[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Rules and Regulations]
[Pages 18249-18252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8404]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[PA152-4099a; FRL-6571-5]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Allegheny County, Pennsylvania;
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 aproving the Allegheny County, Pennsylvania hospital/
medical/infectious waste incinerator (HMIWI) 111(d)/129 plan (the
``plan'') submitted on June 24, 1999 by the Pennsylvania Department of
Environmental Protection (PADEP) on behalf of the Allegheny County
Health Department (ACHD). 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 June 6, 2000 unless within May 8,
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 Allegheny
County Health Department, Air Quality Program, 301 39th Street,
Pittsburgh, Pennsylvania 15201-1891.
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 Allegheny County HMIWI 111(d)/129 Plan
Must Meet for Approval
What general EPA requirements must the Allegheny County Health
Department (ACHD) meet in order to receive approval of its County
HMIWI 111(d)/129 plan?
What does the Allegheny County plan contain?
Does the Allegheny County 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 Allegheny County
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 Allegheny County 111(d)/129 plan (the
``plan'') for the control of air pollutant emissions
[[Page 18250]]
from hospital/medical/infectious waste incinerators (HMIWIs). The plan
was developed by the Allegheny County Health Department (ACHD), Air
Quality Program. In its capacity as the Commonwealth's air pollution
control agency, on June 24, 1999 the Pennsylvania Department of
Environmental Protection (PADEP) formally submitted the plan to EPA on
behalf of the ACHD. 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 emission guideline (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 Plan, 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, sulphur 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 level, 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
included 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 Allegheny County, Pennsylvania HMIWI
111(d)/129 Plan Must Meet for Approval
Q. What general requirements must the ACHD meet to receive approval
of its County 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 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 Allegheny County
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 Allegheny County plan contain?
A. Consistent with the requirements of Subparts B, Ce and Ec, the
Allegheny County plan contains the following elements:
1. A demonstration of the County's legal authority to implement the
plan under County and Pennsylvania law;
2. Identification of the County's enforceable mechanism, ACHD Rules
and Regulations, Article XXI, Sections 2101.20 and 2105.32;
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 County plan;
10. Provision for County submittal to EPA of annual reports on
progress in plan enforcement; and
11. A Title V permit application due date.
The ACHD HMIWI regulations were approved by the Allegheny County
Board of Health on March 11, 1998 and by the Board of County
Commissioners on November 19, 1998. The regulations became effective on
September 1, 1999, and incorporate by reference (IBR) applicable
Subpart Ec requirements.
Q. Does the Allegheny County 111(d)/129 plan meet all EPA
requirements for approval?
A. Yes. The ACHD 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 Allegheny County 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 Article XXI, Section 2105.32.e.
[[Page 18251]]
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 Allegheny County 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 ACHD Rules and Regulations, Article XXI, Sections
2101.20 and 2105.32.
Q. What emissions limits must I meet, and in what time frame?
A. You must install an emissions controls system capable of meeting
the maximum available control technology (MACT) emission limitations
for the pollutants identified above. The pollutant emission limitations
are stipulated in Article XXI, Sections 2105.32.f.1, Table 1, and f.2.
Compliance is required on or before September 1, 2000 for all
designated facilities. With adequate justification, you may petition
the ACHD for a compliance schedule extension that does not extend
beyond September 15, 2002. Petitions must be submitted no later than
September 1, 2000, and 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 request must include increments of progress that
are no less stringent than those specified in the plan and regulation,
Section 2105.32.g.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 the 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 the regulation at Section 2105.32g.5. Compliance with
this training requirement must be achieved within one year of the
effective date of the County regulation (i.e., September 1, 2000).
Also, as a HMIWI owner/operator, you are required to develop and
update annually site-specific information regarding your facilities'
operations. Each of your HMIWI operators is required on an annual basis
to review the updated operational information.
The ACHD regulation IBR the applicable operational requirements of
the EG and the related NSPS. See Subpart Ec, Secs. 60.56c, 60.53c, and
60.58c, respectively 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) monitoring
of site-specific operating parameters, (3) compliance with the operator
training and qualification requirements, and (4) development of the
waste management plan. Records must be maintained for at least five
years.
The ACHD regulation IBR the applicable testing, monitoring,
recordkeeping, and reporting requirements of the EG and related NSPS.
See 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 operate under a Title V
permit no later than September 15, 2000. This is required under Article
XXI, section 2105.32d.
IV. Final EPA Action
The Allegheny County 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 Allegheny
County 111(d)/129 plan for the control of HMIWI emissions from
designated facilities. As provided by 40 CFR 60.28(c), any revisions to
the Allegheny County plan or associated regulations will not be
considered part of the applicable plan until submitted by the PADEP on
behalf of ACHD in accordance with 40 CFR 60.28(a) or (b), as
applicable, and until approved by EPA in accordance with 40 CFR Part
60, Subpart B.
As requested, no EPA action is taken on the State Implementation
Plan (SIP) revision relating to Article XXI. EPA action on the SIP
revision request will be taken under a separate action from this
111(d)/129 plan approval.
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 June 6, 2000 without further notice unless the Agency
receives
[[Page 18252]]
relevant adverse comments by May 8, 2000. If EPA receives such
comments, then EPA will publish a document withdrawing the final rule
and informing the public that the rule did 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 June 6, 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.).
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 June 6, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Hospital/medical/
infectious waste incinerators, Reporting and recordkeeping
requirements.
Dated: March 23, 2000.
Bradley M. Campbell,
Regional Administrator, EPA Region III.
40 CFR Part 62, Subpart NN, 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 NN-- Pennsylvania
2. A new undesignated center heading and Sec. 62.9660, 62.9661, and
62.9662 are added to Subpart NN to read as follows:
Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWIs)--Section 111(d)/129 Plan
Sec. 62.9660 Identification of plan.
Section 111(d)/129 plan for HMIWIs and the associated Allegheny
County Health Department (ACHD) regulations, as submitted on June 24,
1999.
Sec. 62.9661 Identification of sources.
The plan applies to all Allegheny County, Pennsylvania existing
HMIWI for which construction was commenced on or before June 20, 1996.
Sec. 62.9662 Effective date.
The effective date of the plan for municipal solid waste landfills
is June 6, 2000.
[FR Doc. 00-8404 Filed 4-6-00; 8:45 am]
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