[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38732-38740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15292]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[FRL-6717-3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Colorado, Montana, South Dakota, Utah,
Wyoming; Control of Emissions From Existing Hospital/Medical/Infectious
Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: We are approving the Clean Air Act section 111(d) Plans
submitted by the Colorado Department of Public Health and the
Environment on December 22, 1998 (with additional information submitted
on October 4, 1999); the Montana Department of Environmental Quality on
January 19, 1999; the South Dakota Department of Environment and
Natural Resources on February 7, 2000, the Utah Department of
Environmental Quality on March 2, 1999 (with additional information
submitted on October 25, 1999); and the Wyoming Department of
Environmental Quality on September 7, 1999 (with recodification of
state regulations submitted on November 9, 1999), to implement and
enforce the Emissions Guidelines (EG) for existing Hospital/Medical/
Infectious Waste Incinerators (HMIWI). The EG require States to develop
plans to reduce toxic air emissions from all HMIWIs. In addition, as an
administrative matter, the heading of 40 CFR 62 Subpart G is being
corrected to include the state name.
DATES: This direct final rule is effective on August 21, 2000, without
further notice, unless we receive adverse comments by July 24, 2000. If
we receive adverse comments, we will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rules will not take effect.
ADDRESSES: Send written comments to: Richard R. Long, EPA Region 8,
Office of Air and Radiation (8P-AR), 999 18th Street, Suite 500,
Denver, Colorado 80202.
You may inspect copies of the documents relevant to this action
during normal business hours at the following location: EPA Region 8
offices, 999 18th Street, Suite 500, Denver, Colorado 80202. Please
contact Meredith Bond at (303) 312-6438 before visiting the Region 8
office.
Copies of the State documents relevant to this action are available
for
[[Page 38733]]
public inspection at the respective State offices:
1. Colorado--Air Pollution Control Division, Department of Public
Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado
80222-1530
2. Montana--Department of Environmental Quality, 1520 East 6th Avenue,
P.O. Box 200901, Helena, Montana 59620-0901
3. South Dakota--Department of Environment and Natural Resources, Joe
Foss Building, 523 East Capitol, Pierre, South Dakota 57501-3181
4. Utah--Division of Air Quality, Department of Environmental Quality,
150 North 1950 West, P.O. Box 144820, Salt Lake City, Utah 84114-4820
5. Wyoming--Department of Environmental Quality, Herschler Building,
122 West 25th Street, Cheyenne, Wyoming 82002
Interested persons wanting to examine these documents should make
an appointment with the appropriate office at least 24 hours before the
visiting day.
FOR FURTHER INFORMATION CONTACT: Meredith Bond, EPA Region 8, Air and
Radiation Program, at the above address, telephone (303) 312-6438.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is being taken by EPA today?
II. Why do we need to regulate HMIWI emissions?
III. What is a State Plan?
IV. What does the Colorado State Plan contain?
A. Why is the Colorado HMIWI State Plan approvable?
B. Is my HMIWI subject to Colorado's regulations?
C. What steps do I need to take?
V. What does the Montana State Plan contain?
A. Why is the Montana HMIWI State Plan approvable?
B. Is my HMIWI subject to Montana's regulations?
C. What steps do I need to take?
VI. What does the South Dakota State Plan contain?
A. Why is the South Dakota HMIWI State Plan approvable?
B. Is my HMIWI subject to South Dakota's regulations?
C. What steps do I need to take?
VII. What does the Utah State Plan contain?
A. Why is the Utah HMIWI State Plan approvable?
B. Is my HMIWI subject to Utah's regulations?
C. What steps do I need to take?
VIII. What does the Wyoming State Plan contain?
A. Why is the Wyoming HMIWI State Plan approvable?
B. Is my HMIWI subject to Wyoming's regulations?
C. What steps do I need to take?
IX. Administrative Requirements
I. What Action Is Being Taken by EPA Today?
We are approving the Colorado, Montana, South Dakota, Utah, and
Wyoming State Plans, as submitted on December 22, 1998 (with additional
information submitted on October 4,1999); January 19, 1999; February 7,
2000; January 19, 1999 (with additional information submitted on
October 25, 1999); and September 7, 1999 (with recodification of state
regulations submitted on November 9, 1999), respectively. These plans
were developed in accordance with section 111(d) of the CAA for the
control of air emissions from HMIWIs. These plans do not apply to those
HMIWIs located in Indian Country. When we developed our New Source
Performance Standard (NSPS) for HMIWIs, we also developed Emissions
Guidelines (EG) to control air emissions from older HMIWIs as we were
required to do by section 129(a) of the Clean Air Act (42 U.S.C.
7429(a)). (See 62 FR 48348-48391, September 15, 1997). Colorado,
Montana, South Dakota, Utah, and Wyoming, developed State Plans, as
required by section 111(d) of the Clean Air Act (the Act) (42 U.S.C.
7411(d)), to adopt the EG into their body of regulations, and we are
acting today to approve these State Plans as meeting all requirements
of section 111(d) and 129 of the Act and EPA regulations governing the
adoption and approval of State Plans for designated facilities (40 CFR
part 60, subpart B).
In addition, as an administrative matter, the heading of 40 CFR
part 62, subpart G is being corrected to include the state name,
``Colorado.''
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the revision should
significant, material, and adverse comments be filed. This action is
effective August 21, 2000, unless by July 24, 2000, adverse or critical
comments are received. If we receive such comments, this action will be
withdrawn before the effective date by publishing a subsequent document
that will withdraw the final action. All public comments received will
be addressed in a subsequent final rule based on this action serving as
a proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, this action is
effective August 21, 2000.
II. Why Do We Need To Regulate HMIWI Emissions?
The State Plans establish control requirements which reduce the
following emissions from HMIWIs: particulate matter, sulfur dioxide,
hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium,
mercury, dioxin, and dibenzofurans.
These pollutants can cause adverse effects to the public health and
the environment. Dioxin, lead, and mercury bioaccumulate through the
food web. Serious developmental and adult effects in humans, primarily
damage to the nervous system, have been associated with exposures to
mercury. Exposure to dioxin and furans can cause skin disorders,
cancer, and reproductive effects such as endometriosis. Dioxin and
furans can also affect the immune system. Acid gases affect the
respiratory tract, as well as contribute to the acid rain that damages
lakes and harms forests and buildings. Exposure to particulate matter
has been linked with adverse health effects, including aggravation of
existing respiratory and cardiovascular disease and increased risk of
premature death. Nitrogen oxide emissions contribute to the formation
of ground level ozone, which is associated with a number of adverse
health and environmental effects.
III. What Is a State Plan?
Section 111(d) of the Act requires that pollutants, other than
criteria pollutants, controlled under the NSPS must also be controlled
at older sources in the same source category. Once an NSPS is
promulgated for a non-criteria pollutant, we then publish an EG
applicable to the control of the same pollutant from existing
(designated) facilities. States with designated facilities must then
develop a State Plan to adopt the EG into their body of regulations.
States must also include in this State Plan other elements, such as
inventories, legal authority, and public participation documentation,
to demonstrate the ability to implement and enforce it.
IV. What Does the Colorado State Plan Contain?
Colorado adopted the Federal NSPS and EG by reference into its
State regulations at Regulation No. 6, part A. The Colorado State Plan
contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan. The State did not,
[[Page 38734]]
however, submit evidence of authority to regulate existing HMIWI in
Indian Country as defined in 18 U.S.C. 1151. Therefore, EPA is not
approving this State Plan as it relates to those sources.
2. State rules adopted into Regulation No. 6 as the mechanism for
implementing the emission guidelines.
3. An inventory of twelve known designated facilities, along with
estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of 1 year after EPA approval of the State
Plan.
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
A. Why Is the Colorado HMIWI State Plan Approvable?
EPA compared the Colorado rules (Regulation No. 6, part A, subpart
Ce) against our HMIWI EG. EPA finds the Colorado rules to be at least
as protective as the EG. The Colorado State Plan was reviewed for
approval with respect to the following criteria: 40 CFR 60.23 through
60.26, Subpart B--Adoption and Submittal of State Plans for Designated
Facilities; and, 40 CFR 60.30e through 60.39e, Subpart Ce--Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators. The Colorado State Plan satisfies the requirements for an
approvable section 111(d) plan under subparts B and Ce of 40 CFR part
60. For these reasons, we are approving the Colorado HMIWI State Plan.
B. Is My HMIWI Subject To Colorado's Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion and does not qualify
for exemption under 40 CFR 60.32e(b)-(h) (Regulation No. 6, part A),
you are subject to these regulations.
C. What Steps Do I Need To Take?
First, you will need to decide whether you will continue to operate
your incinerator and comply with the requirements of the Colorado State
Plan, or whether you will shut down your incinerator.
If you decide to continue operating your incinerator, you must meet
the requirements listed in Regulation No. 6, part A, summarized as
follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. You must meet the emission limits established for your
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce
to determine the specific emission limits which apply to you. (40 CFR
60.33e; 62 FR 48382, September 15, 1997).
3. Determine if your incinerator qualifies for treatment as a small
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b);
62 FR 48380, September 15, 1997).
4. You must meet a 10% opacity limit on your incinerator's
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR
48380, September 15, 1997).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62
FR 48380). Your operator must be certified no later than one year after
we approve Colorado's State Plan (40 CFR 60.39e(e); 62 FR 48382).
6. You must develop a waste management plan, and submit it to the
Colorado Department of Public Health and Environment no later than one
year after we approve this State Plan. Your waste management plan will
describe the solid waste practices that your facility will undertake to
reduce the amount of hospital, medical, and infectious waste that is
disposed of in your incinerator. Your plan must be developed under
guidance provided by the American Hospital Association publication, An
Ounce of Prevention: Waste Reduction Strategies for Health Care
Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
7. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits. (40 CFR 60.37e and
60.8; 62 FR 48380).
8. You must install and maintain devices to monitor the parameters
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
9. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years (40 CFR 60.38e; 62 FR 48381).
10. You must report to the Colorado Department of Public Health and
Environment the results of your initial performance test, the values
for your site-specific operating parameters, and your waste management
plan. This information must be reported within 60 days following your
initial performance test, and must be signed by the facilities manager
(40 CFR 60.38e; 62 FR 48381).
11. You must submit a complete Title V operating permit application
to the Colorado Department of Public Health and Environment no later
than September 15, 2000.
12. In general, you must comply with all the requirements of this
State Plan within one year after we approve it regardless of whether
your facility has been identified in the plan inventory. The Colorado
State Plan does not provide for petitions to extend the compliance
deadlines (40 CFR 60.39e; 62 FR 48381).
If you decide to shut down your incinerator, you must do so within
one year after we approve the State Plan in order to meet the
requirements of Regulation No. 6, part A.
V. What Does the Montana State Plan Contain?
Montana adopted the Federal NSPS and EG by reference into its State
regulations at Administrative Rules of Montana (ARM) 17.8.302,
``Incorporation By Reference,'' and ARM 17.8.340, ``Standard of
Performance For New Stationary Sources.'' Montana State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan. The State did not, however, submit evidence
of authority to regulate existing HMIWI in Indian Country as defined in
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it
relates to those sources.
2. State rules adopted into ARM 17.8.340 as the mechanism for
implementing the emission guidelines.
3. An inventory of four known designated facilities, along with
estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of three years after EPA approval of the State
Plan but not later than September 15, 2002.
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
A. Why Is the Montana HMIWI State Plan Approvable?
EPA compared the Montana rules (ARM 17.8.302 and ARM 17.8.340)
against our HMIWI EG. EPA finds the Montana rules to be at least as
protective as the EG. The Montana State Plan was reviewed for approval
with respect to the following criteria: 40 CFR
[[Page 38735]]
60.23 through 60.26, Subpart B--Adoption and Submittal of State Plans
for Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart
Ce--Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The Montana State Plan satisfies the
requirements for an approvable section 111(d) plan under subparts B and
Ce of 40 CFR part 60. For these reasons, we are approving the Montana
HMIWI State Plan.
B. Is My HMIWI Subject to Montana's Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion and does not qualify
for exemption under 40 CFR 60.32e (b)-(h) (ARM 17.8.340), you are
subject to these regulations.
C. What Steps Do I Need To Take?
First, you will need to decide whether you will continue to operate
your incinerator and comply with the requirements of the Montana State
Plan, or whether you will shut down your incinerator.
If you decide to continue operating your incinerator, the Montana
State Plan provides for measurable and enforceable incremental steps of
progress for designated facilities planning to install the necessary
air pollution control equipment allowing compliance on or before the
date 3 years after EPA approval of the State Plan but not later than
September 15, 2002. Further, Montana incorporated by reference the
requirements contained in 40 CFR part 60, subpart Ce which contains
additional compliance time requirements. You must meet the requirements
listed in ARM 17.8.340, summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. Determine if your incinerator qualifies for treatment as a small
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b);
62 FR 48380, September 15, 1997).
3. You must meet the emission limits established for your
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce
to determine the specific emission limits which apply to you. (40 CFR
60.33e; 62 FR 48382, September 15, 1997).
4. You must meet a 10% opacity limit on your incinerator's
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR
48380, September 15, 1997).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c)(40 CFR 60.34e; 62
FR 48380). Your operator must be certified no later than one year after
we approve the Montana State Plan (40 CFR 60.39e(e); 62 FR 48382).
6. You must develop a waste management plan, and submit it to the
Montana Department of Environmental Quality no later than one year
after we approve this State Plan. Your waste management plan will
describe the solid waste practices that your facility will undertake to
reduce the amount of hospital, medical, and infectious waste that is
disposed of in your incinerator. Your plan must be developed under
guidance provided by the American Hospital Association publication, An
Ounce of Prevention: Waste Reduction Strategies for Health Care
Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
7. You must submit a final Control Plan to the department for
review and final approval within 15 months after the date of our
approval of the State Plan. Your Control Plan will explain how your
HMIWI will meet the State Plan requirements.
8. You must award contracts for any necessary control systems/
process changes within 21 months after the date of our approval of the
State Plan.
9. You must initiate on-site construction or installation of any
necessary air pollution control devices, and initiate any necessary
process changes, within 24 months after the date of our approval of the
State Plan.
10. You must complete on-site construction or installation of any
necessary air pollution control devices, and initiate any necessary
process changes, within 24 months after the date of our approval of the
State Plan.
11. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits. (40 CFR 60.37e and
60.8; 62 FR 48380).
12. You must install and maintain devices to monitor the parameters
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
13. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years (40 CFR 60.38e; 62 FR 48381).
14. You must report to the Montana Department of Environmental
Quality the results of your initial performance test, the values for
your site-specific operating parameters, and your waste management
plan. This information must be reported within 60 days following your
initial performance test, and must be signed by the facilities manager
(40 CFR 60.38e; 62 FR 48381).
15. You must submit a complete Title V operating permit application
to the Montana Department of Environmental Quality no later than
September 15, 2000.
16. In general, you must comply with all the requirements of this
State Plan within 36 months after we approve it or by September 15,
2002. (40 CFR 60.39e; 62 FR 48381).
If you decide to shut down your incinerator, you must submit a
``final control plan'' that notifies the department that you will be
shutting down your incinerator within 15 months after the date of our
approval of the State Plan.
VI. What Does the South Dakota State Plan Contain?
South Dakota adopted the Federal NSPS and EG by reference into its
State regulations at Administrative Rules of South Dakota (ARSD)
74:36:07, ``New Source Performance Standards.'' The South Dakota State
Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan. The State did not, however, submit evidence
of authority to regulate existing HMIWI in Indian Country as defined in
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it
relates to those sources.
2. State rules adopted into ARSD 74:26:07:06.01 as the mechanism
for implementing the emission guidelines.
3. An inventory of one known designated facility, along with
estimates of its toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of 3 years after EPA approval of the State
Plan but not later than September 15, 2002.
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
A. Why Is the South Dakota HMIWI State Plan Approvable?
EPA compared the South Dakota rules (ARSD 74:36:07:06.01) against
our HMIWI EG. EPA finds the South Dakota rules to be at least as
protective as the EG. The South Dakota State Plan was reviewed for
approval with respect to the following criteria: 40 CFR 60.23 through
60.26, Subpart B--Adoption and Submittal of State Plans for
[[Page 38736]]
Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart Ce--
Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The South Dakota State Plan satisfies
the requirements for an approvable section 111(d) plan under subparts B
and Ce of 40 CFR part 60. For these reasons, we are approving the South
Dakota HMIWI State Plan.
B. Is My HMIWI subject to South Dakota's Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion and does not qualify
for exemption under 40 CFR 60.32e (b)-(h) (ARSD 74:36:07:06.01), you
are subject to these regulations.
C. What Steps Do I Need To Take?
First, you will need to decide whether you will continue to operate
your incinerator and comply with the requirements of the South Dakota
State Plan, or whether you will shut down your incinerator.
If you decide to continue operating your incinerator, South
Dakota's State Plan provides for measurable and enforceable incremental
steps of progress for designated facilities planning to install the
necessary air pollution control equipment allowing compliance on or
before the date 3 years after EPA approval of the State Plan but not
later than September 15, 2002. Further, South Dakota incorporated by
reference the requirements contained in 40 CFR part 60, subpart Ce
which contains additional compliance time requirements. You must meet
the requirements listed in ARSD 74:36:07:06.01, summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. Determine if your incinerator qualifies for treatment as a small
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b);
62 FR 48380, September 15, 1997).
3. You must meet the emission limits established for your
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce
to determine the specific emission limits which apply to you. (40 CFR
60.33e; 62 FR 48382, September 15, 1997).
4. You must meet a 10% opacity limit on your incinerator's
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR
48380, September 15, 1997).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c)(40 CFR 60.34e; 62
FR 48380). Your operator must be certified no later than one year after
we approve the South Dakota State Plan (40 CFR 60.39e(e); 62 FR 48382).
6. You must develop a waste management plan, and submit it to the
South Dakota Department of Environment and Natural Resources no later
than one year after we approve this State Plan. Your waste management
plan will describe the solid waste practices that your facility will
undertake to reduce the amount of hospital, medical, and infectious
waste that is disposed of in your incinerator. Your plan must be
developed under guidance provided by the American Hospital Association
publication, An Ounce of Prevention: Waste Reduction Strategies for
Health Care Facilities, 1993. (40 CFR 60.35e; 62 FR 48380).
7. You must submit a final Control Plan to the department for
review and final approval within 6 months after the date of our
approval of the State Plan. Your Control Plan will explain how your
HMIWI will meet the State Plan requirements.
8. You must submit a part 70 operating permit application and
design drawings of the air pollution control device to the department
within one year after the date of our approval of the State Plan.
9. You must submit a copy of the purchase order or other
documentation indicating an order has been placed for the major
components of the air pollution control device within 15 months after
the date of our approval of the State Plan.
10. You must begin initiation of site preparation for installation
of the air pollution control device within 2 years after the date of
our approval of the State Plan.
11. You must complete installation of the air pollution control
device within 30 months after the date of our approval of this State
Plan.
12. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits (40 CFR 60.37e and
60.8; 62 FR 48380). This test must be completed within 33 months after
the date of our approval of this State Plan.
13. You must install and maintain devices to monitor the parameters
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
14. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years (40 CFR 60.38e; 62 FR 48381).
15. You must report to the South Dakota Department of Environment
and Natural Resources the results of your initial performance test, the
values for your site-specific operating parameters, and your waste
management plan. This information must be reported within 60 days
following your initial performance test, and must be signed by the
facilities manager (40 CFR 60.38e; 62 FR 48381).
16. In general, you must comply with all the requirements of this
State Plan within 36 months after we approve it or by September 15,
2002 (40 CFR 60.39e; 62 FR 48381).
If you decide to shut down your incinerator, you must notify the
department within six months of the date of our approval of the State
Plan. Your written notification must inform the department of when the
unit will be shutdown. You shutdown date shall not be later than one
year after the date of our approval of the State Plan.
VII. What Does the Utah State Plan Contain?
Utah adopted the Federal NSPS and EG requirements into its State
regulations at Utah Administrative Code (UAC) R307-220-3 and R307-222.
The Utah State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan. The State did not, however, submit evidence
of authority to regulate existing HMIWI in Indian Country as defined in
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it
relates to those sources.
2. State rules adopted into R307-222 as the mechanism for
implementing the emission guidelines.
3. An inventory of fifteen known designated facilities, along with
estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of 1 year after EPA approval of the State
Plan.
6. Provisions allowing designated facilities to petition the State
for extensions, specifying incremental steps of progress towards
compliance for facilities planning to install the necessary air
pollution control equipment.
7. A Requirement that all designated facilities, whether or not
they have been identified in the Plan, are in compliance no later than
September 15, 2002.
8. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
9. Records from the public hearing; and,
[[Page 38737]]
10. Provisions for progress reports to EPA.
A. Why Is the Utah HMIWI State Plan Approvable?
EPA compared the Utah rules (UAC R307-220-3 and R307-222) against
our HMIWI EG. EPA finds the Utah rules to be at least as protective as
the EG. The Utah State Plan was reviewed for approval with respect to
the following criteria: 40 CFR 60.23 through 60.26, Subpart B--Adoption
and Submittal of State Plans for Designated Facilities; and, 40 CFR
60.30e through 60.39e, Subpart Ce--Emission Guidelines and Compliance
Times for Hospital/Medical/Infectious Waste Incinerators. The Utah
State Plan satisfies the requirements for an approvable section 111(d)
plan under subparts B and Ce of 40 CFR part 60. For these reasons, we
are approving the Utah HMIWI State Plan.
B. Is My HMIWI Subject To Utah's Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion and does not qualify
for exemption under 40 CFR 60.32e (b)-(h) (UAC R307-222-1.(2)), you are
subject to these regulations.
C. What Steps Do I Need To Take?
First, you will need to decide whether you will continue to operate
your incinerator and comply with the requirements of the Utah State
Plan, or whether you will shut down your incinerator.
If you decide to continue operating your incinerator, Utah's State
Plan requires that you comply with all requirements within one year
after EPA approval of the State Plan, unless you petition the executive
secretary of the Utah Department of Environmental Quality for a later
compliance date. Utah also incorporated by reference the requirements
contained in 40 CFR part 60, subpart Ce which contains additional
compliance time requirements. You must meet the requirements listed in
R307-220-3 and R307-222, summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. Determine if your incinerator qualifies for treatment as a small
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b);
62 FR 48380, September 15, 1997).
3. You must meet the emission limits established for your
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce
to determine the specific emission limits which apply to you. The
emission limits apply at all times, except during startup, shutdown, or
malfunctions, provided that no waste has been charged during these
events. (40 CFR 60.33e; 62 FR 48382, September 15, 1997).
4. You must meet a 10% opacity limit on your incinerator's
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR
48380, September 15, 1997).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62
FR 48380). Your operator must be certified no later than one year after
we approve this Utah State Plan (40 CFR 60.39e(e); 62 FR 48382).
6. You must develop a waste management plan, and submit it to the
Utah Department of Environmental Quality no later than one year after
we approve this State Plan. Your waste management plan will describe
the solid waste practices that your facility will undertake to reduce
the amount of hospital, medical, and infectious waste that is disposed
of in your incinerator. Your plan must be developed under guidance
provided by the American Hospital Association publication, An Ounce of
Prevention: Waste Reduction Strategies for Health Care Facilities,
1993. (40 CFR 60.35e; 62 FR 48380).
7. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits. (40 CFR 60.37e and
60.8; 62 FR 48380).
8. You must install and maintain devices to monitor the parameters
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
9. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years (40 CFR 60.38e; 62 FR 48381).
10. You must report to the Utah Department of Environmental Quality
the results of your initial performance test, the values for your site-
specific operating parameters, and your waste management plan. This
information must be reported within 60 days following your initial
performance test, and must be signed by the facilities manager (40 CFR
60.38e; 62 FR 48381).
11. You must submit a complete Title V operating permit application
to the Utah Department of Environmental Quality no later than September
15, 2000.
12. In general, you must comply with all the requirements of this
State Plan within one year after we approve it; however, there are
provisions to extend your compliance date (40 CFR 60.39e; 62 FR 48381).
The criteria for requesting an extension of your compliance date, and
the milestones that you would be required to meet, are explained in
R307-222-3 and the Utah State Plan. You may petition the Executive
Secretary of the Utah Department of Environmental Quality to extend
your compliance date to a date as late as three years after we approve
this Utah State Plan, but no later than September 15, 2002.
If you decide to shut down your incinerator, you must do so within
one year of our approval of this State Plan, unless you petition the
Executive Secretary for a later date in accordance with the provisions
of the State Plan and R307-222-3.
VIII. What Does the Wyoming State Plan Contain?
Wyoming adopted the Federal NSPS and EG requirements into the
Wyoming Air Quality Standards and Regulations (WAQSR), Chapter 4,
section 5. The Wyoming State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan. The State did not, however, submit evidence
of authority to regulate existing HMIWI in Indian Country as defined in
18 U.S.C. 1151. Therefore, EPA is not approving this State Plan as it
relates to those sources.
2. State rules adopted into WAQSR Chapter 4, section 5, as the
mechanism for implementing the emission guidelines.
3. An inventory of thirty-four known designated facilities, along
with estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of three years after EPA approval of the State
Plan but not later than September 15, 2002.
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
A. Why Is the Wyoming HMIWI State Plan Approvable?
EPA compared the Wyoming rules (WAQSR Chapter 4, section 5) against
our HMIWI EG. EPA finds the Wyoming rules to be at least as protective
as the EG. The Wyoming State Plan was
[[Page 38738]]
reviewed for approval with respect to the following criteria: 40 CFR
60.23 through 60.26, Subpart B--Adoption and Submittal of State Plans
for Designated Facilities; and, 40 CFR 60.30e through 60.39e, Subpart
Ce--Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The Wyoming State Plan satisfies the
requirements for an approvable section 111(d) plan under subparts B and
Ce of 40 CFR part 60. For these reasons, we are approving the Wyoming
HMIWI State Plan.
B. Is My HMIWI Subject to Wyoming's Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion and does not qualify
for exemption under 40 CFR 60.32e (b)-(h) (WAQSR Ch. 4, sec. 5(b)(ii)-
(ix)), you are subject to these regulations.
C. What Steps Do I Need To Take?
First, you will need to decide whether you will continue to operate
your incinerator and comply with the requirements of the Wyoming State
Plan, or whether you will shut down your incinerator.
If you decide to continue operating your incinerator, Wyoming's
State Plan requires that you comply with all requirements within one
year after EPA approval of the State Plan, unless you petition the
Administrator of the Wyoming Air Quality Division for a later
compliance date. Wyoming also incorporated the requirements contained
in 40 CFR part 60, subpart Ce which contains additional compliance time
requirements. You must meet the requirements listed in WAQS&R Ch. 4,
sec. 5, summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. Determine if your incinerator qualifies for treatment as a small
rural incinerator (40 CFR 60.33e(b), 60.36e, 60.37e(d), and 60.38e(b);
62 FR 48380, September 15, 1997).
3. You must meet the emission limits established for your
incinerator's size category. See Table 1 of 40 CFR part 60, subpart Ce
to determine the specific emission limits which apply to you. (40 CFR
60.33e; 62 FR 48382, September 15, 1997).
4. You must meet a 10% opacity limit on your incinerator's
discharge, averaged over a six-minute block (40 CFR 60.33e(c); 62 FR
48380, September 15, 1997).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c) (40 CFR 60.34e; 62
FR 48380). Your operator must be certified no later than one year after
we approve the Wyoming State Plan (40 CFR 60.39e(e); 62 FR 48382).
6. You must develop a waste management plan, and submit it to the
Wyoming Department of Environmental Quality no later than one year
after we approve this State Plan. Your waste management plan will
describe the solid waste practices that your facility will undertake to
reduce the amount of hospital, medical, and infectious waste that is
disposed of in your incinerator. Your plan must be developed under
guidance provided by the American Hospital Association publication, An
Ounce of Prevention: Waste Reduction Strategies for Health Care
Facilities, 1993 (40 CFR 60.35e; 62 FR 48380).
7. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits (40 CFR 60.37e and
60.8; 62 FR 48380).
8. You must install and maintain devices to monitor the parameters
listed under Table 3 to subpart Ec (40 CFR 60.37e(c); 62 FR 48381).
9. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years (40 CFR 60.38e; 62 FR 48381).
10. You must report to the Wyoming Department of Environmental
Quality the results of your initial performance test, the values for
your site-specific operating parameters, and your waste management
plan. This information must be reported within 60 days following your
initial performance test, and must be signed by the facilities manager
(40 CFR 60.38e; 62 FR 48381).
11. You must submit a complete Title V operating permit application
to the Wyoming Department of Environmental Quality no later than
September 15, 2000.
12. In general, you must comply with all the requirements of this
State Plan within one year after we approve it; however, there are
provisions to extend your compliance date (40 CFR 60.39e; 62 FR 48381).
The criteria for requesting an extension of your compliance date, and
the milestones that you would be required to meet, are explained in
WAQSR Ch. 4, sec. 5(i) and the Wyoming State Plan. You may petition the
Administrator of the Wyoming Air Quality Division to extend your
compliance date to a date as late as three years after we approve this
Wyoming State Plan, but no later than September 15, 2002.
If you decide to shut down your incinerator, you must do so within
one year of our approval of this State Plan, or by September 15, 2000,
whichever occurs first (WAQSR Ch. 4, sec. 5(i)(i)).
IX. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
B. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant action under Executive Order 12866.
C. Executive Order 13084
Under Executive Order 13084 (63 FR 27655, May 10, 1998), EPA may
not issue a regulation that is not required by statute, that
significantly affects or uniquely affects the communities of Indian
tribal governments, and that imposes substantial direct compliance
costs on those communities, unless the Federal government provides the
funds necessary to pay the direct compliance costs incurred by the
tribal governments, or EPA consults with those governments. If EPA
complies by consulting, Executive Order 13084 requires EPA to provide
to the Office of Management and Budget, in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation with representatives of affected tribal
governments, a summary of the nature of their concerns, and a statement
supporting the need to issue the regulation. In addition, Executive
Order 13084 requires EPA to develop an effective process permitting
[[Page 38739]]
elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.''
Today's rule implements requirements specifically set forth by the
Congress in sections 111 and 129 of the Clean Air Act, as amended in
1990, without the exercise of any discretion by EPA. This action does
not significantly or uniquely affect the communities of Indian tribal
governments. This action does not involve or impose any requirements
that affect Indian Tribes. Accordingly, the requirements of section
3(b) of Executive Order 13084 do not apply to this rule.
D. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
Pursuant to section 605(b) of the RFA, I certify that this rule
will not have a significant economic impact on a substantial number of
small entities. This Federal action approves pre-existing requirements
under State law and imposes no new requirements on any entity affected
by this rule, including small entities. Therefore, these amendments
will not have a significant impact on a substantial number of small
entities.
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.
H. National Technology Transfer and Advancement Act
In reviewing 111(d)/129 plan submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the Clean Air
Act. In this context, in the absence of a prior existing requirement
for the State to use voluntary consensus standards (VCS), EPA has no
authority to disapprove a 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan submission that otherwise satisfies the provisions of the
Clean Air Act. Thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 21, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Hospital/medical/infectious waste incineration,
Intergovernmental relations, Reporting and recordkeeping requirements.
[[Page 38740]]
Dated: June 2, 2000.
Rebecca W. Hanmer,
Acting Regional Administrator, Region VIII.
40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671.
Subpart G--Colorado
2. Add a new undesignated center heading and Secs. 62.1360,
62.1361, and 62.1362 to subpart G to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.1360 Identification of plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation in part A of Colorado
Regulation No. 6, submitted by the State on December 22, 1998 and
October 4, 1999.
Sec. 62.1361 Identification of sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
Sec. 62.1362 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is August 21,
2000.
* * * * *
Subpart BB--Montana
3. Add a new undesignated center heading and Secs. 62.6610,
62.6611, and 62.6612 to subpart BB to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.6610 Identification of plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation in sections
17.8.302(1)(k) and 17.8.340 of the Administrative Rules of Montana,
submitted by the State on January 19, 1999.
Sec. 62.6611 Identification of sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
Sec. 62.6612 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is August 21,
2000.
* * * * *
Subpart QQ--South Dakota
4. Add a new undesignated center heading and Secs. 62.10360,
62.10361, and 62.10362 to subpart QQ to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.10360 Identification of plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation, chapter 74:36:07
section 74:36:07:06.01 of the Administrative Rules of South Dakota,
submitted by the State on February 7, 2000.
Sec. 62.10361 Identification of sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, Subpart Ce.
Sec. 62.10362 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is August 21,
2000.
Subpart TT--Utah
5. Add a new undesignated center heading and Secs. 62.11120,
62.11121, and 62.11122 to subpart TT to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.11120 Identification of plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation R307-220-3 and R307-
222 of the Utah Air Conservation Regulations, submitted by the State on
March 2, 1999 and October 25, 1999.
Sec. 62.11121 Identification of sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
Sec. 62.11122 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is August 21,
2000.
* * * * *
Subpart ZZ--Wyoming
6. Add a new undesignated center heading and Secs. 62.12610,
62.12611, and 62.12612 to subpart ZZ to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.12610 Identification of plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation, Chapter 4, section 5,
of the Wyoming Air Quality Standards and Regulations, submitted by the
State on September 7, 1999 and November 9, 1999.
Sec. 62.12611 Identification of sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
Sec. 62.12612 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is August 21,
2000.
[FR Doc. 00-15292 Filed 6-21-00; 8:45 am]
BILLING CODE 6560-50-P