[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37046-37049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14766]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[WV--6013a; FRL-6714-2]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; West Virginia; Control of
Emissions From Existing Hospital/Medical/Infectious Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the West Virginia hospital/medical/infectious
waste incinerator (HMIWI) 111(d)/129 plan ( the ``plan'') submitted on
August 18, 1999 by the West Virginia Division of Environmental
Protection (WV DEP), and the subsequent plan amendment of April 19,
2000. The plan establishes emission limitations and other requirements
for existing HMIWIs, and provides for the implementation and
enforcement of those limitations and requirements.
DATES: This final rule is effective July 28, 2000 unless by July 13,
2000 adverse or critical comments are received. If adverse comment is
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register and inform the public that the rule will not
take effect.
ADDRESSES: Comments may be mailed to Makeba A. Morris, Chief, Technical
Assessment Branch, Mailcode 3AP22, Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies
of the documents relevant to this action are available for public
inspection during normal business hours at the following locations: Air
Protection Division, Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103-2029; and the West
Virginia Division of Environmental Protection, Office of Air Quality,
7012 MacCorkle Avenue, South East, Charleston, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This document is divided into Sections I
through V and answers the questions posed below.
I. General Provisions
What is EPA approving?
What is a State/local 111(d)/129 plan?
What pollutant(s) will this action control?
What are the expected environmental and public health benefits
from controlling HMIWI emissions?
II. Federal Requirements the WV HMIWI 111(d)/129 Plan Must Meet for
Approval
What general EPA requirements must the WV DEP meet in order to
receive approval of its HMIWI 111(d)/129 plan?
What does the WV plan contain?
Does the WV plan meet all EPA requirements for approval?
III. Requirements for Affected HMIWI Owners/Operators
How do I determine if my HMIWI is subject to the WV 111(d)/129
plan?
What general requirements must I meet under the approved EPA
111(d)/129 plan?
What emissions limits must I meet, and in what time frame?
Are there any operational requirements for my HMIWI and air
pollution control system?
What are the testing, monitoring, recordkeeping, and reporting
requirements for my HMIWI?
Is there a requirement for obtaining a Title V permit?
IV. Final EPA Action
V. Administrative Requirements
I. General Provisions
Q. What is EPA approving?
A. EPA is approving the WV 111(d)/129 plan (the ``plan'') for the
control of air pollution emissions from hospital/medical/infectious
waste incinerators (HMIWIs). The plan was developed by the WV DEP. On
August 18, 1999 the WV DEP submitted its plan to EPA; and on April 19,
2000 submitted a plan amendment. EPA is publishing this approval action
without prior proposal because we view this as a noncontroversial
action and anticipate no adverse comments.
Q. What is a State/local 111(d)/129 plan?
A. Section 111(d) of the Clean Air Act (CAA) requires that
``designated'' pollutants, controlled under standards of performance
for new stationary sources by Section 111(b) of the CAA, must also be
controlled at existing sources in the same source category to a level
stipulated in an emission guidelines (EG) document. Section 129 of the
CAA specifically addresses solid waste combustion and emissions
controls based on what is commonly referred to as maximum achievable
control technology (MACT). Section 129 requires EPA to promulgate a
MACT-based EG document, and then requires states to develop 111(d)/129
plans that implement and enforce the EG requirements. The HMIWI EG at
40 CFR part 60, subpart Ce, establish the MACT requirements under the
authority of both Sections 111(d) and 129 of the CAA. These
requirements must be incorporated into a State/local 111(d)/129 plan
that is ``at least as protective'' as the EG, and is Federally
enforceable upon approval by EPA.
The procedures for adoption and submittal of State 111(d)/129 plans
are codified in 40 CFR part 60, subpart B. Additional information on
the submittal of State plans is provided in the EPA document,
``Hospital/Medical/Infectious Waste Incinerator Emission Guidelines:
Summary of the Requirements for Section 111(d)/129 State Plans, EPA-
456/R-97-007, November, 1997.''
Q. What pollutant(s) will this action control?
A. The September 15, 1997 promulgated EG, Subpart Ce, are
applicable to all existing HMIWIs (i.e., the designated facilities)
that emit organics (dioxins/furans), carbon monoxide, metals (cadmium,
lead, mercury, particulate matter), opacity, and acid gases (hydrogen
chloride, sulfur dioxide, and nitrogen oxides). This action establishes
emission limitations for each of these pollutants.
Q. What are the expected environmental and public health benefits
from controlling HMIWI emissions?
A. HMIWI emissions can have adverse effects on both public health
and the environment. Dioxin, lead, and mercury can bioaccumulate in the
environment. Exposure to dioxins/furans has been linked to reproductive
and developmental effects, changes in hormone levels, and chloracne.
Respiratory and other effects are associated with exposure to
particulate matter, sulfur dioxide, cadmium, hydrogen chloride, and
mercury. Health effects associated with exposure to cadmium, and lead
include probable carcinogenic effects. Acid gases contribute to the
acid rain that lowers the pH of surface waters and watersheds, harms
forests, and damages buildings.
II. Federal Requirements the West Virginia HMIWI 111(d)/129 Plan
Must Meet for Approval
Q. What general requirements must the WV DEP meet to receive
approval of its WV 111(d)/129 plan?
A. The plan must meet the requirements of both 40 CFR part 60,
subparts B, and Ce. Subpart B specifies detailed procedures for the
adoption and submittal of State plans for
[[Page 37047]]
designated pollutants and facilities. The EG, Subpart Ce, and the
related new source performance (NSPS), Subpart Ec, contain the
requirements for the control of designated pollutants, as listed above,
in accordance with Sections 111(d) and 129 of the CAA. In general, the
applicable provisions of Subpart Ec relate to compliance and
performance testing, monitoring, reporting, and recordkeeping. More
specifically, the WV plan must meet the requirements of (1) 40 CFR part
60, subpart Ce, Sections 60.30e through 60.39c, and the related Subpart
Ec provisions; and (2) 40 CFR part 60, subpart B, sections 60.23
through 26.
Q. What does the WV plan contain?
A. Consistent with the requirements of Subparts B, Ce and Ec, the
WV plan contains the following elements:
1. A demonstration of West Virginia's legal authority to implement
the plan;
2. Identification of the West Virginia enforceable mechanism, rule
45CSR24 ``To Prevent and Control Emissions from Hospital/Medical/
Infectious Waste Incinerators'';
3. Source and emission inventories, as required;
4. Emission limitation requirements that are no less stringent than
those in Subpart Ce;
5. A source compliance schedule, including increments of progress,
as required;
6. Source testing, monitoring, recordkeeping, and reporting
requirements;
7. HMIWI operator training and qualification requirements;
8. Requirements for development of a Waste Management Plan;
9. Records of the public hearing on the WV plan;
10. Provision for the WV DEP submittal to EPA of annual reports on
progress in plan enforcement; and
11. A Title V permit application due date.
On August 3, 1998, the WV DEP filed 45CSR24, ``To Prevent and
Control Emissions from Hospital/Medical/Infectious Waste Incinerators''
with the Legislative Rulemaking Review Committee (LRMC) for its
recommendation and approval to the 1999 Legislature. Legislative
approval was received and the regulation became effective on June 1,
1999. Subsequent regulation amendments, which correct typographical
errors and clarify the final compliance date, were also approved and
became effective on May 1, 2000. The regulation applies to existing
HMIWIs and incorporates by reference (IBR) related and applicable new
source performance standards, Subpart Ec.
Q. Does the WV 111(d)/129 plan meet all EPA requirements for
approval?
A. Yes. The WV DEP has submitted a plan that conforms to all EPA
Subpart B and Ce requirements. Each of the above listed plan elements
is approvable. Details regarding the approvability of the plan elements
are included in the technical support document (TSD) associated with
this action. A copy of the TSD is available, upon request, from the EPA
Regional Office listed in the ADDRESSES section of this document.
III. Requirements Affected HMIWI Owners/Operators Must Meet
Q. How do I determine if my HMIWI is a designated facility subject
to the WV 111(d)/129 plan?
A. If construction commenced on your HMIWI on or before June 20,
1996, your HMIWI is classified as an existing or designated facility
that may be subject the plan. The plan contains no lower applicability
threshold based on incinerator capacity. However, there are designated
facility exemptions. Those exemptions include incinerators that burn
only pathological, low level radioactive, and/or chemotherapeutic
waste; co-fired combustors; incinerators permitted under Section 3005
of the Solid Waste Disposal Act; municipal waste combustors (MWC)
subject to EPA's municipal waste combustor rule; pyrolysis units; and
cement kilns.
Details regarding applicability and exemptions provisions are
stipulated in WV regulation 45SCR24 Sec. 3.
Q. As an affected HMIWI owner/operator, what general requirements
must I meet under the approved EPA 111(d)/129 plan?
A. In general, the West Virginia HMIWI regulation establishes the
following requirements:
Emission limitations for particulate matter (PM), opacity,
carbon monoxide (CO), dioxins/furans (CDD/CDF), hydrogen chloride
(HCl), sulfur dioxide (SO2), nitrogen oxides
(NOX), lead (Pb), cadmium (Cd), and mercury (Hg)
Compliance and performance testing
Operating parameter monitoring
Operator training and qualification
Development of a waste management plan
Source testing, recordkeeping and reporting
A Title V permit
A full and comprehensive statement of the above requirements is
incorporated in the WV DEP regulation 45CSR24.
Q. What emissions limits must I meet, and in what time frame?
A. You must install an emissions controls system capable of meeting
the MACT emission limitations for the pollutants identified above. The
pollutant emission limitations are stipulated in Table 1 of 45CSR24
Secs. 4.3.a. and g.; and Secs. 4.4.a, and i.. Compliance is required
within one year after the effective date of EPA approval of the WV
111(d)/129 plan. With adequate justification, you may petition the WV
DEP for a compliance schedule extension that does not extend beyond
September 15, 2002. Petitions must be submitted no later than nine
months after the effective date of EPA plan approval. Petitions must
include documentation of your analysis undertaken to support the need
for an extension, and your evaluation of the option to transport the
waste offsite to a commercial medical waste treatment and disposal
facility on a temporary or permanent basis. Also, your extension
petition must include increments of progress that are no less stringent
than those specified in the plan and regulation, 45CSR24 Sec. 7.2.
Q. Are there any operational requirements for my HMIWI and
emissions control system?
A. Yes, there are operational requirements. In summary, the
operational requirements relate to: (1) The HMIWI and air pollution
control devices (APCD) operating within certain established parameter
limits, determined during the initial performance test; (2) the use of
a trained and qualified HMIWI operator; and (3) the completion of an
annual update of operation and maintenance information, and its review
by the HMIWI operators.
Failure to operate the HMIWI or APCD within certain established
operating parameter limits constitutes an emissions violation for the
controlled air pollutants. However, as a HMIWI owner/operator, you are
provided an opportunity to establish revised operating limits, and
demonstrate that your facility is meeting the required emission
limitations, providing a repeat performance test is conducted in a
timely manner.
A fully trained and qualified operator must be available at your
facility during the operation of the HMIWI, or the operator must be
readily available to the facility within one hour. In order to be
classified as a qualified operator, you must complete an appropriate
HMIWI operator training course that meets the Subpart Ec criteria
referenced in 45CSR24 Secs. 4.3.b and 4.4.b. Compliance must be
achieved within one year of the effective date of EPA approval of the
plan. Also, as a HMIWI owner/operator, you are required to develop and
update
[[Page 37048]]
annually site-specific information regarding your facility's
operations. Each of your HMIWI operators is required on an annual basis
to review the updated operational and maintenance information.
The WV regulation IBR the applicable operational requirements of
the EG and the related NSPS. See 40 CFR subpart Ec, Secs. 60.56c,
60.53c, and 60.58c for details regarding these operational
requirements.
Q. What are the testing, monitoring, recordkeeping, and reporting
requirements for my HMIWI?
A. Testing, monitoring, recordkeeping, and reporting requirements
are summarized below: You are required to conduct an initial stack test
to determine compliance with the emission limitations for PM, opacity,
CO, CDD/CDF, HCl, Pb, Cd, and Hg. As noted above, operating parameter
limits are monitored and established during the initial performance
test. Monitored HMIWI operating parameters include, for example, waste
charge rate, secondary chamber and bypass stack temperatures. APCD
operating parameters include, for example, CDD/CDF and Hg sorbent
(e.g., carbon) flow rate, hydrogen chloride sorbent (e.g., lime) flow
rate, PM control device inlet temperature, pressure drop across the
control system, and liquid flow rate, including pH. After the initial
stack test, compliance testing is then required annually to determine
compliance with the emission limitations for PM, CO, and HCl.
Recordkeeping and reporting are required in order to document (1)
the results of the initial and annual performance tests, (2) the
monitoring of site-specific operating parameters, (3) compliance with
the operator training and qualification requirements, and (4) the
development of the waste management plan. Records must be maintained
for at least five years.
The WV regulation IBR the applicable testing, monitoring,
recordkeeping, and reporting requirements of the EG and related NSPS.
See 40 CFR subpart Ec, Secs. 60.56c, 60.57c, and 60.58c, respectively
for details regarding these requirements.
Q. Is there a requirement for obtaining a Title V permit?
A. Yes, affected facilities are required to submit a complete Title
V application to the WV DEP no later than September 15, 2000.
IV. Final EPA Action
The WV 111(d)/129 plan for controlling HMIWI emissions is
approvable. This approval does not include provisions, such as siting
and fugitive emission requirements, that relate solely to facilities
subject to the NSPS, and are not referenced in the EG.
Based upon the rationale discussed above and in further detail in
the TSD associated with this action, EPA is approving the WV 111(d)/129
plan for the control of HMIWI emissions from designated facilities. As
provided by 40 CFR Sec. 60.28(c), any revisions to the WV plan or
associated regulations will not be considered part of the applicable
plan until submitted by the WV DEP in accordance with 40 CFR
Sec. 60.28(a) or (b), as applicable, and until approved by EPA in
accordance with 40 CFR part 60, subpart B.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the 111(d) plan should
relevant adverse or critical comments be filed. This rule will be
effective July 28, 2000 without further notice unless the Agency
receives relevant adverse comments by July 13, 2000. If EPA receives
such comments, then EPA will publish a document withdrawing the final
rule and informing the public that the rule will not take effect. All
public comments received will then be addressed in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on this rule. Only parties interested in commenting on
this rule should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on July 28, 2000
and no further action will be taken on the proposed rule.
V. Administrative Requirements
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing 111(d)/129 plan submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the Clean Air
Act. In this context, in the absence of a prior existing requirement
for the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. As required by section 3 of Executive Order 12988 (61 FR
4729, February 7, 1996), in issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March
15, 1988) by examining the takings implications of the rule in
accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings' issued
under the executive order. This rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
[[Page 37049]]
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 14, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action approving the West Virginia 111(d)/129 plan
for HMIWI may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 1, 2000.
Bradley M. Campbell,
Regional Administrator, EPA Region III.
40 CFR part 62, subpart XX, is amended as follows:
PART 62--[AMENDED]
1. The authority citation for Part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart XX--West Virginia
2. A new center heading and Secs. 62.12150, 62.12151, and 62.12152
are added to Subpart XX to read as follows:
Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWIs)--SECTION 111(d)/129 Plan
Sec. 62.12150 Identification of plan.
Section 111(d)/129 plan for HMIWIs and the associated West Virginia
(WV) Department of Environmental Protection regulations, as submitted
on August 18, 1999, and as amended on April 19, 2000.
Sec. 62.12151 Identification of sources.
The plan applies to all existing WV HMIWI for which construction
was commenced on or before June 20, 1996.
Sec. 62.12152 Effective date.
The effective date of the plan is July 28, 2000.
[FR Doc. 00-14766 Filed 6-12-00; 8:45 am]
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