[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38732-38740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15292]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-6717-3]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Colorado, Montana, South Dakota, Utah, 
Wyoming; Control of Emissions From Existing Hospital/Medical/Infectious 
Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We are approving the Clean Air Act section 111(d) Plans 
submitted by the Colorado Department of Public Health and the 
Environment on December 22, 1998 (with additional information submitted 
on October 4, 1999); the Montana Department of Environmental Quality on 
January 19, 1999; the South Dakota Department of Environment and 
Natural Resources on February 7, 2000, the Utah Department of 
Environmental Quality on March 2, 1999 (with additional information 
submitted on October 25, 1999); and the Wyoming Department of 
Environmental Quality on September 7, 1999 (with recodification of 
state regulations submitted on November 9, 1999), to implement and 
enforce the Emissions Guidelines (EG) for existing Hospital/Medical/
Infectious Waste Incinerators (HMIWI). The EG require States to develop 
plans to reduce toxic air emissions from all HMIWIs. In addition, as an 
administrative matter, the heading of 40 CFR 62 Subpart G is being 
corrected to include the state name.

DATES: This direct final rule is effective on August 21, 2000, without 
further notice, unless we receive adverse comments by July 24, 2000. If 
we receive adverse comments, we will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rules will not take effect.

ADDRESSES: Send written comments to: Richard R. Long, EPA Region 8, 
Office of Air and Radiation (8P-AR), 999 18th Street, Suite 500, 
Denver, Colorado 80202.
    You may inspect copies of the documents relevant to this action 
during normal business hours at the following location: EPA Region 8 
offices, 999 18th Street, Suite 500, Denver, Colorado 80202. Please 
contact Meredith Bond at (303) 312-6438 before visiting the Region 8 
office.
    Copies of the State documents relevant to this action are available 
for

[[Page 38733]]

public inspection at the respective State offices:

1. Colorado--Air Pollution Control Division, Department of Public 
Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 
80222-1530
2. Montana--Department of Environmental Quality, 1520 East 6th Avenue, 
P.O. Box 200901, Helena, Montana 59620-0901
3. South Dakota--Department of Environment and Natural Resources, Joe 
Foss Building, 523 East Capitol, Pierre, South Dakota 57501-3181
4. Utah--Division of Air Quality, Department of Environmental Quality, 
150 North 1950 West, P.O. Box 144820, Salt Lake City, Utah 84114-4820
5. Wyoming--Department of Environmental Quality, Herschler Building, 
122 West 25th Street, Cheyenne, Wyoming 82002

    Interested persons wanting to examine these documents should make 
an appointment with the appropriate office at least 24 hours before the 
visiting day.

FOR FURTHER INFORMATION CONTACT: Meredith Bond, EPA Region 8, Air and 
Radiation Program, at the above address, telephone (303) 312-6438.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is being taken by EPA today?
II. Why do we need to regulate HMIWI emissions?
III. What is a State Plan?
IV. What does the Colorado State Plan contain?
    A. Why is the Colorado HMIWI State Plan approvable?
    B. Is my HMIWI subject to Colorado's regulations?
    C. What steps do I need to take?
V. What does the Montana State Plan contain?
    A. Why is the Montana HMIWI State Plan approvable?
    B. Is my HMIWI subject to Montana's regulations?
    C. What steps do I need to take?
VI. What does the South Dakota State Plan contain?
    A. Why is the South Dakota HMIWI State Plan approvable?
    B. Is my HMIWI subject to South Dakota's regulations?
    C. What steps do I need to take?
VII. What does the Utah State Plan contain?
    A. Why is the Utah HMIWI State Plan approvable?
    B. Is my HMIWI subject to Utah's regulations?
    C. What steps do I need to take?
VIII. What does the Wyoming State Plan contain?
    A. Why is the Wyoming HMIWI State Plan approvable?
    B. Is my HMIWI subject to Wyoming's regulations?
    C. What steps do I need to take?
IX. Administrative Requirements

I. What Action Is Being Taken by EPA Today?

    We are approving the Colorado, Montana, South Dakota, Utah, and 
Wyoming State Plans, as submitted on December 22, 1998 (with additional 
information submitted on October 4,1999); January 19, 1999; February 7, 
2000; January 19, 1999 (with additional information submitted on 
October 25, 1999); and September 7, 1999 (with recodification of state 
regulations submitted on November 9, 1999), respectively. These plans 
were developed in accordance with section 111(d) of the CAA for the 
control of air emissions from HMIWIs. These plans do not apply to those 
HMIWIs located in Indian Country. When we developed our New Source 
Performance Standard (NSPS) for HMIWIs, we also developed Emissions 
Guidelines (EG) to control air emissions from older HMIWIs as we were 
required to do by section 129(a) of the Clean Air Act (42 U.S.C. 
7429(a)). (See 62 FR 48348-48391, September 15, 1997). Colorado, 
Montana, South Dakota, Utah, and Wyoming, developed State Plans, as 
required by section 111(d) of the Clean Air Act (the Act) (42 U.S.C. 
7411(d)), to adopt the EG into their body of regulations, and we are 
acting today to approve these State Plans as meeting all requirements 
of section 111(d) and 129 of the Act and EPA regulations governing the 
adoption and approval of State Plans for designated facilities (40 CFR 
part 60, subpart B).
    In addition, as an administrative matter, the heading of 40 CFR 
part 62, subpart G is being corrected to include the state name, 
``Colorado.''
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the revision should 
significant, material, and adverse comments be filed. This action is 
effective August 21, 2000, unless by July 24, 2000, adverse or critical 
comments are received. If we receive such comments, this action will be 
withdrawn before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
be addressed in a subsequent final rule based on this action serving as 
a proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, this action is 
effective August 21, 2000.

II. Why Do We Need To Regulate HMIWI Emissions?

    The State Plans establish control requirements which reduce the 
following emissions from HMIWIs: particulate matter, sulfur dioxide, 
hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, 
mercury, dioxin, and dibenzofurans.
    These pollutants can cause adverse effects to the public health and 
the environment. Dioxin, lead, and mercury bioaccumulate through the 
food web. Serious developmental and adult effects in humans, primarily 
damage to the nervous system, have been associated with exposures to 
mercury. Exposure to dioxin and furans can cause skin disorders, 
cancer, and reproductive effects such as endometriosis. Dioxin and 
furans can also affect the immune system. Acid gases affect the 
respiratory tract, as well as contribute to the acid rain that damages 
lakes and harms forests and buildings. Exposure to particulate matter 
has been linked with adverse health effects, including aggravation of 
existing respiratory and cardiovascular disease and increased risk of 
premature death. Nitrogen oxide emissions contribute to the formation 
of ground level ozone, which is associated with a number of adverse 
health and environmental effects.

III. What Is a State Plan?

    Section 111(d) of the Act requires that pollutants, other than 
criteria pollutants, controlled under the NSPS must also be controlled 
at older sources in the same source category. Once an NSPS is 
promulgated for a non-criteria pollutant, we then publish an EG 
applicable to the control of the same pollutant from existing 
(designated) facilities. States with designated facilities must then 
develop a State Plan to adopt the EG into their body of regulations. 
States must also include in this State Plan other elements, such as 
inventories, legal authority, and public participation documentation, 
to demonstrate the ability to implement and enforce it.

IV. What Does the Colorado State Plan Contain?

    Colorado adopted the Federal NSPS and EG by reference into its 
State regulations at Regulation No. 6, part A. The Colorado State Plan 
contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan. The State did not,

[[Page 38734]]

however, submit evidence of authority to regulate existing HMIWI in 
Indian Country as defined in 18 U.S.C. 1151. Therefore, EPA is not 
approving this State Plan as it relates to those sources.
    2. State rules adopted into Regulation No. 6 as the mechanism for 
implementing the emission guidelines.
    3. An inventory of twelve known designated facilities, along with 
estimates of their toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date of 1 year after EPA approval of the State 
Plan.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.

A. Why Is the Colorado HMIWI State Plan Approvable?

    EPA compared the Colorado rules (Regulation No. 6, part A, subpart 
Ce) against our HMIWI EG. EPA finds the Colorado rules to be at least 
as protective as the EG. The Colorado State Plan was reviewed for 
approval with respect to the following criteria: 40 CFR 60.23 through 
60.26, Subpart B--Adoption and Submittal of State Plans for Designated 
Facilities; and, 40 CFR 60.30e through 60.39e, Subpart Ce--Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators. The Colorado State Plan satisfies the requirements for an 
approvable section 111(d) plan under subparts B and Ce of 40 CFR part 
60. For these reasons, we are approving the Colorado HMIWI State Plan.

B. Is My HMIWI Subject To Colorado's Regulations?

    The EG for existing HMIWIs affect any HMIWI built on or before June 
20, 1996. If your facility meets this criterion and does not qualify 
for exemption under 40 CFR 60.32e(b)-(h) (Regulation No. 6, part A), 
you are subject to these regulations.

C. What Steps Do I Need To Take?

    First, you will need to decide whether you will continue to operate 
your incinerator and comply with the requirements of the Colorado State 
Plan, or whether you will shut down your incinerator.
    If you decide to continue operating your incinerator, you must meet 
the requirements listed in Regulation No. 6, part A, summarized as 
follows:
    1. Determine the size of your incinerator by establishing its 
maximum design capacity.
    2. You must meet the emission limits established for your 
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce 
to determine the specific emission limits which apply to you. (40 CFR 
60.33e; 62 FR 48382, September 15, 1997).
    3. Determine if your incinerator qualifies for treatment as a small 
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b); 
62 FR 48380, September 15, 1997).
    4. You must meet a 10% opacity limit on your incinerator's 
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR 
48380, September 15, 1997).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator must be trained and 
qualified through a State-approved program, or a training program that 
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62 
FR 48380). Your operator must be certified no later than one year after 
we approve Colorado's State Plan (40 CFR 60.39e(e); 62 FR 48382).
    6. You must develop a waste management plan, and submit it to the 
Colorado Department of Public Health and Environment no later than one 
year after we approve this State Plan. Your waste management plan will 
describe the solid waste practices that your facility will undertake to 
reduce the amount of hospital, medical, and infectious waste that is 
disposed of in your incinerator. Your plan must be developed under 
guidance provided by the American Hospital Association publication, An 
Ounce of Prevention: Waste Reduction Strategies for Health Care 
Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
    7. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits. (40 CFR 60.37e and 
60.8; 62 FR 48380).
    8. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
    9. You must document and maintain information concerning pollutant 
concentrations, opacity measurements, charge rates, and other 
operational data. This information must be maintained for a period of 
five years (40 CFR 60.38e; 62 FR 48381).
    10. You must report to the Colorado Department of Public Health and 
Environment the results of your initial performance test, the values 
for your site-specific operating parameters, and your waste management 
plan. This information must be reported within 60 days following your 
initial performance test, and must be signed by the facilities manager 
(40 CFR 60.38e; 62 FR 48381).
    11. You must submit a complete Title V operating permit application 
to the Colorado Department of Public Health and Environment no later 
than September 15, 2000.
    12. In general, you must comply with all the requirements of this 
State Plan within one year after we approve it regardless of whether 
your facility has been identified in the plan inventory. The Colorado 
State Plan does not provide for petitions to extend the compliance 
deadlines (40 CFR 60.39e; 62 FR 48381).
    If you decide to shut down your incinerator, you must do so within 
one year after we approve the State Plan in order to meet the 
requirements of Regulation No. 6, part A.

V. What Does the Montana State Plan Contain?

    Montana adopted the Federal NSPS and EG by reference into its State 
regulations at Administrative Rules of Montana (ARM) 17.8.302, 
``Incorporation By Reference,'' and ARM 17.8.340, ``Standard of 
Performance For New Stationary Sources.'' Montana State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan. The State did not, however, submit evidence 
of authority to regulate existing HMIWI in Indian Country as defined in 
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it 
relates to those sources.
    2. State rules adopted into ARM 17.8.340 as the mechanism for 
implementing the emission guidelines.
    3. An inventory of four known designated facilities, along with 
estimates of their toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date of three years after EPA approval of the State 
Plan but not later than September 15, 2002.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.

A. Why Is the Montana HMIWI State Plan Approvable?

    EPA compared the Montana rules (ARM 17.8.302 and ARM 17.8.340) 
against our HMIWI EG. EPA finds the Montana rules to be at least as 
protective as the EG. The Montana State Plan was reviewed for approval 
with respect to the following criteria: 40 CFR

[[Page 38735]]

60.23 through 60.26, Subpart B--Adoption and Submittal of State Plans 
for Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart 
Ce--Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The Montana State Plan satisfies the 
requirements for an approvable section 111(d) plan under subparts B and 
Ce of 40 CFR part 60. For these reasons, we are approving the Montana 
HMIWI State Plan.

B. Is My HMIWI Subject to Montana's Regulations?

    The EG for existing HMIWIs affect any HMIWI built on or before June 
20, 1996. If your facility meets this criterion and does not qualify 
for exemption under 40 CFR 60.32e (b)-(h) (ARM 17.8.340), you are 
subject to these regulations.

C. What Steps Do I Need To Take?

    First, you will need to decide whether you will continue to operate 
your incinerator and comply with the requirements of the Montana State 
Plan, or whether you will shut down your incinerator.
    If you decide to continue operating your incinerator, the Montana 
State Plan provides for measurable and enforceable incremental steps of 
progress for designated facilities planning to install the necessary 
air pollution control equipment allowing compliance on or before the 
date 3 years after EPA approval of the State Plan but not later than 
September 15, 2002. Further, Montana incorporated by reference the 
requirements contained in 40 CFR part 60, subpart Ce which contains 
additional compliance time requirements. You must meet the requirements 
listed in ARM 17.8.340, summarized as follows:
    1. Determine the size of your incinerator by establishing its 
maximum design capacity.
    2. Determine if your incinerator qualifies for treatment as a small 
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b); 
62 FR 48380, September 15, 1997).
    3. You must meet the emission limits established for your 
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce 
to determine the specific emission limits which apply to you. (40 CFR 
60.33e; 62 FR 48382, September 15, 1997).
    4. You must meet a 10% opacity limit on your incinerator's 
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR 
48380, September 15, 1997).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator must be trained and 
qualified through a State-approved program, or a training program that 
meets the requirements listed under 40 CFR 60.53c(c)(40 CFR 60.34e; 62 
FR 48380). Your operator must be certified no later than one year after 
we approve the Montana State Plan (40 CFR 60.39e(e); 62 FR 48382).
    6. You must develop a waste management plan, and submit it to the 
Montana Department of Environmental Quality no later than one year 
after we approve this State Plan. Your waste management plan will 
describe the solid waste practices that your facility will undertake to 
reduce the amount of hospital, medical, and infectious waste that is 
disposed of in your incinerator. Your plan must be developed under 
guidance provided by the American Hospital Association publication, An 
Ounce of Prevention: Waste Reduction Strategies for Health Care 
Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
    7. You must submit a final Control Plan to the department for 
review and final approval within 15 months after the date of our 
approval of the State Plan. Your Control Plan will explain how your 
HMIWI will meet the State Plan requirements.
    8. You must award contracts for any necessary control systems/
process changes within 21 months after the date of our approval of the 
State Plan.
    9. You must initiate on-site construction or installation of any 
necessary air pollution control devices, and initiate any necessary 
process changes, within 24 months after the date of our approval of the 
State Plan.
    10. You must complete on-site construction or installation of any 
necessary air pollution control devices, and initiate any necessary 
process changes, within 24 months after the date of our approval of the 
State Plan.
    11. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits. (40 CFR 60.37e and 
60.8; 62 FR 48380).
    12. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
    13. You must document and maintain information concerning pollutant 
concentrations, opacity measurements, charge rates, and other 
operational data. This information must be maintained for a period of 
five years (40 CFR 60.38e; 62 FR 48381).
    14. You must report to the Montana Department of Environmental 
Quality the results of your initial performance test, the values for 
your site-specific operating parameters, and your waste management 
plan. This information must be reported within 60 days following your 
initial performance test, and must be signed by the facilities manager 
(40 CFR 60.38e; 62 FR 48381).
    15. You must submit a complete Title V operating permit application 
to the Montana Department of Environmental Quality no later than 
September 15, 2000.
    16. In general, you must comply with all the requirements of this 
State Plan within 36 months after we approve it or by September 15, 
2002. (40 CFR 60.39e; 62 FR 48381).
    If you decide to shut down your incinerator, you must submit a 
``final control plan'' that notifies the department that you will be 
shutting down your incinerator within 15 months after the date of our 
approval of the State Plan.

VI. What Does the South Dakota State Plan Contain?

    South Dakota adopted the Federal NSPS and EG by reference into its 
State regulations at Administrative Rules of South Dakota (ARSD) 
74:36:07, ``New Source Performance Standards.'' The South Dakota State 
Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan. The State did not, however, submit evidence 
of authority to regulate existing HMIWI in Indian Country as defined in 
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it 
relates to those sources.
    2. State rules adopted into ARSD 74:26:07:06.01 as the mechanism 
for implementing the emission guidelines.
    3. An inventory of one known designated facility, along with 
estimates of its toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date of 3 years after EPA approval of the State 
Plan but not later than September 15, 2002.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.

A. Why Is the South Dakota HMIWI State Plan Approvable?

    EPA compared the South Dakota rules (ARSD 74:36:07:06.01) against 
our HMIWI EG. EPA finds the South Dakota rules to be at least as 
protective as the EG. The South Dakota State Plan was reviewed for 
approval with respect to the following criteria: 40 CFR 60.23 through 
60.26, Subpart B--Adoption and Submittal of State Plans for

[[Page 38736]]

Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart Ce--
Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The South Dakota State Plan satisfies 
the requirements for an approvable section 111(d) plan under subparts B 
and Ce of 40 CFR part 60. For these reasons, we are approving the South 
Dakota HMIWI State Plan.

B. Is My HMIWI subject to South Dakota's Regulations?

    The EG for existing HMIWIs affect any HMIWI built on or before June 
20, 1996. If your facility meets this criterion and does not qualify 
for exemption under 40 CFR 60.32e (b)-(h) (ARSD 74:36:07:06.01), you 
are subject to these regulations.

C. What Steps Do I Need To Take?

    First, you will need to decide whether you will continue to operate 
your incinerator and comply with the requirements of the South Dakota 
State Plan, or whether you will shut down your incinerator.
    If you decide to continue operating your incinerator, South 
Dakota's State Plan provides for measurable and enforceable incremental 
steps of progress for designated facilities planning to install the 
necessary air pollution control equipment allowing compliance on or 
before the date 3 years after EPA approval of the State Plan but not 
later than September 15, 2002. Further, South Dakota incorporated by 
reference the requirements contained in 40 CFR part 60, subpart Ce 
which contains additional compliance time requirements. You must meet 
the requirements listed in ARSD 74:36:07:06.01, summarized as follows:
    1. Determine the size of your incinerator by establishing its 
maximum design capacity.
    2. Determine if your incinerator qualifies for treatment as a small 
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b); 
62 FR 48380, September 15, 1997).
    3. You must meet the emission limits established for your 
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce 
to determine the specific emission limits which apply to you. (40 CFR 
60.33e; 62 FR 48382, September 15, 1997).
    4. You must meet a 10% opacity limit on your incinerator's 
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR 
48380, September 15, 1997).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator must be trained and 
qualified through a State-approved program, or a training program that 
meets the requirements listed under 40 CFR 60.53c(c)(40 CFR 60.34e; 62 
FR 48380). Your operator must be certified no later than one year after 
we approve the South Dakota State Plan (40 CFR 60.39e(e); 62 FR 48382).
    6. You must develop a waste management plan, and submit it to the 
South Dakota Department of Environment and Natural Resources no later 
than one year after we approve this State Plan. Your waste management 
plan will describe the solid waste practices that your facility will 
undertake to reduce the amount of hospital, medical, and infectious 
waste that is disposed of in your incinerator. Your plan must be 
developed under guidance provided by the American Hospital Association 
publication, An Ounce of Prevention: Waste Reduction Strategies for 
Health Care Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
    7. You must submit a final Control Plan to the department for 
review and final approval within 6 months after the date of our 
approval of the State Plan. Your Control Plan will explain how your 
HMIWI will meet the State Plan requirements.
    8. You must submit a part 70 operating permit application and 
design drawings of the air pollution control device to the department 
within one year after the date of our approval of the State Plan.
    9. You must submit a copy of the purchase order or other 
documentation indicating an order has been placed for the major 
components of the air pollution control device within 15 months after 
the date of our approval of the State Plan.
    10. You must begin initiation of site preparation for installation 
of the air pollution control device within 2 years after the date of 
our approval of the State Plan.
    11. You must complete installation of the air pollution control 
device within 30 months after the date of our approval of this State 
Plan.
    12. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits (40 CFR 60.37e and 
60.8; 62 FR 48380). This test must be completed within 33 months after 
the date of our approval of this State Plan.
    13. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
    14. You must document and maintain information concerning pollutant 
concentrations, opacity measurements, charge rates, and other 
operational data. This information must be maintained for a period of 
five years (40 CFR 60.38e; 62 FR 48381).
    15. You must report to the South Dakota Department of Environment 
and Natural Resources the results of your initial performance test, the 
values for your site-specific operating parameters, and your waste 
management plan. This information must be reported within 60 days 
following your initial performance test, and must be signed by the 
facilities manager (40 CFR 60.38e; 62 FR 48381).
    16. In general, you must comply with all the requirements of this 
State Plan within 36 months after we approve it or by September 15, 
2002 (40 CFR 60.39e; 62 FR 48381).
    If you decide to shut down your incinerator, you must notify the 
department within six months of the date of our approval of the State 
Plan. Your written notification must inform the department of when the 
unit will be shutdown. You shutdown date shall not be later than one 
year after the date of our approval of the State Plan.

VII. What Does the Utah State Plan Contain?

    Utah adopted the Federal NSPS and EG requirements into its State 
regulations at Utah Administrative Code (UAC) R307-220-3 and R307-222. 
The Utah State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan. The State did not, however, submit evidence 
of authority to regulate existing HMIWI in Indian Country as defined in 
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it 
relates to those sources.
    2. State rules adopted into R307-222 as the mechanism for 
implementing the emission guidelines.
    3. An inventory of fifteen known designated facilities, along with 
estimates of their toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date of 1 year after EPA approval of the State 
Plan.
    6. Provisions allowing designated facilities to petition the State 
for extensions, specifying incremental steps of progress towards 
compliance for facilities planning to install the necessary air 
pollution control equipment.
    7. A Requirement that all designated facilities, whether or not 
they have been identified in the Plan, are in compliance no later than 
September 15, 2002.
    8. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    9. Records from the public hearing; and,

[[Page 38737]]

    10. Provisions for progress reports to EPA.

A. Why Is the Utah HMIWI State Plan Approvable?

    EPA compared the Utah rules (UAC R307-220-3 and R307-222) against 
our HMIWI EG. EPA finds the Utah rules to be at least as protective as 
the EG. The Utah State Plan was reviewed for approval with respect to 
the following criteria: 40 CFR 60.23 through 60.26, Subpart B--Adoption 
and Submittal of State Plans for Designated Facilities; and, 40 CFR 
60.30e through 60.39e, Subpart Ce--Emission Guidelines and Compliance 
Times for Hospital/Medical/Infectious Waste Incinerators. The Utah 
State Plan satisfies the requirements for an approvable section 111(d) 
plan under subparts B and Ce of 40 CFR part 60. For these reasons, we 
are approving the Utah HMIWI State Plan.

B. Is My HMIWI Subject To Utah's Regulations?

    The EG for existing HMIWIs affect any HMIWI built on or before June 
20, 1996. If your facility meets this criterion and does not qualify 
for exemption under 40 CFR 60.32e (b)-(h) (UAC R307-222-1.(2)), you are 
subject to these regulations.

C. What Steps Do I Need To Take?

    First, you will need to decide whether you will continue to operate 
your incinerator and comply with the requirements of the Utah State 
Plan, or whether you will shut down your incinerator.
    If you decide to continue operating your incinerator, Utah's State 
Plan requires that you comply with all requirements within one year 
after EPA approval of the State Plan, unless you petition the executive 
secretary of the Utah Department of Environmental Quality for a later 
compliance date. Utah also incorporated by reference the requirements 
contained in 40 CFR part 60, subpart Ce which contains additional 
compliance time requirements. You must meet the requirements listed in 
R307-220-3 and R307-222, summarized as follows:
    1. Determine the size of your incinerator by establishing its 
maximum design capacity.
    2. Determine if your incinerator qualifies for treatment as a small 
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b); 
62 FR 48380, September 15, 1997).
    3. You must meet the emission limits established for your 
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce 
to determine the specific emission limits which apply to you. The 
emission limits apply at all times, except during startup, shutdown, or 
malfunctions, provided that no waste has been charged during these 
events. (40 CFR 60.33e; 62 FR 48382, September 15, 1997).
    4. You must meet a 10% opacity limit on your incinerator's 
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR 
48380, September 15, 1997).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator must be trained and 
qualified through a State-approved program, or a training program that 
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62 
FR 48380). Your operator must be certified no later than one year after 
we approve this Utah State Plan (40 CFR 60.39e(e); 62 FR 48382).
    6. You must develop a waste management plan, and submit it to the 
Utah Department of Environmental Quality no later than one year after 
we approve this State Plan. Your waste management plan will describe 
the solid waste practices that your facility will undertake to reduce 
the amount of hospital, medical, and infectious waste that is disposed 
of in your incinerator. Your plan must be developed under guidance 
provided by the American Hospital Association publication, An Ounce of 
Prevention: Waste Reduction Strategies for Health Care Facilities, 
1993. (40 CFR 60.35e; 62 FR 48380).
    7. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits. (40 CFR 60.37e and 
60.8; 62 FR 48380).
    8. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
    9. You must document and maintain information concerning pollutant 
concentrations, opacity measurements, charge rates, and other 
operational data. This information must be maintained for a period of 
five years (40 CFR 60.38e; 62 FR 48381).
    10. You must report to the Utah Department of Environmental Quality 
the results of your initial performance test, the values for your site-
specific operating parameters, and your waste management plan. This 
information must be reported within 60 days following your initial 
performance test, and must be signed by the facilities manager (40 CFR 
60.38e; 62 FR 48381).
    11. You must submit a complete Title V operating permit application 
to the Utah Department of Environmental Quality no later than September 
15, 2000.
    12. In general, you must comply with all the requirements of this 
State Plan within one year after we approve it; however, there are 
provisions to extend your compliance date (40 CFR 60.39e; 62 FR 48381). 
The criteria for requesting an extension of your compliance date, and 
the milestones that you would be required to meet, are explained in 
R307-222-3 and the Utah State Plan. You may petition the Executive 
Secretary of the Utah Department of Environmental Quality to extend 
your compliance date to a date as late as three years after we approve 
this Utah State Plan, but no later than September 15, 2002.
    If you decide to shut down your incinerator, you must do so within 
one year of our approval of this State Plan, unless you petition the 
Executive Secretary for a later date in accordance with the provisions 
of the State Plan and R307-222-3.

VIII. What Does the Wyoming State Plan Contain?

    Wyoming adopted the Federal NSPS and EG requirements into the 
Wyoming Air Quality Standards and Regulations (WAQSR), Chapter 4, 
section 5. The Wyoming State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan. The State did not, however, submit evidence 
of authority to regulate existing HMIWI in Indian Country as defined in 
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it 
relates to those sources.
    2. State rules adopted into WAQSR Chapter 4, section 5, as the 
mechanism for implementing the emission guidelines.
    3. An inventory of thirty-four known designated facilities, along 
with estimates of their toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date of three years after EPA approval of the State 
Plan but not later than September 15, 2002.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.

A. Why Is the Wyoming HMIWI State Plan Approvable?

    EPA compared the Wyoming rules (WAQSR Chapter 4, section 5) against 
our HMIWI EG. EPA finds the Wyoming rules to be at least as protective 
as the EG. The Wyoming State Plan was

[[Page 38738]]

reviewed for approval with respect to the following criteria: 40 CFR 
60.23 through 60.26, Subpart B--Adoption and Submittal of State Plans 
for Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart 
Ce--Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The Wyoming State Plan satisfies the 
requirements for an approvable section 111(d) plan under subparts B and 
Ce of 40 CFR part 60. For these reasons, we are approving the Wyoming 
HMIWI State Plan.

B. Is My HMIWI Subject to Wyoming's Regulations?

    The EG for existing HMIWIs affect any HMIWI built on or before June 
20, 1996. If your facility meets this criterion and does not qualify 
for exemption under 40 CFR 60.32e (b)-(h) (WAQSR Ch. 4, sec. 5(b)(ii)-
(ix)), you are subject to these regulations.

C. What Steps Do I Need To Take?

    First, you will need to decide whether you will continue to operate 
your incinerator and comply with the requirements of the Wyoming State 
Plan, or whether you will shut down your incinerator.
    If you decide to continue operating your incinerator, Wyoming's 
State Plan requires that you comply with all requirements within one 
year after EPA approval of the State Plan, unless you petition the 
Administrator of the Wyoming Air Quality Division for a later 
compliance date. Wyoming also incorporated the requirements contained 
in 40 CFR part 60, subpart Ce which contains additional compliance time 
requirements. You must meet the requirements listed in WAQS&R Ch. 4, 
sec. 5, summarized as follows:
    1. Determine the size of your incinerator by establishing its 
maximum design capacity.
    2. Determine if your incinerator qualifies for treatment as a small 
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b); 
62 FR 48380, September 15, 1997).
    3. You must meet the emission limits established for your 
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce 
to determine the specific emission limits which apply to you. (40 CFR 
60.33e; 62 FR 48382, September 15, 1997).
    4. You must meet a 10% opacity limit on your incinerator's 
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR 
48380, September 15, 1997).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator must be trained and 
qualified through a State-approved program, or a training program that 
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62 
FR 48380). Your operator must be certified no later than one year after 
we approve the Wyoming State Plan (40 CFR 60.39e(e); 62 FR 48382).
    6. You must develop a waste management plan, and submit it to the 
Wyoming Department of Environmental Quality no later than one year 
after we approve this State Plan. Your waste management plan will 
describe the solid waste practices that your facility will undertake to 
reduce the amount of hospital, medical, and infectious waste that is 
disposed of in your incinerator. Your plan must be developed under 
guidance provided by the American Hospital Association publication, An 
Ounce of Prevention: Waste Reduction Strategies for Health Care 
Facilities, 1993 (40 CFR 60.35e; 62 FR 48380).
    7. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits (40 CFR 60.37e and 
60.8; 62 FR 48380).
    8. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
    9. You must document and maintain information concerning pollutant 
concentrations, opacity measurements, charge rates, and other 
operational data. This information must be maintained for a period of 
five years (40 CFR 60.38e; 62 FR 48381).
    10. You must report to the Wyoming Department of Environmental 
Quality the results of your initial performance test, the values for 
your site-specific operating parameters, and your waste management 
plan. This information must be reported within 60 days following your 
initial performance test, and must be signed by the facilities manager 
(40 CFR 60.38e; 62 FR 48381).
    11. You must submit a complete Title V operating permit application 
to the Wyoming Department of Environmental Quality no later than 
September 15, 2000.
    12. In general, you must comply with all the requirements of this 
State Plan within one year after we approve it; however, there are 
provisions to extend your compliance date (40 CFR 60.39e; 62 FR 48381). 
The criteria for requesting an extension of your compliance date, and 
the milestones that you would be required to meet, are explained in 
WAQSR Ch. 4, sec. 5(i) and the Wyoming State Plan. You may petition the 
Administrator of the Wyoming Air Quality Division to extend your 
compliance date to a date as late as three years after we approve this 
Wyoming State Plan, but no later than September 15, 2002.
    If you decide to shut down your incinerator, you must do so within 
one year of our approval of this State Plan, or by September 15, 2000, 
whichever occurs first (WAQSR Ch. 4, sec. 5(i)(i)).

IX. Administrative Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant action under Executive Order 12866.

C. Executive Order 13084

    Under Executive Order 13084 (63 FR 27655, May 10, 1998), EPA may 
not issue a regulation that is not required by statute, that 
significantly affects or uniquely affects the communities of Indian 
tribal governments, and that imposes substantial direct compliance 
costs on those communities, unless the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by the 
tribal governments, or EPA consults with those governments. If EPA 
complies by consulting, Executive Order 13084 requires EPA to provide 
to the Office of Management and Budget, in a separately identified 
section of the preamble to the rule, a description of the extent of 
EPA's prior consultation with representatives of affected tribal 
governments, a summary of the nature of their concerns, and a statement 
supporting the need to issue the regulation. In addition, Executive 
Order 13084 requires EPA to develop an effective process permitting

[[Page 38739]]

elected officials and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.''
    Today's rule implements requirements specifically set forth by the 
Congress in sections 111 and 129 of the Clean Air Act, as amended in 
1990, without the exercise of any discretion by EPA. This action does 
not significantly or uniquely affect the communities of Indian tribal 
governments. This action does not involve or impose any requirements 
that affect Indian Tribes. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this rule.

D. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    Pursuant to section 605(b) of the RFA, I certify that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This Federal action approves pre-existing requirements 
under State law and imposes no new requirements on any entity affected 
by this rule, including small entities. Therefore, these amendments 
will not have a significant impact on a substantial number of small 
entities.

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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 rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this 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 the rule in the Federal Register.

H. National Technology Transfer and Advancement Act

    In reviewing 111(d)/129 plan submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. In this context, in the absence of a prior existing requirement 
for the State to use voluntary consensus standards (VCS), EPA has no 
authority to disapprove a 111(d)/129 plan submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan submission that otherwise satisfies the provisions of the 
Clean Air Act. Thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 21, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hospital/medical/infectious waste incineration, 
Intergovernmental relations, Reporting and recordkeeping requirements.


[[Page 38740]]


    Dated: June 2, 2000.
Rebecca W. Hanmer,
Acting Regional Administrator, Region VIII.

    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671.

Subpart G--Colorado

    2. Add a new undesignated center heading and Secs. 62.1360, 
62.1361, and 62.1362 to subpart G to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.1360  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation in part A of Colorado 
Regulation No. 6, submitted by the State on December 22, 1998 and 
October 4, 1999.


Sec. 62.1361  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.


Sec. 62.1362  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.
* * * * *

Subpart BB--Montana

    3. Add a new undesignated center heading and Secs. 62.6610, 
62.6611, and 62.6612 to subpart BB to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.6610  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation in sections 
17.8.302(1)(k) and 17.8.340 of the Administrative Rules of Montana, 
submitted by the State on January 19, 1999.


Sec. 62.6611  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.


Sec. 62.6612  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.
* * * * *

Subpart QQ--South Dakota

    4. Add a new undesignated center heading and Secs. 62.10360, 
62.10361, and 62.10362 to subpart QQ to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.10360  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation, chapter 74:36:07 
section 74:36:07:06.01 of the Administrative Rules of South Dakota, 
submitted by the State on February 7, 2000.


Sec. 62.10361  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, Subpart Ce.


Sec. 62.10362  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

Subpart TT--Utah

    5. Add a new undesignated center heading and Secs. 62.11120, 
62.11121, and 62.11122 to subpart TT to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.11120  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation R307-220-3 and R307-
222 of the Utah Air Conservation Regulations, submitted by the State on 
March 2, 1999 and October 25, 1999.


Sec. 62.11121  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.


Sec. 62.11122  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.
* * * * *

Subpart ZZ--Wyoming

    6. Add a new undesignated center heading and Secs. 62.12610, 
62.12611, and 62.12612 to subpart ZZ to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.12610  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation, Chapter 4, section 5, 
of the Wyoming Air Quality Standards and Regulations, submitted by the 
State on September 7, 1999 and November 9, 1999.


Sec. 62.12611  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.


Sec. 62.12612  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

[FR Doc. 00-15292 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-P