[Federal Register Volume 65, Number 158 (Tuesday, August 15, 2000)]
[Rules and Regulations]
[Pages 49868-49894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20341]



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Part II





Environmental Protection Agency





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40 CFR Part 62



Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed On or Before June 20, 1996; Final Rule

  Federal Register / Vol. 65, No. 158 / Tuesday, August 15, 2000 / 
Rules and Regulations  

[[Page 49868]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6848-9]
RIN 2060-AI25


Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed On or Before June 20, 1996

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On September 15, 1997, EPA adopted emission guidelines for 
existing hospital/medical/infectious waste incinerators (HMIWI). 
Sections 111 and 129 of the Clean Air Act (CAA) require States with 
existing HMIWI subject to the emission guidelines to submit plans to 
EPA that implement and enforce the emission guidelines. Indian Tribes 
may submit, but are not required to submit, Tribal plans to implement 
and enforce the emission guidelines in Indian country. State plans were 
due from States with HMIWI subject to the emission guidelines on 
September 15, 1998. If a State or Tribe with existing HMIWI does not 
submit an approvable plan within 2 years after promulgation of the 
emission guidelines (September 15, 1999), sections 111(d) and 129 of 
the CAA require EPA to develop, implement, and enforce a Federal plan 
for HMIWI in that State/Tribal jurisdiction. The EPA proposed a Federal 
plan for HMIWI in the Federal Register on July 6, 1999. This action 
promulgates the Federal plan to implement emission guidelines for HMIWI 
located in States and Indian country without effective State or Tribal 
plans. This Federal plan is an interim action because on the effective 
date of an approved State/Tribal plan, the Federal plan will no longer 
apply to HMIWI covered by the State/Tribal plan.

EFFECTIVE DATE: The effective date of this final rule is September 14, 
2000.

ADDRESSES: Docket. Dockets A-98-24 and A-91-61 contain the supporting 
information for this promulgated rule and the supporting information 
for EPA's promulgation of emission guidelines for existing HMIWI, 
respectively. Public comments on the proposed rule for this action were 
received in Docket A-98-24. The dockets are available for public 
inspection and copying between 8 a.m. and 5:30 p.m., Monday through 
Friday, at EPA's Air and Radiation Docket and Information Center (Mail 
Code 6102), 401 M Street, SW., Washington, D.C. 20460, or by calling 
(202) 260-7548. The docket is located in Room M-1500, Waterside Mall 
(ground floor, central mall). The fax number for the Center is (202) 
260-4000 and the E-mail address is [email protected]. A reasonable 
fee may be charged for copying. In addition to the docket, an 
electronic copy of this document can be found at the EPA Unified Air 
Toxics Website (http://www.epa.gov/ttn/uatw/129/hmiwi/rihmiwi.html).

FOR FURTHER INFORMATION CONTACT: For procedural and implementation 
information regarding this Federal plan, contact Ms. Valerie Broadwell 
at (919) 541-3310, Program Implementation and Review Group, Information 
Transfer and Program Integration Division (MD-12), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711 
([email protected]). For technical information regarding State 
plans, contact Mr. Rick Copland at (919) 541-5265, Combustion Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711 
([email protected]). If you have State-specific questions regarding 
the implementation of this Federal plan, contact your EPA Regional 
Office. Regional Office contacts are provided in SUPPLEMENTARY 
INFORMATION.

SUPPLEMENTARY INFORMATION: Regulated Entities. If you own or operate an 
existing HMIWI and are not already subject to an EPA-approved and 
effective State or Tribal plan, then you are regulated by this action. 
Existing HMIWI are those that commenced construction on or before June 
20, 1996. Regulated categories and entities include those listed in 
Table 1.

                     Table 1.--Regulated Entities a
------------------------------------------------------------------------
             Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry.........................  Hospitals, nursing homes, research
                                    laboratories, other health care
                                    facilities, commercial waste
                                    disposal companies.
Federal Government...............  Armed services, public health
                                    service, Federal hospitals, other
                                    Federal health care facilities.
State/local/Tribal Government....  State/county/city hospitals and other
                                    health care facilities.
------------------------------------------------------------------------
\a\ This table is not intended to be exhaustive, but rather, provides a
  guide for the public regarding entities likely to be regulated by this
  Federal plan. This table lists the types of entities that EPA is aware
  of that could potentially be regulated. Other types of entities not
  listed in the table could also be affected. To determine whether your
  facility is regulated by the standards or emission guidelines for
  HMIWI, you should carefully examine the applicability criteria in
  subpart HHH.

    Judicial Review. This section 111(d)/129 rule for HMIWI was 
proposed on July 6, 1999 (64 FR 36425). This notice promulgating a rule 
for HMIWI constitutes final administrative action concerning that 
proposal. Under section 307(b)(1) of the CAA, judicial review of this 
final rule is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by October 
16, 2000. Under section 307(d)(7)(B) of the CAA, only an objection to 
this rule that was raised with reasonable specificity during the period 
for public comment can be raised during judicial review. Moreover, 
under section 307(b)(2) of the CAA, the requirements established by 
today's final action may not be challenged separately in any civil or 
criminal proceeding brought by the EPA to enforce these requirements.
    EPA Regional Office Contacts. Table 2 is a listing of EPA Regional 
Office contacts who can answer questions regarding implementation of 
this Federal plan.

                                    Table 2.--EPA Regional Contacts for HMIWI
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       Region                Regional contact                  Phone/Fax              States and protectorates
----------------------------------------------------------------------------------------------------------------
I...................  John Courcier................  617-918-1659.................  CT, ME, MA, NH, RI, VT.
                      [email protected]........  617-918-1505 (fax)             ............................
II..................  Christine DeRosa.............  212-637-4022.................  NJ, NY, Puerto Rico, Virgin
                                                                                     Islands.
                      [email protected].....  212-637-3901 (fax)             ............................
                      Ted Gardella.................  212-637-3892                   ............................
                      [email protected].....  212-637-3901 (fax)             ............................
III.................  James B. Topsale.............  215-814-2190.................  DE, DC, MD, PA, VA, WV.

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                      [email protected]..........  215-814-2114 (fax)             ............................
IV..................  Scott Davis..................  404-562-9127.................  AL, FL, GA, KY, MS, NC, SC,
                                                                                     TN.
                      [email protected].........  404-562-9095 (fax)             ............................
V...................  Ryan Bahr....................  312-353-4366.................  IN.
                      [email protected]............  312-886-5824 (fax)             ............................
                      Charles Hatten...............  312-886-6031.................  WI.
                      [email protected].......  312-886-5824 (fax)             ............................
                      Mark Palermo.................  312-886-6082.................  IL, OH.
                      [email protected].........  312-886-5824 (fax)             ............................
                      Victoria Hayden..............  312-886-4023.................  WI.
                      [email protected]......  312-886-5824 (fax)             ............................
                      Doug Aburano.................  312-353-6960.................  MN.
                      [email protected]......  312-886-5824 (fax)             ............................
VI..................  Mick Cote....................  214-665-7219.................  AR, LA, NM, OK, TX.
                      [email protected]............  214-665-7263 (fax)             ............................
VII.................  Wayne Kaiser.................  913-551-7603.................  IA, KS, MO, NE.
                      [email protected].........  913-551-7844 (fax)             ............................
                      Ward Burns...................  913-551-7960.................  ............................
                      [email protected]...........  913-551-7844 (fax)             ............................
VIII................  Meredith Bond................  303-312-6438.................  CO, MT, ND, SD, UT, WY.
                      [email protected]........  303-312-6064 (fax)             ............................
IX..................  Patricia Bowlin..............  415-744-1188.................  AZ, CA, HI, NV, American
                                                                                     Samoa, Guam.
                      [email protected]......  415-744-1076 (fax)             ............................
X...................  Catherine Woo................  206-553-1814.................  AK, ID, OR, WA.
                      [email protected]........  206-553-0110 (fax)             ............................
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Preamble Outline.

I. Background
    A. HMIWI Regulations
    B. Who This HMIWI Federal Plan Affects
    C. Implementing Authority
    D. HMIWI Federal Plan and Indian Country
    E. Status of State Plan Submittals
II. Required Elements of the HMIWI Federal Plan
III. Considerations in Developing the Final Federal Plan
    A. Compliance Schedule
    B. Title V Permitting Requirements
    C. Transfer of Authority
IV. Summary of Federal Plan Requirements
    A. Applicability
    B. Emission Limits
    C. Additional Requirements
    D. Compliance Dates
    1. HMIWI That Continue Operation
    2. HMIWI That Have or Will Shut Down
    3. Summary of Compliance Dates
V. 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
    1. State or Tribe Submits a Plan After HMIWI Located in the Area 
Are Subject to the Federal Plan
    2. State Takes Delegation of the Federal Plan
VI. Title V Operating Permits
VII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Executive Order 13132
    E. Executive Order 13045
    F. Executive Order 13084
    G. Unfunded Mandates Act
    H. Regulatory Flexibility Act and Small Business Regulatory 
Enforcement Fairness Act
I. National Technology Transfer and Advancement Act
J. Submission to Congress and the General Accounting Office

I. Background

A. HMIWI Regulations

    On September 15, 1997, EPA promulgated emission guidelines for 
existing HMIWI under authority of sections 111 and 129 of the CAA. See 
62 FR 48348 (to be codified at 40 CFR part 60, subpart Ce, Secs. 60.30e 
through 60.39e). To make these emission guidelines enforceable, States 
with existing HMIWI were required to submit to EPA, within 1 year 
following promulgation of the emission guidelines, a State plan that 
implements and enforces the emission guidelines. States without any 
existing HMIWI were required 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.
    As discussed in section I.D of this preamble, Indian Tribes may, 
but are not required to, submit Tribal plans to cover HMIWI in Indian 
country. A Tribe may submit to the Administrator a letter of negative 
declaration certifying that no HMIWI are located in the Tribal area. No 
plan is required for Tribes that do not have any HMIWI.
    Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require 
EPA to develop, implement, and enforce a Federal plan to cover existing 
HMIWI located in States that do not have an approved plan. Hospital/
medical/infectious waste incinerators located in States or Tribal areas 
that mistakenly submit a letter of negative declaration would be 
subject to the Federal plan until a State or Tribal plan that includes 
these HMIWI is approved and effective.
    Today's action adopts a Federal plan for HMIWI that are not yet 
covered by an approved State or Tribal plan. The elements of the 
Federal plan are summarized in section II of this preamble. This HMIWI 
Federal plan was proposed in the Federal Register on July 6, 1999 (64 
FR 36425). Comment letters on the proposed Federal plan were received 
through September 8, 1999. An opportunity for a public hearing was 
offered, but no requests were received and a public hearing was not 
held. Public comments and EPA responses are documented in ``Hospital/
medical/Infectious Waste Incinerators: Background Information for 
Federal Plan--Summary of Public Comments and Responses,'' (EPA-456/R-
00-003), Docket A-98-24, Item III-B-1. The EPA's responses to the 
public comments and changes to the regulation are also summarized in 
section III of this preamble.

B. Who This HMIWI Federal Plan Affects

    This HMIWI Federal plan will affect existing HMIWI for which 
construction commenced on or before June 20, 1996.

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The HMIWI will be subject to this Federal plan if any of the following 
is true on the effective date of the Federal plan:
    (1) The State or Tribal plan has not become effective; \1\
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    \1\ The effective date of a State or Tribal plan from EPA's 
perspective (a State and Tribe may have an earlier effective date) 
is 30 days after the State or Tribal plan approval is published in 
the Federal Register if the approval is via the regular regulatory 
procedure of proposal with opportunity for comment followed by 
promulgation. If the approval is by direct final rule making, the 
effective date of the State/Tribal plan is 60 days after the 
approval is published in the Federal Register if no adverse comments 
are received.
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    (2) The State or Tribal plan was in effect but was subsequently 
vacated in whole or in part; or
    (3) The State or Tribal plan was in effect but was subsequently 
revised such that it is no longer as protective as the emission 
guidelines.
    The specific applicability of this plan is described in 
Secs. 62.14400 through 62.14403 of subpart HHH.
    Once an approved State or Tribal plan is in effect, the Federal 
plan will no longer apply to HMIWI covered by such plan. An approved 
State or Tribal plan is a plan that 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 EPA's approval.
    Today's adoption of this HMIWI Federal plan does not preclude a 
State or Tribe from submitting a plan later. If a State or Tribe 
submits a plan after today's publication of the HMIWI Federal plan, EPA 
will review and approve or disapprove the State/Tribal plan. If EPA 
approves the plan, then the Federal plan no longer applies as of the 
effective date of the State/Tribal plan. (See the discussion in ``State 
or Tribe Submits A Plan After HMIWI Located in the Area Are Subject to 
the Federal Plan'' in section V.C.1 of this preamble.) If an HMIWI was 
overlooked by a State or Tribe and the State/Tribe submitted a negative 
declaration letter, the HMIWI would be subject to this Federal plan.

C. Implementing Authority

    The EPA Regional Administrators have been delegated the authority 
for implementing the HMIWI Federal plan. All reports required by this 
Federal plan should be submitted to the appropriate Regional Office 
Administrator. Table 2 under SUPPLEMENTARY INFORMATION lists the names 
and addresses of the EPA Regional Office contacts and the States that 
they cover.

D. HMIWI Federal Plan and Indian Country

    The term ``Indian country,'' as used in this preamble, means (1) 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation; (2) all dependent Indian communities within the borders of 
the United States whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State; 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same.
    The Tribal Authority Rule authorizes eligible Tribal governments to 
submit to EPA a Tribal plan for HMIWI (64 FR 7254, February 12, 1998). 
The Tribal Authority Rule also contains a discussion on the EPA's 
authority to implement Clean Air Act programs in Indian country. The 
Federal plan will apply throughout Indian country except where a Tribal 
plan has been explicitly approved by EPA to cover an area of Indian 
country. This approach is consistent with that in the proposed Federal 
Operating Permits Rule (62 FR 13747, March 21, 1997). The preamble to 
the proposed HMIWI Federal plan discussed and requested comments on 
application of the HMIWI Federal plan in Indian country. The EPA 
received no comments on this issue.

E. Status of State Plan Submittals

    Sections 111(d) and 129(b)(2) of the CAA, as amended, 42 U.S.C. 
7411(d) and 7429(b)(2), authorize EPA to develop and implement a 
Federal plan for HMIWI located in States with no approved and effective 
State plan. Table 3 summarizes the current status of State plans. The 
HMIWI covered in EPA-approved State plans are not subject to the HMIWI 
Federal plan, as of the effective date specified in the Federal 
Register notice announcing EPA's approval of the State plan. The EPA is 
not expecting State plans to be submitted by the States that submitted 
negative declarations. However, in the unlikely event that there are 
HMIWI located in these States, this Federal plan would automatically 
apply to them.

                     Table 3.--Status of State Plans
------------------------------------------------------------------------
 
------------------------------------------------------------------------
I. States with EPA-Approved State Plans...  Alabama, Alleghany County in
                                             Pennsylvania, Arizona,
                                             Colorado, Delaware,
                                             Georgia, Idaho, Illinois,
                                             Indiana, Iowa, Kansas,
                                             Louisiana, Mississippi,
                                             Missouri, Montana,
                                             Nebraska, New Hampshire,
                                             New York, North Dakota,
                                             South Dakota, Utah, West
                                             Virginia, and Wyoming.
II. Negative Declaration Submitted to EPA.  District of Columbia,
                                             Forsyth County in North
                                             Carolina, Huntsville in
                                             Alabama, Jefferson County
                                             in Kentucky, Nashville/
                                             Davidson County in
                                             Tennessee, Nevada, New
                                             Mexico, Oregon, and
                                             Vermont.
III. Final State Plan Submitted to EPA....  Florida, Maryland, and
                                             Pennsylvania.
IV. Draft State Plan Submitted to EPA.....  Chattanooga/Hamilton County
                                             Tennessee, Knox County in
                                             Tennessee, Memphis/Shelby
                                             County in Tennessee,
                                             Michigan, Minnesota, New
                                             Jersey, Ohio, Oklahoma,
                                             Puerto Rico, Rhode Island,
                                             South Carolina, Texas, and
                                             Virginia.
------------------------------------------------------------------------

    The EPA is currently reviewing final and draft State plans 
submitted by the States listed in parts III and IV of Table 3. The 
Federal plan covers HMIWI in these States until these State plans are 
approved by EPA and become effective. Other States are making 
significant progress on their State plans and EPA expects many State 
plans to be approved in the next several months. 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 is not aware of any Indian Tribes that are developing Tribal plans.
    The EPA will maintain a list of State plan submittals and approvals 
on the Unified Air Toxics Website at http://www.epa.gov/ttn/uatw/129/hmiwi/rihmiwi.html. The list will help HMIWI owners or operators 
determine whether their HMIWI is affected by a State plan, a Tribal 
plan, or the Federal plan. Hospital/medical/infectious waste 
incinerator owners and operators 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 State plan in place.

II. Required Elements of the HMIWI Federal Plan

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and

[[Page 49871]]

7429(b)(2), require States to develop and implement State plans for 
HMIWI to implement and enforce the promulgated emission guidelines. 
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) 
emission limits, (5) compliance schedules, (6) public hearing 
requirements, (7) testing, monitoring, inspection, reporting, and 
recordkeeping requirements, (8) waste management plan requirements, (9) 
operator training and qualification requirements, and (10) progress 
reporting. Each State plan element was discussed in detail as it 
relates to the Federal plan in the preamble to the proposed rule (64 FR 
36425). Table 4 lists each element and identifies where it is located 
or codified. The EPA received public comments on the mechanisms for 
implementation, inspection requirements, compliance schedules, and 
title V permitting requirements. A summary of these comments and EPA's 
responses is presented in section III of this preamble.

                Table 4.--Required Elements and Location
------------------------------------------------------------------------
Required element of the HMIWI Federal plan          Where located
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Identification of legal authority and       Section 129(b)(3) of the
 mechanisms for implementation.              CAA.
Identification of mechanisms for            Section V of this preamble.
 implementation.
Inventory of HMIWI........................  Docket A-98-24, Item II-B-1.
Emissions inventory.......................  Docket A-98-24, Item II-B-1.
Emission limits...........................  40 CFR 62.14410 to 62.14413
                                             of subpart HHH.
Compliance schedules......................  40 CFR 62.14470 to 62.14472
                                             of subpart HHH.
Public hearing requirements...............  Section II.I of 64 FR 36431,
                                             July 6, 1999.
Testing and monitoring requirements.......  40 CFR 62.14450 to 62.14455
                                             of subpart HHH.
Inspection requirements...................  40 CFR 62.14440 to 62.14443
                                             of subpart HHH.
Reporting and recordkeeping requirements..  40 CFR 62.14460 to 62.14465
                                             of subpart HHH.
Waste management plan requirements........  40 CFR 62.14430 to 62.14432
                                             of subpart HHH.
Operator training and qualification         40 CFR 62.14420 to 62.14425
 requirements.                               of subpart HHH.
Progress reports..........................  Section II.J of 64 FR 36431,
                                             July 6, 1999.
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III. Considerations in Developing the Final Federal Plan

    This section of the preamble summarizes the changes to the HMIWI 
Federal plan considered as a result of the public comments received on 
the proposed plan. There were six comments received on the proposed 
Federal plan. The majority of the comments addressed minor 
inconsistencies between the emission guidelines promulgated on 
September 15, 1997 and the proposed Federal plan. Three areas (the 
compliance schedule; title V operating permit requirements for 
incinerators burning only pathological waste, low-level radioactive 
waste, and/or chemotherapeutic waste, and co-fired combustors; and 
delegation of authority) are addressed in detail in the following 
discussion. The public comments in their entirety are summarized and 
addressed in the promulgation background information document (EPA-456/
R-00-003, Docket A-98-24, Item III-B-1).

A. Compliance Schedule

    During the public comment period one commenter expressed concern 
over the uncertainties associated with the March 2, 1999 U.S. Court of 
Appeals decision concerning the emission limits for existing HMIWI. The 
commenter stated that the court decision has created enough uncertainty 
with respect to the final emission limits and that compliance with the 
emission limits in the Federal plan should not be required until the 
Federal court is satisfied. The Sierra Club and Natural Resources 
Defense Council (NRDC) challenged EPA's rule establishing HMIWI 
standards, complaining principally that EPA failed to comply with the 
specifications of the maximum achievable control technology (MACT) 
floors for new and existing HMIWI. Although the court rejected the 
petitioners' statutory construction challenge, the court did conclude 
that there are serious doubts about the reasonableness of EPA's 
treatment of the floor requirements, and remanded the rule for further 
explanation. The court decided not to vacate the standard. Rather, the 
current regulation remains in place as requested by Sierra Club and 
NRDC. In light of the court decision, EPA is obligated to adhere to the 
compliance schedule set forth in the Emission Guidelines. Therefore, 
the EPA must promulgate the final Federal plan as scheduled.

B. Title V Permitting Requirements

    One commenter objected to EPA's proposal to exempt both co-fired 
combustors and HMIWI that combust only pathological, low-level 
radioactive, and/or chemotherapeutic waste from title V permitting 
requirements. The commenter indicated that EPA's interpretation of 
title V applicability conflicts with the requirements of both section 
502(a) and section 129(e) of the CAA. The commenter noted that section 
502(a) requires sources subject to standards under section 111 to 
obtain title V permits. In addition, section 129(e) requires that 
``Beginning (1) 36 months after the promulgation of a performance 
standard * * * each unit in the category shall operate pursuant to a 
permit issued under this subsection and title V.'' The commenter 
interpreted EPA's position as follows: If co-fired combustors (as 
defined in section 62.14490 of subpart HHH) and HMIWI combusting only 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste (also defined in section 62.14490 of subpart 
HHH) comply with their recordkeeping obligations, they need not obtain 
a title V permit. However, if they fail to keep the required records, 
they must obtain a title V permit. The commenter mentioned that general 
title V permits could be crafted to reduce the burden of title V 
permitting for these exempt sources.
    The commenter pointed out that under EPA's proposal not to require 
title V permits for these sources, control agencies and the public will 
not be able to determine whether the sources are keeping the proper 
records; records which are the basis for creating and continuing the 
exemption from title V permitting. The commenter stated that nothing in 
the proposed rule requires sources to submit summaries of the required 
records or to certify that they are keeping the records. The commenter 
noted that if a title V permit were required, sources would be required 
to certify that they are conducting the required recordkeeping. The 
commenter requested that EPA either require sources to obtain title V 
permits or

[[Page 49872]]

adopt an equally enforceable and transparent mechanism to require 
sources to certify that they are conducting the required recordkeeping 
and to ensure that citizens can access information relevant to the 
obligation to keep such records. The commenter noted that if these 
records are maintained onsite at a source, then the relevant agency may 
take the position that the records are not subject to disclosure under 
``freedom of information'' laws. Therefore, the commenter requested 
that this rule: (1) Require these sources to submit these records to 
the appropriate public authority on request; and (2) require that EPA, 
State and local agencies adopt rules providing that the relevant agency 
will request these records from sources if they are requested by the 
public.
    A second commenter disagreed with EPA's assessment that reporting 
and recordkeeping requirements are not substantive elements of the 
HMIWI rule for purposes of title V even though pathological, low-level 
radioactive, and chemotherapeutic wastes are being considered under the 
Industrial Combustion Coordinated Rulemaking (ICCR). The commenter 
noted that recordkeeping and reporting supplies the agency with vital 
information to ensure that rules are functioning as intended and helps 
to supply data needed to develop new rules such as the ICCR. In 
addition, recordkeeping and reporting require a significant amount of 
employee time and facility dollars.
    The second commenter stated that the CAA requires specific reasons 
for a decision by EPA that a source should not be required to file a 
title V permit. The commenter noted that section 502(a) of the CAA 
states that EPA may exempt a source in one or more source categories if 
EPA finds that ``compliance with such requirements is impracticable, 
infeasible, or unnecessarily burdensome on such categories. * * *'' 
However, the law does not state that EPA may exempt a source category 
when only recordkeeping and reporting are required. The commenter noted 
that requiring co-fired combustors and HMIWI combusting only 
pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste to file a title V permit application may not be 
practicable at this time because EPA may develop a rule with specific 
emission limits for these sources in the near future. However, the 
commenter stated that offering these types of sources several years of 
additional time to come into compliance without requiring that they 
take some action towards understanding their obligations under the CAA 
is inappropriate.
    The EPA disagrees with both commenters' views concerning this 
Federal plan. The Federal plan requires owners or operators of HMIWI 
combusting only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste and co-fired combustors to fulfill certain 
recordkeeping and reporting requirements to demonstrate that they are 
exempt from the emission control-related requirements of the Federal 
plan. These emission control-related requirements include emission 
limits; waste management plan requirements; operator training and 
qualification requirements; inspection requirements; compliance and 
performance testing requirements; monitoring requirements; and the 
emission control-related reporting and recordkeeping requirements, but 
not the reporting and recordkeeping requirements related to the 
applicability of the Federal plan and necessary for these sources to 
demonstrate exemption.
    The reporting and recordkeeping requirements that these sources 
must fulfill (in section 62.14400 [Applicability] of subpart HHH) 
differ from the emission control-related reporting and recordkeeping 
requirements (in sections 62.14460 through 62.14465 [Reporting and 
Recordkeeping] of subpart HHH) of the Federal plan. Section 62.14400 
requires owners or operators of HMIWI that combust only pathological 
waste, low-level radioactive waste, and/or chemotherapeutic waste and 
owners or operators of co-fired combustors to submit a one-time 
notification of an exemption claim. In addition to this exemption 
claim, owners or operators of HMIWI that combust only pathological 
waste, low-level radioactive waste, and/or chemotherapeutic waste must 
keep records on a calendar quarter basis of the periods of time when 
these types of waste are the only types of waste combusted. Owners or 
operators of co-fired combustors must keep records on a calendar 
quarter basis of the weight of hospital waste and medical/infectious 
waste combusted and the weight of all other fuels and wastes combusted. 
The emission control-related reporting and recordkeeping requirements 
for HMIWI include notifications, records, and reports pertaining to 
waste management, parameter monitoring, operator training, inspections, 
and performance testing.
    The EPA interprets CAA section 502(a) and 40 CFR 70.3(a)(2) and 
71.3(a)(2) to mean that sources subject to this exemption (HMIWI 
combusting only pathological waste, low-level radioactive waste, and/or 
chemotherapeutic waste, and co-fired combustors) are not subject to 
standards or regulations under section 111 for purposes of title V 
permitting. The Agency believes that the recordkeeping and reporting 
requirements with which these facilities must comply if they are to 
attain and maintain their exemptions are not the type of requirements 
that make them ``subject to'' a standard or regulation under section 
111 within the meaning of the first sentence of section 502(a). In 
EPA's view, facilities in this unique position do not even meet the 
threshold criteria for sources required to obtain title V permits under 
section 502(a) of the CAA. Therefore, these sources are not required to 
apply for title V permits on the basis of the applicability of 
recordkeeping and reporting requirements necessary to qualify for 
exemption from the emission control-related requirements of the Federal 
plan. (Although these recordkeeping and reporting requirements do not 
trigger the requirement to apply for a title V permit, they must be 
incorporated into any title V permit these sources may be required to 
obtain for reasons other than subpart HHH.) However, owners and 
operators of these sources that do not comply with the recordkeeping 
and reporting requirements necessary to attain and maintain exemption 
from the Federal plan will become subject to the emission control-
related requirements and will have to obtain title V permits. While 
HMIWI combusting pathological, low-level radioactive, and/or 
chemotherapeutic waste and co-fired combustors subject to this 
exemption need not obtain title V permits now as a matter of Federal 
law, they are not prohibited from applying for title V permits.
    As the second commenter stated, section 502(a) of the CAA also 
provides a mechanism for the Administrator to ``promulgate regulations 
to exempt'' one or more source categories from title V permitting 
requirements, if EPA finds that compliance with such requirements is 
``impracticable, infeasible, or unnecessarily burdensome on such 
categories, except that the Administrator may not exempt any major 
source from such requirements.'' The EPA is not invoking this mechanism 
to justify its conclusion that facilities subject to exemptions from 
emissions-control related requirements are not required to obtain title 
V permits. These facilities have not been ``exempted'' from title V 
within the meaning of the last sentence of section 502(a), and the 
Agency has not made or does not purport to have

[[Page 49873]]

made the statutory showing of impracticability, infeasibility or 
unnecessary burden for these sources. Rather, as stated earlier, the 
Agency believes that the recordkeeping and reporting requirements with 
which these facilities must comply are not the type that would make 
them ``subject to'' a standard under section 111 or 502(a) of the CAA. 
These reporting and recordkeeping requirements are simply conditions 
for exemption from the emission control-related requirements of the 
Federal plan.
    Under the Federal plan sources are not required to routinely submit 
to EPA the records they are required to maintain onsite to support 
their exemption from the section 129 standard. However, we are adding 
two provisions to the regulation to facilitate public access to those 
records. First, the regulation requires in Secs. 62.14400(b)(1) and 
(b)(2) that these sources must submit these records to EPA upon 
request. Second, the regulation requires in Sec. 62.14400(c) that EPA 
request these records from these sources if requested by a citizen 
under the Freedom of Information Act, consistent with EPA regulations 
set forth at 40 CFR part 2. Should a State take delegation of the 
Federal plan rather than submitting an approvable State plan, the State 
would have the obligation to obtain these records from sources 
following receipt of a citizen request under applicable freedom of 
information laws (comparable to the Freedom of Information Act) and 
make such information available to the requestor.
    Additionally, to clarify what the records maintained by co-fired 
combustors must contain in order for an exemption from the emission 
control-related requirements of subpart HHH and title V permitting to 
be allowed, we have added language to Sec. 62.14400(b)(2). Language in 
this section states that the records maintained by the owner or 
operator of a co-fired combustor must reflect that the source continues 
to meet the definition of co-fired combustor in Sec. 62.14490. Language 
has been added to Sec. 62.14400(c) stating that the records required by 
paragraphs (b)(1) and (b)(2) of Sec. 62.14400 must be maintained by the 
relevant sources for a period of at least 5 years. Language has also 
been added to Sec. 62.14400(c) stating that the notifications of 
exemption claims also required by paragraphs (b)(1) and (b)(2) of 
Sec. 62.14400 must be maintained by the EPA or delegated enforcement 
authority for a period of at least 5 years. Such notifications are to 
be made available upon request.

C. Transfer of Authority

    One commenter raised the question of whether the authority to 
implement the Federal plan could be transferred to States and local 
agencies through the title V operating permits program. The commenter 
noted that part IV of the preamble to the proposed Federal plan (in 
section C on page 36432) describes two mechanisms for transferring 
authority to State and local agencies and that part V of the preamble 
discusses title V operating permits programs. These two mechanisms as 
described on page 36432 of the proposed Federal plan are (1) the 
approval of a State plan after the Federal plan is in effect; and (2) 
if a State does not submit or obtain approval of its own plan, EPA 
delegation to a State of the authority to implement certain portions of 
the HMIWI Federal plan. The commenter recommended that the preamble to 
the final Federal plan recognize the title V operating permits program 
as a third mechanism for transferring authority to State and local 
agencies. The commenter noted that many State and local agencies 
implement title V programs and that title V permits must include the 
requirements of the Federal plan. Thus, title V permitting authorities 
already have implementation responsibility for the Federal plan through 
the title V permits program, regardless of whether the authority to 
implement the Federal plan is delegated to the State or local agency. 
The commenter stated that the authority to implement the Federal plan 
would be most useful before a title V permit is issued. The commenter 
stated that the time required for a State to request and obtain 
authority to implement the Federal plan through delegation is similar 
to the lead time required in the Federal plan for submitting title V 
permit applications. The commenter requested an explanation of why 
delegation of the Federal plan is necessary if a title V program is in 
place.
    There are legal and practical reasons why incorporating a standard 
into a permit without formal delegation is not equivalent to taking 
formal delegation and then issuing a part 70 permit containing the 
standard. The Act and part 70 require States, local agencies, or Tribes 
wishing to adopt a part 70 permitting program to have the legal 
authority to place all applicable requirements (including HMIWI 
standards) in permits and to implement and enforce them in that 
context. However, this requirement is not legally equivalent to formal 
delegation, nor does it take the place of formal delegation. When a 
State takes formal delegation, EPA allows the State to implement and 
enforce a standard independent of a title V permit. This is significant 
because a title V source may be allowed to operate without a title V 
permit for a number of years in some cases between the time it first 
triggers the requirement to apply for a permit and the issuance of the 
permit. Prior to the issuance of a part 70 permit and absent formal 
delegation, the State may not implement and enforce the requirements of 
a standard. Moreover, a source with a title V permit with a permit term 
less than 3 years is not required by part 70 to reopen the permit to 
include new applicable requirements, such as the HMIWI standard. See 40 
CFR Sec. 70.7(f)(1)(i). However, the source must still comply with that 
standard. Delegation enables a State to implement and enforce the 
standard outside of the permit until permit renewal.
    The commenter also mentioned that the last statement in part IV of 
the preamble to the proposed Federal plan, which indicates that EPA 
would retain responsibility for enforcement after delegation, should be 
qualified to reflect State and local enforcement responsibility after a 
title V permit is issued. The commenter questioned whether EPA or the 
State and local title V permitting authorities would have enforcement 
responsibilities for the Federal plan after a title V permit is issued 
to a source.
    The EPA first notes that the language in the proposal preamble to 
which the commenter refers was errant and has been deleted from the 
preamble to the final rule. Rather, EPA's position on this issue is 
accurately reflected in the same part of the proposal preamble (part 
IV) that the commenter references under the section titled ``Delegation 
of the Federal Plan and Retained Authorities'': ``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 Federal plan.'' Moreover, 
the retained authorities discussion immediately following this sentence 
in the proposal preamble does not address enforcement of the Federal 
plan, and Sec. 62.14495 of the proposed and final rules does not 
include enforcement of the Federal plan as an authority retained by the 
EPA Administrator. In fact, both State and Tribal permitting 
authorities that have taken delegation, as well as the EPA, will have 
responsibility for bringing enforcement actions against sources 
violating Federal plan requirements. Prior to delegation, only the EPA 
will have enforcement authority. In neither instance does the title V 
permit status of a source affect the enforcement

[[Page 49874]]

responsibility of EPA and the State or Tribal permitting authorities.

IV. Summary of Federal Plan Requirements

    The HMIWI Federal rule (40 CFR part 62, subpart HHH) which 
implements this Federal plan includes emission limits, monitoring and 
performance testing requirements, inspection requirements (for small 
rural HMIWI only), waste management plan requirements, operator 
training and qualification requirements, and recordkeeping and 
reporting requirements. The requirements are summarized in this 
section.

A. Applicability

    The HMIWI Federal plan applies to existing HMIWI that either are 
not covered by an approved and effective State or Tribal plan or are 
located in a State or Tribal area that has incorrectly submitted a 
negative declaration. An existing HMIWI is an HMIWI for which 
construction commenced on or before June 20, 1996. Hospital/medical/
infectious waste incinerators for which construction commenced after 
June 20, 1996 or modification commenced after March 16, 1998 are not 
subject to the Federal plan; they are new sources and are subject to 40 
CFR part 60 subpart Ec New Source Performance Standards (NSPS). An 
HMIWI is defined as any device that combusts any amount of medical/
infectious waste or hospital waste. The terms ``medical/infectious 
waste'' and ``hospital waste'' are defined in Sec. 62.14490 of subpart 
HHH.
    Incinerators that burn only pathological, low-level radioactive, or 
chemotherapeutic waste (all defined in Sec. 62.14490 of subpart HHH) 
are not subject to the emission control-related requirements of the 
Federal plan during periods when they burn such wastes provided that 
they notify EPA of an exemption claim and keep records of the periods 
of time when only pathological, low-level radioactive, or 
chemotherapeutic waste is burned. Existing incinerators, processing 
operations, or boilers that cofire hospital waste and/or medical/
infectious waste with other fuels or wastes and combust 10 percent or 
less combined medical/infectious and hospital waste by weight (on a 
calendar quarter basis) are also not subject to the emission control-
related requirements of the Federal plan provided they file an 
exemption claim and keep records of the amounts of each fuel and waste 
burned. Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is exempt from the Federal plan, as are 
municipal waste combustors subject to 40 CFR 60 subparts Cb, Ea, or Eb. 
Finally, pyrolysis units (as defined in Sec. 62.14490 of subpart HHH) 
and cement kilns firing hospital waste and/or medical/infectious waste 
are also not subject to this Federal plan.
    The HMIWI source category is divided into small (200 lb/
hr), medium (>200 to 500 lb/hr), and large (>500 lb/hr) subcategories 
based on waste burning capacity. Waste burning capacity is determined 
either by the maximum design capacity or by the ``maximum charge rate'' 
established during the most recent performance test. In other words, a 
source may change its size designation by establishing an enforceable 
``maximum charge rate'' lower than its design capacity. For example, a 
``medium'' unit with a design capacity of 250 lb/hr may establish a 
maximum charge rate of 200 lb/hr and be considered a ``small'' unit for 
purposes of the Federal plan. Separate requirements apply to each 
subcategory of existing HMIWI.

B. Emission Limits

    Table 5 provides the emission limits for existing HMIWI covered by 
the Federal plan. In addition to the emission limits presented in Table 
5, all HMIWI are subject to a 10 percent stack opacity limitation. 
Stack opacity will be determined using EPA Reference Method 9.
    The Federal plan contains alternative emission limits for small 
HMIWI that meet the following ``rural criteria': (1) The small HMIWI is 
located at least 50 miles from the nearest Standard Metropolitan 
Statistical Area (SMSA) boundary; and (2) the small HMIWI burns no more 
than 2,000 pounds of hospital waste and medical/infectious waste per 
week. For this Federal plan, the list of areas comprising each SMSA as 
of June 30, 1993 (defined by the Office of Management and Budget [OMB]) 
will be used to determine whether a small HMIWI meets the ``rural 
criteria.'' The list of areas comprising each SMSA is presented in OMB 
Bulletin No. 93-17 entitled ``Revised Statistical Definitions for 
Metropolitan Areas.'' This document is available for public inspection 
and copying at EPA's Air and Radiation Docket and Information Center 
(Docket A-91-61, Item IV-J-125). See the ADDRESSES section at the 
beginning of this preamble for the telephone number and location of the 
docket. In addition, OMB Bulletin No. 93-17 is available at: http://www.census.gov/population/estimates/ metro-city/93mfips.txt, or from 
National Technical Information Services, 5285 Port Royal Road, 
Springfield, Virginia 22161, (703) 487-4650 (document number PB 93-192-
664). The emission limits for small HMIWI that meet the rural criteria 
are provided in Table 6.

                           Table 5.--Summary of Federal Plan Emission Limits for HMIWI
----------------------------------------------------------------------------------------------------------------
                                                                  Emission limits
            Pollutant             ------------------------------------------------------------------------------
                                          Small HMIWI               Medium HMIWI               Large HMIWI
----------------------------------------------------------------------------------------------------------------
Particulate matter...............  115 mg/dscm (0.05 gr/      69 mg/dscm (0.03 gr/      34 mg/dscm (0.015 gr/
                                    dscf).                     dscf).                    dscf).
Carbon monoxide..................  40 ppmv..................  40 ppmv.................  40 ppmv.
Dioxins/furans...................  125 ng/dscm total CDD/CDF  125 ng/dscm total CDD/    125 ng/dscm total CDD/
                                    (55 gr/10\9\ dscf) or      CDF (55 gr/10\9\ dscf)    CDF (55 gr/10\9\ dscf)
                                    2.3 ng/dscm TEQ (1.0 gr/   or 2.3 ng/dscm TEQ (1.0   or 2.3 ng/dscm TEQ (1.0
                                    10\9\ dscf).               gr/10\9\ dscf).           gr/10\9\ dscf).
Hydrogen chloride................  100 ppmv or 93% reduction  100 ppmv or 93%           100 ppmv or 93%
                                                               reduction.                reduction.
Sulfur dioxide...................  55 ppmv..................  55 ppmv.................  55 ppmv.
Nitrogen oxides..................  250 ppmv.................  250 ppmv................  250 ppmv.
Lead.............................  1.2 mg/dscm (0.52 gr/      1.2 mg/dscm (0.52 gr/     1.2 mg/dscm (0.52 gr/
                                    10\3\ dscf) or 70%         10\3\ dscf) or 70%        10\3\ dscf) or 70%
                                    reduction.                 reduction.                reduction.
Cadmium..........................  0.16 mg/dscm (0.07 gr/     0.16 mg/dscm (0.07 gr/    0.16 mg/dscm (0.07 gr/
                                    10\3\ dscf) or 65%         10\3\ dscf) or 65%        10\3\ dscf) or 65%
                                    reduction.                 reduction.                reduction.
Mercury..........................  0.55 mg/dscm (0.24 gr/     0.55 mg/dscm (0.24 gr/    0.55 mg/dscm (0.24 gr/
                                    10\3\ dscf) or 85%         10\3\ dscf) or 85%        10\3\ dscf) or 85%
                                    reduction.                 reduction.                reduction.
----------------------------------------------------------------------------------------------------------------


[[Page 49875]]


Table 6.--Summary of Emission Limits for Small HMIWI That Meet the Rural
                                Criteria
------------------------------------------------------------------------
              Pollutant                         Emission limits
------------------------------------------------------------------------
Particulate matter..................  197 mg/dscm (0.086 gr/dscf).
Carbon monoxide.....................  40 ppmv.
Dioxins/furans......................  800 ng/dscm total CDD/CDF (350 gr/
                                       10\9\ dscf) or 15 ng/dscm TEQ
                                       (6.6 gr/10\9\ dscf).
Hydrogen chloride...................  3,100 ppmv.
Sulfur dioxide......................  55 ppmv.
Nitrogen oxides.....................  250 ppmv.
Lead................................  10 mg/dscm (4.4 gr/10\3\ dscf).
Cadmium.............................  4 mg/dscm (1.7 gr/10\3\ dscf).
Mercury.............................  7.5 mg/dscm (3.3 gr/10\3\ dscf).
------------------------------------------------------------------------

C. Additional Requirements

    This section presents the other major provisions of the Federal 
plan for HMIWI. With the exception of the emission limits referenced 
above and the compliance and performance testing requirements and the 
inspection requirements described in this section, HMIWI that meet the 
small rural criteria are to comply with the same additional 
requirements as all other existing HMIWI. This section does not attempt 
to show all requirements of the Federal plan. The regulatory text of 
subpart HHH contains a full and comprehensive statement of the 
requirements of the Federal plan.
    The Federal plan contains operator training and qualification 
requirements for all HMIWI. Each facility is required to have at least 
one trained and qualified operator on duty or on-call. The trained and 
qualified operator must pass an HMIWI operator training course and meet 
qualification requirements. Also, each facility is required to develop 
site-specific HMIWI operating procedures. Employees involved with HMIWI 
operation must review the site-specific operating information annually.
    The Federal plan requires all facilities to develop a waste 
management plan that identifies the feasibility and approach of 
separating certain components of the healthcare waste stream in order 
to reduce the amount of toxic emissions from incinerated waste.
    The compliance and performance testing requirements in the Federal 
plan differ for small rural HMIWI and for all other HMIWI. Small rural 
HMIWI are required to conduct an initial performance test to determine 
compliance with the PM, CO, CDD/CDF, and Hg emission limits and opacity 
limit, and to establish operating parameters. In addition, small rural 
HMIWI are required to conduct annual tests to determine compliance with 
the opacity limit.
    The compliance and performance testing requirements in the Federal 
plan require facilities with small non-rural, medium, and large HMIWI 
to conduct an initial performance test to determine compliance with the 
PM, CO, CDD/CDF, HCl, Pb, Cd, and Hg emission limits and the opacity 
limit, and to establish operating parameters. These HMIWI are also 
required to conduct annual performance tests to determine compliance 
with the PM, CO, and HCl emission limits and opacity limit. The Federal 
plan allows facilities to conduct performance tests for PM, CO, and HCl 
every third year if the previous three performance tests demonstrate 
that the facility is in compliance with the emission limits for PM, CO, 
and HCl.
    The Federal plan contains monitoring requirements for all HMIWI. 
Each facility is required to install and maintain equipment to 
continuously monitor operating parameters including secondary chamber 
temperature, waste feed rate, use of the bypass stack, and Air 
Pollution Control Device (APCD) operating parameters as appropriate. 
The Federal plan requires facilities to obtain monitoring data at all 
times during HMIWI operation.
    In addition, the Federal plan contains reporting and recordkeeping 
requirements for all HMIWI. Facilities are required to maintain records 
for 5 years of results from the initial performance test and all 
subsequent performance tests, monitored operating parameters, 
inspections (small rural HMIWI only), and operator training and 
qualification. Facilities are required to submit the results of the 
initial performance test and all subsequent performance tests, and to 
submit reports on emission rates or operating parameters that have not 
been recorded or which exceeded applicable limits.

D. Compliance Dates

1. HMIWI That Continue Operation
    The 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 (by August 15, 2001); or (2) meet increments of progress 
and come into compliance by September 15, 2002. Increments of progress 
are necessary in order to ensure that HMIWI needing more time to comply 
are making progress toward meeting the emission limits. This HMIWI 
Federal plan includes as its compliance schedule the same five 
increments of progress from 40 CFR 60.21(h), as required by 40 CFR 
60.24(e)(1), along with defined and enforceable dates for completion of 
each increment.
    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 EPA as each 
increment of progress 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 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 Federal plan. (See Table 1 under the FOR 
FURTHER INFORMATION CONTACT section 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 APCD and/or process changes that will be employed so that each 
HMIWI complies with the emission limits and other requirements. A final 
control plan is not required for units that will be shut down. 
Completion date: September 15, 2000.
    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 onsite 
construction, to initiate onsite 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 EPA within 10 business 
days of entering the contract(s). Completion date: April 15, 2001.
    Begin Onsite Construction. To begin onsite 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 emission limits as outlined in the final control 
plan;

[[Page 49876]]

    (2) Physical preparation necessary for the installation of an air 
pollution control device in order to comply with the final emission 
limits as outlined in the final control plan;
    (3) Alteration of an existing air pollution control device in order 
to comply with the final emission 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 emission limits as outlined in the final control plan; or
    (5) Process changes identified in the final control plan in order 
to meet the emission standards. Completion date: December 15, 2001.
    Complete Onsite Construction. To complete onsite 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: July 15, 2002.
    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 on 
line, all necessary process changes or air pollution control equipment 
will operate as designed. Completion date: September 15, 2002.
    If an HMIWI does not achieve final compliance by September 15, 
2002, the Federal plan requires the HMIWI to shut down by September 15, 
2002, complete the retrofit while not operating, and be in compliance 
upon restarting. Shut down is necessary in order to avoid being out of 
compliance and subject to possible enforcement action.
2. HMIWI That Have or Will Shut Down
    a. Inoperable HMIWI and HMIWI That Shut Down. In cases where an 
HMIWI has been shut down and there are no plans to restart, the HMIWI 
may be left off the source inventory for this Federal plan if it is 
rendered inoperable. The HMIWI owner/operator may do one or more of the 
following to render an HMIWI inoperable: (1) Weld the waste charge door 
shut, (2) remove stack (and by-pass stack, if applicable), (3) remove 
combustion air blowers, and/or (4) remove burners or fuel supply.
    Any owner or operator that plans to shut down their HMIWI rather 
than comply with the Federal plan requirements must do so by August 15, 
2001, the date 1 year after the Federal plan is promulgated. The 
Federal plan contains provisions allowing HMIWI owners or operators 
that are planning to shut down the opportunity to petition EPA for an 
extension beyond the 1-year compliance date (but no later than 
September 15, 2002). An example of a facility that might petition EPA 
for such an extension is a facility installing an onsite 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 shut down under the Federal plan are set forth at section 
62.14471 of subpart HHH.
    All HMIWI that continue to operate 1 year after the Federal plan 
promulgation date must comply with the operator training and 
qualification requirements and the inspection requirements of the plan 
within 1 year after the plan is promulgated. 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 shut 
down after the 1-year compliance date).
    b. HMIWI That Have Shut Down and Will Restart.
    Hospital/medical/infectious waste incinerators that are known to 
have already shut down (but are not known to be inoperable) are 
included in the source inventory for this Federal plan.
    Restarting Before September 15, 2002. If the owner or operator of 
an inactive HMIWI plans to restart before September 15, 2002, the 
Federal plan requires the owner or operator to 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 September 15, 2002.
    Restarting After September 15, 2002. Under this Federal plan, a 
control plan is not needed for inactive HMIWI that restart after 
September 15, 2002. However, before restarting, such HMIWI must 
complete the operator training and qualification requirements and 
inspection requirements (if applicable) and complete retrofit or 
process modifications upon 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 will have occurred before restart while 
the HMIWI was shut down and not generating emissions. An HMIWI that 
operates out of compliance after September 15, 2002 will be in 
violation of the Federal plan and subject to enforcement action.
3. Summary of Compliance Dates
    A summary of dates for compliance with the Federal plan for HMIWI 
is presented in Table 7.

     Table 7.--Compliance Times Under the Federal Plan for All HMIWI
------------------------------------------------------------------------
                Requirement                        Compliance time
------------------------------------------------------------------------
Operator training and qualification.......  Within 1 year after
                                             promulgation of the Federal
                                             plan (for HMIWI that
                                             continue to operate beyond
                                             1 year after promulgation).
Waste management plan.....................  Within 60 days after initial
                                             performance test.
Final compliance with emission limits.....  Within 1 year after
                                             promulgation of the Federal
                                             plan or by September 15,
                                             2002 if the source is
                                             granted an extension.
Initial performance test..................  Within 180 days after
                                             achieving final compliance.
Repeat performance test...................  Within 12 months following
                                             initial performance test
                                             and annually thereafter
                                             \a\.
Parameter monitoring......................  Continuously, upon
                                             completion of initial
                                             performance test.
Inspection (small rural HMIWI only).......  Within 1 year after
                                             promulgation of the Federal
                                             plan (for HMIWI that
                                             continue to operate beyond
                                             1 year after promulgation).
Recordkeeping.............................  Continuously, upon
                                             completion of initial
                                             performance test.
Reporting.................................  Within 60 days after initial
                                             performance test; annually
                                             for subsequent reporting
                                             requirements; semiannually,
                                             if noncompliance.
------------------------------------------------------------------------
\a\ Facilities may conduct performance tests for PM, CO, and HCl every
  third year if the previous three performance tests demonstrate that
  the facility is in compliance with the emission limits for PM, CO, and
  HCl.

V. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, EPA is required to 
adopt emission guidelines that are applicable to existing solid waste 
incineration sources. These emission guidelines are not enforceable 
until EPA approves a

[[Page 49877]]

State or Tribal plan or adopts a Federal plan that implements and 
enforces them, and the State, Tribal, or Federal plan has become 
effective. As discussed above, the Federal plan regulates HMIWI in 
States or Tribal areas that do not have approved plans in effect.
    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 States and local agencies take the primary 
responsibility for ensuring that the emission limitations and other 
requirements in the emission guidelines are achieved. Also, in section 
111(d) of the CAA, Congress explicitly required that EPA establish 
procedures that are similar to those under section 110(c) for State 
Implementation Plans. Although Congress required EPA to propose and 
promulgate a Federal plan for States that fail to submit approvable 
State plans on time, EPA strongly encourages States to submit 
approvable plans. The EPA strongly encourages States that are unable to 
submit approvable plans to request delegation of the Federal plan so 
that they can have primary responsibility for implementing the emission 
guidelines, consistent with Congress' intent.
    Approved and effective State plans or delegation of the Federal 
plan is EPA's preferred outcome since EPA believes that State and local 
agencies not only have the responsibility to carry out the emission 
guidelines, but also have the ``insider'' knowledge and enforcement 
resources critical to achieving the highest rate of compliance. For 
these reasons, EPA will do all that it can to expedite delegation of 
the Federal plan to State and local agencies, whenever possible.
    The EPA also believes that Indian Tribes are the primary parties 
responsible for regulating air quality within Indian country. See EPA's 
Indian Policy (``Policy for Administration of Environmental Programs on 
Indian Reservations,'' signed by William D. Ruckelshaus, Administrator 
of EPA, dated November 4, 1984), reaffirmed in a 1994 memorandum (``EPA 
Indian Policy,'' signed by Carol M. Browner, Administrator of EPA, 
dated March 14, 1994).

B. Delegation of the Federal Plan and Retained Authorities

    If a State or Indian Tribe intends to take delegation of the 
Federal plan, the State or Indian Tribe must submit to the appropriate 
EPA Regional Office a written request for delegation of authority. The 
State or Indian Tribe must explain how it meets the criteria for 
delegation. See generally ``Good Practices Manual for Delegation of 
NSPS and NESHAP'' (EPA, February 1983). In order to obtain delegation, 
an Indian Tribe must also establish its eligibility to be treated in 
the same manner as a State (see section I.D of the preamble). The 
letter requesting delegation of authority to implement the Federal plan 
must demonstrate that the State or Tribe has adequate resources, as 
well as the legal and enforcement authority to administer and enforce 
the program. As mentioned in section III.C, an MOA between the State or 
Tribe and the EPA would set forth the terms and conditions of the 
delegation, the effective date of the agreement, and would also serve 
as 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 authority into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a State or Indian Tribe, EPA will 
implement the Federal plan. Also, if a State or Tribe fails to properly 
implement a delegated portion of the Federal plan, 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 Federal plan. 
In all cases where the Federal plan is delegated, the EPA will retain 
and will not transfer authority to a State or Tribe to approve the 
following items:

    (1) Alternative site-specific operating parameters established 
by facilities using HMIWI controls other than a wet scrubber or dry 
scrubber followed by a fabric filter; and
    (2) Alternative methods of demonstrating compliance.
    Hospital/medical/infectious waste incinerator owners or 
operators who wish to establish alternative operating parameters or 
alternative methods of demonstrating compliance should submit a 
request to the Regional Office Administrator with a copy to the 
appropriate State or Tribe.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to State or Tribal agencies: (1) EPA approval of a State or Tribal plan 
after the Federal plan is in effect; and (2) if a State or Tribe does 
not submit or obtain approval of its own plan, EPA delegation to a 
State or Tribe of the authority to implement certain portions of this 
Federal plan to the extent appropriate and if allowed by State or 
Tribal law. Both of these options are described in more detail below.
1. State or Tribe Submits a Plan After HMIWI Located in the Area Are 
Subject to the Federal Plan
    After HMIWI in a State or Tribal area become subject to the Federal 
plan, the State or Tribal agency may still adopt and submit a plan to 
EPA. If EPA determines that the State or Tribal plan is as protective 
as the emission guidelines, EPA will approve the State or Tribal plan. 
If EPA determines that the plan is not as protective as the emission 
guidelines, EPA will disapprove the plan and the HMIWI covered in the 
State or Tribal plan would remain subject to the Federal plan until a 
State or Tribal plan covering those HMIWI is approved and effective.
    Upon the effective date of a State or Tribal plan, the Federal plan 
would no longer apply to HMIWI covered by such a plan and the State or 
Tribal agency would implement and enforce the State or Tribal plan in 
lieu of the Federal plan. When an EPA Regional Office approves a State 
or Tribal plan, it will amend the appropriate subpart of 40 CFR part 62 
to indicate such approval.
2. State Takes Delegation of the Federal Plan
    State or Tribal agencies may assume implementation of this Federal 
plan. As discussed above, EPA believes that it is advantageous and the 
best use of resources for State or Tribal agencies to agree to 
undertake, on EPA's behalf, administrative and substantive roles in 
implementing the Federal plan to the extent appropriate and where 
authorized by State or Tribal law. These functions could include 
administration and oversight of compliance reporting and recordkeeping 
requirements, HMIWI inspections, and preparation of notices of 
violation. Both States, or Tribal agencies, that have taken delegation, 
as well as EPA, will have responsibility for bringing enforcement 
actions against sources violating Federal plan provisions.

VI. Title V Operating Permits

    Sources subject to this HMIWI Federal plan must obtain title V 
operating permits. Those title V operating permits must assure 
compliance with all applicable requirements for the source, including 
all applicable requirements of this Federal plan. See 40 CFR 
70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
    Under section 129(e) of the CAA, owners or operators of HMIWI 
subject to

[[Page 49878]]

this Federal plan must operate pursuant to a title V permit no later 
than 36 months after promulgation of the HMIWI emission guidelines 
(i.e., by September 15, 2000), or by the effective date of the State, 
Tribal, or Federal title V permits program that covers the area in 
which the unit is located, whichever is later.\2\ If an owner or 
operator is required to obtain a title V permit for the first time by 
virtue of being subject to the Federal plan, the owner or operator must 
submit a complete title V permit application by the applicable permit 
deadline (i.e., by September 15, 2000) or the effective date of the 
State, Tribal, or Federal operating permits program, whichever is 
later.\3\
---------------------------------------------------------------------------

    \2\ One area covered by title V permitting programs is the Outer 
Continental Shelf. See 40 CFR 55.6.
    \3\ Section 503(d) of the CAA and 40 CFR 70.7(b) and 71.7(b) 
allow a source to operate without being in violation of title V once 
the source has submitted a timely and complete permit application, 
even if the source has not yet received a final title V operating 
permit from the permitting authority. To this end, the application 
should be submitted early enough for the permitting authority to 
find the application either complete or incomplete before the 
application deadline. In the event the application is found 
incomplete by the permitting authority, the source must submit the 
information needed to make the application complete by the 
application deadline in order to obtain the application shield. See 
40 CFR 62.14481 and 40 CFR 70.5(a)(2) and 71.5(a)(2).
---------------------------------------------------------------------------

    An earlier permit deadline may apply if an HMIWI is subject to 
title V for another reason. If an owner or operator is already subject 
to title V by virtue of some other requirement and has submitted a 
timely and complete permit application but the title V permit has not 
yet been released by the permitting authority, then the owner or 
operator should supplement its title V application by including the 
applicable requirements of the Federal plan in accordance with 40 CFR 
70.5(b) or 71.5(b).
    If an owner or operator of an HMIWI is already subject to title V 
by virtue of some other requirement on the effective date of this 
Federal plan and already possesses a title V permit with a remaining 
term of 3 or more years, then the owner or operator will receive from 
its permitting authority a notice of intent to reopen the title V 
permit to include the requirements of the Federal plan in accordance 
with the procedures established in 40 CFR 70.7(f) or 71.7(f). An owner 
or operator of an HMIWI with a title V permit having a remaining term 
of less than 3 years on the effective date of this Federal plan need 
not modify its title V permit, as a matter of Federal law, to include 
the Federal plan requirements until that permit is renewed.\4\ However, 
the owner or operator remains subject to, and must act in compliance 
with, the Federal plan requirements.
---------------------------------------------------------------------------

    \4\ See CAA section 502(b)(6); 40 CFR 70.7(f)(1)(I) and 
71.7(f)(1)(I). The CAA authorizes State, Tribal and Federal 
operating permits programs to require permits to be reopened and 
modified to incorporate the requirements of the Federal plan when 
fewer than 3 years remaining on a source's permit, however, so 
permitting authorities could reopen permits sooner than required by 
Federal law. Such reopenings should be completed no later than 18 
months after promulgation of the applicable requirement. Any sources 
in this situation may wish to consult their operating permits 
program regulations or permitting authorities to determine whether 
revisions to their permits are necessary to incorporate the Federal 
plan requirements.
---------------------------------------------------------------------------

    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 
the Federal plan. See Sec. 62.14400. These HMIWI and co-fired 
combustors are not subject to the emission control-related requirements 
of the Federal plan as long as they comply with the recordkeeping and 
reporting requirements set forth as conditions for their exemption. 
Therefore, as discussed in section III.B of this preamble and in the 
preamble to the proposed Federal plan (64 FR 36425, July 6, 1999), 
owners and operators of these sources are not 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-emission control-
related recordkeeping and reporting requirements. See Sec. 62.14480. 
However, 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 Federal plan will become subject to those 
other requirements and will have to obtain title V permits. Moreover, 
if, in the future, 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.

VII. Administrative Requirements

    This section addresses the following administrative requirements: 
Docket, Paperwork Reduction Act, Executive Orders 12866, 13132, 13045, 
and 13084, Unfunded Mandates Reform Act, Regulatory Flexibility Act, 
Small Business Regulatory Enforcement Fairness Act, and the National 
Technology Transfer and Advancement Act. Since today's promulgated rule 
merely implements the emission guidelines promulgated on September 15, 
1997 (codified at 40 part 60, subpart Ce) as they apply to HMIWI 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 1997 rule 
promulgating the emission guidelines (62 FR 48347-48379, September 15, 
1997).

A. Docket

    The docket is intended to be an organized and complete file of the 
administrative records compiled by EPA. The docket is a dynamic file 
because material is added throughout the rulemaking process. The 
docketing system is intended to allow members of the public and 
industries involved to readily identify and locate documents so they 
can effectively participate in the rulemaking process. Along with 
proposed and promulgated standards and their preambles, the contents of 
the docket (with limited exceptions) will serve as the record in the 
case of judicial review. See section 307(d)(7)(A) of the CAA.
    As discussed above, a docket has been prepared for this action 
pursuant to the procedural requirements of section 307(d) of the CAA, 
42 U.S.C. 7607(d). Docket number A-91-61 contains the technical support 
for the September 15, 1997 emission guidelines. Public comments 
received on the proposal for this rulemaking and additional supporting 
information are included in Docket A-98-24.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. An information collection request (ICR) document 
has been prepared by EPA (ICR No. 1899.01) and a copy may be obtained 
from Ms. Sandy Farmer by mail at OP Regulatory Information Division, U. 
S. Environmental Protection Agency, Office of Environmental Information 
Collection Strategies Division (2822), 1200 Pennsylvania Avenue, NW, 
Washington, D.C. 20460; by E-mail at [email protected]; or by 
calling (202) 260-2740. A copy may also be downloaded off the Internet 
at http://www.epa.gov/icr.
    This ICR reflects the burden estimate for the emission guidelines 
which were promulgated in the Federal Register on

[[Page 49879]]

September 15, 1997. The burden estimate includes the burden associated 
with State/Tribal plans as well as the burden associated with the 
Federal plan. Consequently, the burden estimates described below 
overstate the information collection burden associated with the Federal 
plan. However, upon approval by EPA, a State/Tribal plan becomes 
Federally enforceable. Therefore, it is important to estimate the full 
burden associated with the State/Tribal plans and the Federal plan. As 
State/Tribal plans are approved, the Federal plan burden will decrease, 
but the overall burden of the State/Tribal plans and the Federal plan 
will remain the same.
    The information collected will be used by EPA to ensure that the 
HMIWI regulatory requirements are implemented and are complied with on 
a continuous basis. Records and reports are necessary to enable EPA to 
identify existing HMIWI that may not be in compliance with the HMIWI 
regulatory requirements. Based on reported information, EPA will decide 
which units should be inspected and what records or processes should be 
inspected. The records that owners and operators of existing HMIWI 
maintain will indicate to EPA whether personnel are operating and 
maintaining control equipment properly.
    Based on the inventory of HMIWI used to develop the emission 
guidelines, the HMIWI regulatory requirements (i.e., the State/Tribal 
plans and Federal plan) are projected to affect approximately 2,373 
existing HMIWI in the United States or protectorates. A number of State 
plans are expected to be approved within the next year. When a State 
plan is approved, the Federal plan will no longer apply to HMIWI 
covered in that State plan.
    The estimated average annual burden for industry for the first 3 
years after the promulgation of the emission guidelines is 133,404 
hours annually at a cost of $5,858,292 per year to meet the monitoring, 
recordkeeping, and reporting requirements. The estimated average annual 
burden, over the first 3 years, for the regulatory agencies (State and 
Federal) is 10,984 hours at a cost of $438,736 (including travel 
expenses) per year.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a regulatory agency. This includes the time needed to do the 
following: Review instructions; develop, acquire, install, and use 
technology and systems for the purposes of collecting and validating 
information; process, maintain, and disclose information; amend 
previously applicable instructions and requirements to reflect new 
HMIWI State or Federal plan requirements; train personnel to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR part 15.
    Send comments on the Agency's need for this information, the 
accuracy of the burden estimates provided, and any suggested methods 
for minimizing respondent burden, including the use of automated 
collection techniques to the Director, OP Regulatory Information 
Division, U. S. Environmental Protection Agency (2137), 1200 
Pennsylvania Ave., NW, Washington, D.C. 20460; and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, N.W., Washington, D.C. 20503, marked ``Attention: Desk 
Officer for EPA.'' Include the ICR number in any correspondence. 
Because OMB is required to make a decision on the ICR between 30 and 60 
days after today's request for comment, a comment to OMB is best 
assured of having its full effect if OMB receives it by September 14, 
2000.

C. Executive Order 12866

    Under Executive Order 12866, 58 FR 51735 (October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The EPA considered the 1997 emission guidelines to be 
significant and the rules were reviewed by OMB in 1997. See 62 FR 
48374. The Federal plan promulgated today would simply implement the 
1997 emission guidelines and does not result in any additional control 
requirements or impose any additional costs above those previously 
considered during promulgation of the 1997 emission guidelines. 
Therefore, this regulatory action is considered ``not significant'' 
under Executive Order 12866.

D. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), 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 section 6 of 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. The 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 proposed rule does not have federalism implications. It 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. Thus, the requirements of 
section 6 of the Executive Order do not apply to this proposed rule. 
Although section 6 of Executive Order 13132 does not apply to this 
final rule, EPA did consult with State and local officials to enable 
them to provide timely input in the development of this final rule.

E. Executive Order 13045

    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 affect 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 
feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the

[[Page 49880]]

analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This rule is not subject to Executive Order 
13045 because (1) it is not an economically significant regulatory 
action as defined by Executive Order 12866, and (2) it is based on 
technology performance and not on health or safety risks.

F. Executive Order 13084

    Under Executive Order 13084, 63 FR 27655 (May 19, 1998), EPA may 
not issue a regulation that is not required by statute, that 
significantly 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 OMB, 
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 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.''
    The Federal plan promulgated today does not significantly or 
uniquely affect communities of Indian Tribal governments. The Federal 
plan does not impose any enforceable duties on those governments. 
Moreover, this Federal plan simply implements the 1997 emission 
guidelines and does not result in any additional control requirements 
or impose any additional costs above those previously considered during 
promulgation of the 1997 emission guidelines. Thus, the requirements of 
section 3(b) of Executive Order 13084 do not apply to this rule.

G. Unfunded Mandates Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    An unfunded mandates statement was prepared and published in the 
preamble to the September 15, 1997 NSPS and emission guidelines. See 62 
FR at 48374-48378. The EPA has determined that the HMIWI Federal plan 
does not include any new Federal mandates or additional requirements 
above those previously considered during promulgation of the 1997 
emission guidelines. Therefore, the requirements of the UMRA do not 
apply to this rule.

H. Regulatory Flexibility Act and Small Business Regulatory Enforcement 
Fairness Act

    The Regulatory Flexibility Act (RFA) of 1980, as amended by the 
Small Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 
601 et seq., requires Federal agencies to give special consideration to 
the impacts of regulations on small entities, which are defined as 
small businesses, small organizations, and small governments. During 
the 1997 HMIWI emission guidelines rulemaking, EPA estimated that small 
entities would not be affected by the promulgated emission guidelines 
and standards, and therefore, a regulatory flexibility analysis was not 
required. See 62 FR at 48378-48379. This Federal plan would not 
establish any new requirements. Therefore, pursuant to the provisions 
of 5 U.S.C. 605 (b), EPA has determined that this Federal plan will not 
have a significant impact on a substantial number of small entities, 
and thus a regulatory flexibility analysis is not required.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d), 15 U.S.C. 272 
note, directs EPA to use voluntary consensus standards 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 voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    The NTTAA does not apply because the Federal plan promulgated today 
implements an existing rule to which NTTAA did not apply. In addition, 
the emission guidelines, which the Federal plan is based on, does not 
require new technology or impose new technical standards.

J. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
SBREFA 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 the Congress and to the 
Comptroller General of the United States. The EPA submitted 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. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 62.

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.


[[Page 49881]]


    Dated: August 4, 2000.
Carol M. Browner,
Administrator.

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

    Authority: 42 U.S.A. 7401-7642.
    2. Amend Sec. 62.13 by adding paragraph (c) to read as follows:


Sec. 62.13  Federal Plans

* * * * *
    (c) The substantive requirements of the hospital/ medical/
infectious waste incinerator Federal plan are contained in subpart HHH 
of this part. These requirements include emission limits, compliance 
schedules, testing, monitoring and reporting and recordkeeping 
requirements.
* * * * *
    3. Add subpart HHH consisting of Secs. 62.14400 through 62.14495 as 
follows:
Subpart HHH--Federal Plan Requirements for Hospital/ Medical/Infectious 
Waste Incinerators Constructed on or before June 20, 1996.

Applicability

Sec.
62.14400   Am I subject to this subpart?
62.14401   How do I determine if my HMIWI is covered by an approved 
and effective State or Tribal plan?
62.14402   If my HMIWI is not listed on the Federal plan inventory, 
am I exempt from this subpart?
62.14403   What happens if I modify an existing HMIWI?

Emission Limits

62.14410   Are there different emission limits for different 
locations and sizes of HMIWI?
62.14411   What emission limits apply to my HMIWI?
62.14412   What stack opacity requirements apply?
62.14413   When do the emission limits and stack opacity 
requirements apply?

Operator Training and Qualification

62.14420   Am I required to have a trained and qualified operator?
62.14421   How does an operator become trained and qualified?
62.14422   What are the requirements for a training course that is 
not part of a State-approved program?
62.14423   What are the qualification requirements for operators who 
do not participate in a State-approved program?
62.14424   What documentation must I maintain onsite?
62.14425   When must I review the documentation?

Waste Management Plan

62.14430   Must I prepare a waste management plan?
62.14431   What must my waste management plan include?
62.14432   When must my waste management plan be completed?

Inspection Requirements

62.14440   Which HMIWI are subject to inspection requirements?
62.14441   When must I inspect my small rural HMIWI?
62.14442   What must my inspection include?
62.14443   When must I do repairs?

Performance Testing, and Monitoring Requirements

62.14450   What are the testing requirements for small rural HMIWI?
62.14451   What are the testing requirements for HMIWI that are not 
small rural?
62.14452   What test methods and procedures must I use?
62.14453   What must I monitor?
62.14454   How must I monitor the required parameters?
62.14455   What if my HMIWI goes outside of a parameter limit?

Reporting and Recordkeeping Requirements

62.14460   What records must I maintain?
62.14461   For how long must I maintain records?
62.14462   Where must I keep the records?
62.14463   What reporting requirements must I satisfy?
62.14464   When must I submit reports?
62.14465   Who must sign all submitted reports?

Compliance Schedule

62.14470   When must I comply with this subpart if I plan to 
continue operation of my HMIWI?
62.14471   When must I comply with this subpart if I plan to shut 
down?
62.14472   When must I comply with this subpart if I plan to shut 
down and later restart?

Permitting Obligation

62.14480   Does this subpart require me to obtain an operating 
permit under title V of the Clean Air Act and implementing 
regulations?
62.14481   When must I submit a title V permit application for my 
HMIWI?

Definitions

62.14490   Definitions.

Delegation of Authority

62.14495   What authorities will be retained by the EPA 
Administrator?

Tables

Table 1 of Subpart HHH of Part 62--Emission Limits for Small Rural, 
Small, Medium, and Large Hmiwi
Table 2 of Subpart HHH of Part 62--Toxic Equivalency Factors
Table 3 of Subpart HHH of Part 62--Operating Parameters to Be 
Monitored and Minimum Measurement and Recording Frequencies

Subpart HHH--Federal Plan Requirements for Hospital/Medical/
Infectious Waste Incinerators Constructed on or Before June 20, 
1996

Applicability


Sec. 62.14400  Am I subject to this subpart?

    (a) You are subject to this subpart if paragraphs (a)(1), (2), and 
(3) of this section are all true:
    (1) You own or operate an HMIWI that is not covered by an EPA 
approved and effective State or Tribal plan;
    (2) Construction of the HMIWI commenced on or before June 20, 1996; 
and
    (3) You do not meet any of the exemptions in paragraph (b) of this 
section.
    (b) The following exemptions apply:

----------------------------------------------------------------------------------------------------------------
           If you . . .                  And you . . .              And you . . .            Then you . . .
----------------------------------------------------------------------------------------------------------------
(1) Own or operate an HMIWI that   Notify the EPA             Keep records on a         Are not subject to the
 combusts only pathological         Administrator (or          calendar quarter basis    other sections of this
 waste, low-level radioactive       delegated enforcement      of the periods of time    subpart during periods
 waste, and/or chemothera-peutic    authority) of an           when only pathological    when only pathological,
 waste (all defined in 40 CFR       exemption claim.           waste, low-level radio    low-level radioactive,
 62.14490).                                                    active waste, and/or      and/or chemotherapeutic
                                                               chemo therapeutic waste   wastes are combusted.
                                                               is combusted, and you
                                                               submit such records to
                                                               the EPA Administrator
                                                               (or delegated
                                                               enforcement authority)
                                                               upon request,.

[[Page 49882]]

 
(2) Own or operate a co-fired      Notify the EPA             Keep records on a         Are not subject to the
 combustor (defined in 40 CFR       Administrator (or          calendar quarter basis    other sections of this
 62.14490).                         delegated enforcement      of the weight of          subpart.
                                    authority) of an           hospital waste and
                                    exemption claim and you    medical/infectious
                                    provide an estimate of     waste combusted as well
                                    the relative weight of     as the weight of all
                                    hospital waste, medical/   other fuels and wastes
                                    infectious waste, and      combusted at the co-
                                    other fuels and/or         fired combustor, and
                                    wastes to be combusted.    these records reflect
                                                               that the source
                                                               continues to meet the
                                                               definition of co-fired
                                                               combustor in 40 CFR
                                                               62.14490, and you
                                                               submit such records to
                                                               the EPA Administrator
                                                               (or delegated
                                                               enforcement authority)
                                                               upon request.
(3) Own or operate a combustor     .........................  ........................  Are not subject to this
 that must have a permit under                                                           subpart.
 Section 3005 of the Solid Waste
 Disposal Act.
(4) Own or operate a combustor     .........................  ........................  Are not subject to this
 which meets the applicability                                                           subpart.
 requirements of 40 CFR part 60
 subpart Cb, Ea, or Eb (standards
 or guidelines for certain
 municipal waste combustors).
(5) Own or operate a pyrolysis     .........................  ........................  Are not subject to this
 unit (defined in 40 CFR                                                                 subpart.
 62.14490) processing hospital
 waste and/or medical/infectious
 waste.
(6) Own or operate a cement kiln   .........................  ........................  Are not subject to this
 firing hospital waste and/or                                                            subpart.
 medical/infectious waste.
----------------------------------------------------------------------------------------------------------------

    (c) Owners or operators of sources that qualify for the exemptions 
in paragraphs (b)(1) or (b)(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 (b)(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 (b)(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 (b)(2) of this section must be maintained by the EPA or 
delegated enforcement authority for a period of at least 5 years. 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).


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 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.


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 A-98-24 for 
the Federal plan.


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 March 16, 1998, you are subject to 40 CFR part 
60, subpart Ec (40 CFR 60.50c through 60.58c) 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). You remain 
subject to this subpart.

Emission Limits


Sec. 62.14410  Are there different emission limits for different 
locations and sizes of HMIWI?

    Yes, there are different emission limits for small rural, small, 
medium, and large HMIWI. To determine the size category of your HMIWI, 
consult the definitions in 40 CFR 62.14490.


Sec. 62.14411  What emission limits apply to my HMIWI?

    You must operate your HMIWI in compliance with the emission limit 
requirements for your HMIWI size category listed in Table 1 of this 
subpart.


Sec. 62.14412  What stack opacity requirements apply?

    Your HMIWI (regardless of size category) must not discharge into 
the atmosphere from the stack any gases that exhibit greater than 10 
percent opacity (6-minute block average).

[[Page 49883]]

Sec. 62.14413  When do the emission limits and stack opacity 
requirements apply?

    The emission limits and stack opacity requirements of this subpart 
apply at all times except during periods of startup, shutdown, or 
malfunction, provided that no hospital waste or medical/infectious 
waste is charged to your HMIWI during periods of startup, shutdown, or 
malfunction.

Operator Training and Qualification


Sec. 62.14420  Am I required to have a trained and qualified operator?

    You must have a fully trained and qualified HMIWI operator, either 
at your facility or able to be at your facility within 1 hour. The 
trained and qualified HMIWI operator may operate the HMIWI directly or 
be the direct supervisor of one or more HMIWI operators.


Sec. 62.14421  How does an operator become trained and qualified?

    (a) The HMIWI operator can obtain training and qualification 
through a State-approved program or as provided in paragraph (b) of 
this section.
    (b) If there are no State-approved training and qualification 
programs available or if your operator does not want to participate in 
a State-approved program, then your operator must complete a training 
course that includes the requirements in Sec. 62.14422 and satisfy the 
qualification requirements in Sec. 62.14423.


Sec. 62.14422  What are the requirements for a training course that is 
not part of a State-approved program?

    A training course must include:
    (a) Twenty-four hours of training that includes all of the 
following subjects:
    (1) Environmental concerns, including pathogen destruction and 
types of emissions;
    (2) Basic combustion principles, including products of combustion;
    (3) Operation of the type of incinerator to be used by the 
operator, including proper startup, waste charging, and shutdown 
procedures;
    (4) Combustion controls and monitoring;
    (5) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (6) Methods to monitor pollutants (continuous emission monitoring 
systems and monitoring of HMIWI and air pollution control device 
operating parameters) and equipment calibration procedures (where 
applicable);
    (7) Inspection and maintenance of the HMIWI, air pollution control 
devices, and continuous emission monitoring systems;
    (8) Actions to correct malfunctions and conditions that may lead to 
malfunction;
    (9) Bottom and fly ash characteristics and handling procedures;
    (10) Applicable Federal, State, and local regulations;
    (11) Work safety procedures;
    (12) Prestartup inspections; and
    (13) Recordkeeping requirements.
    (b) An examination designed and administered by the instructor; and
    (c) Reference material distributed to the attendees covering the 
course topics.


Sec. 62.14423  What are the qualification requirements for operators 
who do not participate in a State-approved program?

    (a) Operators who do not participate in a State-approved program 
must satisfy paragraphs (a)(1) and (2) of this section:
    (1) The operator must complete a training course that satisfies the 
requirements in Sec. 62.14422; and
    (2) The operator must have either 6 months experience as an HMIWI 
operator, 6 months experience as a direct supervisor of an HMIWI 
operator, or completion of at least two burn cycles under the 
observation and supervision of two qualified HMIWI operators.
    (b) The operator's qualification is valid after paragraphs (a)(1) 
and (2) of this section are completed.
    (c) To remain qualified, the operator must complete and pass an 
annual review or refresher course of at least 4 hours covering, at a 
minimum, the following:
    (1) Update of regulations;
    (2) Incinerator operation, including startup and shutdown 
procedures;
    (3) Inspection and maintenance;
    (4) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (5) Discussion of operating problems encountered by attendees.
    (d) If the operator's qualification lapses, he or she must renew it 
by one of the following methods:
    (1) For a lapse of less than 3 years, complete and pass a standard 
annual refresher course described in paragraph (c) of this section;
    (2) For a lapse of 3 years or more, complete and pass a training 
course with the minimum criteria described in Sec. 62.14422.


Sec. 62.14424  What documentation must I maintain onsite?

    (a) You must maintain the following at the facility:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an HMIWI;
    (3) Procedures for receiving, handling, and charging waste;
    (4) Procedures for startup, shutdown, and malfunction;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the HMIWI and associated air pollution 
control systems within the standards established under this subpart;
    (7) Procedures for responding to malfunction or conditions that may 
lead to malfunction;
    (8) Procedures for monitoring HMIWI emissions;
    (9) Reporting and recordkeeping procedures; and
    (10) Procedures for handling ash.
    (b) You must keep the information listed in paragraph (a) of this 
section in a readily accessible location for all HMIWI operators. This 
information, along with records of training, must be available for 
inspection by the EPA or its delegated enforcement agent upon request.


Sec. 62.14425  When must I review the documentation?

    (a) You must establish a program for reviewing the information 
listed in Sec. 62.14424 annually with each HMIWI operator (defined in 
Sec. 62.14490).
    (b) You must conduct your initial review of the information listed 
in Sec. 62.14424 by February 15, 2001, or prior to assumption of 
responsibilities affecting HMIWI operation, whichever is later.
    (c) You must conduct subsequent reviews of the information listed 
in Sec. 62.14424 annually.

Waste Management Plan


Sec. 62.14430  Must I prepare a waste management plan?

    Yes. All HMIWI owners or operators must have a waste management 
plan.


Sec. 62.14431  What must my waste management plan include?

    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, paper, cardboard, plastics, glass, 
battery, or metal recycling, or 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

[[Page 49884]]

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 emission 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 publication entitled ``Ounce of Prevention: Waste 
Reduction Strategies for Health Care Facilities.'' This publication 
(AHA Catalog No. 057007) is available for purchase from the American 
Hospital Association (AHA) Service, Inc., Post Office Box 92683, 
Chicago, Illinois 60675-2683.


Sec. 62.14432  When must my waste management plan be completed?

    As specified in Secs. 62.14463 and 62.14464, you must submit your 
waste management plan with your initial report, which is due 60 days 
after your initial performance test.

Inspection Requirements


Sec. 62.14440  Which HMIWI are subject to inspection requirements?

    Only small rural HMIWI (defined in Sec. 62.14490) are subject to 
inspection requirements.


Sec. 62.14441  When must I inspect my small rural HMIWI?

    (a) You must inspect your small rural HMIWI by August 15, 2001.
    (b) You must conduct inspections as outlined in Sec. 62.14442 
annually (no more than 12 months following the previous annual 
equipment inspection).


Sec. 62.14442  What must my inspection include?

    At a minimum, you must do the following during your inspection:
    (a) Inspect all burners, pilot assemblies, and pilot sensing 
devices for proper operation, and clean pilot flame sensor as 
necessary;
    (b) Check for proper adjustment of primary and secondary chamber 
combustion air, and adjust as necessary;
    (c) Inspect hinges and door latches, and lubricate as necessary;
    (d) Inspect dampers, fans, and blowers for proper operation;
    (e) Inspect HMIWI door and door gaskets for proper sealing;
    (f) Inspect motors for proper operation;
    (g) Inspect primary chamber refractory lining, and clean and 
repair/replace lining as necessary;
    (h) Inspect incinerator shell for corrosion and/or hot spots;
    (i) Inspect secondary/tertiary chamber and stack, and clean as 
necessary;
    (j) Inspect mechanical loader, including limit switches, for proper 
operation, if applicable;
    (k) Visually inspect waste bed (grates), and repair/ seal, as 
necessary;
    (l) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments;
    (m) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (n) Inspect waste heat boiler systems to ensure proper operation, 
if applicable;
    (o) Inspect bypass stack components;
    (p) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (q) Generally observe that the equipment is maintained in good 
operating condition.


Sec. 62.14443  When must I do repairs?

    You must complete any necessary repairs within 10 operating days of 
the 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 must be 
completed.

Performance Testing and Monitoring Requirements


Sec. 62.14450  What are the testing requirements for small rural HMIWI?

    (a) If you operate a small rural HMIWI (defined in Sec. 62.14490), 
you must conduct an initial performance test for PM, opacity, CO, 
dioxin/furan, and Hg using the test methods and procedures outlined in 
Sec. 62.14452.
    (b) After the initial performance test is completed or is required 
to be completed under Sec. 62.14470, whichever date comes first, if you 
operate a small rural HMIWI you must determine compliance with the 
opacity limit by conducting an annual performance test (no more than 12 
months following the previous performance test) using the applicable 
procedures and test methods listed in Sec. 62.14452.
    (c) The 2,000 lb/wk limitation for small rural HMIWI does not apply 
during performance tests.
    (d) The EPA Administrator may request a repeat performance test at 
any time.


Sec. 62.14451  What are the testing requirements for HMIWI that are not 
small rural?

    (a) If you operate an HMIWI that is not a small rural HMIWI, you 
must conduct an initial performance test for PM, opacity, CO, dioxin/
furan, HCl, Pb, Cd, and Hg using the test methods and procedures 
outlined in Sec. 62.14452.
    (b) After the initial performance test is completed or is required 
to be completed under Sec. 62.14470, whichever date comes first, you 
must:
    (1) Determine compliance with the opacity limit by conducting an 
annual performance test (no more than 12 months following the previous 
performance test) using the applicable procedures and test methods 
listed in Sec. 62.14452.
    (2) Determine compliance with the PM, CO, and HCl emission limits 
by conducting an annual performance test (no more than 12 months 
following the previous performance test) using the applicable 
procedures and test methods listed in Sec. 62.14452. If all three 
performance tests over a 3-year period indicate compliance with the 
emission limit for a pollutant (PM, CO, or HCl), you may forego a 
performance test for that pollutant for the next 2 years. At a minimum, 
you must conduct a performance test for PM, CO, and HCl every third 
year (no more than 36 months following the previous performance test). 
If a performance test conducted every third year indicates compliance 
with the emission limit for a pollutant (PM, CO, or HCl), you may 
forego a performance test for that pollutant for an additional 2 years. 
If any performance test indicates noncompliance with the respective 
emission limit, you must conduct a performance test for that pollutant 
annually until all annual performance tests over a 3-year period 
indicate compliance with the emission limit.
    (c) The EPA Administrator may request a repeat performance test at 
any time.


Sec. 62.14452  What test methods and procedures must I use?

    You must use the following test methods and procedures to conduct 
performance tests to determine compliance with the emission limits:
    (a) All performance tests must consist of a minimum of three test 
runs conducted under representative operating conditions;
    (b) The minimum sample time must be 1 hour per test run unless 
otherwise indicated in this section;
    (c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix 
A 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 for gas composition analysis, including measurement of

[[Page 49885]]

oxygen concentration. You must use EPA Reference Method 3, 3A, or 3B of 
40 CFR part 60, appendix A simultaneously with each reference method;
    (e) You must adjust pollutant concentrations to 7 percent oxygen 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AU00.000


Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis at 
standard conditions
(20.9-7) = 20.9 percent oxygen--7 percent oxygen (defined oxygen 
correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis at 
standard conditions, percent.

    (f) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 5 or 29 of 40 CFR part 60, appendix A to 
measure particulate matter emissions;
    (g) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 9 of 40 CFR part 60, appendix A to measure 
stack opacity;
    (h) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 10 or 10B of 40 CFR part 60, appendix A to 
measure the CO emissions;
    (i) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 23 of 40 CFR part 60, appendix A to measure 
total dioxin/furan emissions. The minimum sample time must be 4 hours 
per test run. If you have selected the toxic equivalency 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;
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (i)(1) of this section, multiply the congener concentration 
by its corresponding toxic equivalency factor specified in Table 2 of 
this subpart;
    (3) Sum the products calculated in accordance with paragraph (i)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (j) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 26 of 40 CFR part 60, appendix A to measure 
HCl emissions. If you have selected the percentage reduction standards 
for HCl under Sec. 62.14411, compute the percentage reduction in HCl 
emissions (%RHCl) using the following formula:
[GRAPHIC] [TIFF OMITTED] TR15AU00.001


Where:

%RHCl = percentage reduction of HCl emissions achieved;
Ei = HCl emission concentration measured at the control 
device inlet, corrected to 7 percent oxygen (dry basis at standard 
conditions); and
Eo = HCl emission concentration measured at the control 
device outlet, corrected to 7 percent oxygen (dry basis at standard 
conditions).
    (k) Except as provided in paragraph (l) of this section, you must 
use EPA Reference Method 29 of 40 CFR part 60, appendix A to measure 
Pb, Cd, and Hg emissions. If you have selected the percentage reduction 
standards for metals under Sec. 62.14411, compute the percentage 
reduction in emissions (%Rmetal) using the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR15AU00.002


Where:

%Rmetal = percentage reduction of metal emission (Pb, Cd, or 
Hg) achieved;
Ei = metal emission concentration (Pb, Cd, or Hg) measured 
at the control device inlet, corrected to 7 percent oxygen (dry basis 
at standard conditions); and
Eo = metal emission concentration (Pb, Cd, or Hg) measured 
at the control device outlet, corrected to 7 percent oxygen (dry basis 
at standard conditions).

    (l) If you are using a continuous emission monitoring system (CEMS) 
to demonstrate compliance with any of the emission limits under 
Secs. 62.14411 or 62.14412, you must:
    (1) Determine compliance with the appropriate emission limit(s) 
using a 12-hour rolling average, calculated each hour as the average of 
the previous 12 operating hours (not including startup, shutdown, or 
malfunction). Performance tests using EPA Reference Methods are not 
required for pollutants monitored with CEMS.
    (2) Operate a CEMS to measure oxygen concentration, adjusting 
pollutant concentrations to 7 percent oxygen as specified in paragraph 
(e) of this section.
    (3) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of 40 CFR part 60.
    (m) Use of the bypass stack during a performance test will 
invalidate the performance test.


Sec. 62.14453  What must I monitor?

    (a) If your HMIWI is a small rural HMIWI, or your HMIWI is equipped 
with a dry scrubber followed by a fabric filter, a wet scrubber, or a 
dry scrubber followed by a fabric filter and wet scrubber:
    (1) You must establish the appropriate maximum and minimum 
operating parameters, indicated in Table 3, as site-specific operating 
parameters during the initial performance test to determine compliance 
with the emission limits; and

[[Page 49886]]

    (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 startup, shutdown, 
malfunction, and performance tests.
    (b) If your HMIWI is not a small rural HMIWI, and you are using an 
air pollution control device other than a dry scrubber followed by a 
fabric filter, a wet scrubber, or a dry scrubber followed by a fabric 
filter and a wet scrubber to comply with the emission 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.


Sec. 62.14454  How must I monitor the required parameters?

    (a) 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 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 except during periods of startup 
and shutdown. 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 except small rural 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 except small rural HMIWI, if you are using 
controls other than a dry scrubber followed by a fabric filter, a wet 
scrubber, or a dry scrubber followed by a fabric filter and a wet 
scrubber to comply with the emission 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).
    (d) You must obtain monitoring data at all times during HMIWI 
operation except during periods of monitoring equipment malfunction, 
calibration, or repair. At a minimum, valid monitoring data must be 
obtained for 75 percent of the operating hours per day for 90 percent 
of the operating days per calendar quarter that your HMIWI is 
combusting hospital waste and/or medical/infectious waste.


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 startup, shutdown, malfunction, and performance tests.
    (b) Except as provided in paragraph (f) or (g) of this section, if 
your HMIWI is a small rural HMIWI,

------------------------------------------------------------------------
                                                       Then you are in
               And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3-hour      The PM, CO, and
 rolling average for continuous and intermittent     dioxin/furan
 HMIWI, daily average for batch HMIWI) and below     emission limits.
 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 fabric filter:

------------------------------------------------------------------------
                                                       Then you are in
               And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-hour  The CO emission
 rolling average for continuous and intermittent     limit.
 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  The dioxin/furan
 temperature (3-hour rolling average), above the     emission limit.
 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  The HCl emission
 rolling average for continuous and intermittent     limit.
 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  The Hg emission
 rolling average for continuous and intermittent     limit.
 HMIWI, daily average for batch HMIWI) and below
 the minimum Hg sorbent flow rate (3-hour rolling
 average) simultaneously.
(5) Uses the bypass stack (except during startup,   The PM, dioxin/
 shutdown, or malfunction).                          furan, HCl, Pb, Cd,
                                                     and Hg emission
                                                     limits.
------------------------------------------------------------------------

    (d) Except as provided in paragraph (f) or (g) of this section, if 
your HMIWI is equipped with a wet scrubber:

------------------------------------------------------------------------
                                                       Then you are in
               And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-hour  The CO emission
 rolling average for continuous and intermittent     limit.
 HMIWI, daily average for batch HMIWI) and below
 the minimum secondary chamber temperature (3-hour
 rolling average) simultaneously.

[[Page 49887]]

 
(2) Operates above the maximum charge rate (3-hour  The PM emission
 rolling average for continuous and intermittent     limit.
 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.
(3) Operates above the maximum charge rate (3-hour  The dioxin/furan
 rolling average for continuous and intermittent     emission limit.
 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  The HCl emission
 rolling average for continuous and intermittent     limit.
 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 emission
 temperature (3-hour rolling average) and above      limit.
 the maximum charge rate (3-hour rolling average
 for continuous and intermittent HMIWI, daily
 average for batch HMIWI) simultaneously.
(6) Uses the bypass stack (except during startup,   The PM, dioxin/
 shutdown, or malfunction).                          furan, HCl, Pb, Cd,
                                                     and Hg emission
                                                     limits.
------------------------------------------------------------------------

    (e) Except as provided in paragraph (f) or (g) of this section, if 
your HMIWI is equipped with a dry scrubber followed by a fabric filter 
and a wet scrubber:

------------------------------------------------------------------------
                                                       Then you are in
               And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-hour  The CO emission
 rolling average for continuous and intermittent     limit.
 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  The dioxin/furan
 temperature (3-hour rolling average), above the     emission limit.
 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  The HCl emission
 rolling average for continuous and intermittent     limit.
 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  The Hg emission
 rolling average for continuous and intermittent     limit.
 HMIWI, daily average for batch HMIWI) and below
 the minimum Hg sorbent flow rate (3-hour rolling
 average) simultaneously.
(5) Uses the bypass stack (except during startup,   The PM, dioxin/
 shutdown, or malfunction).                          furan, HCl, Pb, Cd,
                                                     and Hg emission
                                                     limits.
------------------------------------------------------------------------

    (f) 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 emission 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) or (e) of this section.
    (g) If you are using a CEMS to demonstrate compliance with any of 
the emission limits in Table 1 of this subpart or Sec. 62.14412, and 
your CEMS indicates compliance with an emission limit during periods 
when operating parameters indicate a violation of an emission limit 
under paragraphs (b), (c), (d), or (e) of this section, then you are 
considered to be in compliance with the emission limit. You need not 
conduct a repeat performance test to demonstrate compliance.
    (h) You may conduct a repeat performance test in accordance with 
Sec. 62.14452 at any time to establish new values for the operating 
parameters.

Reporting and Recordkeeping Requirements


Sec. 62.14460  What records must I maintain?

    You must maintain the following:
    (a) Calendar date of each record;
    (b) Records of the following data:
    (1) Concentrations of any pollutant listed in Table 1 and/or 
measurements of opacity;
    (2) The HMIWI charge dates, times, and weights and hourly charge 
rates;
    (3) Fabric filter inlet temperatures during each minute of 
operation, as applicable;
    (4) Amount and type of dioxin/furan sorbent used during each hour 
of operation, as applicable;
    (5) Amount and type of Hg sorbent used during each hour of 
operation, as applicable;
    (6) Amount and type of HCl sorbent used during each hour of 
operation, as applicable;
    (7) Secondary chamber temperatures recorded during each minute of 
operation;
    (8) Liquor flow rate to the wet scrubber inlet during each minute 
of operation, as applicable,
    (9) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable;
    (10) Pressure drop across the wet scrubber system during each 
minute of operation, as applicable;
    (11) Temperature at the outlet from the wet scrubber during each 
minute of operation, as applicable;
    (12) The pH at the inlet to the wet scrubber during each minute of 
operation, as applicable;
    (13) Records of the annual equipment inspections, any required 
maintenance, and any repairs not completed within 10 operating days of 
an inspection or the time frame established by the EPA Administrator or 
delegated enforcement authority, as applicable;
    (14) Records indicating use of the bypass stack, including dates, 
times, and durations; and
    (15) If you are complying by monitoring site-specific operating 
parameters under Sec. 62.14453(b), you must monitor all operating data 
collected.
    (c) Identification of calendar days for which data on emission 
rates or operating parameters specified under paragraph (b)(1) through 
(15) of this

[[Page 49888]]

section were not obtained, with an identification of the emission rates 
or operating parameters not measured, reasons for not obtaining the 
data, and a description of corrective actions taken;
    (d) Identification of calendar days, times and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar days for which data on emission 
rates or operating parameters specified under paragraphs (b)(1) through 
(15) 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 emission 
limits and/or to establish operating parameters, as applicable.
    (g) Records showing the names of HMIWI operators who have completed 
review of the documentation in Sec. 62.14424 as required by 
Sec. 62.14425, including the date of the initial review and all 
subsequent annual reviews;
    (h) Records showing the names of the HMIWI operators who have 
completed the operator training requirements, including documentation 
of training and the dates of the training;
    (i) Records showing the names of the HMIWI operators who have met 
the criteria for qualification under Sec. 62.14423 and the dates of 
their qualification; and
    (j) Records of calibration of any monitoring devices as required 
under Sec. 62.14454.


Sec. 62.14461  For how long must I maintain records?

    You must maintain the records specified under Sec. 62.14460 for a 
period of at least 5 years.


Sec. 62.14462  Where must I keep the records?

    You must maintain all records specified under Sec. 62.14460 onsite 
in either paper copy or computer-readable format, unless an alternative 
format is approved by the EPA Administrator.


Sec. 62.14463  What reporting requirements must I satisfy?

    You must report the following to the EPA Administrator (or 
delegated enforcement authority):
    (a) The initial performance test data as recorded under 
Sec. 62.14450(a) or Sec. 62.14451(a) (whichever applies);
    (b) The values for the site-specific operating parameters 
established pursuant to Sec. 62.14453, as applicable;
    (c) The waste management plan as specified in Sec. 62.14431;
    (d) The highest maximum operating parameter and the lowest minimum 
operating parameter for each operating parameter recorded for the 
calendar year being reported, pursuant to Sec. 62.14453, as applicable;
    (e) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded pursuant to Sec. 62.14453 for the calendar year preceding the 
year being reported, in order to provide a summary of the performance 
of the HMIWI over a 2-year period;
    (f) Any information recorded under Sec. 62.14460(c) through (e) for 
the calendar year being reported;
    (g) Any information recorded under Sec. 62.14460(c) through (e) for 
the calendar year preceding the year being reported, in order to 
provide a summary of the performance of the HMIWI over a 2-year period;
    (h) The results of any performance test conducted during the 
reporting period;
    (i) If no exceedances or malfunctions occurred during the calendar 
year being reported, a statement that no exceedances occurred during 
the reporting period;
    (j) Any use of the bypass stack, duration of such use, reason for 
malfunction, and corrective action taken; and
    (k) 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).


Sec. 62.14464  When must I submit reports?

    (a) You must submit the information specified in Sec. 62.14463(a) 
through (c) 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 Clean Air Act, you must submit these reports 
semiannually). The annual report must include the information specified 
in Sec. 62.14463(d) through (k), as applicable.
    (c) You must submit semiannual reports containing any information 
recorded under Sec. 62.14460(c) through (e) no later than 60 days 
following the end of the semiannual reporting period. The first 
semiannual reporting period ends 6 months following the submission of 
information in paragraph (a) of this section. Subsequent reports must 
be submitted no later than 6 calendar months following the previous 
report.


Sec. 62.14465  Who must sign all submitted reports?

    All reports must be signed by the facilities manager (defined in 
Sec. 62.14490).

Compliance Schedule


Sec. 62.14470  When must I comply with this subpart if I plan to 
continue operation of my HMIWI?

    If you plan to continue operation of your HMIWI, then you must 
follow the requirements in paragraph (a) or (b) of this section 
depending on when you plan to come into compliance with the 
requirements of this subpart.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by August 15, 2001, 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 August 15, 2001.
    (2) You must achieve final compliance by August 15, 2001. 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 on line, 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. 62.14450(a) (for small rural HMIWI) or Sec. 62.14451(a) (for HMIWI 
that are not small rural HMIWI) within 180 days after the date when you 
are required to achieve final compliance under paragraph (a)(2) of this 
section.
    (4) You must submit an initial report including the results of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Secs. 62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after August 15, 2001, but before 
September 15, 2002, then you must complete the requirements of 
paragraphs (b)(1) through (b)(4) of this section.
    (1) You must comply with the operator training and qualification

[[Page 49889]]

requirements and inspection requirements (if applicable) of this 
subpart by August 15, 2001.
    (2) You must demonstrate that you are taking steps towards 
compliance with the emission limits in the subpart by completing the 
increments of progress in paragraphs (b)(2)(i) through (b)(2)(v) of 
this section. You must submit notification to the EPA Administrator (or 
delegated enforcement authority) within 10 business days of completing 
(or failing to complete by the applicable date) each of the increments 
of progress listed in paragraphs (b)(2)(i) through (b)(2)(v) of this 
section. Your notification must be signed by your facilities manager 
(defined in Sec. 62.14490).
    (i) You must submit a final control plan by September 15, 2000. 
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 emission limits and other 
requirements of this subpart.
    (ii) You must award contract(s) for onsite construction, onsite 
installation of emission control equipment, or incorporation of process 
changes by April 15, 2001. You must submit a signed copy of the 
contract(s) awarded.
    (iii) You must begin onsite construction, begin onsite installation 
of emission control equipment, or begin process changes needed to meet 
the emission limits as outlined in the final control plan by December 
15, 2001.
    (iv) You must complete onsite construction, installation of 
emission control equipment, or process changes by July 15, 2002.
    (v) You must achieve final compliance by September 15, 2002. 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 on line, 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. 62.14450(a) (for small rural HMIWI) or Sec. 62.14451(a) (for HMIWI 
that are not small rural HMIWI) within 180 days after the date when you 
are required to achieve final compliance under paragraph (b)(2)(v) of 
this section.
    (4) You must submit an initial report including the result of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Secs. 62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).


Sec. 62.14471  When must I comply with this subpart if I plan to shut 
down?

    If you plan to shut down, then you must follow the requirements in 
either paragraph (a) or (b) of this section depending on when you plan 
to shut down.
    (a) If you plan to shut down by August 15, 2001, rather that come 
into compliance with the requirements of this subpart, then you must 
shut down by August 15, 2001, to avoid coverage under any of the 
requirements of this subpart.
    (b) If you plan to shut down rather than come into compliance with 
the requirements of this subpart, but are unable to shut down by August 
15, 2001, then you may petition EPA for an extension by following the 
procedures outlined in paragraphs (b)(1) through (b)(3) of this 
section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by November 13, 
2000. 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 shut down while August 15, 
2001, does not provide sufficient time for shut down. 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) Documentation of incremental steps of progress, including 
dates for completing the increments of progress, that you will take 
towards shutting down. Some suggested incremental steps of progress 
towards shut down are provided as follows:

------------------------------------------------------------------------
                                               Then your increments of
               If you . . .                    progress could be . . .
------------------------------------------------------------------------
Need an extension so you can install an     Date when you will enter
 onsite alternative waste treatment          into a contract with an
 technology before you shut down your        alternative treatment
 HMIWI,.                                     technology vendor,
                                            Date for initiating onsite
                                             construction or
                                             installation of the
                                             alternative technology, and
                                            Date for completing onsite
                                             construction or
                                             installation of the
                                             alternative technology, and
                                            Date for shutting down the
                                             HMIWI.
Need an extension so you can acquire the
 services of a commercial medical/
 infectious waste disposal company before
 you shut down your HMIWI,.
                                            Date when price quotes will
                                             be obtained from commercial
                                             disposal companies,
                                            Date when you will enter
                                             into a contract with a
                                             commercial disposal
                                             company, and
                                            Date for shutting down the
                                             HMIWI.
------------------------------------------------------------------------

    (2) You must shut down no later than September 15, 2002.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by August 15, 2001.


Sec. 62.14472  When must I comply with this subpart if I plan to shut 
down and later restart?

    If you wish to shut down and later restart, then you must follow 
the compliance times in paragraph (a), (b), or (c) of this section 
depending on when you shut down and restart.
    (a) If you plan to shut down and restart prior to September 15, 
2002, then you must:
    (1) Meet the compliance schedule outlined in Sec. 63.14470(a) if 
you restart prior to August 15, 2001; or
    (2) Meet the compliance schedule outlined in Sec. 62.14470(b) if 
you restart after August 15, 2001. Any missed increments of progress 
need to be completed prior to or upon the date of restart.
    (b) If you plan to shut down by August 15, 2001, and restart after 
September 15, 2002, then you must complete the requirements of 
paragraphs (b)(1) through (b)(5) of this section.
    (1) You must shut down by August 15, 2001.
    (2) You must comply with the operator training and qualification 
requirements and inspection

[[Page 49890]]

requirements (if applicable) of this subpart before restarting your 
HMIWI.
    (3) You must achieve final compliance upon restarting your HMIWI. 
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 on line, and ensuring 
that all necessary process changes and air pollution control equipment 
are operating properly.
    (4) You must conduct the initial performance test required by 
Sec. 62.14450(a) (for small rural HMIWI) or Sec. 62.14451(a) (for HMIWI 
that are not small rural HMIWI) within 180 days after the date when you 
restart.
    (5) You must submit an initial report including the results of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Secs. 62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).
    (c) If you plan to shut down after August 15, 2001, and restart 
after September 15, 2002, then you must complete the requirements of 
paragraphs (c)(1) and (c)(2) of this section.
    (1) You must petition EPA for an extension by following the 
procedures outlined in Sec. 63.14471 paragraphs (b)(1) through (b)(3).
    (2) You must comply with the requirements of paragraphs (b)(2) 
through (b)(5) of this section.

Permitting Obligation


Sec. 62.14480  Does this subpart require me to obtain an operating 
permit under title V of the Clean Air Act and implementing regulations?

    This subpart requires you to obtain an operating permit under title 
V of the Clean Air Act and implementing regulations (``title V 
permit'') unless you are only subject to the recordkeeping and 
reporting requirements listed at Sec. 62.14400(b)(1) or (b)(2), and 
Sec. 62.14400(c), of this subpart. Also, if you own or operate a unit 
described in Sec. 62.14400(b)(3), (b)(4), (b)(5) or (b)(6), you are not 
subject to any requirements of this subpart; therefore, this subpart 
does not require you to obtain a title V permit.


Sec. 62.14481  When must I submit a title V permit application for my 
HMIWI?

    You must submit a title V permit application in time for it to be 
determined or deemed complete by no later than September 15, 2000 or by 
the effective date of a title V permits program in the jurisdiction in 
which the unit is located, whichever is later. (An earlier deadline may 
apply if your HMIWI is also subject to title V permitting requirements 
because of some other triggering requirement.) A ``complete'' title V 
permit application is one that has been approved by the appropriate 
permitting authority as complete under Section 503 of the Clean Air Act 
and 40 CFR parts 70 and 71. It is not enough to have submitted a title 
V permit application by September 15, 2000 because the application must 
be determined or deemed complete by the permitting authority by that 
date for your HMIWI to operate after that date in compliance with 
Federal law.

Definitions


Sec. 62.14490  Definitions.

    Batch HMIWI means an HMIWI that is designed such that neither waste 
charging nor ash removal can occur during combustion.
    Biologicals means preparations made from living organisms and their 
products, including vaccines, cultures, etc., intended for use in 
diagnosing, immunizing, or treating humans or animals or in research 
pertaining thereto.
    Blood products means any product derived from human blood, 
including but not limited to blood plasma, platelets, red or white 
blood corpuscles, and other derived licensed products, such as 
interferon, etc.
    Body fluids means liquid emanating or derived from humans and 
limited to blood; dialysate; amniotic, cerebrospinal, synovial, 
pleural, peritoneal and pericardial fluids; and semen and vaginal 
secretions.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Co-fired combustor means a unit combusting hospital waste and/or 
medical/infectious waste with other fuels or wastes (e.g., coal, 
municipal solid waste) and subject to an enforceable requirement 
limiting the unit to combusting a fuel feed stream, 10 percent or less 
of the weight of which is comprised, in aggregate, of hospital waste 
and medical/infectious waste as measured on a calendar quarter basis. 
For purposes of this definition, pathological waste, chemotherapeutic 
waste, and low-level radioactive waste are considered ``other'' wastes 
when calculating the percentage of hospital waste and medical/
infectious waste combusted.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant.
    Continuous HMIWI means an HMIWI that is designed to allow waste 
charging and ash removal during combustion.
    Dioxins/furans means the combined emissions of tetra-through octa-
chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 
Reference Method 23.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gases in the 
HMIWI exhaust stream forming a dry powder material.
    Fabric filter or baghouse means an add-on air pollution control 
system that removes particulate matter (PM) and nonvaporous metals 
emissions by passing flue gas through filter bags.
    Facilities manager means the individual in charge of purchasing, 
maintaining, and operating the HMIWI or the owner's or operator's 
representative responsible for the management of the HMIWI. Alternative 
titles may include director of facilities or vice president of support 
services.
    High-air phase means the stage of the batch operating cycle when 
the primary chamber reaches and maintains maximum operating 
temperatures.
    Hospital means any facility which has an organized medical staff, 
maintains at least six inpatient beds, and where the primary function 
of the institution is to provide diagnostic and therapeutic patient 
services and continuous nursing care primarily to human inpatients who 
are not related and who stay on average in excess of 24 hours per 
admission. This definition does not include facilities maintained for 
the sole purpose of providing nursing or convalescent care to human 
patients who generally are not acutely ill but who require continuing 
medical supervision.
    Hospital/medical/infectious waste incinerator or HMIWI or HMIWI 
unit means any device that combusts any amount of hospital waste and/or 
medical/infectious waste.
    Hospital/medical/infectious waste incinerator operator or HMIWI 
operator means any person who operates, controls or supervises the day-
to-day operation of an HMIWI.
    Hospital waste means discards generated at a hospital, except 
unused items returned to the manufacturer. The definition of hospital 
waste does not include human corpses, remains, and

[[Page 49891]]

anatomical parts that are intended for interment or cremation.
    Infectious agent means any organism (such as a virus or bacteria) 
that is capable of being communicated by invasion and multiplication in 
body tissues and capable of causing disease or adverse health impacts 
in humans.
    Intermittent HMIWI means an HMIWI that is designed to allow waste 
charging, but not ash removal, during combustion.
    Large HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 500 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate 
is more than 500 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day.
    (2) The following are not large HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 500 pounds per hour; or
    (ii) A batch HMIWI whose maximum charge rate is less than or equal 
to 4,000 pounds per day.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
State standards for unrestricted release. Low-level radioactive waste 
is not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions. During periods of malfunction the 
operator must operate within established parameters as much as 
possible, and monitoring of all applicable operating parameters must 
continue until all waste has been combusted or until the malfunction 
ceases, whichever comes first.
    Maximum charge rate means:
    (1) For continuous and intermittent HMIWI, 110 percent of the 
lowest 3-hour average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limits.
    (2) For batch HMIWI, 110 percent of the lowest daily charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits.
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,
    [GRAPHIC] [TIFF OMITTED] TR15AU00.003
    

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] TR15AU00.004
    

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.

    Maximum fabric filter inlet temperature means 110 percent of the 
lowest 3-hour average temperature at the inlet to the fabric filter 
(taken, at a minimum, once every minute) measured during the most 
recent performance test demonstrating compliance with the dioxin/furan 
emission limit.
    Maximum flue gas temperature means 110 percent of the lowest 3-hour 
average temperature at the outlet from the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the mercury (Hg) emission limit.
    Medical/infectious waste means any waste generated in the 
diagnosis, treatment, or immunization of human beings or animals, in 
research pertaining thereto, or in the production or testing of 
biologicals that is listed in paragraphs (1) through (7) of this 
definition. The definition of medical/infectious waste does not include 
hazardous waste identified or listed under the regulations in part 261 
of this chapter; household waste, as defined in Sec. 261.4(b)(1) of 
this chapter; ash from incineration of medical/infectious waste, once 
the incineration process has been completed; human corpses, remains, 
and anatomical parts that are intended for interment or cremation; and 
domestic sewage materials identified in Sec. 261.4(a)(1) of this 
chapter.
    (1) Cultures and stocks of infectious agents and associated 
biologicals, including: Cultures from medical and pathological 
laboratories; cultures and stocks of infectious agents from research 
and industrial laboratories; wastes from the production of biologicals; 
discarded live and attenuated vaccines; and culture dishes and devices 
used to transfer, inoculate, and mix cultures.
    (2) Human pathological waste, including tissues, organs, and body 
parts and body fluids that are removed during surgery or autopsy, or 
other medical procedures, and specimens of body fluids and their 
containers.
    (3) Human blood and blood products including:
    (i) Liquid waste human blood;
    (ii) Products of blood;
    (iii) Items saturated and/or dripping with human blood; or
    (iv) Items that were saturated and/or dripping with human blood 
that are now caked with dried human blood; including serum, plasma, and 
other blood components, and their containers, which were used or 
intended for use in either patient care, testing and laboratory 
analysis or the development of pharmaceuticals. Intravenous bags are 
also include in this category.
    (4) Sharps that have been used in animal or human patient care or 
treatment or in medical, research, or industrial laboratories, 
including hypodermic needles, syringes (with or without the attached 
needle), Pasteur pipettes, scalpel blades, blood vials, needles with 
attached tubing, and culture dishes (regardless of presence of 
infectious agents). Also included are other types of broken or unbroken 
glassware that were in contact with infectious agents, such as used 
slides and cover slips.

[[Page 49892]]

    (5) Animal waste including contaminated animal carcasses, body 
parts, and bedding of animals that were known to have been exposed to 
infectious agents during research (including research in veterinary 
hospitals), production of biologicals or testing of pharmaceuticals.
    (6) Isolation wastes including biological waste and discarded 
materials contaminated with blood, excretions, exudates, or secretions 
from humans who are isolated to protect others from certain highly 
communicable diseases, or isolated animals known to be infected with 
highly communicable diseases.
    (7) Unused sharps including the following unused, discarded sharps: 
hypodermic needles, suture needles, syringes, and scalpel blades.
    Medium HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 200 pounds per hour but less than or equal to 500 pounds per hour; 
or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate 
is more than 200 pounds per hour but less than or equal to 500 pounds 
per hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day but less than or equal to 4,000 pounds per day.
    (2) The following are not medium HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour or more than 500 pounds per 
hour; or
    (ii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day or less than or equal to 1,600 pounds per day.
    Minimum dioxin/furan sorbent flow rate means 90 percent of the 
highest 3-hour average dioxin/furan sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the dioxin/furan emission limit.
    Minimum Hg sorbent flow rate means 90 percent of the highest 3-hour 
average Hg sorbent flow rate (taken, at a minimum, once every hour) 
measured during the most recent performance test demonstrating 
compliance with the Hg emission limit.
    Minimum horsepower or amperage means 90 percent of the highest 3-
hour average horsepower or amperage to the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Minimum hydrogen chloride (HCl) sorbent flow rate means 90 percent 
of the highest 3-hour average HCl sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the HCl emission limit.
    Minimum pressure drop across the wet scrubber means 90 percent of 
the highest 3-hour average pressure drop across the wet scrubber PM 
control device (taken, at a minimum, once every minute) measured during 
the most recent performance test demonstrating compliance with the PM 
emission limit.
    Minimum scrubber liquor flow rate means 90 percent of the highest 
3-hour average liquor flow rate at the inlet to the wet scrubber 
(taken, at a minimum, once every minute) measured during the most 
recent performance test demonstrating compliance with all applicable 
emission limits.
    Minimum scrubber liquor pH means 90 percent of the highest 3-hour 
average liquor pH at the inlet to the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the HCl emission 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, or dioxin/furan emission 
limits.
    Modification or Modified HMIWI means any change to an HMIWI unit 
after March 16, 1998, such that:
    (1) The cumulative costs of the modifications, over the life of the 
unit, exceed 50 per centum of the original cost of the construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to 
current costs, or
    (2) The change involves a physical change in or change in the 
method of operation of the unit which increases the amount of any air 
pollutant emitted by the unit for which standards have been established 
under section 129 or section 111.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of hospital waste or 
medical/infectious waste is combusted at any time in the HMIWI.
    Operation means the period during which waste is combusted in the 
incinerator excluding periods of startup or shutdown.
    Particulate matter or PM means the total particulate matter emitted 
from an HMIWI as measured by EPA Reference Method 5 or EPA Reference 
Method 29.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding 
(if applicable).
    Primary chamber means the chamber in an HMIWI that receives waste 
material, in which the waste is ignited, and from which ash is removed.
    Pyrolysis means the endothermic gasification of hospital waste and/
or medical/infectious waste using external energy.
    Secondary chamber means a component of the HMIWI that receives 
combustion gases from the primary chamber and in which the combustion 
process is completed.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber. For continuous HMIWI, shutdown must 
commence no less than 2 hours after the last charge to the incinerator. 
For intermittent HMIWI, shutdown must commence no less than 4 hours 
after the last charge to the incinerator. For batch HMIWI, shutdown 
must commence no less than 5 hours after the high-air phase of 
combustion has been completed.
    Small HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is less 
than or equal to 200 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate 
is less than or equal to 200 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is less than or equal 
to 1,600 pounds per day.
    (2) The following are not small HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour;
    (ii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day.
    Small rural HMIWI means a small HMIWI which is located more than 50 
miles from the boundary of the nearest Standard Metropolitan 
Statistical Area and which burns less than 2,000 pounds per week of 
hospital waste and medical/ infectious waste.
    Standard conditions means a temperature of 20 deg.C and a pressure 
of 101.3 kilopascals.
    Standard Metropolitan Statistical Area or SMSA means any areas 
listed in

[[Page 49893]]

OMB Bulletin No. 93-17 entitled ``Revised Statistical Definitions for 
Metropolitan Areas'' dated June 30, 1993. This information can also be 
obtained from the nearest Metropolitan Planning Organization.
    Startup means the period of time between the activation of the 
system and the first charge to the unit. For batch HMIWI, startup means 
the period of time between activation of the system and ignition of the 
waste.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.

Delegation of Authority


Sec. 62.14495  What authorities will be retained by the EPA 
Administrator?

    The following authorities will be retained by the EPA Administrator 
and not transferred to the State or Tribe:
    (a) The requirements of Sec. 62.14453(b) establishing operating 
parameters when using controls other than a dry scrubber followed by a 
fabric filter, a wet scrubber, or a dry scrubber followed by a fabric 
filter and a wet scrubber.
    (b) Alternative methods of demonstrating compliance under 40 CFR 
60.8.

                           Table 1 of Subpart HHH of Part 62.--Emission Limits for Small Rural, Small, Medium, and Large HMIWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Emission limits
                                    Units (7 percent oxygen, ------------------------------------------------------------------------------------------
            Pollutant                dry basis at standard                                           HMIWI size
                                          conditions)        ------------------------------------------------------------------------------------------
                                                                   Small rural               Small                 Medium                 Large
-------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...............  Milligrams per dry         197 (0.086)            115 (0.05)             69 (0.03)             34 (0.015)
                                    standard cubic meter
                                    (grains per dry standard
                                    cubic foot).
Carbon monoxide..................  Parts per million by       40                     40                     40                    40
                                    volume.
Dioxins/furans...................  Nanograms per dry          800 (350) or           125 (55) or            125 (55) or           125 (55) or
                                    standard cubic meter      15 (6.6)               2.3 (1.0)              2.3 (1.0)             2.3 (1.0)
                                    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).
Hydrogen chloride................  Parts per million by       3,100                  100 or 93%             100 or 93%            100 or 93%
                                    volume or percent
                                    reduction.
Sulfur dioxide...................  Parts per million by       55                     55                     55                    55
                                    volume.
Nitrogen oxides..................  Parts per million by       250                    250                    250                   250
                                    volume.
Lead.............................  Milligrams per dry         10 (4.4)               1.2 (0.52) or 70%      1.2 (0.52) or 70%     1.2 (0.52) or 70%
                                    standard cubic meter
                                    (grains per thousand dry
                                    standard cubic feet) or
                                    percent reduction.
Cadmium..........................  Milligrams per dry         4 (1.7)                0.16 (0.07) or 65%     0.16 (0.07) or 65%    0.16 (0.07) or 65%
                                    standard cubic meter
                                    (grains per thousand dry
                                    standard cubic feet) or
                                    percent reduction.
Mercury..........................  Milligrams per dry         7.5 (3.3)              0.55 (0.24) or 85%     0.55 (0.24) or 85%    0.55 (0.24) or 85%
                                    standard cubic meter
                                    (grains per thousand dry
                                    standard cubic feet) or
                                    percent reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------


      Table 2 of Subpart HHH of Part 62.--Tonic 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................       0.5
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...........................     0.001
2,3,7,8-tetrachlorinated dibenzofuran......................       0.1
2,3,4,7,8-pentachlorinated dibenzofuran....................       0.5
1,2,3,7,8-pentachlorinated dibenzofuran....................      0.05
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...............................     0.001
------------------------------------------------------------------------


[[Page 49894]]


 Table 3 of Subpart HHH of Part 62.--Operating Parameters To Be Monitored and Minimum Measurement and Recording
                                                   Frequencies
----------------------------------------------------------------------------------------------------------------
                                             Minimum frequency                             HMIWI
                                 -------------------------------------------------------------------------------
                                                                                                          HMIWI
                                                                                      HMIWI             \a\ with
                                                                                    \a\ with               dry
   Operating parameters to be                                               Small      dry      HMIWI   scrubber
            monitored              Data measurement     Data recording      rural   scrubber  \a\ with  followed
                                                                            HMIWI   followed     wet       by
                                                                                       by     scrubber   fabric
                                                                                     fabric              filter
                                                                                     filter              and wet
--------------------------------------------------------------------------------------------------------scrubber
Maximum operating parameters:
    Maximum charge rate.........  Once per charge...  Once per charge...           
    Maximum fabric filter inlet   Continuous........  Once per minute...                         
     temperature.
    Maximum flue gas temperature  Continuous........  Once per minute...                         
Minimum operating parameters:
    Minimum secondary chamber     Continuous........  Once per minute...           
     temperature.
    Minimum dioxin/furan sorbent  Hourly............  Once per hour.....                         
     flow rate.
    Minimum HCl sorbent flow      Hourly............  Once per hour.....                         
     rate.
    Minimum mercury (Hg) sorbent  Hourly............  Once per hour.....                         
     flow rate.
    Minimum pressure drop across  Continuous........  Once per minute...                         
     the wet scrubber or minimum
     horsepower or amperage to
     wet scrubber.
    Minimum scrubber liquor flow  Continuous........  Once per minute...                         
     rate.
    Minimum scrubber liquor pH..  Continuous........  Once per minute...                         
----------------------------------------------------------------------------------------------------------------
\a\ Does not include small rural HMIWI.

[FR Doc. 00-20341 Filed 8-14-00; 8:45 am]
BILLING CODE 6560-50-U