e.g.,
aluminum cans, metals-containing
devices); segregation of non-recyclable
wastes (e.g., polychlorinated biphenylcontaining waste, pharmaceutical waste,
and mercury-containing waste such as
dental waste); and purchasing recycled
or recyclable products. Your waste
management plan may include different
goals or approaches for different areas or
departments of the facility and need not
include new waste management goals
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for every waste stream. When you
develop your waste management plan, it
should identify, where possible,
reasonably available additional waste
management measures, taking into
account the effectiveness of waste
management measures already in place,
the costs of additional measures, the
emissions reductions expected to be
achieved, and any other potential
environmental or energy impacts they
might have. In developing your waste
management plan, you must consider
the American Hospital Association
(AHA) publication titled ‘‘Ounce of
Prevention: Waste Reduction Strategies
for Health Care Facilities.’’ This
publication (AHA Catalog Number
057007) is available for purchase from
AHA Services, Inc., Post Office Box
933283, Atlanta, Georgia 31193–3283.
(b) If you own or operate commercial
HMIWI, you must conduct training and
education programs in waste segregation
for each of your waste generator clients
and ensure that each client prepares its
own waste management plan that
includes, but is not limited to, the
provisions listed in this section.
(c) If you own or operate commercial
HMIWI, you must conduct training and
education programs in waste segregation
for your HMIWI operators.
15. Section 62.14432 is revised to read
as follows:
■
§ 62.14432 When must my waste
management plan be completed?
As specified in §§ 62.14463 and
62.14464, you must submit your waste
management plan with your initial
report, which is due 60 days after you
demonstrate initial compliance with the
amended emissions limits, by
conducting an initial performance test
or submitting the results of previous
emissions tests, provided the conditions
in § 62.14451(e) are met.
16. Section 62.14440 is revised to read
as follows:
■
§ 62.14440 Which HMIWI are subject to
inspection requirements?
(a) All HMIWI, including small rural
HMIWI (defined in § 62.14490) and each
HMIWI (subject to emissions limits and
visible emissions requirements in
§§ 62.14411 and 62.14412) are subject to
the HMIWI equipment inspection
requirements.
(b) All HMIWI equipped with one or
more air pollution control devices are
subject to the air pollution control
device inspection requirements.
17. Section 62.14441 is revised to read
as follows:
■
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§ 62.14441 When must I inspect my HMIWI
equipment and air pollution control
devices?
(a) You must inspect your large,
medium, small or small rural HMIWI
equipment by May 13, 2014.
(b) You must conduct inspections of
your large, medium, small or small rural
HMIWI equipment as outlined in
§ 62.14442(a) annually (no more than 12
months following the initial inspection
or previous annual HMIWI equipment
inspection).
(c) You must inspect the air pollution
control devices on your large, medium,
small or small rural HMIWI by May 13,
2014.
(d) You must conduct the air
pollution control device inspections on
your large, medium, small or small rural
HMIWI as outlined in § 62.14442(b)
annually (no more than 12 months
following the initial inspection or
previous annual air pollution control
device inspection).
18. Section 62.14442 is amended as
follows:
■ a. By redesignating paragraphs (a)
through (q) as paragraphs (a)(1) through
(a)(17);
■ b. By redesignating introductory text
as paragraph (a) introductory text and
revising it;
■ c. By redesignating newly
redesignated paragraph (a)(17) as (a)(18)
and adding new paragraph (a)(17); and
■ d. By adding new paragraph (b).
The revisions and additions read as
follows:
■
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§ 62.14442
include?
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When must I do repairs?
(a) You must complete any necessary
repairs to the HMIWI equipment within
10 operating days of the HMIWI
equipment inspection unless you obtain
written approval from the EPA
Administrator (or delegated
enforcement authority) establishing a
different date when all necessary repairs
of your HMIWI equipment must be
completed.
(b) You must complete any necessary
repairs to the air pollution control
device within 10 operating days of the
air pollution control device inspection
unless you obtain written approval from
the EPA Administrator (or delegated
enforcement authority) establishing a
different date when all necessary repairs
of your air pollution control device
must be completed. During the time that
you conduct repairs to your air
pollution control device, all emissions
standards remain in effect according to
§ 62.14413.
compliance with the emissions limits,
provided that the conditions in
paragraphs (e)(1) through (3) of this
section are met:
(1) Your previous emissions tests
must have been conducted using the
applicable procedures and test methods
listed in § 62.14452. Previous emissions
test results obtained using the EPAaccepted voluntary consensus standards
are also acceptable.
(2) The HMIWI at your facility must
currently be operated in a manner (e.g.,
with charge rate, secondary chamber
temperature, etc.) that would be
expected to result in the same or lower
emissions than observed during the
previous emissions test(s), and the
HMIWI may not have been modified
such that emissions would be expected
to exceed the results from previous
emissions test(s).
(3) The previous emissions test(s)
must have been conducted in 1996 or
later.
§ 62.14450
■
[Removed and Reserved]
20. Section 62.14450 is removed and
reserved.
■ 21. Section 62.14451 is amended as
follows:
■ a. By revising paragraph (a);
■ b. By adding paragraph (b)(3);
■ c. By redesignating paragraph (c) as
paragraph (d);
■ d. By adding new paragraph (c); and
■ e. By adding paragraph (e).
The revisions and additions read as
follows:
■
§ 62.14451 What are the testing
requirements?
What must my inspections
(a) At a minimum, you must do the
following during your HMIWI
equipment inspection:
*
*
*
*
*
(17) Include inspection elements
according to manufacturer’s
recommendations; and
*
*
*
*
*
(b) At a minimum, you must do the
following during your air pollution
control device inspection:
(1) Inspect air pollution control
device(s) for proper operation, if
applicable;
(2) Ensure proper calibration of
thermocouples, sorbent feed systems
and any other monitoring equipment;
and
(3) Include inspection elements
according to manufacturer’s
recommendations; and
(4) Generally observe that the
equipment is maintained in good
operating condition.
■ 19. Section 62.14443 is revised to read
as follows:
VerDate Mar<15>2010
§ 62.14443
(a) Except as specified in paragraph
(e) of this section, you must conduct an
initial performance test for PM, opacity,
CO, dioxin/furan, HCl, Pb, Cd, Hg, SO2,
NOX and fugitive ash emissions using
the test methods and procedures
outlined in § 62.14452.
(b) * * *
(3) If you use a large HMIWI that
commenced construction or
modification according to
§ 62.14400(a)(2)(ii), determine
compliance with the visible emissions
limits for fugitive emissions from
flyash/bottom ash storage and handling
by conducting a performance test using
EPA Reference Method 22 of 40 CFR
part 60, appendix A–7 on an annual
basis (no more than 12 months
following the previous performance
test).
(c) The 2,000 lb/wk limitation for
small rural HMIWI does not apply
during performance tests.
*
*
*
*
*
(e) You may use the results of
previous emissions tests to demonstrate
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22. Section 62.14452 is amended as
follows:
■ a. By revising paragraphs (c), (d), and
(f);
■ b. By redesignating paragraph (l) as
paragraph (o) and revising it;
■ c. By redesignating paragraph (m) as
paragraph (r);
■ d. By redesignating paragraphs (g)
through (k) as paragraphs (i) through (m)
and revising them;
■ f. By adding new paragraphs (g) and
(h); and
■ g. By adding paragraphs (n), (p), and
(q).
The revisions and additions read as
follows:
§ 62.14452 What test methods and
procedures must I use?
*
*
*
*
*
(c) You must use EPA Reference
Method 1 of 40 CFR part 60, appendix
A–1 to select the sampling location and
number of traverse points;
(d) You must use EPA Reference
Method 3, 3A or 3B of 40 CFR part 60,
appendix A–2 for gas composition
analysis, including measurement of
oxygen concentration. You must use
EPA Reference Method 3, 3A or 3B of
40 CFR part 60, appendix A–2
simultaneously with each reference
method. You may use ASME PTC–19–
10–1981–Part 10 (incorporated by
reference in 40 CFR 60.17) as an
alternative to EPA Reference Method
3B;
*
*
*
*
*
(f) You must use EPA Reference
Method 5 of 40 CFR part 60, appendix
A–3 or Method 26A or Method 29 of 40
CFR part 60, appendix A–8 to measure
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particulate matter (PM) emissions. You
may use bag leak detection systems, as
specified in § 62.14454(e), or PM
continuous emissions monitoring
systems (CEMS), as specified in
paragraph (o) of this section, as an
alternative to demonstrate compliance
with the PM emissions limit;
(g) You must use EPA Reference
Method 6 or 6C of 40 CFR part 60,
appendix A–4 to measure SO2
emissions;
(h) You must use EPA Reference
Method 7 or 7E of 40 CFR part 60,
appendix A–4 to measure NOX
emissions;
(i) You must use EPA Reference
Method 9 of 40 CFR part 60, appendix
A–4 to measure stack opacity. You may
use bag leak detection systems, as
specified in § 62.14454(e), or PM CEMS,
as specified in paragraph (o) of this
section, as an alternative to demonstrate
compliance with the opacity
requirements;
(j) You must use EPA Reference
Method 10 or 10B of 40 CFR part 60,
appendix A–4 to measure the CO
emissions. You may use CO CEMS, as
specified in paragraph (o) of this
section, as an alternative to demonstrate
compliance with the CO emissions
limit;
(k) You must use EPA Reference
Method 23 of 40 CFR part 60, appendix
A–7 to measure total dioxin/furan
emissions. The minimum sample time
must be 4 hours per test run. You may
elect to sample dioxins/furans by
installing, calibrating, maintaining and
operating a continuous automated
sampling system, as specified in
paragraph (p) of this section, as an
alternative to demonstrate compliance
with the dioxin/furan emissions limit. If
you have selected the toxic equivalency
(TEQ) standards for dioxin/furans under
§ 62.14411, you must use the following
procedures to determine compliance:
(1) Measure the concentration of each
dioxin/furan tetra-through octacongener emitted using EPA Reference
Method 23 of 40 CFR part 60, appendix
A–7;
(2) For each dioxin/furan congener
measured in accordance with paragraph
(k)(1) of this section, multiply the
congener concentration by its
corresponding TEQ factor specified in
Table 2 of this subpart;
(3) Sum the products calculated in
accordance with paragraph (k)(2) of this
section to obtain the total concentration
of dioxins/furans emitted in terms of
TEQ.
(l) You must use EPA Reference
Method 26 or 26A of 40 CFR part 60,
appendix A–8 to measure HCl
emissions. You may use HCl CEMS as
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an alternative to demonstrate
compliance with the HCl emissions
limit;
(m) You must use EPA Reference
Method 29 of 40 CFR part 60, appendix
A–8 to measure Pb, Cd and Hg
emissions. You may use ASTM D6784–
02 (incorporated by reference in 40 CFR
60.17) as an alternative to EPA
Reference Method 29 for measuring Hg
emissions. You may also use Hg CEMS,
as specified in paragraph (o) of this
section, or a continuous automated
sampling system for monitoring Hg
emissions, as specified in paragraph (q)
of this section, as an alternative to
demonstrate compliance with the Hg
emissions limit. You may use multimetals CEMS, as specified in paragraph
(o) of this section, as an alternative to
EPA Reference Method 29 to
demonstrate compliance with the Pb, Cd
or Hg emissions limits;
(n) You must use EPA Reference
Method 22 of 40 CFR part 60, appendix
A–7 to measure fugitive ash emissions
and determine compliance with the
fugitive ash emissions limit, as
applicable, under § 60.52c(c). The
minimum observation time must be a
series of three 1-hour observations.
(o) If you are using a CEMS to
demonstrate compliance with any of the
emissions limits under §§ 62.14411 or
62.14412, you:
(1) Must determine compliance with
the appropriate emissions limit(s) using
a 12-hour rolling average, calculated as
specified in section 12.4.1 of EPA
Reference Method 19 of 40 CFR part 60,
appendix A–7. Performance tests using
EPA Reference Methods are not required
for pollutants monitored with CEMS.
(2) Must operate a CEMS to measure
oxygen concentration, adjusting
pollutant concentrations to 7 percent
oxygen as specified in paragraph (e) of
this section.
(3) Must operate all CEMS in
accordance with the applicable
procedures under appendices B and F of
40 CFR part 60. For those CEMS for
which performance specifications have
not yet been promulgated (HCl, multimetals), this option takes effect on the
date a final performance specification is
published in the Federal Register or the
date of approval of a site-specific
monitoring plan.
(4) May substitute use of a CO CEMS
for the CO annual performance test and
minimum secondary chamber
temperature to demonstrate compliance
with the CO emissions limit.
(5) May substitute use of an HCl
CEMS for the HCl annual performance
test, minimum HCl sorbent flow rate
and minimum scrubber liquor pH to
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28069
demonstrate compliance with the HCl
emissions limit.
(6) May substitute use of a PM CEMS
for the PM annual performance test and
minimum pressure drop across the wet
scrubber, if applicable, to demonstrate
compliance with the PM emissions
limit.
(p) If you are using a continuous
automated sampling system to
demonstrate compliance with the
dioxin/furan emissions limits, you must
record the output of the system and
analyze the sample according to EPA
Reference Method 23 of 40 CFR part 60,
appendix A–7. This option to use a
continuous automated sampling system
takes effect on the date a final
performance specification applicable to
dioxin/furan from monitors is published
in the Federal Register or the date of
approval of a site-specific monitoring
plan. If you elect to continuously
sample dioxin/furan emissions instead
of sampling and testing using EPA
Reference Method 23 of 40 CFR part 60,
appendix A–7, you must install,
calibrate, maintain and operate a
continuous automated sampling system
and comply with the requirements
specified in 40 CFR 60.58b(p) and (q) of
subpart Eb.
(q) If you are using a continuous
automated sampling system to
demonstrate compliance with the Hg
emissions limits, you must record the
output of the system and analyze the
sample at set intervals using any
suitable determinative technique that
can meet appropriate performance
criteria. This option to use a continuous
automated sampling system takes effect
on the date a final performance
specification applicable to Hg from
monitors is published in the Federal
Register or the date of approval of a sitespecific monitoring plan. If you elect to
continuously sample Hg emissions
instead of sampling and testing using
EPA Reference Method 29 of 40 CFR
part 60, appendix A–8, or an approved
alternative method for measuring Hg
emissions, you must install, calibrate,
maintain and operate a continuous
automated sampling system and comply
with the requirements specified in 40
CFR 60.58b(p) and (q) of subpart Eb.
*
*
*
*
*
23. Section 62.14453 is amended by
revising paragraphs (a) introductory
text, (a)(2) and (b) to read as follows:
■
§ 62.14453
What must I monitor?
(a) If your HMIWI uses combustion
control only, or your HMIWI is
equipped with a dry scrubber followed
by a fabric filter (FF), a wet scrubber, a
dry scrubber followed by a FF and wet
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scrubber, or a selective noncatalytic
reduction (SNCR) system:
*
*
*
*
*
(2) After the date on which the initial
performance test is completed or is
required to be completed under
§ 62.14470, whichever comes first, your
HMIWI must not operate above any of
the applicable maximum operating
parameters or below any of the
applicable minimum operating
parameters listed in Table 3 and
measured as 3-hour rolling averages
(calculated each hour as the average of
the previous 3 operating hours), at all
times except during performance tests.
(b) If you are using an air pollution
control device other than a dry scrubber
followed by a FF, a wet scrubber, a dry
scrubber followed by a FF and a wet
scrubber, or a SNCR system to comply
with the emissions limits under
§ 62.14411, you must petition the EPA
Administrator for site-specific operating
parameters to be established during the
initial performance test and you must
continuously monitor those parameters
thereafter. You may not conduct the
initial performance test until the EPA
Administrator has approved the
petition.
24. Section 62.14454 is amended by
revising paragraphs (a) through (c) and
adding paragraph (e) to read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES2
§ 62.14454 How must I monitor the
required parameters?
(a) Except as provided in
§§ 62.14452(o) through (q), you must
install, calibrate (to manufacturers’
specifications), maintain and operate
devices (or establish methods) for
monitoring the applicable maximum
and minimum operating parameters
listed in Table 3 of this subpart (unless
CEMS are used as a substitute for
certain parameters as specified) such
that these devices (or methods) measure
and record values for the operating
parameters at the frequencies indicated
in Table 3 of this subpart at all times.
For charge rate, the device must
measure and record the date, time and
weight of each charge fed to the HMIWI.
This must be done automatically,
meaning that the only intervention from
an operator during the process would be
to load the charge onto the weighing
device. For batch HMIWI, the maximum
charge rate is measured on a daily basis
(the amount of waste charged to the unit
each day).
(b) For all HMIWI, you must install,
calibrate (to manufacturers’
specifications), maintain and operate a
device or method for measuring the use
of the bypass stack, including the date,
time and duration of such use.
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(c) For all HMIWI, if you are using
controls other than a dry scrubber
followed by a FF, a wet scrubber, a dry
scrubber followed by a FF and a wet
scrubber, or a SNCR system to comply
with the emissions limits under
§ 62.14411, you must install, calibrate
(to manufacturers’ specifications),
maintain and operate the equipment
necessary to monitor the site-specific
operating parameters developed
pursuant to § 62.14453(b).
*
*
*
*
*
(e) If you use an air pollution control
device that includes a FF and are not
demonstrating compliance using PM
CEMS, you must determine compliance
with the PM emissions limit using a bag
leak detection system and meet the
requirements in paragraphs (e)(1)
through (12) of this section for each bag
leak detection system.
(1) Each triboelectric bag leak
detection system must be installed,
calibrated, operated and maintained
according to the ‘‘Fabric Filter Bag Leak
Detection Guidance,’’ (EPA–454/R–98–
015, September 1997). This document is
available from the U.S. Environmental
Protection Agency (U.S. EPA); Office of
Air Quality Planning and Standards;
Sector Policies and Programs Division;
Measurement Policy Group (D–243–02),
Research Triangle Park, NC 27711. This
document is also available on the
Technology Transfer Network (TTN)
under Emissions Measurement Center
Continuous Emissions Monitoring.
Other types of bag leak detection
systems must be installed, operated,
calibrated and maintained in a manner
consistent with the manufacturer’s
written specifications and
recommendations.
(2) The bag leak detection system
must be certified by the manufacturer to
be capable of detecting PM emissions at
concentrations of 10 milligrams per
actual cubic meter (0.0044 grains per
actual cubic foot) or less.
(3) The bag leak detection system
sensor must provide an output of
relative PM loadings.
(4) The bag leak detection system
must be equipped with a device to
continuously record the output signal
from the sensor.
(5) The bag leak detection system
must be equipped with an audible alarm
system that will sound automatically
when an increase in relative PM
emissions over a preset level is detected.
The alarm must be located where it is
easily heard by plant operating
personnel.
(6) For positive pressure FF systems,
a bag leak detector must be installed in
each baghouse compartment or cell.
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(7) For negative pressure or induced
air FF, the bag leak detector must be
installed downstream of the FF.
(8) Where multiple detectors are
required, the system’s instrumentation
and alarm may be shared among
detectors.
(9) The baseline output must be
established by adjusting the range and
the averaging period of the device and
establishing the alarm set points and the
alarm delay time according to section
5.0 of the ‘‘Fabric Filter Bag Leak
Detection Guidance.’’
(10) Following initial adjustment of
the system, the sensitivity or range,
averaging period, alarm set points or
alarm delay time may not be adjusted.
In no case may the sensitivity be
increased by more than 100 percent or
decreased more than 50 percent over a
365-day period unless such adjustment
follows a complete FF inspection that
demonstrates that the FF is in good
operating condition. Each adjustment
must be recorded.
(11) Record the results of each
inspection, calibration and validation
check.
(12) Initiate corrective action within 1
hour of a bag leak detection system
alarm; operate and maintain the FF such
that the alarm is not engaged for more
than 5 percent of the total operating
time in a 6-month block reporting
period. If inspection of the FF
demonstrates that no corrective action is
required, no alarm time is counted. If
corrective action is required, each alarm
is counted as a minimum of 1 hour. If
it takes longer than 1 hour to initiate
corrective action, the alarm time is
counted as the actual amount of time
taken to initiate corrective action.
25. Section 62.14455 is amended as
follows:
■ a. By revising paragraphs (a) through
(e);
■ b. By redesignating paragraphs (f)
through (h) as paragraphs (g) through (i);
■ c. By adding new paragraph (f) ; and
■ d. By revising newly redesignated
paragraphs (g) and (h).
The revisions and addition read as
follows:
■
§ 62.14455 What if my HMIWI goes outside
of a parameter limit?
(a) Operation above the established
maximum or below the established
minimum operating parameter(s)
constitutes a violation of established
operating parameter(s). Operating
parameter limits do not apply during
performance tests.
(b) Except as provided in paragraph
(g) or (h) of this section, if your HMIWI
uses combustion control only:
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28071
And your HMIWI . . .
Then you are in violation of . . .
Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber
temperature (3-hour rolling average) simultaneously.
The PM, CO and dioxin/furan emissions limits.
(c) Except as provided in paragraph (f)
or (g) of this section, if your HMIWI is
equipped with a dry scrubber followed
by a FF:
And your HMIWI . . .
Then you are in violation of . . .
(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber
temperature (3-hour rolling average) simultaneously.
(2) Operates above the maximum FF inlet temperature (3-hour rolling average), above the
maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily
average for batch HMIWI), and below the minimum dioxin/furan sorbent flow rate (3-hour rolling average) simultaneously.
(3) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum HCl sorbent flow rate
(3-hour rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum Hg sorbent flow rate
(3-hour rolling average) simultaneously.
(5) Uses the bypass stack ...............................................................................................................
The CO emissions limit.
(6) Operates above the CO emissions limit as measured by a CO CEMS, as specified in
§ 62.14452(o).
(7) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate compliance with the PM emissions limit and either fails to initiate corrective action within 1 hour of a
bag leak detection system alarm or fails to operate and maintain the FF such that the alarm
is not engaged for more than 5 percent of the total operating time in a 6-month block reporting period.
(8) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate compliance with the opacity limit and either fails to initiate corrective action within 1 hour of a bag
leak detection system alarm or fails to operate and maintain the FF such that the alarm is
not engaged for more than 5 percent of the total operating time in a 6-month block reporting
period.
(9) Operates above the PM emissions limit as measured by a PM CEMS, as specified in
§ 62.14452(o).
(10) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in
§ 62.14452(o).
(11) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(12) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(13) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(14) Operates above the dioxin/furan emissions limit as measured by a continuous automated
sampling system, as specified in § 62.14452(p).
(15) Operates above the Hg emissions limit as measured by a continuous automated sampling
system, as specified in § 62.14452(q).
The dioxin/furan emissions limit.
The HCl emissions limit.
The Hg emissions limit.
The PM, dioxin/furan, HCl, Pb, Cd and Hg
emissions limits.
The CO emissions limit.
The PM emissions limit.a
The opacity limit.a
The PM emissions limit.
The HCl emissions limit.
The Pb emissions limit.
The Cd emissions limit.
The Hg emissions limit.
The dioxin/furan emissions limit.
The Hg emissions limit.
a If inspection of the FF demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm
is counted as a minimum of 1 hour. If it takes longer than 1 hour to initiate corrective action, the alarm time is counted as the actual amount of
time taken to initiate corrective action.
(d) Except as provided in paragraph
(g) or (h) of this section, if your HMIWI
is equipped with a wet scrubber:
tkelley on DSK3SPTVN1PROD with RULES2
And your HMIWI . . .
Then you are in violation of . . .
(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber
temperature (3-hour rolling average) simultaneously.
(2) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum pressure drop across
the wet scrubber (3-hour rolling average) or below the minimum horsepower or amperage to
the system (3-hour rolling average) simultaneously.
The CO emissions limit.
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The PM emissions limit.
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And your HMIWI . . .
Then you are in violation of . . .
(3) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI), below the minimum secondary chamber temperature (3-hour rolling average), and below the minimum scrubber liquor flow rate (3-hour
rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum scrubber liquor pH
(3-hour rolling average) simultaneously.
(5) Operates above the maximum flue gas temperature (3-hour rolling average) and above the
maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily
average for batch HMIWI) simultaneously.
(6) Uses the bypass stack ...............................................................................................................
The dioxin/furan emissions limit.
(7) Operates above the CO emissions limit as measured by a CO CEMS, as specified in
§ 62.14452(o).
(8) Operates above the PM emissions limit as measured by a PM CEMS, as specified in
§ 62.14452(o).
(9) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in
§ 62.14452(o).
(10) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(11) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(12) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(13) Operates above the dioxin/furan emissions limit as measured by a continuous automated
sampling system, as specified in § 62.14452(p).
(14) Operates above the Hg emissions limit as measured by a continuous automated sampling
system, as specified in § 62.14452(q).
(e) Except as provided in paragraph
(g) or (h) of this section, if your HMIWI
The HCl emissions limit.
The Hg emissions limit.
The PM, dioxin/furan, HCl, Pb, Cd and Hg
emissions limits.
The CO emissions limit.
The PM emissions limit.
The HCl emissions limit.
The Pb emissions limit.
The Cd emissions limit.
The Hg emissions limit.
The dioxin/furan emissions limit.
The Hg emissions limit.
is equipped with a dry scrubber
followed by a FF and a wet scrubber:
Then you are in violation of . . .
(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber
temperature (3-hour rolling average) simultaneously.
(2) Operates above the maximum fabric filter inlet temperature (3-hour rolling average), above
the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI,
daily average for batch HMIWI), and below the minimum dioxin/furan sorbent flow rate (3hour rolling average) simultaneously.
(3) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum scrubber liquor pH
(3-hour rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum Hg sorbent flow rate
(3-hour rolling average) simultaneously.
(5) Uses the bypass stack ...............................................................................................................
tkelley on DSK3SPTVN1PROD with RULES2
And your HMIWI . . .
The CO emissions limit.
(6) Operates above the CO emissions limit as measured by a CO CEMS, as specified in
§ 62.14452(o).
(7) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate compliance with the PM emissions limit and either fails to initiate corrective action within 1 hour of a
bag leak detection system alarm or fails to operate and maintain the FF such that the alarm
is not engaged for more than 5 percent of the total operating time in a 6-month block reporting period.
(8) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate compliance with the opacity limit and either fails to initiate corrective action within 1 hour of a bag
leak detection system alarm or fails to operate and maintain the FF such that the alarm is
not engaged for more than 5 percent of the total operating time in a 6-month block reporting
period.
(9) Operates above the PM emissions limit as measured by a PM CEMS, as specified in
§ 62.14452(o).
(10) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in
§ 62.14452(o).
(11) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(12) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
(13) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified
in § 62.14452(o).
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The dioxin/furan emissions limit.
The HCl emissions limit.
The Hg emissions limit.
The PM, dioxin/furan, HCl, Pb, Cd and Hg
emissions limits.
The CO emissions limit.
The PM emissions limit.a
The opacity limit.a
The PM emissions limit.
The HCl emissions limit.
The Pb emissions limit.
The Cd emissions limit.
The Hg emissions limit.
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And your HMIWI . . .
Then you are in violation of . . .
(14) Operates above the dioxin/furan emissions limit as measured by a continuous automated
sampling system, as specified in § 62.14452(p).
(15) Operates above the Hg emissions limit as measured by a continuous automated sampling
system, as specified in § 62.14452(q).
28073
The dioxin/furan emissions limit.
The Hg emissions limit.
a If inspection of the FF demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm
is counted as a minimum of 1 hour. If it takes longer than 1 hour to initiate corrective action, the alarm time is counted as the actual amount of
time taken to initiate corrective action.
(f) Except as provided in paragraph (g)
or (h) of this section, if your HMIWI is
equipped with a SNCR system:
Then you are in violation of . . .
Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI), below the minimum secondary chamber temperature (3-hour rolling average), and below the minimum reagent flow rate (3-hour rolling
average) simultaneously.
tkelley on DSK3SPTVN1PROD with RULES2
And your HMIWI . . .
The NOX emissions limit.
(g) You may conduct a repeat
performance test within 30 days of
violation of applicable operating
parameter(s) to demonstrate that your
HMIWI is not in violation of the
applicable emissions limit(s). You must
conduct repeat performance tests
pursuant to this paragraph using the
identical operating parameters that
indicated a violation under paragraph
(b), (c), (d), (e), or (f) of this section.
(h) If you are using a CEMS to
demonstrate compliance with any of the
emissions limits in table 1 of this
subpart or § 62.14412, and your CEMS
indicates compliance with an emissions
limit during periods when operating
parameters indicate a violation of an
emissions limit under paragraphs (b),
(c), (d), (e) or (f) of this section, then you
are considered to be in compliance with
the emissions limit. You need not
conduct a repeat performance test to
demonstrate compliance.
*
*
*
*
*
■ 26. Section 62.14460 is amended as
follows:
■ a. By revising paragraph (b)(1)
■ b. By redesignating paragraphs (b)(7)
through (15) as paragraphs (b)(8)
through (16);
■ c. By adding new paragraph (b)(7);
■ d. By revising newly designated
paragraph (b)(16);
■ e. By adding paragraphs (b)(17)
through (19); and
■ f. By revising paragraphs (c), (e), and
(f).
The revisions and additions read as
follows:
§ 62.14460
*
What records must I maintain?
*
*
(a) * * *
(b) * * *
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*
*
17:29 May 10, 2013
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(1) Concentrations of any pollutant
listed in table 1, measurements of
opacity and visible ash;
*
*
*
*
*
(7) Amount and type of NOX reagent
used during each hour of operation, as
applicable;
*
*
*
*
*
(16) All operating parameter data
collected, if you are complying by
monitoring site-specific operating
parameters under § 62.14453(b).
(17) Concentrations of CO, PM, HCl,
Pb, Cd, Hg and dioxin/furan, as
applicable, as determined by the CEMS
or continuous automated sampling
system, as applicable.
(18) Records of the annual air
pollution control device inspections,
any required maintenance and any
repairs not completed within 10 days of
an inspection or the timeframe
established by the Administrator.
(19) Records of each bag leak
detection system alarm, the time of the
alarm, the time corrective action was
initiated and completed and a brief
description of the cause of the alarm
and the corrective action taken, as
applicable.
(c) Identification of calendar days for
which data on emissions rates or
operating parameters specified under
paragraph (b)(1) through (19) of this
section were not obtained, with an
identification of the emissions rates or
operating parameters not measured,
reasons for not obtaining the data, and
a description of corrective actions taken;
*
*
*
*
*
(e) Identification of calendar days for
which data on emissions rates or
operating parameters specified under
paragraphs (b)(1) through (19) of this
section exceeded the applicable limits,
with a description of the exceedances,
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reasons for such exceedances and a
description of corrective actions taken.
(f) The results of the initial, annual
and any subsequent performance tests
conducted to determine compliance
with the emissions limits and/or to
establish or re-establish operating
parameters, as applicable, including
sample calculations, of how the
operating parameters were established
or re-established, if applicable.
*
*
*
*
*
■ 27. Section 62.14463 is amended as
follows:
■ a. By redesignating paragraphs (a)
through (c) as paragraphs (a)(1) through
(3);
■ b. By revising newly designated
paragraphs (a)(1) and (2);
■ c. By adding paragraph (a)(4);
■ d. By redesignating the section
introductory text as paragraph (a)
introductory text;
■ e. By redesignating paragraphs (d)
through (k) as paragraphs (a)(5) through
(12);
■ f. By revising newly designated
paragraphs (a)(5), (11), and (12);
■ g. By adding paragraphs (a)(13)
through (15); and
■ h. By adding new paragraph (b).
The revisions and additions read as
follows:
§ 62.14463 What reporting requirements
must I satisfy?
(a) * * *
(1) The initial performance test data
as recorded under § 62.14451(a);
(2) The values for the site-specific
operating parameters established
pursuant to § 62.14453, as applicable,
and a description, including sample
calculations, of how the operating
parameters were established during the
initial performance test;
*
*
*
*
*
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(4) If you use a bag leak detection
system, analysis and supporting
documentation demonstrating
conformance with the EPA guidance
and specifications for bag leak detection
systems in § 62.14454(e);
(5) The highest maximum operating
parameter and the lowest minimum
operating parameter, as applicable, for
each operating parameter recorded for
the calendar year being reported,
pursuant to § 62.14453, as applicable;
*
*
*
*
*
(11) Any use of the bypass stack,
duration of such use, reason for
malfunction and corrective action taken;
(12) Records of the annual equipment
inspections, any required maintenance
and any repairs not completed within
10 days of an inspection or the time
frame established by the EPA
Administrator (or delegated
enforcement authority);
(13) Records of the annual air
pollution control device inspections,
any required maintenance and any
repairs not completed within 10 days of
an inspection or the time frame
established by the EPA Administrator
(or delegated enforcement authority);
(14) Concentrations of CO, PM, HCl,
Pb, Cd, Hg and dioxin/furan, as
applicable, as determined by the CEMS
or continuous automated sampling
system, as applicable; and
(15) Petition for site-specific operating
parameters under § 62.14453(b).
(b) If you choose to submit an
electronic copy of stack test reports to
the EPA’s WebFIRE database, as of
December 31, 2011, you must enter the
test data into the EPA’s database using
the Electronic Reporting Tool (ERT)
located at https://www.epa.gov/ttn/chief/
ert/ert_tool.html.
■ 28. Section 62.14464 is amended as
follows:
■ a. By revising paragraphs (a) and (b)
and adding paragraph (d) to read as
follows:
tkelley on DSK3SPTVN1PROD with RULES2
§ 62.14464
When must I submit reports?
(a) You must submit the information
specified in § 62.14463(a)(1) through (4)
no later than 60 days following the
initial performance test.
(b) You must submit an annual report
to the EPA Administrator (or delegated
enforcement authority) no more than 1
year following the submission of the
information in paragraph (a) of this
section, and you must submit
subsequent reports no more than 1 year
following the previous report (once the
unit is subject to permitting
requirements under Title V of the CAA,
you must submit these reports
semiannually). The annual report must
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include the information specified in
§ 62.14463(a)(5) through (14), as
applicable.
*
*
*
*
*
(d) You must submit your petition for
site-specific operating parameters
specified in § 62.14463(a)(15) prior to
your initial performance test. You may
not conduct the initial performance test
until the EPA Administrator has
approved the petition.
■ 29. Section 62.14470 is amended as
follows:
■ a. By revising paragraph (a)
introductory text;
■ b. By revising paragraphs (a)(1)
through (a)(3);
■ c. By revising paragraph (b)
introductory text;
■ d. By revising paragraph (b)(1);
■ e. By revising paragraphs (b)(2)(i)
through (v); and
■ f. By revising paragraph (b)(3).
The revisions read as follows:
§ 62.14470 When must I comply with this
subpart if I plan to continue operation of my
HMIWI?
*
*
*
*
*
(a) If you plan to continue operation
and come into compliance with the
requirements of this subpart by May 13,
2014, then you must complete the
requirements of paragraphs (a)(1)
through (a)(4) of this section.
(1) You must comply with the
operator training and qualification
requirements and inspection
requirements (if applicable) of this
subpart by May 13, 2014.
(2) You must achieve final
compliance by May 13, 2014. This
includes incorporating all process
changes and/or completing retrofit
construction, connecting the air
pollution control equipment or process
changes such that the HMIWI is brought
online, and ensuring that all necessary
process changes and air pollution
control equipment are operating
properly.
(3) You must conduct the initial
performance test required by
§ 62.14451(a) within 180 days after the
date when you are required to achieve
final compliance under paragraph (a)(2)
of this section.
*
*
*
*
*
(b) If you plan to continue operation
and come into compliance with the
requirements of this subpart after May
13, 2014, but before October 6, 2014,
then you must complete the
requirements of paragraphs (b)(1)
through (4) of this section.
(1) You must comply with the
operator training and qualification
requirements and inspection
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requirements (if applicable) of this
subpart by May 13, 2014.
(2) * * *
(i) You must submit a final control
plan by May 13, 2016. Your final control
plan must, at a minimum, include a
description of the air pollution control
device(s) or process changes that will be
employed for each unit to comply with
the emissions limits and other
requirements of this subpart.
(ii) You must award contract(s) for onsite construction, on-site installation of
emissions control equipment or
incorporation of process changes by
December 13, 2013. You must submit a
signed copy of the contract(s) awarded.
(iii) You must begin on-site
construction, begin on-site installation
of emissions control equipment or begin
process changes needed to meet the
emissions limits as outlined in the final
control plan by January 6, 2014.
(iv) You must complete on-site
construction, installation of emissions
control equipment or process changes
by August 6, 2014.
(v) You must achieve final
compliance by October 6, 2014. This
includes incorporating all process
changes and/or completing retrofit
construction as described in the final
control plan, connecting the air
pollution control equipment or process
changes such that the HMIWI is brought
online and ensuring that all necessary
process changes and air pollution
control equipment are operating
properly.
(3) You must conduct the initial
performance test required by
§ 62.14451(a) within 180 days after the
date when you are required to achieve
final compliance under paragraph
(b)(2)(v) of this section.
*
*
*
*
*
■ 30. Section 62.14471 is amended as
follows:
■ a. By revising paragraph (a);
■ b. By revising paragraph (b)
introductory text;
■ c. By revising paragraphs (b)(1)
introductory text and (b)(1)(i); and
■ d. By revising paragraphs (b)(2) and
(3).
The revisions read as follows:
§ 62.14471 When must I comply with this
subpart if I plan to shutdown?
*
*
*
*
*
(a) If you plan to shutdown by May
13, 2014, rather than come into
compliance with the requirements of
this subpart, then you must shutdown
by May 13, 2014, to avoid coverage
under any of the requirements of this
subpart.
(b) If you plan to shutdown rather
than come into compliance with the
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tkelley on DSK3SPTVN1PROD with RULES2
*
*
*
*
*
(a) If you plan to shutdown and restart
prior to October 6, 2014, then you must:
(1) Meet the compliance schedule
outlined in § 63.14470(a) if you restart
prior to May 13, 2014; or
(2) Meet the compliance schedule
outlined in § 62.14470(b) if you restart
after May 13, 2014. Any missed
increments of progress need to be
completed prior to or upon the date of
restart.
(b) If you plan to shutdown by May
13, 2014, and restart after October 6,
2014, then you must complete the
requirements of paragraphs (b)(1)
through (b)(5) of this section.
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§ 62.14490
Definitions.
Bag leak detection system means an
instrument that is capable of monitoring
PM loadings in the exhaust of a FF in
order to detect bag failures. A bag leak
detection system includes, but is not
limited to, an instrument that operates
on triboelectric, light-scattering, lighttransmittance or other effects to monitor
relative PM loadings.
*
*
*
*
*
Commercial HMIWI means a HMIWI
which offers incineration services for
hospital/medical/infectious waste
generated offsite by firms unrelated to
the firm that owns the HMIWI.
*
*
*
*
*
Maximum design waste burning
capacity means:
(1) For intermittent and continuous
HMIWI,
Where:
C = HMIWI capacity, lb/hr
PV= primary chamber volume, ft3
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15,000 = primary chamber heat release rate
factor, Btu/ft3/hr
8,500 = standard waste heating value, Btu/lb;
(2) For batch HMIWI,
Where:
C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft3
4.5 = waste density, lb/ft3
8 = typical hours of operation of a batch
HMIWI, hours.
*
*
*
*
*
Minimum reagent flow rate means 90
percent of the highest 3-hour average
reagent flow rate at the inlet to the
SNCR technology (taken, at a minimum,
once every minute) measured during the
most recent performance test
demonstrating compliance with the
NOX emissions limit.
*
*
*
*
*
Minimum secondary chamber
temperature means 90 percent of the
highest 3-hour average secondary
chamber temperature (taken, at a
minimum, once every minute) measured
during the most recent performance test
demonstrating compliance with the PM,
CO, dioxin/furan or NOX emissions
limits.
Modification or Modified HMIWI
means any change to a HMIWI unit after
April 6, 2010, such that:
*
*
*
*
*
■ 33. Section 62.14495 is amended by
revising paragraph (b) and adding
paragraphs (c) through (e) to read as
follows:
§ 62.14495 What authorities will be
retained by the EPA Administrator?
*
*
*
*
*
(b) Approval of alternative methods of
demonstrating compliance under 40
CFR 60.8, including:
(1) Approval of CEMS for PM, HCl,
multi-metals and Hg where used for
purposes of demonstrating compliance,
(2) Approval of continuous automated
sampling systems for dioxin/furan and
Hg where used for purposes of
demonstrating compliance, and
(3) Approval of major alternatives to
test methods;
(c) Approval of major alternatives to
monitoring;
(d) Waiver of recordkeeping
requirements; and
(e) Performance test and data
reduction waivers under 40 CFR 60.8(b).
34. Table 1 to Subpart HHH is revised
to read as follows:
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§ 62.14472 When must I comply with this
subpart if I plan to shutdown and later
restart?
(1) You must shutdown by May 13,
2014.
*
*
*
*
*
(4) You must conduct the initial
performance test required by
§ 62.14451(a) within 180 days after the
date when you restart.
*
*
*
*
*
(c) If you plan to shutdown after May
13, 2014, and restart after October 6,
2014, then you must complete the
requirements of paragraphs (c)(1) and
(2) of this section.
(1) You must petition the EPA for an
extension by following the procedures
outlined in § 63.14471(b)(1) through (3).
*
*
*
*
*
■ 32. Section 62.14490 is amended as
follows:
■ a. By adding a definition for ‘‘Bag leak
detection system’’;
■ b. By adding a definition for
‘‘Commercial HMIWI’’;
■ c. By revising the definition for
‘‘Maximum design waste burning
capacity’’;
■ d. By adding a definition for
‘‘Minimum reagent flow rate’’;
■ e. By revising the definition for
‘‘Minimum secondary chamber
temperature’’; and
■ f. By revising the introductory text to
the definition for ‘‘Modification’’ or
‘‘Modified HMIWI.’’
The revisions and additions read as
follows:
ER13MY13.000
requirements of this subpart but are
unable to shutdown by [May 13, 2014,
then you may petition the EPA for an
extension by following the procedures
outlined in paragraphs (b)(1) through (3)
of this section.
(1) You must submit your request for
an extension to the EPA Administrator
(or delegated enforcement authority) by
[date 90 days after publication of final
rule]. Your request must include:
(i) Documentation of the analyses
undertaken to support your need for an
extension, including an explanation of
why your requested extension date is
sufficient time for you to shutdown
while May 13, 2014, does not provide
sufficient time for shutdown. Your
documentation must include an
evaluation of the option to transport
your waste offsite to a commercial
medical waste treatment and disposal
facility on a temporary or permanent
basis; and
(ii) * * *
(2) You must shutdown no later than
October 6, 2014.
(3) You must comply with the
operator training and qualification
requirements and inspection
requirements (if applicable) of this
subpart by May 13, 2014.
■ 31. Section 62.14472 is amended as
follows:
■ a. By revising paragraph (a);
■ b. By revising paragraph (b)
introductory text;
■ c. By revising paragraphs (b)(1) and
(4);
■ d. By revising paragraph (c)
introductory text; and
■ e. By revising paragraph (c)(1).
The revisions read as follows:
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations
TABLE 1 TO SUBPART HHH OF PART 62—EMISSIONS LIMITS FOR SMALL RURAL, SMALL, MEDIUM AND LARGE HMIWI
You must meet this emissions limit
With these units
(7 percent oxygen,
dry basis)
HMIWI size
For the air pollutant
Using this
averaging time a
And determining
compliance using
this method b
Small rural
Small
Medium
Large
Particulate matter ..
87 (0.038) ...
66 (0.029) ...
46 (0.020) c
34 (0.015) d
25 (0.011) ...
Milligrams per dry
standard cubic
meter (grains
per dry standard
cubic foot).
3-run average (1hour minimum
sample time per
run).
Carbon monoxide
20 ................
20 ................
5.5 ...............
11 ................
Parts per million
by volume.
Dioxins/furans .......
240 (100) or
5.1 (2.2).
16 (7.0) or
0.013
(0.0057).
0.85 (0.37)
or 0.020
(0.0087).
9.3 (4.1) or
0.054
(0.024).
Hydrogen chloride
810 ..............
44 c ..............
15 d ..............
7.7 ...............
6.6 ...............
Nanograms per
dry standard
cubic meter total
dioxins/furans
(grains per billion dry standard cubic feet)
or nanograms
per dry standard
cubic meter
TEQ (grains per
billion dry standard cubic feet).
Parts per million
by volume.
3-run average (1hour minimum
sample time per
run).
3-run average (4hour minimum
sample time per
run).
EPA Reference
Method 5 of appendix A–3 of
part 60, or EPA
Reference
Method M 26A
or 29 of appendix A–8 of part
60
EPA Reference
Method 10 or
10B of appendix
A–4 of part 60
EPA Reference
Method 23 of
appendix A–7 of
part 60
Sulfur dioxide ........
55 ................
4.2 ...............
4.2 ...............
9.0 ...............
Parts per million
by volume.
Nitrogen oxides .....
130 ..............
190 ..............
190 ..............
140 ..............
Parts per million
by volume.
Lead ......................
0.50 (0.22) ..
0.31 (0.14) ..
0.018
(0.0079).
0.036
(0.016).
EPA Reference
Method 26 or
26A of appendix
A–8 of part 60
EPA Reference
Method 6 or 6C
of appendix A–4
of part 60
EPA Reference
Method 7 or 7E
of appendix A–4
of part 60
EPA Reference
Method 29 of
appendix A–8 of
part 60
Cadmium ...............
0.11 (0.048)
0.017
(0.0074).
0.013
(0.0057).
0.0092
(0.0040).
3-run average (1hour minimum
sample time per
run).
EPA Reference
Method 29 of
appendix A–8 of
part 60
Mercury .................
0.051
(0.0022).
0.014
(0.0061).
0.025
(0.011).
0.018
(0.0079).
Milligrams per dry
standard cubic
meter (grains
per thousand
dry standard
cubic feet).
Milligrams per dry
standard cubic
meter (grains
per thousand
dry standard
cubic feet).
Milligrams per dry
standard cubic
meter (grains
per thousand
dry standard
cubic feet).
3-run average (1hour minimum
sample time per
run).
3-run average (1hour minimum
sample time per
run).
3-run average (1hour minimum
sample time per
run).
3-run average (1hour minimum
sample time per
run).
3-run average (1hour minimum
sample time per
run).
EPA Reference
Method 29 of
appendix A–8 of
part 60
a Except
as allowed under §§ 62.14452(o)–(q) for HMIWI equipped with CEMS or continuous automated sampling systems.
not include CEMS, continuous automated sampling systems, and approved alternative non-EPA test methods allowed under
§ 62.14452(d) and (m).
c Limits for those HMIWI for which construction or modification was commenced according to § 62.14400(a)(2)(i).
d Limits for those HMIWI for which construction or modification was commenced according to § 62.14400(a)(2)(ii).
tkelley on DSK3SPTVN1PROD with RULES2
b Does
35. Table 2 to Subpart HHH is revised
to read as follows:
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28077
TABLE 2 TO SUBPART HHH OF PART 62—TOXIC EQUIVALENCY FACTORS
Toxic equivalency factor
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-dioxin ....................................................................................................................................
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin ................................................................................................................................
Octachlorinated dibenzo-p-dioxin ......................................................................................................................................................
2,3,7,8-tetrachlorinated dibenzofuran ................................................................................................................................................
2,3,4,7,8-pentachlorinated dibenzofuran ...........................................................................................................................................
1,2,3,7,8-pentachlorinated dibenzofuran ...........................................................................................................................................
1,2,3,4,7,8-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 dibenzofuran .....................................................................................................................................
1,2,3,4,7,8,9-heptachlorinated dibenzofuran .....................................................................................................................................
Octachlorinated dibenzofuran ............................................................................................................................................................
1
1
0.1
0.1
0.1
0.01
0.0003
0.1
0.3
0.03
0.1
0.1
0.1
0.1
0.01
0.01
0.0003
36. Table 3 to Subpart HHH is revised
to read as follows:
TABLE 3 TO SUBPART HHH OF PART 62—OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT
AND RECORDING FREQUENCIES
Minimum frequency
tkelley on DSK3SPTVN1PROD with RULES2
Operating
parameters
to be
monitored
Maximum operating parameters:
Maximum
charge rate.
Maximum FF
inlet temperature.
Maximum
flue gas
temperature.
Minimum operating parameters:
Minimum
secondary
chamber
temperature.
Minimum
dioxin/
furan sorbent flow
rate.
Minimum HCl
sorbent
flow rate.
Minimum
mercury
(Hg) sorbent flow
rate.
VerDate Mar<15>2010
HMIWI
HMIWI with
dry scrubber
followed by FF
HMIWI with
wet scrubber
HMIWI with
dry scrubber
followed by FF
and wet scrubber
HMIWI with
SNCR system
Data measurement
Data recording
HMIWI with
combustion
control only
Once per charge ....
Once per charge ....
✓
✓
✓
✓
✓
Continuous .............
Once per minute ....
........................
✓
........................
✓
........................
Continuous .............
Once per minute ....
........................
........................
✓
✓
........................
Continuous .............
Once per minute ....
✓
✓
✓
✓
✓
Hourly ....................
Once per hour .......
........................
✓
........................
✓
........................
Hourly ....................
Once per hour ........
........................
✓
........................
✓
........................
Hourly ....................
Once per hour ........
........................
✓
........................
✓
........................
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations
TABLE 3 TO SUBPART HHH OF PART 62—OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT
AND RECORDING FREQUENCIES—Continued
Minimum frequency
Operating
parameters
to be
monitored
Minimum
pressure
drop
across the
wet scrubber or minimum
horsepower or
amperage
to wet
scrubber.
Minimum
scrubber
liquor flow
rate.
Minimum
scrubber
liquor pH.
Minimum reagent flow
rate.
HMIWI
HMIWI with
dry scrubber
followed by FF
HMIWI with
wet scrubber
HMIWI with
dry scrubber
followed by FF
and wet scrubber
HMIWI with
SNCR system
Data measurement
Data recording
HMIWI with
combustion
control only
Continuous .............
Once per minute ....
........................
........................
✓
✓
........................
Continuous .............
Once per minute ....
........................
........................
✓
✓
........................
Continuous .............
Once per minute ....
........................
........................
✓
✓
........................
Hourly ....................
Once per hour .......
........................
........................
........................
........................
✓
[FR Doc. 2013–09427 Filed 5–10–13; 8:45 am]
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BILLING CODE 6560–50–P
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17:29 May 10, 2013
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13MYR2
Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Rules and Regulations]
[Pages 28051-28078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09427]
[[Page 28051]]
Vol. 78
Monday,
No. 92
May 13, 2013
Part III
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 60 and 62
Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before December 1, 2008, and Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators; Final Rule
Federal Register / Vol. 78 , No. 92 / Monday, May 13, 2013 / Rules
and Regulations
[[Page 28052]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 62
[EPA-HQ-OAR-2011-0405 and EPA-HQ-OAR-2006-0534; FRL-9802-3]
RIN 2060-AR-11 and RIN 2060-A004
Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before December 1, 2008, and Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action finalizes amendments to the federal plan and the
new source performance standards for hospital/medical/infectious waste
incinerators. This final action implements national standards
promulgated in the 2009 amendments to the hospital/medical/infectious
waste incinerator emissions guidelines that will result in reductions
in emissions of certain pollutants from all affected units.
DATES: The effective date of this rule is June 12, 2013.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-HQ-OAR-2011-0405 and Legacy Docket ID Number A-98-
24. The EPA has established a docket for the hospital/medical/
infectious waste incinerator (HMIWI) rules under Docket ID Number EPA-
HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All documents in
the docket are listed in the www.regulations.gov index. Although listed
in the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically at
www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC,
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-0964; fax number: (919) 541-3470;
email address: hambrick.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.
I. General Information
A. Does the final action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background Information
A. What is the regulatory development background for this final
rule?
B. What is the purpose of this final rule?
C. What is the status of state plan submittals?
D. What are the elements of the amended HMIWI federal plan?
III. Affected Facilities
A. What is a HMIWI?
B. Does the federal plan apply to me?
C. How do I determine if my HMIWI is covered by an approved and
effective state plan?
IV. Summary of Changes Since Proposal and Response to Public
Comments
A. State Plans and Negative Declarations
B. Visible Ash Emissions Limitation
C. Initial and Annual HMIWI Unit Inspection
V. Summary of Final Amendments to HMIWI Federal Plan
A. What are the final amendments to applicability?
B. What are the final amendments to the emissions limits?
C. What are the final amendments to the waste management plan
requirements?
D. What are the final amendments to the inspection requirements?
E. What are the final amendments to the performance testing and
monitoring requirements?
F. What are the final amendments to the recordkeeping and
reporting requirements?
G. What are the final amendments to the compliance schedule?
H. What are the other final amendments?
VI. Summary of Final Amendments to HMIWI NSPS
A. What are the final amendments to the emissions limits?
VII. HMIWI That Have or Will Shutdown
A. Units That Plan To Close Rather Than Comply
B. Inoperable Units
C. HMIWI That Have Shutdown
VIII. Implementation of the Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan and Retained Authorities
C. Mechanisms for Transferring Authority
D. Implementing Authority
IX. Title V Operating Permits
A. Title V and Delegation of a Federal Plan
X. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions to Address
Environmental Justice (EJ) in Minority Populations and Low-Income
Populations
K. Congressional Review Act
A redline version of the federal plan regulatory language that
incorporates the changes in this action is available in the docket.
I. General Information
A. Does the final action apply to me?
Regulated Entities. If you own or operate an existing HMIWI and are
not already subject to an EPA-approved and effective state plan
implementing the October 6, 2009, revised emissions guidelines (EG),
you may be covered by this final federal plan. Existing HMIWI are those
that commenced construction on or before December 1, 2008, or commenced
modification on or before April 6, 2010. In addition, if you own or
operate a new HMIWI, you may be covered by this final amended new
source performance standard (NSPS). New HMIWI are those that commenced
construction after December 1, 2008, or commenced modification after
April 6, 2010. Regulated categories and entities include those listed
in the following table.
----------------------------------------------------------------------------------------------------------------
Category NAICS* code Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................... 622110 Private hospitals, other health care facilities,
commercial research laboratories, commercial
waste disposal companies, private universities.
622310
[[Page 28053]]
325411
325412
562213
611310
Federal Government............................ 622110 Federal hospitals, other health care facilities,
public health service, armed services.
541710
928110
State/Local/Tribal Government................. 622110 State/local hospitals, other health care
facilities, state/local waste disposal
services, state universities.
562213
611310
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the final
action. To determine whether your facility will be affected by this
amended final action, you should examine the applicability criteria in
Sec. 62.14400 of subpart HHH. If you have any questions regarding the
applicability of the final action to a particular entity, contact the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
the final action will be available on the World Wide Web (WWW) through
the EPA's Technology Transfer Network (TTN). Following signature, a
copy of the final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
Additionally in the rule docket, the EPA will include a redline
strikeout version of the full regulatory text, comparing the 2000 rule
text and the today's final amended rule text.
C. Judicial Review
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
these final rules is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by July 12, 2013. Section 307(d)(7)(B) of the CAA further
provides that ``only an objection to this final rule that was raised
with reasonable specificity during the period for public comment can be
raised during judicial review.'' This section also provides a mechanism
for the EPA to convene a proceeding for reconsideration, ``[i]f the
person raising an objection can demonstrate to EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of this
rule.'' Any person seeking to make such a demonstration to the EPA
should submit a Petition of Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20004, with a copy
to both of the contacts list in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Council (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20004. Note under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.
II. Background Information
A. What is the regulatory development background for this final rule?
Section 129 of the CAA requires the EPA to develop NSPS and EG for
``units combusting hospital waste, medical waste and infectious
waste.'' On September 15, 1997, the EPA promulgated NSPS for new HMIWI,
codified at 40 CFR part 60 subpart Ec, and EG for existing HMIWI,
codified at 40 CFR part 60 subpart Ce. (See 62 FR 48348.) The NSPS and
EG were designed to reduce air pollution emitted from these HMIWI,
including cadmium (Cd), carbon monoxide (CO), dioxins/furans (total, or
2,3,7,8-Tetrachlorodibenzo-p-Dioxin toxic equivalency (TEQ)), hydrogen
chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides
(NOX), opacity, particulate matter (PM) and sulfur dioxide
(SO2). The 1997 NSPS applied to HMIWI for which construction
began after June 20, 1996, and required compliance within 6 months
after startup or by March 16, 1998, whichever date was later. The 1997
EG applied to HMIWI for which construction began on or before June 20,
1996, and required compliance no later than September 15, 2002.
On March 2, 1999, in Sierra Club v. EPA, 167 F.3d 658 (DC Cir.
1999), the Court remanded the rule to the EPA for further explanation
regarding how the EPA derived the maximum achievable control technology
(MACT) emissions standards for HMIWI. The Court did not vacate the
regulations and the regulations remained in effect during the remand.
On July 6, 1999, the EPA proposed the federal plan requirements for
HMIWI units constructed on or before June 20, 1996 (64 FR 36426). The
federal plan covered existing HMIWI located in states that did not have
an approved state plan. Furthermore, the federal plan implemented and
enforced the EG in Indian country until tribes receive approval to
administer their own programs. On August 15, 2000, the EPA promulgated
the federal plan requirements for HMIWI units constructed on or before
June 20, 1996 (65 FR 49868). The 1997 HMIWI rules were fully
implemented by September 2002.
On February 6, 2007, the EPA proposed a response to the Court's
remand of HMIWI. (See 72 FR 5510.) The proposed response would have
revised some of the emissions limits in the NSPS and EG. In addition to
responding to the Court's remand, the EPA also proposed its first 5-
year review of the HMIWI standards. Every 5 years after adopting a MACT
standard under section 129, CAA section 129(a)(5) requires the EPA to
review and, if appropriate, revise the incinerator standards.
On December 1, 2008, the EPA reproposed its response to the Court's
remand and 5-year review (73 FR
[[Page 28054]]
72962). The EPA's decision to repropose its response to the remand was
based on a number of factors, including further rulings by the Court
that were issued after the 2007 proposal was published. In addition,
public comments regarding the 2007 proposal raised issues that, upon
further consideration, the EPA concluded would best be addressed
through a reproposal. In response to public comments on the 2008
reproposal, the EPA further revised the standards and, on October 6,
2009, published final revisions to the September 1997 NSPS and EG to
respond to the remand and satisfy the 5-year review requirement under
CAA section 129(a)(5) (74 FR 51367). On April 4, 2011, the EPA
promulgated amendments to the NSPS and EG, correcting inadvertent
drafting errors in the NOX and SO2 emissions
limits for large HMIWI in the NSPS which did not correspond to our
description of our standard-setting process; correcting erroneous
cross-references in the reporting and recordkeeping requirements in the
NSPS, clarifying that compliance with the EG must be expeditious if a
compliance extension is granted; correcting the inadvertent omission of
delegation of authority provisions in the EG; correcting errors in the
units' description for several emissions limits in the EG and NSPS; and
removing extraneous text from the HCl emissions limit for large HMIWI
in the EG (76 FR 18407).
On April 23, 2012, the EPA proposed amendments to the existing
HMIWI federal plan to implement the amended EG adopted on October 6,
2009, for those states that do not have an approved revised/new state
plan implementing the EG, as amended, in place by October 6, 2011 (77
FR 24272). Also on April 23, 2012, the EPA proposed to amend the NSPS
to better reflect our original intent in the October 6, 2009, final
rule in eliminating an exemption during startup, shutdown and
malfunction (SSM) periods from the requirement to comply with standards
at all times (77 FR 24272). Today's action will finalize the amendments
to the federal plan and NSPS.
B. What is the purpose of this final rule?
Section 129 of the CAA relies upon states as the preferred
implementers of EG for existing HMIWI. For the EG to be enforceable, it
must be implemented through either a state plan approved by the EPA, or
through a federal plan promulgated by notice and comment rulemaking. To
make the HMIWI EG enforceable in states with existing HMIWI, states are
required to submit plans that implement and enforce the amended EG to
the EPA within 1 year of promulgation of the EG. For states that have
existing HMIWI but do not have an EPA-approved and effective plan, the
EPA must develop and implement a federal plan within 2 years following
promulgation of the EG. The federal plan is an interim measure to
ensure that emissions standards are implemented until states assume
their role as the preferred implementers of the EG. States without any
existing HMIWI are directed to submit to the Administrator a letter of
negative declaration certifying that there are no HMIWI in the state.
No plan is required for states that do not have any HMIWI. Hospital/
medical/infectious waste incinerators located in states that mistakenly
submit a letter of negative declaration would be subject to the federal
plan until a state plan becomes approved and effective covering those
HMIWI.
State plans to implement the EG adopted on September 15, 1997, are
already in place and the EPA adopted a HMIWI federal plan on August 15,
2000, (65 FR 49868) to implement the September 15, 1997, EG for those
HMIWI not covered by an approved state plan. Revised or new state plans
to implement the amended EG adopted on October 6, 2009, from 8 states
are final or currently undergoing EPA review to become final. The
deadline for submitting revised/new state plans for EPA review was
October 6, 2010. The EPA strongly encourages states that are unable to
submit approvable revised/new plans to request delegation of the
amended federal. The EPA has not received state plans or negative
declarations from 25 states and or territories. Eight states and or
territories have indicated they intend to accept delegation of the
federal plan.
Today's action finalizes amendments to the HMIWI federal plan to
implement the amended EG adopted on October 6, 2009, for those states
that did not have an approved revised/new state plan in place by
October 6, 2011. Sections 111 and 129 of the CAA and 40 CFR 60.27(c)
and (d) require the EPA to develop, implement and enforce a federal
plan to cover existing HMIWI located in states that do not have an
approved plan within 2 years after promulgation of the EG (by October
6, 2011). The EPA is finalizing amendments to the HMIWI federal plan
now so that a promulgated federal plan will go into place for any such
states, and thus ensuring implementation and enforcement of the amended
HMIWI EG.
The amended EG adopted on October 6, 2009, required improvements in
performance for 50 of the then operating 57 units.\1\ Incineration of
hospital/medical/infectious waste causes the release of a wide array of
air pollutants, some of which exist in the waste feed material and are
released unchanged during combustion, and some of which are generated
as a result of the combustion process itself. The EPA estimated a total
emissions reduction of 393,000 pounds per year of the regulated
pollutants from the 2009 EG, of which acid gases (i.e., HCl and
SO2) comprise about 62 percent, PM about 0.8 percent, CO
about 0.3 percent, NOX about 37 percent, and metals (i.e.,
Pb, Cd and Hg) and dioxins/furans about 0.2 percent. The EPA also
estimated that air pollution control devices that would be installed to
comply with the 2009 rule would also effectively reduce emissions of
pollutants such as polycyclic organic matter (POM) and polychlorinated
biphenyls (PCBs). The 2009 final rule's revised waste management plan
provisions encourage segregation of types of waste that lead to
reductions in emissions, such as chlorinated plastics and PCB-
containing wastes.
---------------------------------------------------------------------------
\1\ See 74 FR 51371-51375, 51396-51399, and 51399-51400 to
reference the regulatory background, summary of final rule changes,
and impacts of the amended EG adopted on October 6, 2009.
---------------------------------------------------------------------------
C. What is the status of state plan submittals?
Sections 111(d) and 129(b)(3) of the CAA, as amended, 42 U.S.C.
7411(d) and 7429(b)(3), authorize the EPA to develop and implement a
federal plan for HMIWI located in states with no approved and effective
state plan. The status of the state plans are outlined in the below
table.
Status of State Plans
------------------------------------------------------------------------
Status States
------------------------------------------------------------------------
I. States with EPA-approved Florida; Illinois; Indiana; West
state plans. Virginia.
[[Page 28055]]
II. Anticipated states to Connecticut; Michigan; Wisconsin.
submit negative declarations
to the EPA.
III. Negative declaration Alabama; Jefferson County (Birmingham),
submitted/EPA approved. Alabama; Arkansas; Delaware; District of
Columbia; Iowa; Kentucky; Jefferson
County (Louisville), Kentucky;
Louisiana; Maine; Massachusetts; New
Hampshire; New York; Forsyth County
(Winston-Salem), North Carolina;
Buncombe County (Asheville), North
Carolina; Philadelphia County,
Pennsylvania; Puerto Rico; Rhode Island;
South Carolina; Vermont; Virginia.
IV. Final state plans Maryland; Missouri; North Carolina; North
submitted to the EPA. Dakota.
V. Draft state plans
submitted to the EPA.
VI. States for which the EPA Huntsville, Alabama; Alaska, American
has not received a draft or Samoa; Arizona; Maricopa County,
final plan or negative Arizona; Pima County, Arizona; Pinal
declaration. County, Arizona; California; Colorado;
Georgia; Guam; Hawaii; Kansas;
Mississippi; Montana; Nebraska; Nevada;
City of Albuquerque, New Mexico; New
Mexico; Mecklenburg County (Charlotte),
North Carolina; Ohio; Oklahoma; South
Dakota; Tennessee; Texas; Utah; Wyoming.
VII. Anticipated states to Idaho; Minnesota; New Jersey; Oregon;
accept delegation of federal Pennsylvania; Allegheny County,
plan. Pennsylvania; Virgin Islands;
Washington.
------------------------------------------------------------------------
The above list shows which states have an EPA approved state plan
in effect by the date of signature of this notice. As Regional Offices
approve state plans, they will also, in the same action, amend the
appropriate subpart of 40 CFR part 62 to codify their approvals.
The EPA will maintain a list of revised/new state plan submittals
and approvals on the TTN Air Toxics Web site at https://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html. The list will help HMIWI owners or
operators determine whether their HMIWI is affected by a state plan or
the federal plan.
Owners and operators of HMIWI can also contact the EPA Regional
Office for the state in which their HMIWI is located to determine
whether there is an approved and effective revised/new state plan in
place. The following table lists the names, email addresses and
telephone numbers of the EPA Regional Office contacts and the states
and protectorates that they cover.
Regional Office Contacts
------------------------------------------------------------------------
Regional States and
Region contact Phone protectorates
------------------------------------------------------------------------
Region I........... Patrick Bird, (617) 918-1287 Connecticut,
bird.patrick@e Massachusetts,
pa.gov. Maine, New
Hampshire,
Rhode Island,
Vermont.
Region II.......... Ted Gardella, (212) 637-3892 New York, New
gardella.antho Jersey, Puerto
ny@epa.gov. Rico, Virgin
Islands.
Region III......... Mike Gordon, (215) 814-2039 Virginia,
gordon.mike@ep Delaware,
a.gov. District of
Columbia,
Maryland,
Pennsylvania,
West Virginia.
Region IV.......... Stan Kukier, (404) 562-9046 Florida,
Kukier.stan@ep Georgia, North
a.gov. Carolina,
Alabama,
Kentucky,
Mississippi,
South
Carolina,
Tennessee.
Region V........... Margaret (312) 353-1151 Minnesota,
Sieffert, Wisconsin,
sieffert.marga Illinois,
ret@epa.gov. Indiana,
Michigan,
Ohio.
Region VI.......... Steve Thompson, (214) 665-2769 Arkansas,
thompson.steve Louisiana, New
@epa.gov. Mexico,
Oklahoma,
Texas.
Region VII......... Lisa Hanlon, (913) 551-7599 Iowa, Kansas,
hanlon.lisa@ep Missouri,
a.gov. Nebraska.
Region VIII........ Kendra (303) 312-6145 Colorado,
Morrison, Montana, North
Morrison.kendr Dakota, South
a@epa.gov. Dakota, Utah,
Wyoming.
Region IX.......... Joseph Lapka, (415) 947-4226 Arizona,
lapka.joseph@e California,
pa.gov. Hawaii,
Nevada,
American
Samoa, Guam,
Northern
Mariana
Islands.
Region X........... Heather Valdez, (206) 553-6220 Alaska, Idaho,
valdez.heather Oregon,
@epa.gov. Washington.
------------------------------------------------------------------------
D. What are the elements of the amended HMIWI Federal Plan?
Section 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require states to develop and implement state plans for
HMIWI to implement and enforce the promulgated EG. Subparts B and Ce of
40 CFR part 60 require states to submit state plans that include
specified elements. Because this federal plan is being adopted in lieu
of state plans, it includes the same essential elements: (1)
Identification of legal authority and mechanisms for implementation;
(2) inventory of HMIWI; (3) emissions inventory; (4) emissions limits;
(5) compliance schedules; (6) public hearing; (7) testing, monitoring,
recordkeeping and reporting; (8) waste management plan; (9) operator
training and qualification; and (10) progress reporting. See 40 CFR
part 62, subparts HHH and sections 111 and 129 of the CAA. Each element
was discussed in detail as it relates to the federal plan in the
preamble of the proposed rule (77 FR 24272). The EPA received a total
of five public comments suggesting corrections to which states
submitted state plans or negative declarations and regulatory text
edits regarding visible emissions and annual inspections. A summary of
these comments and the EPA's responses is presented in section IV.
``Summary of Changes Since Proposal and Response to Public Comments''
of this preamble.
III. Affected Facilities
A. What is a HMIWI?
The term ``HMIWI'' means any device that combusts any amount of
hospital waste and/or medical/infectious waste, as defined in 40 CFR
part 62, subpart HHH. Six types of combustion units,
[[Page 28056]]
which are listed in Sec. 62.14400 of subpart HHH, are conditionally
exempt from specific provisions of the currently promulgated 2000
federal plan and would continue to be so under today's final amended
federal plan.
B. Does the federal plan apply to me?
Today's final amended federal plan will apply to you if you are the
owner or operator of a combustion device that combusts hospital waste
and/or medical/infectious waste (as defined in subpart HHH) and the
device is not covered by an approved and effective state plan as of
October 6, 2011. The federal plan will cover your HMIWI until the EPA
approves a state plan that covers your HMIWI and that plan becomes
effective.
If you began the construction of your HMIWI on or before December
1, 2008, or began modification of your HMIWI on or before April 6,
2010, it is considered an existing HMIWI and could be subject to the
federal plan. If you began the construction of your HMIWI after
December 1, 2008, or began modification of your HMIWI after April 6,
2010, it is considered a new HMIWI and subject to the NSPS.
Your existing HMIWI will be subject to this federal plan if, on the
effective date of the amended federal plan, the EPA has not approved
the revised/new state plan implementing the amended EG that covers your
unit or the EPA-approved state plan has not become effective. The
specific applicability of the currently promulgated federal plan is
described in 40 CFR 62.14400 through 62.14403 of subpart HHH, and
continues to apply, as amended, under the final revised federal plan.
The amended federal plan will become effective 30 days after final
promulgation of these amendments.
Once an approved revised/new state plan is in effect, the final
amended federal plan will no longer apply to HMIWI covered by such
plan. An approved state plan is a plan developed by a state that the
EPA has reviewed and approved based on the requirements in 40 CFR part
60, subpart B, to implement and enforce 40 CFR part 60, subpart Ce. The
state plan is effective on the date specified in the notice published
in the Federal Register announcing the EPA's approval of the plan.
Today's promulgation of an amended HMIWI federal plan will not preclude
states from submitting a plan or seeking delegation of the federal
plan. If a state submits a plan after the promulgation of amendments to
the HMIWI federal plan, the EPA will review and approve or disapprove
the state plan. If the EPA approves a plan, then the amended HMIWI
federal plan will no longer apply to HMIWI covered by the state plan as
of the effective date of the state plan. If a HMIWI were overlooked by
a state and the state submitted a negative declaration letter, or if an
individual HMIWI were not covered by an approved and effective state
plan, the HMIWI will be subject to this final amended federal plan. If
a state or tribe intends to take delegation of the amended federal
plan, the state or tribe should submit to the appropriate EPA Regional
Office a written request for delegation of authority as described in
section VIII. B. ``Delegation of the Federal Plan and Retained
Authorities''.
C. How do I determine if my HMIWI is covered by an approved and
effective state plan?
Part 62 of Title 40 of the CFR identifies the status of approval
and promulgation of section 111(d) and section 129 state plans for
designated facilities in each state. However, part 62 is updated only
once per year. Thus, if part 62 does not indicate that your state has
an approved and effective plan, you should contact your state
environmental agency's air director or your EPA Regional Office (see
table in section II.C of this preamble) to determine if approval
occurred since publication of the most recent version of part 62.
IV. Summary of Changes Since Proposal and Response to Public Comments
Today's rules will be finalized as proposed except in several areas
that were revised for further clarification as a result of public
comments received. Furthermore, although the EPA did not receive
adverse comments on the schedule for sources to show they have met
increments of progress, the EPA has adjusted the schedule to account
for the timeframe of signature of this federal plan and not impose any
deadlines retroactively. The EPA received a total of five public
comments on the proposed amended federal plan rulemaking, one of which
was also inadvertently duplicated and submitted to the NSPS docket. No
public hearing was requested, and therefore, none was held. After
consideration of all the public comments received and due to the
extended timeframe for finalizing the rule, the EPA is making several
changes to the amended federal plan. The following section is a summary
of the public comments received, our responses and rationale for the
changes made. All of the public comments are located in the respective
dockets, which can be accessed by following the instructions outlined
in the ADDRESSES section of this preamble. Additional discussion on the
revisions to the schedule for increments of progress can be found in
section V.G. of this preamble.
A. State Plans and Negative Declarations
Comment: A number of commenters identified inadvertent mistakes in
the table outlining the status of the state plan submittals at
proposal. Specifically, commenters identified that the state of Alabama
did submit to the EPA a formal letter of negative declaration declaring
that no HMIWI unit is located within the boundaries of the state.
Additionally, commenters identified that the states of Missouri and
North Carolina did in fact obtain state plan approval from the EPA.
Commenters further clarified that the state of Alaska withdrew their
letter of negative declaration submitted to the EPA in 2012.
Response: The EPA agrees with the commenters and has corrected the
status of their state submittals in section II. C. of this final
preamble. The EPA will maintain a list of revised/new state plan
submittals and approvals on the TTN Air Toxics Web site at https://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html.
B. Visible Ash Emissions Limitation
Comment: One commenter highlighted that proposed section
62.14412(b) requires all HMIWI to not discharge visible emissions of
combustion ash from an ash conveying system to the atmosphere in excess
of 5 percent of the observation period. The commenter further
identified that the 2009 EG, by referencing the NSPS, only establishes
a visible emissions standard for combustion ash from an ash conveying
system for those sources defined in section 60.50c(a)(1) and (a)(2)
(large HMIWI for which construction commenced between June 20, 1996,
and December 1, 2008, or which modification commenced between March 16,
1998, and April 6, 2010), and 60.50c(a)(3) and (4) (i.e., those HMIWI
subject to the NSPS for which construction commenced after December 1,
2008, or for which modification commenced after April 6, 2010).
Existing sources, regulated under the EG and as defined in section
60.32e(a)(1) (HMIWI which construction was commenced on or before June
20, 1996, or for which modification was commenced on or before March
16, 1998), are not required to meet a visible emission standard for
combustion ash from an ash conveying system. The commenter requests
that the EPA
[[Page 28057]]
update the amendatory text by deleting section 62.14412(b) so that the
final federal plan reflects the EG.
Response: The EPA agrees with the commenter's interpretation of
proposed section 62.14412(b) and the 2009 EG. Under the 1997 NSPS in
section 60.52c(c), new large HMIWI were subject to a 5 percent visible
emissions limit for fugitive emissions generated during ash handling.
To demonstrate compliance with this emissions limit, new large HMIWI
were required under section 60.56c(b)(12) to conduct annual performance
tests for fugitive emissions from ash handling using EPA Method 22. The
1997 EG, in sections 60.37e(a) and (b), did not apply this 5 percent
visible emissions limit requirement to existing HMIWI. As the commenter
points out, existing sources, as regulated under the 2009 EG and
defined in section 60.32e(a)(1), are not required to meet a visible
emission standard for combustion ash from an ash conveying system.
However, in the 2009 amendments to the EG in sections 60.37e(a)(2) and
(b)(2), the EPA did not carry forward the exclusion of the minimal
testing requirement to the other HMIWI that became subject to the
amended emission standards. The EPA explained the reasoning for this in
the preambles to the 2007 proposal and 2008 re-proposed EG stating that
the testing provision was selected to provide additional assurance that
sources continue to operate at the levels established during their
first performance test. Existing HMIWI will be required to measure
fugitive ash emissions during their next performance test.
Specifically, sections 60.37e(a)(2) and 60.37e(b)(2) of the 2009 EG
provide that facilities defined in section 60.32e(a)(1) and (a)(2)
subject to the emissions limits in section 60.33e(a)(2), 60.33e(a)(3)
and 60.33e(b)(2) would no longer be excluded from the requirement for a
one-time fugitive emissions test as listed in section 60.56c(b)(14) of
subpart Ec. In order for the final amended federal plan to be
consistent with the 2009 EG, the EPA is revising section 62.14412(b) in
the amendatory regulatory text to clarify that the visible emissions
limit only applies to HMIWI as defined in Sec. 62.14400(a)(2)(ii) and
utilizing a large HMIWI. Facilities that were already subject to the
visible emissions ash handling standard as new sources under the 1998
NSPS, but which are treated as existing sources under the 2009 EG,
remain subject to the limit.
C. Initial and Annual HMIWI Unit Inspection
Comment: One commenter pointed out that section 62.14440(a) and
62.14441(a) and (b) only address initial and annual HMIWI inspection
requirements for small rural HMIWI; however section 60.36e(a) (EG)
requires each affected source under sections 60.33e(a)(2) and (a)(3) to
undergo equipment inspections. Furthermore, the commenter stated that
section 62.14463(a)(13) requires records be reported of the annual air
pollution control device inspections, any required maintenance and any
repairs not completed within 10 days of an inspection of the time frame
established by the EPA Administrator, or delegated enforcement
authority. The commenter requests that the EPA revise the amendatory
text so that the HMIWI inspection monitoring, recordkeeping and
reporting requirements are consistent within 40 CFR part 62 subpart HHH
and reflect the intent of 40 CFR part 60 subpart Ce.
Response: The EPA agrees with the commenter's interpretation that
the proposed section 62.14440(a) and 62.1441(a) and (b) only address
initial and annual HMIWI inspection requirements for small rural HMIWI
and this is inconsistent with what is reflected in the EG at 60.36e.
The EG requires each affected source subject to emissions limitations
under sections 60.33e(b), 60.33e(a)(2) and 60.33e(a)(3) to undergo
HMIWI equipment and air pollution control device inspections. The EPA
has made minor revisions to sections 62.14440, 62.14441 and 62.14463 in
order to clarify that all units are required to conduct initial and
annual HMIWI equipment and air pollution control device inspections and
the inspections must be documented in a record and reported to the
agency. The recordkeeping and reporting requirements include
documenting and submitting to the Administrator or the delegated
authority any required maintenance and any repairs not completed within
10 days of an inspection. These revisions to the amended federal plan
will ensure consistency with the 2009 EG.
V. Summary of Final Amendments to HMIWI Federal Plan
A summary of each amended plan element of the final amended federal
plan is described below. The table below lists each amended element and
identifies where it is located or codified.
------------------------------------------------------------------------
Element of the HMIWI federal plan Location
------------------------------------------------------------------------
Legal authority and enforcement Sections 129(b)(3), 111(d),
mechanism. 301(a), and 301(d)(4) of the
CAA.
Inventory of affected HMIWI units...... Docket EPA-HQ-OAR-2011-0405.
Inventory of emissions................. Docket EPA-HQ-OAR-2011-0405.
Emissions limits....................... 40 CFR 62.14410-62.14413.
Compliance schedules................... 40 CFR 62.14470-62.14472.
Operator training and qualification.... 40 CFR 62.14420-62.14425.
Waste management plan.................. 40 CFR 62.14430-62.14432.
Record of public hearings.............. Docket EPA-HQ-OAR-2011-0405.
Testing, monitoring, recordkeeping and 40 CFR 62.14440-62.14465.
reporting.
Progress reports....................... Section V.G. of this preamble.
------------------------------------------------------------------------
A. What are the final amendments to applicability?
Today's action finalizes the amendments to applicability as
proposed. The amended federal plan reflects new dates defining what are
``existing'' and ``new'' sources for purposes of the revised 2009 NSPS
and EG. All HMIWI that complied with the 1997 EG (i.e., those units for
which construction commenced on or before June 20, 1996, or for which
modification commenced on or before March 16, 1998) are still
considered ``existing'' sources under the 2009 amended EG and are
required to meet the emissions limits by the applicable compliance date
for the amended EG. All HMIWI that complied with the 1997 NSPS (i.e.,
those units for which construction commenced after June 20, 1996, but
no later than December 1, 2008, or for which modification commenced
after March 16, 1998, but no later than April 6, 2010) are also
considered ``existing'' sources under the amended EG. Those HMIWI are
required to meet the emissions limits under the amended EG by the
applicable compliance date for the amended EG, except where the
[[Page 28058]]
corresponding 1997 NSPS is more stringent, in which case those HMIWI
are to continue to comply with the 1997 NSPS. In the interim, those
1997 NSPS sources that must meet the amended EG must continue to be
subject to the NSPS as promulgated in 1997 until the date for
compliance with the revised EG. Those units for which construction
commenced after the December 1, 2008, HMIWI proposal, or for which
modification commenced on or after April 6, 2010, are considered
``new'' units subject to more stringent revised NSPS emissions limits.
B. What are the final amendments to the emissions limits?
Today's action finalizes the revised emissions limits as proposed.
The revised emissions limits mirror the 2009 EG emissions limits which
respond to a Court remand of the 1997 regulations and satisfies the 5-
year review requirement under CAA section 129(a)(5).
Today's final action removes the SSM exemption from the 2000
federal plan at 40 CFR 62.14413, and finalizes that the emissions
limits apply at all times, for the same reasons as outlined in the 2009
EG at 74 FR 51375. Additionally, today's action finalizes two 1997 NSPS
emissions limits that are more stringent than the corresponding 2009
amended EG limits. As specified in the 2009 amended EG, those HMIWI
that previously complied with the 1997 NSPS and are now considered
existing units, would have to continue to comply with the more
stringent 1997 NSPS limits. Furthermore, as promulgated in the 2009
amendments to the EG, this final amended federal plan requires that
HMIWI as defined in sections 62.14400 conduct a one-time initial ash
handling fugitive emissions test using EPA Method 22 to provide
additional assurance that sources continue to operate at the levels
established during their initial performance test. Furthermore, units
as defined in Sec. 62.14400(a)(2)(ii) and utilizing a large HMIWI are
additionally required to demonstrate compliance with a 5 percent
visible emissions limit for fugitive emissions and test annually using
EPA Method 22. Lastly, as clarified in the 2009 amendments to the EG,
the EPA added additional columns to the emissions limits table in the
HMIWI federal plan to include averaging times and EPA reference test
methods.
Table 1 of this preamble summarizes the amended EG emissions limits
in today's final rule.
Table 1--Summary of EG Emissions Limits Promulgated in Response to the
Remand for Existing HMIWI \3\
------------------------------------------------------------------------
Final
Pollutant (units) Unit size \1\ limit \2\
------------------------------------------------------------------------
HCl (ppmv).......................... L..................... 6.6
M..................... 7.7
S..................... 44
SR.................... 810
CO (ppmv)........................... L..................... 11
M..................... 5.5
S, SR................. 20
Pb (mg/dscm)........................ L..................... 0.036
M..................... 0.018
S..................... 0.31
SR.................... 0.50
Cd (mg/dscm)........................ L..................... 0.0092
M..................... 0.013
S..................... 0.017
SR.................... 0.11
Hg (mg/dscm)........................ L..................... 0.018
M..................... 0.025
S..................... 0.014
SR.................... 0.0051
PM (gr/dscf)........................ L..................... 0.011
M..................... 0.020
S..................... 0.029
SR.................... 0.038
Dioxins/furans, total (ng/dscm)..... L..................... 9.3
M..................... 0.85
S..................... 16
SR.................... 240
Dioxins/furans, TEQ (ng/dscm)....... L..................... 0.054
M..................... 0.020
S..................... 0.013
SR.................... 5.1
NOX (ppmv).......................... L..................... 140
M, S.................. 190
SR.................... 130
SO2 (ppmv).......................... L..................... 9.0
M, S.................. 4.2
SR.................... 55
Opacity (%)......................... L, M, S, SR........... 6.0
------------------------------------------------------------------------
\1\ L = Large (>500 lb/hr of waste); M = Medium (>200 to <=500 lb/hr of
waste); S = Small (<=200 lb/hr of waste); SR = Small rural (small
HMIWI >50 miles from boundary of nearest SMSA, burning <2,000 lb/wk of
waste).
\2\ All emissions limits are reported as corrected to 7 percent oxygen.
\3\ The 2009 EG requires that the emissions limits as listed above in
Table 1, regardless of a SSM event, be met at all times. However, in
one provision of the NSPS, section 60.56c(d)(2), the EPA inadvertently
failed to delete a SSM exemption we had intended to eliminate, and to
better reflect the EPA's intent in the 2009 final rule, today's final
action also amends that section of the NSPS to remove the accidentally
retained SSM exemption. Please see section VI of this preamble.
C. What are the final amendments to the waste management plan
requirements?
Today's action finalizes the waste management plan as proposed. The
amended federal plan's waste management plan provisions reflect the
2009 EG to promote the segregation of chlorinated plastics and PCB-
containing wastes and specify that commercial facilities train and
educate their clients to conduct their own waste segregation.
D. What are the final amendments to the inspection requirements?
Today's action finalizes additional rule language that clarify
inspection requirements that all units are required to conduct HMIWI
equipment and air pollution control device inspections. The rule
requires that an initial inspection be conducted, and, starting 1 year
after that initial inspection, annual inspections must be completed,
documented in a record, and reported to the agency. The recordkeeping
and reporting requirements include documenting and submitting to the
Administrator or the delegated authority any required maintenance and
any repairs not completed within 10 days of an inspection. These
provisions reflect the amended 2009 EG.
E. What are the final amendments to the performance testing and
monitoring requirements?
Today's action finalizes the testing and monitoring requirements as
proposed.
1. Performance Testing
First, today's final amended federal plan requires that all HMIWI,
including small rural units, conduct initial performance tests for all
nine pollutants and opacity to demonstrate initial compliance with the
revised emissions limits and conduct annual performance tests on Co,
HCl, opacity and PM. The amended federal plan allows for less frequent
testing if the facility demonstrates that it is in compliance with the
emissions limits for three consecutive performance tests.
Second, today's final amended federal plan requires existing HMIWI
to conduct a test to assess fugitive ash emissions during their next
performance test to provide additional assurance that sources continue
to operate at the levels established during their initial performance
test. Hospital/Medical/Infectious Waste Incinerators as defined in
section 62.14400(a)(2)(ii) and utilizing a large HMIWI are additionally
required to meet this provision annually in order to demonstrate
compliance with the 5 percent visible emissions limit.
Third, today's final amended federal plan allows sources to use
results of their previous emissions tests to demonstrate initial
compliance with the revised emissions limits as long as the sources
certify that the previous test results are representative of current
operations. Only those sources who could not certify and/or whose
previous
[[Page 28059]]
emissions tests do not demonstrate compliance with one or more revised
emissions limits would be required to conduct another emissions test
for those pollutants. (Note that most sources were already required
under the 1997 EG to test for CO, HCl, opacity and PM on an annual
basis and those annual tests are still required.)
Fourth, today's final amended federal plan incorporates by
reference two alternatives to EPA reference test methods, American
Society of Mechanical Engineers (ASME) PTC 19.10-1981 and American
Society for Testing and Materials International (ASTM) D6784-02)),
discussed further in section X.I. titled, ``National Technology
Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
Today's final amended federal plan retains previous parameter
monitoring requirements and, as proposed, adds a parameter requirement
for those HMIWI expected to install selective noncatalytic reduction
(SNCR) systems in order to comply with the more stringent
NOX emissions limits. Those HMIWI installing SNCR technology
to comply with the NOX emissions limit are required to
continuously monitor the charge rate, secondary chamber temperature and
reagent (e.g., ammonia or urea) flow rate. Further, although existing
HMIWI equipped with fabric filters (FFs) are not required to install
bag leak detectors, use of bag leak detectors is an option for these
HMIWI.
Although HMIWI units are not required to use CO, HCl, PM, Hg or
multi-metal continuous emissions monitoring systems (CEMS) or sorbent
trap biweekly Hg and dioxin/furan monitoring systems, such systems are
considered alternative monitoring requirements in lieu of annual
testing for all sources.
3. Electronic Data Submittal
Today's action finalizes the electronic data submittal requirements
as proposed. The EPA is taking a step to increase the ease and
efficiency of data submittal and data accessibility. Hospital/Medical/
Infectious Waste Incinerator facilities have the option of submitting
to the EPA electronic database an electronic copy of annual stack test
reports. Hard-copy paper reporting will remain as an available option
for HMIWI facilities.
As stated in the proposed preamble, should facilities choose the
option of electronic data submittal, the data will be collected through
an electronic emissions test report structure called the Electronic
Reporting Tool (ERT). The ERT will generate an electronic report which
will be submitted to the EPA's Central Data Exchange (CDX) through the
Compliance and Emissions Data Reporting Interface (CEDRI). A
description of the ERT can be found at: https://www.epa.gov/ttn/chief/ert/ and CEDRI can be accessed through the CDX Web site:
(www.epa.gov/cdx).
The option to submit performance test data electronically to the
EPA does not create any additional performance testing requirements and
will only be an option for those performance tests conducted using test
methods that are supported by the ERT. A listing of the pollutants and
test methods supported by the ERT is available at the previously
mentioned ERT Web site. The EPA believes, through this flexible
approach, industry will save time in the performance test submittal
process. Should HMIWI choose the electronic reporting option, the
industry will benefit by cutting back on recordkeeping costs as the
performance test reports that are submitted to the EPA using CEDRI are
no longer required to be kept on-site.
As mentioned in the proposed preamble, state, local and tribal
agencies will benefit from more streamlined and accurate review of
electronic data that will be available on the EPA WebFIRE database
(https://cfpub.epa.gov/webfire/). Additionally performance test data
will become available to the public through WebFIRE. Having such data
publicly available enhances transparency and accountability. The major
advantages of electronic reporting are more fully explained in the
preamble to the proposed rule (77 FR 24272).
In summary, in addition to supporting regulation development,
control strategy development and other air pollution control
activities, having an option of an electronic database populated with
performance test data will save industry, state, local, tribal agencies
and the EPA significant time, money and effort while improving the
quality of emission inventories and the data used in developing air
quality regulations.
F. What are the final amendments to recordkeeping and reporting
requirements?
Today's action finalizes the recordkeeping and reporting
requirements as proposed and clarifies which records and reports are
associated with unit and air pollution control device inspections.
1. Recordkeeping
Today's final amended federal plan adds the requirement that owners
and operators must maintain records of the amount and type of
NOX reagent used, records of the annual unit and air
pollution control device inspections (including any maintenance), and a
description, included with each test report, of how operating
parameters were established during the initial performance test and re-
established during subsequent performance tests.
2. Reporting
Today's final amended federal plan adds requirements for existing
HMIWI to submit, along with each test report, a description of how
operating parameters were established or re-established and submit
records of annual air pollution control device inspections (including
any maintenance).
G. What are the final amendments to the compliance schedule?
Today's action finalizes the compliance schedule with revisions to
the proposed schedule. Today's final revised federal plan requires
owners or operators of HMIWI to either: (1) Come into compliance with
the plan within 1 year after the plan is promulgated; or (2) meet
increments of progress and come into compliance by October 6, 2014.
This final amended federal plan, includes as its compliance schedule
the same five increments of progress from 40 CFR 62.14470(b)(2), along
with defined and enforceable dates for completion of each increment.
The EPA has determined it necessary to adjust the schedule for the
increments of progress to account for the timeframe of promulgation of
this federal plan and to avoid retroactive application of any of the
increment deadlines. The proposed rule would have set forth the first
two increments of progress deadline on October 6, 2012, and May 6,
2013, respectively. Since this federal plan will be finalized after the
October 6, 2012 date, the EPA revised the schedule for the first two
incremental deadlines. The EPA has set the first and second incremental
date to be 3 and 7 months following publication of this federal plan.
The EPA developed this schedule using EPA guidance drafted for enabling
states to draft state plans and set increments of progress. The 2010
State Implementation Guidance Document is available in this rulemaking
docket and through the EPA's TTN.
The HMIWI owner or operator is responsible for meeting each of the
five increments of progress for each HMIWI no later than the applicable
compliance date. The owner or operator must notify the EPA as each
increment of progress
[[Page 28060]]
is achieved, as well as when any is missed. The notification must
identify the increment and the date the increment is achieved (or
missed). If an owner or operator misses an increment deadline, the
owner or operator must also notify the EPA when the increment is
finally achieved. The owner or operator must mail the notification to
the applicable EPA Regional Office within 10 business days after the
increment date defined in the amended federal plan. (See the table
under section II.C. of this document for a list of Regional Offices.)
The definition of each increment of progress, along with its
required completion date, follows.
Submit Final Control Plan. To meet this increment, the owner or
operator of each HMIWI must submit a plan that describes, at a minimum,
the air pollution control device and/or process changes that will be
employed so that each HMIWI complies with the emissions limits and
other requirements. A final control plan is not required for units that
will be shutdown.
Completion Date: August 13, 2013.
Award Contract. To award a contract means the HMIWI owner or
operator enters into legally binding agreements or contractual
obligations that cannot be canceled or modified without substantial
financial loss to the owner or operator. The EPA anticipates that the
owner or operator may award a number of contracts to complete the
retrofit. To meet this increment of progress, the HMIWI owner or
operator must award a contract or contracts to initiate on-site
construction, to initiate on-site installation of air pollution control
devices, and/or to incorporate process changes. The owner or operator
must mail a copy of the signed contract(s) to the EPA within 10
business days of entering the contract(s).
Completion Date: December 13, 2013.
Begin On-site Construction. To begin on-site construction,
installation of air pollution control devices or process change means
to begin any of the following:
(1) Installation of an air pollution control device in order to
comply with the final emissions limits as outlined in the final control
plan;
(2) Physical preparation necessary for the installation of an air
pollution control device in order to comply with the final emissions
limits as outlined in the final control plan;
(3) Alteration of an existing air pollution control device in order
to comply with the final emissions limits as outlined in the final
control plan;
(4) Alteration of the waste combustion process to accommodate
installation of an air pollution control device in order to comply with
the final emissions limits as outlined in the final control plan; or
(5) Process changes identified in the final control plan in order
to meet the emissions standards.
Completion Date: January 6, 2014.
Complete On-site Construction. To complete on-site construction
means that all necessary air pollution control devices or process
changes identified in the final control plan are in place, on-site and
ready for operation on the HMIWI.
Completion Date: August 6, 2014.
Final Compliance. To be in final compliance means to incorporate
all process changes or complete retrofit construction in accordance
with the final control plan and to connect the air pollution control
equipment or process changes such that, if the HMIWI is brought online,
all necessary process changes or air pollution control equipment will
operate as designed.
Completion Date: October 6, 2014.
If a HMIWI does not achieve final compliance by October 6, 2014,
the final amended federal plan, requires the HMIWI to shutdown by
October 6, 2014, complete the retrofit while not operating and be in
compliance upon restarting. Shutdown is necessary in order to avoid
being out of compliance and subject to possible enforcement action.
H. What are the other final amendments?
Today's action finalizes certain other amendments as proposed,
including amending and adding definitions for further clarification and
updating toxic equivalency factors (TEF).
1. Definitions
Today's final action includes the following definitions:
``Minimum secondary chamber temperature'';
``Modification or modified HMIWI'';
``Bag leak detection system'';
``Commercial HMIWI''; and
``Minimum reagent flow rate.''
2. Toxicity Equivalence Factors
Today's final amended federal plan incorporates the latest
revisions to the TEFs as listed in amended Table 2 to subpart HHH in
today's action. These revisions are a result of the January 6, 2011,
Federal Register notice, where the EPA announced the availability of
the final ``Recommended Toxicity Equivalence Factors (TEFs) for Human
Health Risk Assessments of 2,3,7,8-Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds'' (EPA/100/R-10/005).
The revised methodology includes the following changes to TEFs that
HMIWI would use to determine compliance with the HMIWI dioxin/furan TEQ
emissions limits:
------------------------------------------------------------------------
Toxicity equivalency factors
---------------------------------------
Dioxin/furan congener Today's proposed
1997 EG/2000 amendments to
federal plan federal plan
------------------------------------------------------------------------
1,2,3,7,8-pentachlorinated 0.5 1
dibenzo-p-dioxin...............
Octachlorinated dibenzo-p-dioxin 0.001 0.0003
2,3,4,7,8-pentachlorinated 0.5 0.3
dibenzofuran...................
1,2,3,7,8-pentachlorinated 0.05 0.03
dibenzofuran...................
Octachlorinated dibenzofuran.... 0.001 0.0003
------------------------------------------------------------------------
VI. Summary of Final Amendments to HMIWI NSPS
A. What are the final amendments to the emissions limits?
Today's action finalizes the NSPS amendments as proposed. The final
amendment to the HMIWI NSPS removes section 60.56c(d)(2) of subpart Ec
which excluded HMIWI units from having to comply with standards during
periods of SSM provided that no hospital waste or medical/infectious
waste was being charged to the unit during those SSM periods. The EPA
inadvertently failed to delete the SSM exemption we had intended to
eliminate in the 2009 NSPS. The 2009 EG and NSPS requires that the
emissions limits, regardless of a SSM event, be met at all times. To
better reflect the EPA's intent
[[Page 28061]]
in the 2009 final rule, today's final action also amends that section
of the NSPS to remove the accidentally retained SSM exemption.
This action is necessary to make the NSPS continuously applicable,
as required under CAA section 302(k) and under the Court's 2008 Sierra
Club v. EPA ruling. Our rationale for this amendment was presented in
the October 6, 2009, final rule, at 74 FR 51368, 51375 and 51393-95
(October 6, 2009), and we hereby incorporate by reference that
rationale in order to complete the regulatory amendments we intended to
make at the time. Today's action also finalizes the removal of the SSM
exemption from the 2000 federal plan at 40 CFR 62.14413, and finalizes
the requirement that the emissions limits apply at all times, for the
same reasons.
VII. HMIWI That Have or Will Shutdown
A. Units That Plan To Close Rather Than Comply
The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283. Under
today's final amended federal plan if, for compliance purposes, you
plan to permanently close your currently operating HMIWI, you must do
so by May 13, 2014. As described in the proposed preamble, the final
amendments will allow HMIWI owners or operators who are planning to
shutdown, the opportunity to petition the EPA for an extension beyond
the 1-year compliance date (but no later than October 6, 2014). An
example of a facility that might petition the EPA for such an extension
is a facility installing an on-site alternative waste treatment
technology. It is possible that installation cannot be completed within
1 year and the facility has no feasible waste disposal options other
than on-site incineration while the alternative technology is being
installed. The requirements for a petition for an extension to shutdown
under today's final federal plan will update the compliance date
requirements set forth at Sec. 62.14471 of subpart HHH.
If you continue to operate your HMIWI 1 year after May 13, 2014,
then you must comply with the operator training and qualification
requirements and the inspection requirements of the plan by May 13,
2014. This requirement includes HMIWI that comply within 1 year, as
well as those that have been granted an extension beyond the 1-year
compliance date (i.e., HMIWI with extended retrofit schedules and HMIWI
granted an extension to shutdown after the 1-year compliance date). In
addition, while still in operation, you are subject to the same
requirements for Title V operating permits that apply to units that
will not shutdown.
B. Inoperable Units
The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283.
Today's final amended federal plan, includes that in cases where a
HMIWI has already shutdown, has been rendered inoperable and does not
intend to restart, the HMIWI may be left off the source inventory in a
revised/new state plan or this final amended federal plan. A HMIWI that
has been rendered inoperable will not be covered by this amended
federal plan. The HMIWI owner or operator may do one of the following
to render a HMIWI inoperable: (1) Weld the waste charge door shut, (2)
remove stack (and by-pass stack, if applicable), (3) remove combustion
air blowers, or (4) remove burners or fuel supply appurtenances.
C. HMIWI That Have Shutdown
The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283.
Today's final amended federal plan includes any HMIWI that are known to
have already shutdown (but are not known to be inoperable) in the
source inventory. These HMIWI should be identified in any revised/new
state plan submitted to the EPA.
1. Restarting Before the Final Compliance Date
If the owner or operator of an inactive HMIWI plans to restart
before the final compliance date, the owner or operator must submit a
control plan for the HMIWI and bring the HMIWI into compliance with the
applicable compliance schedule. Final compliance is required for all
pollutants and all HMIWI no later than the final compliance date.
2. Restarting After the Final Compliance Date
Under this federal plan, as amended, a control plan is not needed
for inactive HMIWI that restart after the final compliance date.
However, before restarting, operators of these HMIWI would have to
complete the operator training and qualification requirements and
inspection requirements (if applicable) and complete any needed
retrofit or process modifications prior to restarting. Performance
testing to demonstrate compliance would be required within 180 days
after restarting. There is no need to show that the increments of
progress have been met since these steps would have occurred before
restart while the HMIWI was shutdown and not generating emissions. A
HMIWI that operates out of compliance after the final compliance date
would be in violation of the final amended federal plan and subject to
enforcement action.
VIII. Implementation of the Federal Plan and Delegation
A. Background of Authority
The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. Under
sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG
that are applicable to existing solid waste incineration sources. These
EG are not enforceable until the EPA approves a state plan or adopts a
federal plan that implements and enforces them and the state or federal
plan has become effective. As discussed above, the federal plan
regulates HMIWI in states that do not have approved plans in effect to
implement the amended EG.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved. Also, in section 111(d) of the
CAA, Congress explicitly required that the EPA establish procedures
that are similar to those under section 110(c) for state implementation
plans. Although Congress required the EPA to propose and promulgate a
federal plan for states that fail to submit approvable state plans on
time, states may submit approvable revised/new plans after promulgation
of the amended HMIWI federal plan. The EPA strongly encourages states
that are unable to submit approvable revised/new plans to request
delegation of the amended federal plan so that they can have primary
responsibility for implementing the revised EG, consistent with the
intent of Congress.
Approved and effective revised/new state plans or delegation of the
amended federal plan is the EPA's preferred outcome because the EPA
believes that state and local agencies not only have
[[Page 28062]]
the responsibility to carry out the revised EG but also have the
practical knowledge and enforcement resources critical to achieving the
highest rate of compliance. For these reasons, the EPA will do all that
it can to expedite delegation of the amended federal plan to state and
local agencies, whenever possible, in cases where states are unable to
develop and submit approvable state plans.
B. Delegation of the Federal Plan and Retained Authorities
The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. As
similarly described in the 2000 federal plan, if a state or tribe
intends to take delegation of the amended federal plan, the state or
tribe should submit to the appropriate EPA Regional Office a written
request for delegation of authority. The state or tribe should explain
how it meets the criteria for delegation. See generally ``Good
Practices Manual for Delegation of NSPS and NESHAP'' (EPA, February
1983). The letter requesting delegation of authority to implement the
amended federal plan should: (1) Demonstrate that the state or tribe
has adequate resources, as well as the legal and enforcement authority
to administer and enforce the program, (2) include an inventory of
affected HMIWI units, which includes those that have ceased operation
but have not been dismantled, include an inventory of the affected
units' air emissions and a provision for state progress reports to the
EPA, (3) certify that a public hearing is held on the state delegation
request, and (4) include a memorandum of agreement between the state or
tribe and the EPA that sets forth the terms and conditions of the
delegation, the effective date of the agreement, and the mechanism to
transfer authority. Upon signature of the agreement, the appropriate
EPA Regional Office would publish an approval notice in the Federal
Register, thereby incorporating the delegation of authority into the
appropriate subpart of 40 CFR part 62.
If authority is not delegated to a state or tribe, the EPA will
implement the amended federal plan. Also, if a state or tribe fails to
properly implement a delegated portion of the amended federal plan, the
EPA will assume direct implementation and enforcement of that portion.
The EPA will continue to hold enforcement authority along with the
state or tribe even when a state or tribe has received delegation of
the amended federal plan. In all cases where the amended federal plan
is delegated, the EPA will retain and will not transfer authority to a
state or tribe to approve the following items that include additional
items to those listed in the 2000 federal plan as to correspond to
those changes promulgated in the 2009 HMIWI rules:
(1) Alternative site-specific operating parameters established by
facilities using HMIWI controls other than a wet scrubber, dry scrubber
followed by a FF, or dry scrubber followed by a FF and wet scrubber;
(2) Alternative methods of demonstrating compliance, including the
following methods outlined in the October 6, 2009, amendments to the
HMIWI EG:
Approval of CEMS for PM, HCl, multi-metals and Hg where
used for purposes of demonstrating compliance;
Approval of continuous automated sampling systems for
dioxin/furan and Hg where used for purposes of demonstrating
compliance; and
Approval of major alternatives to test methods;
(3) Approval of major alternatives to monitoring (added in 2009
amended EG);
(4) Waiver of recordkeeping requirements (added in 2009 amended
EG); and
(5) Performance test and data reduction waivers under 40 CFR
60.8(b) (added in 2009 amended EG).
Retaining what was established in the 2000 federal plan, today's
final amended federal plan also specifies that HMIWI owners or
operators who wish to establish alternative operating parameters,
alternative methods of demonstrating compliance, major alternatives to
monitoring, waiver of recordkeeping requirements or performance test
and data reduction waivers should submit a request to the Regional
Office Administrator with a copy to the appropriate state.
C. Mechanisms for Transferring Authority
The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. There are
two mechanisms for transferring implementation authority to state and
local agencies: (1) the EPA approval of a revised/new state plan after
the amended federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own revised/new plan, the EPA
delegation to a state of the authority to implement certain portions of
this amended federal plan to the extent appropriate and if allowed by
state law. Both of these options are the same as those first outlined
in the 2000 federal plan and are described in more detail below.
1. Federal Plan Becomes Effective Prior To Approval of a State Plan
After HMIWI in a state become subject to the amended federal plan,
the state or local agency may still adopt and submit a revised/new plan
to the EPA. If the EPA determines that the revised/new state plan is as
protective as the revised EG, the EPA will approve the revised/new
state plan. If the EPA determines that the plan is not as protective as
the revised EG, the EPA will disapprove the plan and the HMIWI covered
in the state plan would remain subject to the amended federal plan
until a revised state plan covering those HMIWI is approved and
effective. Prior to disapproval, the EPA will work with states to
attempt to reconcile areas of the plan that remain not as protective as
the revised EG.
Upon the effective date of a revised/new state plan, the amended
federal plan would no longer apply to HMIWI covered by such a plan and
the state or local agency would implement and enforce the revised/new
state plan in lieu of the amended federal plan. When an EPA Regional
Office approves a revised/new state plan, it will amend the appropriate
subpart of 40 CFR part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
The EPA, in its discretion, may delegate to state agencies the
authority to implement this amended federal plan. As discussed above,
the EPA believes that it is advantageous and the best use of resources
for state or local agencies to agree to undertake, on the EPA's behalf,
administrative and substantive roles in implementing the amended
federal plan to the extent appropriate and where authorized by state
law. If a state requests delegation, the EPA will generally delegate
the entire amended federal plan to the state agency. These functions
include administration and oversight of compliance reporting and
recordkeeping requirements, HMIWI inspections and preparation of draft
notices of violation but will not include any authorities retain by the
EPA. State agencies that have taken delegation, as well as the EPA,
will have responsibility for bringing enforcement actions against
sources violating federal plan provisions.
D. Implementing Authority
The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as
[[Page 28063]]
proposed at 77 FR 24285. The EPA Regional Administrators have been
delegated the authority for implementing the HMIWI federal plan
amendments. All reports required by these amendments to the federal
plan should be submitted to the appropriate Regional Office
Administrator. Section II.C. of this preamble includes a table that
lists names and addresses of the EPA Regional Office contacts and the
states they cover.
IX. Title V Operating Permits
The EPA did not receive any comments on this section and is
therefore finalizing this section as proposed at 77 FR 24285. All
existing HMIWI regulated under state or federal plans implementing the
1997 EG and any HMIWI that was regulated under the 1997 NSPS should
have already applied for and obtained Title V operating permits, as
required under the EG. Title V operating permits assure compliance with
all applicable federal requirements for HMIWI, including all applicable
CAA section 129 requirements. (See 40 CFR 70.2,70.6(a)(1), 71.2 and
71.6(a)(1).) Title V operating permits for the above-noted sources may,
however, need to be reopened to incorporate the requirements of a
revised/new state plan, this amended federal plan or more stringent
NSPS requirements.
For more background information on the interface between CAA
section 129 and Title V, including the EPA's interpretation of CAA
section 129(e), as well as information on submitting Title V permit
applications, updating existing Title V permit applications and
reopening existing Title V permits, see the final Federal Plan for
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68
FR 57518, 57532). See also the final Federal Plan for Hospital Medical
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).
As described in the April 23, 2012 proposal, today's final amended
federal plan maintains the 2000 federal plan approach, specifying that
owners or operators of HMIWI that burn only pathological waste, low-
level radioactive waste and/or chemotherapeutic waste and co-fired
combustors, as defined in Sec. 62.14490 of subpart HHH, must comply
only with certain recordkeeping and reporting requirements set forth in
today's final amended federal plan. (See Sec. 62.14400.) These HMIWI
and co-fired combustors would not be subject to the emissions control-
related requirements of the amended federal plan as long as they comply
with the recordkeeping and reporting requirements, including
maintaining records for five years, set forth as conditions for their
exemption. As described in the April 23, 2012 proposal, the EPA or
delegated enforcement authority will maintain facilities' exemption
claims for as long as the source is operating under such exempt status.
Consistent with the 2000 federal plan, owners and operators of
these sources as listed above would not be required to obtain Title V
operating permits as a matter of federal law if the only reason they
would potentially be subject to Title V is these non-emissions control-
related recordkeeping and reporting requirements. (See Sec. 62.14480.)
Originally explained in the 2000 federal plan, today's rule maintains
that owners and operators of HMIWI that burn only pathological waste,
low-level radioactive waste and/or chemotherapeutic waste and co-fired
combustors that do not comply with the recordkeeping and reporting
requirements necessary to qualify for exemption from the other
requirements of the amended federal plan would become subject to those
other requirements and would have to obtain Title V permits. Moreover
as stated in the 2000 federal plan and again in today's final rule, if,
in the future, the EPA promulgates regulations subjecting any of these
sources to requirements other than these recordkeeping and reporting
requirements, these sources could become subject to Title V at that
time.
A. Title V and Delegation of a Federal Plan
We have previously stated that issuance of a Title V permit is not
equivalent to the approval of a state plan or delegation of a federal
plan.\2\ Legally, delegation of a standard or requirement results in a
delegated state or tribe standing in for the EPA as a matter of federal
law. This means that obligations a source may have to the EPA under a
federally promulgated standard become obligations to a state (except
for functions that the EPA retains for itself) upon delegation.\3\
Although a state or tribe may have the authority under state or tribal
law to incorporate section 111/129 requirements into its Title V
permits, and implement and enforce these requirements in these permits
without first taking delegation of the section 111/129 federal plan,
the state or tribe is not standing in for the EPA as a matter of
federal law in this situation. Where a state or tribe does not take
delegation of a section 111/129 federal plan, obligations that a source
has to the EPA under the federal plan continue after a Title V permit
is issued to the source. As a result, the EPA continues to maintain
that an approved part 70 operating permits program cannot be used as a
mechanism to transfer the authority to implement and enforce the
federal plan from the EPA to a state or tribe.
---------------------------------------------------------------------------
\2\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed federal plan for Commercial Industrial Solid
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the proposed federal plan
for CISWI was reaffirmed in the final federal plan for CISWI,
October 3, 2003 (68 FR 57518, 57535).
\3\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------
As mentioned above, a state or tribe may have the authority under
state or tribal law to incorporate section 111/129 requirements into
its Title V permits, and implement and enforce these requirements in
that context without first taking delegation of the section 111/129
federal plan.\4\ Some states or tribes, however, may not be able to
implement and enforce a section 111/129 standard in a Title V permit
until the section 111/129 standard has been delegated. In these
situations, a state or tribe should not issue a part 70 permit to a
source subject to a federal plan before taking delegation of the
section 111/129 federal plan.
---------------------------------------------------------------------------
\4\ The EPA interprets the phrase ``assure compliance'' in
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation or
requirement which must be included in the Title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------
If a state or tribe can provide an Attorney General's (AG's)
opinion delineating its authority to incorporate section 111/129
requirements into its Title V permits, and then implement and enforce
these requirements through its Title V permits without first taking
delegation of the requirements, then a state or tribe does not need to
take delegation of the section 111/129 requirements for purposes of
Title V permitting.\5\ In practical terms, without approval of a state
or tribal plan, delegation of a federal plan, or an adequate AG's
opinion, states and tribes with approved part 70 permitting programs
open themselves up to potential questions regarding their
[[Page 28064]]
authority to issue permits containing section 111/129 requirements and
to assure compliance with these requirements. Such questions could lead
to the issuance of a notice of deficiency for a state's or tribe's part
70 program. As a result, prior to a state or tribal permitting
authority drafting a part 70 permit for a source subject to a section
111/129 federal plan, the state or tribe, the EPA Regional Office and
source in question are advised to ensure that delegation of the
relevant federal plan has taken place or that the permitting authority
has provided to the EPA Regional Office an adequate AG's opinion.
---------------------------------------------------------------------------
\5\ It is important to note that an AG's opinion submitted at
the time of initial Title V program approval is sufficient if it
demonstrates that a state or tribe has adequate authority to
incorporate CAA section 111/129 requirements into its Title V
permits and to implement and enforce these requirements through its
Title V permits without delegation.
---------------------------------------------------------------------------
In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a federal plan, a section 111/129
source subject to the federal plan in that state must simultaneously
submit to both the EPA and the state or tribe all reports required by
the standard to be submitted to the EPA. Given that these reports are
necessary to implement and enforce the section 111/129 requirements
when they have been included in Title V permits, the permitting
authority needs to receive these reports at the same time as the EPA.
In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a federal plan, the EPA
Regional Offices will be responsible for implementing and enforcing
section 111/129 requirements outside of any Title V permits. Moreover,
in this situation, the EPA Regional Offices will continue to be
responsible for developing progress reports and conducting any other
administrative functions required under this federal plan or any other
section 111/129 federal plan. See the section V.G. of this preamble
titled ``What are the final amendments to the compliance schedule?''.
It is important to note that the EPA is not using its authority
under 40 CFR part 70.4(i)(3) to request that all states and tribes
which do not take delegation of this federal plan submit supplemental
AG's opinions at this time. However, the EPA Regional Offices shall
request, and permitting authorities shall provide, such opinions when
the EPA questions a state's or tribe's authority to incorporate section
111/129 requirements into a Title V permit and implement and enforce
these requirements in that context without delegation.
X. Statutory and Executive Order Reviews
This section addresses the following administrative requirements:
Executive Orders 12866 and 13563, 13132, 13175, 13045, 13211 and 12898,
PRA, RFA, UMRA and the NTTAA. This two-part action finalizes an amended
federal plan and finalizes amendments to the 2009 NSPS. Since this
final amended federal plan rule merely implements the amended HMIWI EG
promulgated on October 6, 2009 (codified at 40 part 60, subpart Ce) as
they apply to HMIWI and the final NSPS amendments clarify the EPA's
original intent removing the SSM exemption in the final NSPS rule
October 6, 2009 (codified at 40 part 60, subpart Ec) and does not
impose any new requirements, much of the following discussion of
administrative requirements refers to the documentation of applicable
administrative requirements in the preamble to the 2009 rule
promulgating the amended EG and NSPS (74 FR 51368-51402, October 6,
2009).
A. Executive Order 12866 and 13563: Regulatory Planning and Review
This final action is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and
is, therefore, not subject to review under the Executive Orders 12866
and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden.
This action finalizes amendments to the HMIWI federal plan to implement
the amended EG adopted on October 6, 2009, for those states that do not
have an approved revised/new state plan implementing the EG.
Additionally, this action also finalizes amendments to the NSPS to
better reflect the EPA's original intent in the October 6, 2009, final
rule in eliminating an exemption during SSM periods from the
requirement to comply with standards at all times. However, the OMB has
previously approved the information collection requirements contained
in the existing regulations 40 CFR part 60 subparts CE and EC under the
provisions on the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB Control Number 2060-0422. The OMB Control Numbers for
EPA's regulation in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities
(SISNOSE). Small entities include small businesses, small organizations
and small governmental jurisdictions.
For purposes of assessing the impacts of this final action on small
entities, small entity is defined as follows: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. During the
2009 HMIWI EG rulemaking, the EPA estimated that a substantial number
of small entities would not be significantly impacted by the
promulgated EG. (See 74 FR at 51400-51401.) This final rule will not
impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This final action does not contain a federal mandate that may
result in expenditures of $100 million or more for state and local
governments, in the aggregate, or the private sector in any one year.
In the preamble to the 2009 EG, the national total cost to comply with
the final rule was estimated to be approximately $15.5 million in each
of the first 3 years of compliance. This final federal plan, as
amended, will apply to only a subset of the units considered in the
cost analysis for the EG, and less than 10 percent of the units
nationwide are state or locally owned. Thus, this rule is not subject
to the requirements of sections 202 or 205 of the UMRA.
This rule is also not subject to the requirements of section 203 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The EPA has
determined that the final rule contains no regulatory requirements that
might significantly or uniquely affect small governments because, as
noted above, the burden is small and the regulation does not unfairly
apply to small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national
[[Page 28065]]
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. This final action will not impose substantial
direct compliance costs on state or local governments and will not
preempt state law. Thus, Executive Order 13132 does not apply to this
proposed action.
In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicited comments on the April 23,
2012, proposal from state and local officials. The EPA did not receive
any comments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final action does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). The EPA is
not aware of any HMIWI owned or operated by Indian tribal governments.
Thus, Executive Order 13175 does not apply to this final action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885; April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
final action is not subject to Executive Order 13045 because it is
based solely on technology performance.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This final action is not subject to Executive Order 13211 (66 FR
28355 (May 22, 2001)), because it is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA, Public Law 104-113 (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,
through OMB, explanations when the EPA decides not to use available and
applicable VCS.
This final rulemaking involves technical standards. The EPA
finalizes to use two VCS in today's action. One VCS, ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in the 2009 EG and
the final rule, as proposed, for its manual method of measuring the
content of the exhaust gas as an acceptable alternative to EPA Method
3B of appendix A-2. This standard is available from the ASME, P.O. Box
2900, Fairfield, NJ 07007-2900; or Global Engineering Documents, Sales
Department, 15 Inverness Way East, Englewood, CO 80112.
Another VCS, ASTM D6784-02, ``Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method),'' is cited in the 2009
EG and the final rule, as proposed, as an acceptable alternative to EPA
Method 29 of appendix A-8 (portion for Hg only) for measuring Hg. This
standard is available from the ASTM International, 100 Barr Harbor
Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
As discussed in the April 23, 2012, proposed rule preamble, while
the EPA has identified 16 VCS as being potentially applicable to the
final rule, we have decided not to use these VCS in this rulemaking.
The use of these VCS would be impractical because they do not meet the
objectives of the standards cited in this final rule. See the docket
for the 2009 EG (Docket ID Number EPA-HQ-OAR-2006-0534), which is being
implemented under today's final action, for the reasons for these
determinations.
Under 40 CFR 62.14495, the EPA Administrator retains the authority
of approving alternative methods of demonstrating compliance as
established under 40 CFR 60.8(b) and 60.13(i) of 40 CFR part 60,
subpart A (NSPS General Provisions). A source may apply to the EPA for
permission to use alternative test methods or alternative monitoring
requirements in place of any required EPA test methods, performance
specifications or procedures.
The EPA did not receive any comments on this aspect of the proposed
rulemaking.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice (EJ) in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629; Feb. 16, 1994) establishes
federal executive policy on EJ. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make EJ part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of their programs, policies and activities on
minority populations and low-income populations in the United States.
The EPA has determined that this final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
This final action implements national standards in the 2009
amendments to the HMIWI EG that would result in reductions in emissions
of Cd, CO, dioxins/furans, HCl, Pb, Hg, NOX, PM and
SO2 from all HMIWI and thus decrease the amount of such
emissions to which all affected populations are exposed.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C., 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a report, which includes a copy of
the rule, to each House of Congress and to the Comptroller General of
the United States. The EPA will submit a report containing this final
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of this final rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C., 804(2). This final rule will be effective on June 12, 2013.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
[[Page 28066]]
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: April 4, 2013
Bob Perciasepe,
Acting Administrator.
For reasons set out in the preamble, 40 CFR parts 60 and 62 are
amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES:
HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. The subpart heading for subpart Ec is revised to read as follows:
Subpart Ec--Standards of Performance for New Stationary Sources:
Hospital/Medical/Infectious Waste Incinerators
0
3. Section 60.56c is amended by revising the first sentence of
paragraph (d)(2) to read as follows:
Sec. 60.56c Compliance and performance testing.
* * * * *
(d) * * *
(2) Following the date on which the initial performance test is
completed or is required to be completed under Sec. 60.8, whichever
date comes first, ensure that the affected facility does not operate
above any of the applicable maximum operating parameters or below any
of the applicable minimum operating parameters listed in table 3 of
this subpart and measured as 3-hour rolling averages (calculated each
hour as the average of the previous 3 operating hours) at all times. *
* *
* * * * *
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
4. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
5. The subpart heading for subpart HHH is revised to read as follows:
Subpart HHH--Federal Plan Requirements for Hospital/Medical/
Infectious Waste Incinerators Constructed On Or Before December 1,
2008
0
6. Section 62.14400 is amended by revising paragraphs (a) introductory
text, (a)(2), and (c) to read as follows:
Sec. 62.14400 Am I subject to this subpart?
(a) You are subject to this subpart if paragraphs (a)(1), (2)(i) or
(ii), and (3) of this section are all true:
* * * * *
(2)(i) Construction of the HMIWI commenced on or before June 20,
1996, or modification of the HMIWI commenced on or before March 16,
1998; or
(ii) Construction of the HMIWI commenced after June 20, 1996 but no
later than December 1, 2008, or modification of the HMIWI commenced
after March 16, 1998 but no later than April 6, 2010; and
* * * * *
(c) Owners or operators of sources that qualify for the exemptions
in paragraphs (b)(1) or (2) of this section must submit records
required to support their claims of exemption to the EPA Administrator
(or delegated enforcement authority) upon request. Upon request by any
person under the regulation at part 2 of this chapter (or a comparable
law or regulation governing a delegated enforcement authority), the EPA
Administrator (or delegated enforcement authority) must request the
records in (b)(1) or (2) from an owner or operator and make such
records available to the requestor to the extent required by part 2 of
this chapter (or a comparable law governing a delegated enforcement
authority). Records required under paragraphs (b)(1) and (2) of this
section must be maintained by the source for a period of at least 5
years. Notifications of exemption claims required under paragraphs
(b)(1) and (2) of this section must be maintained by the EPA or
delegated enforcement authority for as long as the source is operating
under such exempt status. Any information obtained from an owner or
operator of a source accompanied by a claim of confidentiality will be
treated in accordance with the regulations in part 2 of this chapter
(or a comparable law governing a delegated enforcement authority).
0
7. Section 62.14401 is revised to read as follows:
Sec. 62.14401 How do I determine if my HMIWI is covered by an
approved and effective State or Tribal plan?
This part (40 CFR part 62) contains a list of all states and tribal
areas with approved Clean Air Act (CAA) section 111(d)/129 plans in
effect. However, this part is only updated once a year. Thus, if this
part does not indicate that your state or tribal area has an approved
and effective plan, you should contact your state environmental
agency's air director or your EPA Regional Office to determine if
approval occurred since publication of the most recent version of this
part. A state may also meet its CAA section 111(d)/129 obligations by
submitting an acceptable written request for delegation of the federal
plan that meets the requirements of this section. This is the only
other option for a state to meet its 111(d)/129 obligations.
(a) An acceptable Federal plan delegation request must include the
following:
(1) A demonstration of adequate resources and legal authority to
administer and enforce the Federal plan.
(2) The items under Sec. Sec. 60.25(a) and 60.39e(c).
(3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
(4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator who sets forth the terms, conditions and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in the EPA's Delegation Manual, Item 7-139, Implementation and
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) Federal plans.
(b) A state with an already approved HMIWI CAA section 111(d)/129
state plan is not precluded from receiving EPA approval of a delegation
request for the revised Federal plan, providing the requirements of
paragraph (a) of this section are met, and at the time of the
delegation request, the state also requests withdrawal of the EPA's
previous state plan approval.
(c) A state's CAA section 111(d)/129 obligations are separate from
its obligations under Title V of the CAA.
0
8. Section 62.14402 is revised to read as follows:
[[Page 28067]]
Sec. 62.14402 If my HMIWI is not listed on the Federal plan
inventory, am I exempt from this subpart?
Not necessarily. Sources subject to this subpart include, but are
not limited to, the inventory of sources listed in Docket ID Number
EPA-HQ-OAR-2011-0405 for the federal plan. Review the applicability of
Sec. 62.14400 to determine if you are subject to this subpart.
0
9. Section 62.14403 is revised to read as follows:
Sec. 62.14403 What happens if I modify an existing HMIWI?
(a) If you commenced modification (defined in 40 CFR 62.14490) of
an existing HMIWI after April 6, 2010, you are subject to 40 CFR part
60, subpart Ec (40 CFR 60.50c through 60.58c), as amended, and you are
not subject to this subpart, except as provided in paragraph (b) of
this section.
(b) If you made physical or operational changes to your existing
HMIWI solely for the purpose of complying with this subpart, these
changes are not considered a modification and you are not subject to 40
CFR part 60, subpart Ec (40 CFR 60.50c through 60.58c), as amended. You
remain subject to this subpart.
0
10. Section 62.14412 is revised to read as follows:
Sec. 62.14412 What stack opacity and visible emissions requirements
apply?
(a) Your HMIWI (regardless of size category) must not discharge
into the atmosphere from the stack any gases that exhibit greater than
6 percent opacity (6-minute block average).
(b) Your HMIWI as defined in Sec. 62.14400(a)(2)(ii) and utilizing
a large HMIWI must not discharge into the atmosphere visible emissions
of combustion ash from an ash conveying system (including conveyor
transfer points) in excess of 5 percent of the observation period
(i.e., 9 minutes per 3-hour period), as determined by EPA Reference
Method 22 of 40 CFR part 60, appendix A-7, except as provided in
paragraphs (b)(1) and (2) of this section.
(1) The emissions limit specified in paragraph (b) of this section
does not cover visible emissions discharged inside buildings or
enclosures of ash conveying systems; however, the emissions limit does
cover visible emissions discharged to the atmosphere from buildings or
enclosures of ash conveying systems.
(2) The provisions specified in paragraph (b) of this section do
not apply during maintenance and repair of ash conveying systems.
Maintenance and/or repair must not exceed 10 operating days per
calendar quarter unless you obtain written approval from the state
agency establishing a date when all necessary maintenance and repairs
of ash conveying systems are to be completed.
0
11. Section 62.14413 is revised to read as follows:
Sec. 62.14413 When do the emissions limits and stack opacity and
visible emissions requirements apply?
The emissions limits, stack opacity, and visible emissions
requirements of this subpart apply at all times.
0
12. Section 62.14422 is amended by revising paragraph (a)(13) and
adding paragraph (a)(14) to read as follows:
Sec. 62.14422 What are the requirements for a training course that is
not part of a State-approved program?
(a) * * *
(13) Recordkeeping requirements; and
(14) Training in waste segregation according to Sec. 62.14430(c)
* * * * *
0
13. Section 62.14425 is amended by revising paragraph (b) to read as
follows:
Sec. 62.14425 When must I review the documentation?
* * * * *
(b) You must conduct your initial review of the information listed
in Sec. 62.14424 by [date 6 months after publication of final rule],
or prior to assumption of responsibilities affecting HMIWI operation,
whichever is later.
* * * * *
0
14. Section 62.14431 is revised to read as follows:
Sec. 62.14431 What must my waste management plan include?
(a) Your waste management plan must identify both the feasibility
of, and the approach for, separating certain components of solid waste
from the health care waste stream in order to reduce the amount of
toxic emissions from incinerated waste. The waste management plan you
develop may address, but is not limited to, elements such as
segregation and recycling of paper, cardboard, plastics, glass,
batteries, food waste and metals (e.g., aluminum cans, metals-
containing devices); segregation of non-recyclable wastes (e.g.,
polychlorinated biphenyl-containing waste, pharmaceutical waste, and
mercury-containing waste such as dental waste); and purchasing recycled
or recyclable products. Your waste management plan may include
different goals or approaches for different areas or departments of the
facility and need not include new waste management goals for every
waste stream. When you develop your waste management plan, it should
identify, where possible, reasonably available additional waste
management measures, taking into account the effectiveness of waste
management measures already in place, the costs of additional measures,
the emissions reductions expected to be achieved, and any other
potential environmental or energy impacts they might have. In
developing your waste management plan, you must consider the American
Hospital Association (AHA) publication titled ``Ounce of Prevention:
Waste Reduction Strategies for Health Care Facilities.'' This
publication (AHA Catalog Number 057007) is available for purchase from
AHA Services, Inc., Post Office Box 933283, Atlanta, Georgia 31193-
3283.
(b) If you own or operate commercial HMIWI, you must conduct
training and education programs in waste segregation for each of your
waste generator clients and ensure that each client prepares its own
waste management plan that includes, but is not limited to, the
provisions listed in this section.
(c) If you own or operate commercial HMIWI, you must conduct
training and education programs in waste segregation for your HMIWI
operators.
0
15. Section 62.14432 is revised to read as follows:
Sec. 62.14432 When must my waste management plan be completed?
As specified in Sec. Sec. 62.14463 and 62.14464, you must submit
your waste management plan with your initial report, which is due 60
days after you demonstrate initial compliance with the amended
emissions limits, by conducting an initial performance test or
submitting the results of previous emissions tests, provided the
conditions in Sec. 62.14451(e) are met.
0
16. Section 62.14440 is revised to read as follows:
Sec. 62.14440 Which HMIWI are subject to inspection requirements?
(a) All HMIWI, including small rural HMIWI (defined in Sec.
62.14490) and each HMIWI (subject to emissions limits and visible
emissions requirements in Sec. Sec. 62.14411 and 62.14412) are subject
to the HMIWI equipment inspection requirements.
(b) All HMIWI equipped with one or more air pollution control
devices are subject to the air pollution control device inspection
requirements.
0
17. Section 62.14441 is revised to read as follows:
[[Page 28068]]
Sec. 62.14441 When must I inspect my HMIWI equipment and air
pollution control devices?
(a) You must inspect your large, medium, small or small rural HMIWI
equipment by May 13, 2014.
(b) You must conduct inspections of your large, medium, small or
small rural HMIWI equipment as outlined in Sec. 62.14442(a) annually
(no more than 12 months following the initial inspection or previous
annual HMIWI equipment inspection).
(c) You must inspect the air pollution control devices on your
large, medium, small or small rural HMIWI by May 13, 2014.
(d) You must conduct the air pollution control device inspections
on your large, medium, small or small rural HMIWI as outlined in Sec.
62.14442(b) annually (no more than 12 months following the initial
inspection or previous annual air pollution control device inspection).
0
18. Section 62.14442 is amended as follows:
0
a. By redesignating paragraphs (a) through (q) as paragraphs (a)(1)
through (a)(17);
0
b. By redesignating introductory text as paragraph (a) introductory
text and revising it;
0
c. By redesignating newly redesignated paragraph (a)(17) as (a)(18) and
adding new paragraph (a)(17); and
0
d. By adding new paragraph (b).
The revisions and additions read as follows:
Sec. 62.14442 What must my inspections include?
(a) At a minimum, you must do the following during your HMIWI
equipment inspection:
* * * * *
(17) Include inspection elements according to manufacturer's
recommendations; and
* * * * *
(b) At a minimum, you must do the following during your air
pollution control device inspection:
(1) Inspect air pollution control device(s) for proper operation,
if applicable;
(2) Ensure proper calibration of thermocouples, sorbent feed
systems and any other monitoring equipment; and
(3) Include inspection elements according to manufacturer's
recommendations; and
(4) Generally observe that the equipment is maintained in good
operating condition.
0
19. Section 62.14443 is revised to read as follows:
Sec. 62.14443 When must I do repairs?
(a) You must complete any necessary repairs to the HMIWI equipment
within 10 operating days of the HMIWI equipment inspection unless you
obtain written approval from the EPA Administrator (or delegated
enforcement authority) establishing a different date when all necessary
repairs of your HMIWI equipment must be completed.
(b) You must complete any necessary repairs to the air pollution
control device within 10 operating days of the air pollution control
device inspection unless you obtain written approval from the EPA
Administrator (or delegated enforcement authority) establishing a
different date when all necessary repairs of your air pollution control
device must be completed. During the time that you conduct repairs to
your air pollution control device, all emissions standards remain in
effect according to Sec. 62.14413.
Sec. 62.14450 [Removed and Reserved]
0
20. Section 62.14450 is removed and reserved.
0
21. Section 62.14451 is amended as follows:
0
a. By revising paragraph (a);
0
b. By adding paragraph (b)(3);
0
c. By redesignating paragraph (c) as paragraph (d);
0
d. By adding new paragraph (c); and
0
e. By adding paragraph (e).
The revisions and additions read as follows:
Sec. 62.14451 What are the testing requirements?
(a) Except as specified in paragraph (e) of this section, you must
conduct an initial performance test for PM, opacity, CO, dioxin/furan,
HCl, Pb, Cd, Hg, SO2, NOX and fugitive ash
emissions using the test methods and procedures outlined in Sec.
62.14452.
(b) * * *
(3) If you use a large HMIWI that commenced construction or
modification according to Sec. 62.14400(a)(2)(ii), determine
compliance with the visible emissions limits for fugitive emissions
from flyash/bottom ash storage and handling by conducting a performance
test using EPA Reference Method 22 of 40 CFR part 60, appendix A-7 on
an annual basis (no more than 12 months following the previous
performance test).
(c) The 2,000 lb/wk limitation for small rural HMIWI does not apply
during performance tests.
* * * * *
(e) You may use the results of previous emissions tests to
demonstrate compliance with the emissions limits, provided that the
conditions in paragraphs (e)(1) through (3) of this section are met:
(1) Your previous emissions tests must have been conducted using
the applicable procedures and test methods listed in Sec. 62.14452.
Previous emissions test results obtained using the EPA-accepted
voluntary consensus standards are also acceptable.
(2) The HMIWI at your facility must currently be operated in a
manner (e.g., with charge rate, secondary chamber temperature, etc.)
that would be expected to result in the same or lower emissions than
observed during the previous emissions test(s), and the HMIWI may not
have been modified such that emissions would be expected to exceed the
results from previous emissions test(s).
(3) The previous emissions test(s) must have been conducted in 1996
or later.
0
22. Section 62.14452 is amended as follows:
0
a. By revising paragraphs (c), (d), and (f);
0
b. By redesignating paragraph (l) as paragraph (o) and revising it;
0
c. By redesignating paragraph (m) as paragraph (r);
0
d. By redesignating paragraphs (g) through (k) as paragraphs (i)
through (m) and revising them;
0
f. By adding new paragraphs (g) and (h); and
0
g. By adding paragraphs (n), (p), and (q).
The revisions and additions read as follows:
Sec. 62.14452 What test methods and procedures must I use?
* * * * *
(c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix
A-1 to select the sampling location and number of traverse points;
(d) You must use EPA Reference Method 3, 3A or 3B of 40 CFR part
60, appendix A-2 for gas composition analysis, including measurement of
oxygen concentration. You must use EPA Reference Method 3, 3A or 3B of
40 CFR part 60, appendix A-2 simultaneously with each reference method.
You may use ASME PTC-19-10-1981-Part 10 (incorporated by reference in
40 CFR 60.17) as an alternative to EPA Reference Method 3B;
* * * * *
(f) You must use EPA Reference Method 5 of 40 CFR part 60, appendix
A-3 or Method 26A or Method 29 of 40 CFR part 60, appendix A-8 to
measure
[[Page 28069]]
particulate matter (PM) emissions. You may use bag leak detection
systems, as specified in Sec. 62.14454(e), or PM continuous emissions
monitoring systems (CEMS), as specified in paragraph (o) of this
section, as an alternative to demonstrate compliance with the PM
emissions limit;
(g) You must use EPA Reference Method 6 or 6C of 40 CFR part 60,
appendix A-4 to measure SO2 emissions;
(h) You must use EPA Reference Method 7 or 7E of 40 CFR part 60,
appendix A-4 to measure NOX emissions;
(i) You must use EPA Reference Method 9 of 40 CFR part 60, appendix
A-4 to measure stack opacity. You may use bag leak detection systems,
as specified in Sec. 62.14454(e), or PM CEMS, as specified in
paragraph (o) of this section, as an alternative to demonstrate
compliance with the opacity requirements;
(j) You must use EPA Reference Method 10 or 10B of 40 CFR part 60,
appendix A-4 to measure the CO emissions. You may use CO CEMS, as
specified in paragraph (o) of this section, as an alternative to
demonstrate compliance with the CO emissions limit;
(k) You must use EPA Reference Method 23 of 40 CFR part 60,
appendix A-7 to measure total dioxin/furan emissions. The minimum
sample time must be 4 hours per test run. You may elect to sample
dioxins/furans by installing, calibrating, maintaining and operating a
continuous automated sampling system, as specified in paragraph (p) of
this section, as an alternative to demonstrate compliance with the
dioxin/furan emissions limit. If you have selected the toxic
equivalency (TEQ) standards for dioxin/furans under Sec. 62.14411, you
must use the following procedures to determine compliance:
(1) Measure the concentration of each dioxin/furan tetra-through
octa-congener emitted using EPA Reference Method 23 of 40 CFR part 60,
appendix A-7;
(2) For each dioxin/furan congener measured in accordance with
paragraph (k)(1) of this section, multiply the congener concentration
by its corresponding TEQ factor specified in Table 2 of this subpart;
(3) Sum the products calculated in accordance with paragraph (k)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of TEQ.
(l) You must use EPA Reference Method 26 or 26A of 40 CFR part 60,
appendix A-8 to measure HCl emissions. You may use HCl CEMS as an
alternative to demonstrate compliance with the HCl emissions limit;
(m) You must use EPA Reference Method 29 of 40 CFR part 60,
appendix A-8 to measure Pb, Cd and Hg emissions. You may use ASTM
D6784-02 (incorporated by reference in 40 CFR 60.17) as an alternative
to EPA Reference Method 29 for measuring Hg emissions. You may also use
Hg CEMS, as specified in paragraph (o) of this section, or a continuous
automated sampling system for monitoring Hg emissions, as specified in
paragraph (q) of this section, as an alternative to demonstrate
compliance with the Hg emissions limit. You may use multi-metals CEMS,
as specified in paragraph (o) of this section, as an alternative to EPA
Reference Method 29 to demonstrate compliance with the Pb, Cd or Hg
emissions limits;
(n) You must use EPA Reference Method 22 of 40 CFR part 60,
appendix A-7 to measure fugitive ash emissions and determine compliance
with the fugitive ash emissions limit, as applicable, under Sec.
60.52c(c). The minimum observation time must be a series of three 1-
hour observations.
(o) If you are using a CEMS to demonstrate compliance with any of
the emissions limits under Sec. Sec. 62.14411 or 62.14412, you:
(1) Must determine compliance with the appropriate emissions
limit(s) using a 12-hour rolling average, calculated as specified in
section 12.4.1 of EPA Reference Method 19 of 40 CFR part 60, appendix
A-7. Performance tests using EPA Reference Methods are not required for
pollutants monitored with CEMS.
(2) Must operate a CEMS to measure oxygen concentration, adjusting
pollutant concentrations to 7 percent oxygen as specified in paragraph
(e) of this section.
(3) Must operate all CEMS in accordance with the applicable
procedures under appendices B and F of 40 CFR part 60. For those CEMS
for which performance specifications have not yet been promulgated
(HCl, multi-metals), this option takes effect on the date a final
performance specification is published in the Federal Register or the
date of approval of a site-specific monitoring plan.
(4) May substitute use of a CO CEMS for the CO annual performance
test and minimum secondary chamber temperature to demonstrate
compliance with the CO emissions limit.
(5) May substitute use of an HCl CEMS for the HCl annual
performance test, minimum HCl sorbent flow rate and minimum scrubber
liquor pH to demonstrate compliance with the HCl emissions limit.
(6) May substitute use of a PM CEMS for the PM annual performance
test and minimum pressure drop across the wet scrubber, if applicable,
to demonstrate compliance with the PM emissions limit.
(p) If you are using a continuous automated sampling system to
demonstrate compliance with the dioxin/furan emissions limits, you must
record the output of the system and analyze the sample according to EPA
Reference Method 23 of 40 CFR part 60, appendix A-7. This option to use
a continuous automated sampling system takes effect on the date a final
performance specification applicable to dioxin/furan from monitors is
published in the Federal Register or the date of approval of a site-
specific monitoring plan. If you elect to continuously sample dioxin/
furan emissions instead of sampling and testing using EPA Reference
Method 23 of 40 CFR part 60, appendix A-7, you must install, calibrate,
maintain and operate a continuous automated sampling system and comply
with the requirements specified in 40 CFR 60.58b(p) and (q) of subpart
Eb.
(q) If you are using a continuous automated sampling system to
demonstrate compliance with the Hg emissions limits, you must record
the output of the system and analyze the sample at set intervals using
any suitable determinative technique that can meet appropriate
performance criteria. This option to use a continuous automated
sampling system takes effect on the date a final performance
specification applicable to Hg from monitors is published in the
Federal Register or the date of approval of a site-specific monitoring
plan. If you elect to continuously sample Hg emissions instead of
sampling and testing using EPA Reference Method 29 of 40 CFR part 60,
appendix A-8, or an approved alternative method for measuring Hg
emissions, you must install, calibrate, maintain and operate a
continuous automated sampling system and comply with the requirements
specified in 40 CFR 60.58b(p) and (q) of subpart Eb.
* * * * *
0
23. Section 62.14453 is amended by revising paragraphs (a) introductory
text, (a)(2) and (b) to read as follows:
Sec. 62.14453 What must I monitor?
(a) If your HMIWI uses combustion control only, or your HMIWI is
equipped with a dry scrubber followed by a fabric filter (FF), a wet
scrubber, a dry scrubber followed by a FF and wet
[[Page 28070]]
scrubber, or a selective noncatalytic reduction (SNCR) system:
* * * * *
(2) After the date on which the initial performance test is
completed or is required to be completed under Sec. 62.14470,
whichever comes first, your HMIWI must not operate above any of the
applicable maximum operating parameters or below any of the applicable
minimum operating parameters listed in Table 3 and measured as 3-hour
rolling averages (calculated each hour as the average of the previous 3
operating hours), at all times except during performance tests.
(b) If you are using an air pollution control device other than a
dry scrubber followed by a FF, a wet scrubber, a dry scrubber followed
by a FF and a wet scrubber, or a SNCR system to comply with the
emissions limits under Sec. 62.14411, you must petition the EPA
Administrator for site-specific operating parameters to be established
during the initial performance test and you must continuously monitor
those parameters thereafter. You may not conduct the initial
performance test until the EPA Administrator has approved the petition.
0
24. Section 62.14454 is amended by revising paragraphs (a) through (c)
and adding paragraph (e) to read as follows:
Sec. 62.14454 How must I monitor the required parameters?
(a) Except as provided in Sec. Sec. 62.14452(o) through (q), you
must install, calibrate (to manufacturers' specifications), maintain
and operate devices (or establish methods) for monitoring the
applicable maximum and minimum operating parameters listed in Table 3
of this subpart (unless CEMS are used as a substitute for certain
parameters as specified) such that these devices (or methods) measure
and record values for the operating parameters at the frequencies
indicated in Table 3 of this subpart at all times. For charge rate, the
device must measure and record the date, time and weight of each charge
fed to the HMIWI. This must be done automatically, meaning that the
only intervention from an operator during the process would be to load
the charge onto the weighing device. For batch HMIWI, the maximum
charge rate is measured on a daily basis (the amount of waste charged
to the unit each day).
(b) For all HMIWI, you must install, calibrate (to manufacturers'
specifications), maintain and operate a device or method for measuring
the use of the bypass stack, including the date, time and duration of
such use.
(c) For all HMIWI, if you are using controls other than a dry
scrubber followed by a FF, a wet scrubber, a dry scrubber followed by a
FF and a wet scrubber, or a SNCR system to comply with the emissions
limits under Sec. 62.14411, you must install, calibrate (to
manufacturers' specifications), maintain and operate the equipment
necessary to monitor the site-specific operating parameters developed
pursuant to Sec. 62.14453(b).
* * * * *
(e) If you use an air pollution control device that includes a FF
and are not demonstrating compliance using PM CEMS, you must determine
compliance with the PM emissions limit using a bag leak detection
system and meet the requirements in paragraphs (e)(1) through (12) of
this section for each bag leak detection system.
(1) Each triboelectric bag leak detection system must be installed,
calibrated, operated and maintained according to the ``Fabric Filter
Bag Leak Detection Guidance,'' (EPA-454/R-98-015, September 1997). This
document is available from the U.S. Environmental Protection Agency
(U.S. EPA); Office of Air Quality Planning and Standards; Sector
Policies and Programs Division; Measurement Policy Group (D-243-02),
Research Triangle Park, NC 27711. This document is also available on
the Technology Transfer Network (TTN) under Emissions Measurement
Center Continuous Emissions Monitoring. Other types of bag leak
detection systems must be installed, operated, calibrated and
maintained in a manner consistent with the manufacturer's written
specifications and recommendations.
(2) The bag leak detection system must be certified by the
manufacturer to be capable of detecting PM emissions at concentrations
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic
foot) or less.
(3) The bag leak detection system sensor must provide an output of
relative PM loadings.
(4) The bag leak detection system must be equipped with a device to
continuously record the output signal from the sensor.
(5) The bag leak detection system must be equipped with an audible
alarm system that will sound automatically when an increase in relative
PM emissions over a preset level is detected. The alarm must be located
where it is easily heard by plant operating personnel.
(6) For positive pressure FF systems, a bag leak detector must be
installed in each baghouse compartment or cell.
(7) For negative pressure or induced air FF, the bag leak detector
must be installed downstream of the FF.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(9) The baseline output must be established by adjusting the range
and the averaging period of the device and establishing the alarm set
points and the alarm delay time according to section 5.0 of the
``Fabric Filter Bag Leak Detection Guidance.''
(10) Following initial adjustment of the system, the sensitivity or
range, averaging period, alarm set points or alarm delay time may not
be adjusted. In no case may the sensitivity be increased by more than
100 percent or decreased more than 50 percent over a 365-day period
unless such adjustment follows a complete FF inspection that
demonstrates that the FF is in good operating condition. Each
adjustment must be recorded.
(11) Record the results of each inspection, calibration and
validation check.
(12) Initiate corrective action within 1 hour of a bag leak
detection system alarm; operate and maintain the FF such that the alarm
is not engaged for more than 5 percent of the total operating time in a
6-month block reporting period. If inspection of the FF demonstrates
that no corrective action is required, no alarm time is counted. If
corrective action is required, each alarm is counted as a minimum of 1
hour. If it takes longer than 1 hour to initiate corrective action, the
alarm time is counted as the actual amount of time taken to initiate
corrective action.
0
25. Section 62.14455 is amended as follows:
0
a. By revising paragraphs (a) through (e);
0
b. By redesignating paragraphs (f) through (h) as paragraphs (g)
through (i);
0
c. By adding new paragraph (f) ; and
0
d. By revising newly redesignated paragraphs (g) and (h).
The revisions and addition read as follows:
Sec. 62.14455 What if my HMIWI goes outside of a parameter limit?
(a) Operation above the established maximum or below the
established minimum operating parameter(s) constitutes a violation of
established operating parameter(s). Operating parameter limits do not
apply during performance tests.
(b) Except as provided in paragraph (g) or (h) of this section, if
your HMIWI uses combustion control only:
[[Page 28071]]
------------------------------------------------------------------------
Then you are in violation
And your HMIWI . . . of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3- The PM, CO and dioxin/furan
hour rolling average for continuous and emissions limits.
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
secondary chamber temperature (3-hour
rolling average) simultaneously.
------------------------------------------------------------------------
(c) Except as provided in paragraph (f) or (g) of this section, if
your HMIWI is equipped with a dry scrubber followed by a FF:
------------------------------------------------------------------------
Then you are in violation
And your HMIWI . . . of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate The CO emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
secondary chamber temperature (3-hour
rolling average) simultaneously.
(2) Operates above the maximum FF inlet The dioxin/furan emissions
temperature (3-hour rolling average), limit.
above the maximum charge rate (3-hour
rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI), and below the minimum dioxin/
furan sorbent flow rate (3-hour rolling
average) simultaneously.
(3) Operates above the maximum charge rate The HCl emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum HCl
sorbent flow rate (3-hour rolling average)
simultaneously.
(4) Operates above the maximum charge rate The Hg emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum Hg
sorbent flow rate (3-hour rolling average)
simultaneously.
(5) Uses the bypass stack.................. The PM, dioxin/furan, HCl,
Pb, Cd and Hg emissions
limits.
(6) Operates above the CO emissions limit The CO emissions limit.
as measured by a CO CEMS, as specified in
Sec. 62.14452(o).
(7) Uses a bag leak detection system, as The PM emissions limit.\a\
specified in Sec. 62.14454(e), to
demonstrate compliance with the PM
emissions limit and either fails to
initiate corrective action within 1 hour
of a bag leak detection system alarm or
fails to operate and maintain the FF such
that the alarm is not engaged for more
than 5 percent of the total operating time
in a 6-month block reporting period.
(8) Uses a bag leak detection system, as The opacity limit.\a\
specified in Sec. 62.14454(e), to
demonstrate compliance with the opacity
limit and either fails to initiate
corrective action within 1 hour of a bag
leak detection system alarm or fails to
operate and maintain the FF such that the
alarm is not engaged for more than 5
percent of the total operating time in a 6-
month block reporting period.
(9) Operates above the PM emissions limit The PM emissions limit.
as measured by a PM CEMS, as specified in
Sec. 62.14452(o).
(10) Operates above the HCl emissions limit The HCl emissions limit.
as measured by an HCl CEMS, as specified
in Sec. 62.14452(o).
(11) Operates above the Pb emissions limit The Pb emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(12) Operates above the Cd emissions limit The Cd emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(13) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(14) Operates above the dioxin/furan The dioxin/furan emissions
emissions limit as measured by a limit.
continuous automated sampling system, as
specified in Sec. 62.14452(p).
(15) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a continuous automated
sampling system, as specified in Sec.
62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
required, no alarm time is counted. If corrective action is required,
each alarm is counted as a minimum of 1 hour. If it takes longer than
1 hour to initiate corrective action, the alarm time is counted as the
actual amount of time taken to initiate corrective action.
(d) Except as provided in paragraph (g) or (h) of this section, if
your HMIWI is equipped with a wet scrubber:
------------------------------------------------------------------------
Then you are in violation
And your HMIWI . . . of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate The CO emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
secondary chamber temperature (3-hour
rolling average) simultaneously.
(2) Operates above the maximum charge rate The PM emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
pressure drop across the wet scrubber (3-
hour rolling average) or below the minimum
horsepower or amperage to the system (3-
hour rolling average) simultaneously.
[[Page 28072]]
(3) Operates above the maximum charge rate The dioxin/furan emissions
(3-hour rolling average for continuous and limit.
intermittent HMIWI, daily average for
batch HMIWI), below the minimum secondary
chamber temperature (3-hour rolling
average), and below the minimum scrubber
liquor flow rate (3-hour rolling average)
simultaneously.
(4) Operates above the maximum charge rate The HCl emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
scrubber liquor pH (3-hour rolling
average) simultaneously.
(5) Operates above the maximum flue gas The Hg emissions limit.
temperature (3-hour rolling average) and
above the maximum charge rate (3-hour
rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) simultaneously.
(6) Uses the bypass stack.................. The PM, dioxin/furan, HCl,
Pb, Cd and Hg emissions
limits.
(7) Operates above the CO emissions limit The CO emissions limit.
as measured by a CO CEMS, as specified in
Sec. 62.14452(o).
(8) Operates above the PM emissions limit The PM emissions limit.
as measured by a PM CEMS, as specified in
Sec. 62.14452(o).
(9) Operates above the HCl emissions limit The HCl emissions limit.
as measured by an HCl CEMS, as specified
in Sec. 62.14452(o).
(10) Operates above the Pb emissions limit The Pb emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(11) Operates above the Cd emissions limit The Cd emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(12) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(13) Operates above the dioxin/furan The dioxin/furan emissions
emissions limit as measured by a limit.
continuous automated sampling system, as
specified in Sec. 62.14452(p).
(14) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a continuous automated
sampling system, as specified in Sec.
62.14452(q).
------------------------------------------------------------------------
(e) Except as provided in paragraph (g) or (h) of this section, if
your HMIWI is equipped with a dry scrubber followed by a FF and a wet
scrubber:
------------------------------------------------------------------------
Then you are in violation
And your HMIWI . . . of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate The CO emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
secondary chamber temperature (3-hour
rolling average) simultaneously.
(2) Operates above the maximum fabric The dioxin/furan emissions
filter inlet temperature (3-hour rolling limit.
average), above the maximum charge rate (3-
hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI), and below the minimum dioxin/
furan sorbent flow rate (3-hour rolling
average) simultaneously.
(3) Operates above the maximum charge rate The HCl emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum
scrubber liquor pH (3-hour rolling
average) simultaneously.
(4) Operates above the maximum charge rate The Hg emissions limit.
(3-hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI) and below the minimum Hg
sorbent flow rate (3-hour rolling average)
simultaneously.
(5) Uses the bypass stack.................. The PM, dioxin/furan, HCl,
Pb, Cd and Hg emissions
limits.
(6) Operates above the CO emissions limit The CO emissions limit.
as measured by a CO CEMS, as specified in
Sec. 62.14452(o).
(7) Uses a bag leak detection system, as The PM emissions limit.\a\
specified in Sec. 62.14454(e), to
demonstrate compliance with the PM
emissions limit and either fails to
initiate corrective action within 1 hour
of a bag leak detection system alarm or
fails to operate and maintain the FF such
that the alarm is not engaged for more
than 5 percent of the total operating time
in a 6-month block reporting period.
(8) Uses a bag leak detection system, as The opacity limit.\a\
specified in Sec. 62.14454(e), to
demonstrate compliance with the opacity
limit and either fails to initiate
corrective action within 1 hour of a bag
leak detection system alarm or fails to
operate and maintain the FF such that the
alarm is not engaged for more than 5
percent of the total operating time in a 6-
month block reporting period.
(9) Operates above the PM emissions limit The PM emissions limit.
as measured by a PM CEMS, as specified in
Sec. 62.14452(o).
(10) Operates above the HCl emissions limit The HCl emissions limit.
as measured by an HCl CEMS, as specified
in Sec. 62.14452(o).
(11) Operates above the Pb emissions limit The Pb emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(12) Operates above the Cd emissions limit The Cd emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
(13) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a multi-metals CEMS, as
specified in Sec. 62.14452(o).
[[Page 28073]]
(14) Operates above the dioxin/furan The dioxin/furan emissions
emissions limit as measured by a limit.
continuous automated sampling system, as
specified in Sec. 62.14452(p).
(15) Operates above the Hg emissions limit The Hg emissions limit.
as measured by a continuous automated
sampling system, as specified in Sec.
62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
required, no alarm time is counted. If corrective action is required,
each alarm is counted as a minimum of 1 hour. If it takes longer than
1 hour to initiate corrective action, the alarm time is counted as the
actual amount of time taken to initiate corrective action.
(f) Except as provided in paragraph (g) or (h) of this section, if
your HMIWI is equipped with a SNCR system:
------------------------------------------------------------------------
Then you are in violation
And your HMIWI . . . of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3- The NOX emissions limit.
hour rolling average for continuous and
intermittent HMIWI, daily average for
batch HMIWI), below the minimum secondary
chamber temperature (3-hour rolling
average), and below the minimum reagent
flow rate (3-hour rolling average)
simultaneously.
------------------------------------------------------------------------
(g) You may conduct a repeat performance test within 30 days of
violation of applicable operating parameter(s) to demonstrate that your
HMIWI is not in violation of the applicable emissions limit(s). You
must conduct repeat performance tests pursuant to this paragraph using
the identical operating parameters that indicated a violation under
paragraph (b), (c), (d), (e), or (f) of this section.
(h) If you are using a CEMS to demonstrate compliance with any of
the emissions limits in table 1 of this subpart or Sec. 62.14412, and
your CEMS indicates compliance with an emissions limit during periods
when operating parameters indicate a violation of an emissions limit
under paragraphs (b), (c), (d), (e) or (f) of this section, then you
are considered to be in compliance with the emissions limit. You need
not conduct a repeat performance test to demonstrate compliance.
* * * * *
0
26. Section 62.14460 is amended as follows:
0
a. By revising paragraph (b)(1)
0
b. By redesignating paragraphs (b)(7) through (15) as paragraphs (b)(8)
through (16);
0
c. By adding new paragraph (b)(7);
0
d. By revising newly designated paragraph (b)(16);
0
e. By adding paragraphs (b)(17) through (19); and
0
f. By revising paragraphs (c), (e), and (f).
The revisions and additions read as follows:
Sec. 62.14460 What records must I maintain?
* * * * *
(a) * * *
(b) * * *
(1) Concentrations of any pollutant listed in table 1, measurements
of opacity and visible ash;
* * * * *
(7) Amount and type of NOX reagent used during each hour
of operation, as applicable;
* * * * *
(16) All operating parameter data collected, if you are complying
by monitoring site-specific operating parameters under Sec.
62.14453(b).
(17) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as
applicable, as determined by the CEMS or continuous automated sampling
system, as applicable.
(18) Records of the annual air pollution control device
inspections, any required maintenance and any repairs not completed
within 10 days of an inspection or the timeframe established by the
Administrator.
(19) Records of each bag leak detection system alarm, the time of
the alarm, the time corrective action was initiated and completed and a
brief description of the cause of the alarm and the corrective action
taken, as applicable.
(c) Identification of calendar days for which data on emissions
rates or operating parameters specified under paragraph (b)(1) through
(19) of this section were not obtained, with an identification of the
emissions rates or operating parameters not measured, reasons for not
obtaining the data, and a description of corrective actions taken;
* * * * *
(e) Identification of calendar days for which data on emissions
rates or operating parameters specified under paragraphs (b)(1) through
(19) of this section exceeded the applicable limits, with a description
of the exceedances, reasons for such exceedances and a description of
corrective actions taken.
(f) The results of the initial, annual and any subsequent
performance tests conducted to determine compliance with the emissions
limits and/or to establish or re-establish operating parameters, as
applicable, including sample calculations, of how the operating
parameters were established or re-established, if applicable.
* * * * *
0
27. Section 62.14463 is amended as follows:
0
a. By redesignating paragraphs (a) through (c) as paragraphs (a)(1)
through (3);
0
b. By revising newly designated paragraphs (a)(1) and (2);
0
c. By adding paragraph (a)(4);
0
d. By redesignating the section introductory text as paragraph (a)
introductory text;
0
e. By redesignating paragraphs (d) through (k) as paragraphs (a)(5)
through (12);
0
f. By revising newly designated paragraphs (a)(5), (11), and (12);
0
g. By adding paragraphs (a)(13) through (15); and
0
h. By adding new paragraph (b).
The revisions and additions read as follows:
Sec. 62.14463 What reporting requirements must I satisfy?
(a) * * *
(1) The initial performance test data as recorded under Sec.
62.14451(a);
(2) The values for the site-specific operating parameters
established pursuant to Sec. 62.14453, as applicable, and a
description, including sample calculations, of how the operating
parameters were established during the initial performance test;
* * * * *
[[Page 28074]]
(4) If you use a bag leak detection system, analysis and supporting
documentation demonstrating conformance with the EPA guidance and
specifications for bag leak detection systems in Sec. 62.14454(e);
(5) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded for the calendar year being reported, pursuant to Sec.
62.14453, as applicable;
* * * * *
(11) Any use of the bypass stack, duration of such use, reason for
malfunction and corrective action taken;
(12) Records of the annual equipment inspections, any required
maintenance and any repairs not completed within 10 days of an
inspection or the time frame established by the EPA Administrator (or
delegated enforcement authority);
(13) Records of the annual air pollution control device
inspections, any required maintenance and any repairs not completed
within 10 days of an inspection or the time frame established by the
EPA Administrator (or delegated enforcement authority);
(14) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as
applicable, as determined by the CEMS or continuous automated sampling
system, as applicable; and
(15) Petition for site-specific operating parameters under Sec.
62.14453(b).
(b) If you choose to submit an electronic copy of stack test
reports to the EPA's WebFIRE database, as of December 31, 2011, you
must enter the test data into the EPA's database using the Electronic
Reporting Tool (ERT) located at https://www.epa.gov/ttn/chief/ert/ert_tool.html.
0
28. Section 62.14464 is amended as follows:
0
a. By revising paragraphs (a) and (b) and adding paragraph (d) to read
as follows:
Sec. 62.14464 When must I submit reports?
(a) You must submit the information specified in Sec.
62.14463(a)(1) through (4) no later than 60 days following the initial
performance test.
(b) You must submit an annual report to the EPA Administrator (or
delegated enforcement authority) no more than 1 year following the
submission of the information in paragraph (a) of this section, and you
must submit subsequent reports no more than 1 year following the
previous report (once the unit is subject to permitting requirements
under Title V of the CAA, you must submit these reports semiannually).
The annual report must include the information specified in Sec.
62.14463(a)(5) through (14), as applicable.
* * * * *
(d) You must submit your petition for site-specific operating
parameters specified in Sec. 62.14463(a)(15) prior to your initial
performance test. You may not conduct the initial performance test
until the EPA Administrator has approved the petition.
0
29. Section 62.14470 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. By revising paragraphs (a)(1) through (a)(3);
0
c. By revising paragraph (b) introductory text;
0
d. By revising paragraph (b)(1);
0
e. By revising paragraphs (b)(2)(i) through (v); and
0
f. By revising paragraph (b)(3).
The revisions read as follows:
Sec. 62.14470 When must I comply with this subpart if I plan to
continue operation of my HMIWI?
* * * * *
(a) If you plan to continue operation and come into compliance with
the requirements of this subpart by May 13, 2014, then you must
complete the requirements of paragraphs (a)(1) through (a)(4) of this
section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by May 13, 2014.
(2) You must achieve final compliance by May 13, 2014. This
includes incorporating all process changes and/or completing retrofit
construction, connecting the air pollution control equipment or process
changes such that the HMIWI is brought online, and ensuring that all
necessary process changes and air pollution control equipment are
operating properly.
(3) You must conduct the initial performance test required by Sec.
62.14451(a) within 180 days after the date when you are required to
achieve final compliance under paragraph (a)(2) of this section.
* * * * *
(b) If you plan to continue operation and come into compliance with
the requirements of this subpart after May 13, 2014, but before October
6, 2014, then you must complete the requirements of paragraphs (b)(1)
through (4) of this section.
(1) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by May 13, 2014.
(2) * * *
(i) You must submit a final control plan by May 13, 2016. Your
final control plan must, at a minimum, include a description of the air
pollution control device(s) or process changes that will be employed
for each unit to comply with the emissions limits and other
requirements of this subpart.
(ii) You must award contract(s) for on-site construction, on-site
installation of emissions control equipment or incorporation of process
changes by December 13, 2013. You must submit a signed copy of the
contract(s) awarded.
(iii) You must begin on-site construction, begin on-site
installation of emissions control equipment or begin process changes
needed to meet the emissions limits as outlined in the final control
plan by January 6, 2014.
(iv) You must complete on-site construction, installation of
emissions control equipment or process changes by August 6, 2014.
(v) You must achieve final compliance by October 6, 2014. This
includes incorporating all process changes and/or completing retrofit
construction as described in the final control plan, connecting the air
pollution control equipment or process changes such that the HMIWI is
brought online and ensuring that all necessary process changes and air
pollution control equipment are operating properly.
(3) You must conduct the initial performance test required by Sec.
62.14451(a) within 180 days after the date when you are required to
achieve final compliance under paragraph (b)(2)(v) of this section.
* * * * *
0
30. Section 62.14471 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) introductory text and (b)(1)(i); and
0
d. By revising paragraphs (b)(2) and (3).
The revisions read as follows:
Sec. 62.14471 When must I comply with this subpart if I plan to
shutdown?
* * * * *
(a) If you plan to shutdown by May 13, 2014, rather than come into
compliance with the requirements of this subpart, then you must
shutdown by May 13, 2014, to avoid coverage under any of the
requirements of this subpart.
(b) If you plan to shutdown rather than come into compliance with
the
[[Page 28075]]
requirements of this subpart but are unable to shutdown by [May 13,
2014, then you may petition the EPA for an extension by following the
procedures outlined in paragraphs (b)(1) through (3) of this section.
(1) You must submit your request for an extension to the EPA
Administrator (or delegated enforcement authority) by [date 90 days
after publication of final rule]. Your request must include:
(i) Documentation of the analyses undertaken to support your need
for an extension, including an explanation of why your requested
extension date is sufficient time for you to shutdown while May 13,
2014, does not provide sufficient time for shutdown. Your documentation
must include an evaluation of the option to transport your waste
offsite to a commercial medical waste treatment and disposal facility
on a temporary or permanent basis; and
(ii) * * *
(2) You must shutdown no later than October 6, 2014.
(3) You must comply with the operator training and qualification
requirements and inspection requirements (if applicable) of this
subpart by May 13, 2014.
0
31. Section 62.14472 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) and (4);
0
d. By revising paragraph (c) introductory text; and
0
e. By revising paragraph (c)(1).
The revisions read as follows:
Sec. 62.14472 When must I comply with this subpart if I plan to
shutdown and later restart?
* * * * *
(a) If you plan to shutdown and restart prior to October 6, 2014,
then you must:
(1) Meet the compliance schedule outlined in Sec. 63.14470(a) if
you restart prior to May 13, 2014; or
(2) Meet the compliance schedule outlined in Sec. 62.14470(b) if
you restart after May 13, 2014. Any missed increments of progress need
to be completed prior to or upon the date of restart.
(b) If you plan to shutdown by May 13, 2014, and restart after
October 6, 2014, then you must complete the requirements of paragraphs
(b)(1) through (b)(5) of this section.
(1) You must shutdown by May 13, 2014.
* * * * *
(4) You must conduct the initial performance test required by Sec.
62.14451(a) within 180 days after the date when you restart.
* * * * *
(c) If you plan to shutdown after May 13, 2014, and restart after
October 6, 2014, then you must complete the requirements of paragraphs
(c)(1) and (2) of this section.
(1) You must petition the EPA for an extension by following the
procedures outlined in Sec. 63.14471(b)(1) through (3).
* * * * *
0
32. Section 62.14490 is amended as follows:
0
a. By adding a definition for ``Bag leak detection system'';
0
b. By adding a definition for ``Commercial HMIWI'';
0
c. By revising the definition for ``Maximum design waste burning
capacity'';
0
d. By adding a definition for ``Minimum reagent flow rate'';
0
e. By revising the definition for ``Minimum secondary chamber
temperature''; and
0
f. By revising the introductory text to the definition for
``Modification'' or ``Modified HMIWI.''
The revisions and additions read as follows:
Sec. 62.14490 Definitions.
Bag leak detection system means an instrument that is capable of
monitoring PM loadings in the exhaust of a FF in order to detect bag
failures. A bag leak detection system includes, but is not limited to,
an instrument that operates on triboelectric, light-scattering, light-
transmittance or other effects to monitor relative PM loadings.
* * * * *
Commercial HMIWI means a HMIWI which offers incineration services
for hospital/medical/infectious waste generated offsite by firms
unrelated to the firm that owns the HMIWI.
* * * * *
Maximum design waste burning capacity means:
(1) For intermittent and continuous HMIWI,
[GRAPHIC] [TIFF OMITTED] TR13MY13.000
Where:
C = HMIWI capacity, lb/hr
PV= primary chamber volume, ft\3\
15,000 = primary chamber heat release rate factor, Btu/ft\3\/hr
8,500 = standard waste heating value, Btu/lb;
(2) For batch HMIWI,
[GRAPHIC] [TIFF OMITTED] TR13MY13.001
Where:
C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
4.5 = waste density, lb/ft\3\
8 = typical hours of operation of a batch HMIWI, hours.
* * * * *
Minimum reagent flow rate means 90 percent of the highest 3-hour
average reagent flow rate at the inlet to the SNCR technology (taken,
at a minimum, once every minute) measured during the most recent
performance test demonstrating compliance with the NOX
emissions limit.
* * * * *
Minimum secondary chamber temperature means 90 percent of the
highest 3-hour average secondary chamber temperature (taken, at a
minimum, once every minute) measured during the most recent performance
test demonstrating compliance with the PM, CO, dioxin/furan or
NOX emissions limits.
Modification or Modified HMIWI means any change to a HMIWI unit
after April 6, 2010, such that:
* * * * *
0
33. Section 62.14495 is amended by revising paragraph (b) and adding
paragraphs (c) through (e) to read as follows:
Sec. 62.14495 What authorities will be retained by the EPA
Administrator?
* * * * *
(b) Approval of alternative methods of demonstrating compliance
under 40 CFR 60.8, including:
(1) Approval of CEMS for PM, HCl, multi-metals and Hg where used
for purposes of demonstrating compliance,
(2) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
(3) Approval of major alternatives to test methods;
(c) Approval of major alternatives to monitoring;
(d) Waiver of recordkeeping requirements; and
(e) Performance test and data reduction waivers under 40 CFR
60.8(b).
34. Table 1 to Subpart HHH is revised to read as follows:
[[Page 28076]]
Table 1 to Subpart HHH of Part 62--Emissions Limits for Small Rural, Small, Medium and Large HMIWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
You must meet this emissions limit
------------------------------------------------------------------------ With these Using this And determining
For the air pollutant HMIWI size units (7 averaging time compliance
------------------------------------------------------------------------ percent oxygen, \a\ using this
Small rural Small Medium Large dry basis) method \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... 87 (0.038)...... 66 (0.029)...... 46 (0.020) \c\.. 25 (0.011)...... Milligrams per 3-run average EPA Reference
34 (0.015) \d\.. dry standard (1-hour Method 5 of
cubic meter minimum sample appendix A-3
(grains per time per run). of part 60, or
dry standard EPA Reference
cubic foot). Method M 26A
or 29 of
appendix A-8
of part 60
Carbon monoxide.............. 20.............. 20.............. 5.5............. 11.............. Parts per 3-run average EPA Reference
million by (1-hour Method 10 or
volume. minimum sample 10B of
time per run). appendix A-4
of part 60
Dioxins/furans............... 240 (100) or 5.1 16 (7.0) or 0.85 (0.37) or 9.3 (4.1) or Nanograms per 3-run average EPA Reference
(2.2). 0.013 (0.0057). 0.020 (0.0087). 0.054 (0.024). dry standard (4-hour Method 23 of
cubic meter minimum sample appendix A-7
total dioxins/ time per run). of part 60
furans (grains
per billion
dry standard
cubic feet) or
nanograms per
dry standard
cubic meter
TEQ (grains
per billion
dry standard
cubic feet).
Hydrogen chloride............ 810............. 44 \c\.......... 7.7............. 6.6............. Parts per 3-run average EPA Reference
15 \d\.......... million by (1-hour Method 26 or
volume. minimum sample 26A of
time per run). appendix A-8
of part 60
Sulfur dioxide............... 55.............. 4.2............. 4.2............. 9.0............. Parts per 3-run average EPA Reference
million by (1-hour Method 6 or 6C
volume. minimum sample of appendix A-
time per run). 4 of part 60
Nitrogen oxides.............. 130............. 190............. 190............. 140............. Parts per 3-run average EPA Reference
million by (1-hour Method 7 or 7E
volume. minimum sample of appendix A-
time per run). 4 of part 60
Lead......................... 0.50 (0.22)..... 0.31 (0.14)..... 0.018 (0.0079).. 0.036 (0.016)... Milligrams per 3-run average EPA Reference
dry standard (1-hour Method 29 of
cubic meter minimum sample appendix A-8
(grains per time per run). of part 60
thousand dry
standard cubic
feet).
Cadmium...................... 0.11 (0.048).... 0.017 (0.0074).. 0.013 (0.0057).. 0.0092 (0.0040). Milligrams per 3-run average EPA Reference
dry standard (1-hour Method 29 of
cubic meter minimum sample appendix A-8
(grains per time per run). of part 60
thousand dry
standard cubic
feet).
Mercury...................... 0.051 (0.0022).. 0.014 (0.0061).. 0.025 (0.011)... 0.018 (0.0079).. Milligrams per 3-run average EPA Reference
dry standard (1-hour Method 29 of
cubic meter minimum sample appendix A-8
(grains per time per run). of part 60
thousand dry
standard cubic
feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Except as allowed under Sec. Sec. 62.14452(o)-(q) for HMIWI equipped with CEMS or continuous automated sampling systems.
\b\ Does not include CEMS, continuous automated sampling systems, and approved alternative non-EPA test methods allowed under Sec. 62.14452(d) and
(m).
\c\ Limits for those HMIWI for which construction or modification was commenced according to Sec. 62.14400(a)(2)(i).
\d\ Limits for those HMIWI for which construction or modification was commenced according to Sec. 62.14400(a)(2)(ii).
35. Table 2 to Subpart HHH is revised to read as follows:
[[Page 28077]]
Table 2 to Subpart HHH of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener 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
------------------------------------------------------------------------
36. Table 3 to Subpart HHH is revised to read as follows:
Table 3 to Subpart HHH of Part 62--Operating Parameters To Be Monitored and Minimum Measurement and Recording Frequencies
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum frequency HMIWI
----------------------------------------------------------------------------------------------------------------------------------------------------------
HMIWI with dry
Operating parameters to be HMIWI with HMIWI with dry scrubber
monitored Data measurement Data recording combustion scrubber HMIWI with wet followed by FF HMIWI with SNCR
control only followed by FF scrubber and wet system
scrubber
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
Maximum charge rate.................. Once per charge.................. Once per charge.................. [check] [check] [check] [check] [check]
Maximum FF inlet temperature......... Continuous....................... Once per minute.................. ............... [check] ............... [check] ...............
Maximum flue gas temperature......... Continuous....................... Once per minute.................. ............... ............... [check] [check] ...............
Minimum operating parameters:
Minimum secondary chamber temperature Continuous....................... Once per minute.................. [check] [check] [check] [check] [check]
Minimum dioxin/furan sorbent flow Hourly........................... Once per hour.................... ............... [check] ............... [check] ...............
rate.
Minimum HCl sorbent flow rate........ Hourly........................... Once per hour.................... ............... [check] ............... [check] ...............
Minimum mercury (Hg) sorbent flow Hourly........................... Once per hour.................... ............... [check] ............... [check] ...............
rate.
[[Page 28078]]
Minimum pressure drop across the wet Continuous....................... Once per minute.................. ............... ............... [check] [check] ...............
scrubber or minimum horsepower or
amperage to wet scrubber.
Minimum scrubber liquor flow rate.... Continuous....................... Once per minute.................. ............... ............... [check] [check] ...............
Minimum scrubber liquor pH........... Continuous....................... Once per minute.................. ............... ............... [check] [check] ...............
Minimum reagent flow rate............ Hourly........................... Once per hour.................... ............... ............... ............... ............... [check]
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[FR Doc. 2013-09427 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P