
[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Proposed Rules]
[Pages 24272-24299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9093]



[[Page 24271]]

Vol. 77

Monday,

No. 78

April 23, 2012

Part II





Environmental Protection Agency





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40 CFR Parts 60 and 62





Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed on or Before December 1, 2008 and Standards of 
Performance for New Stationary Sources; Proposed Rule

  Federal Register / Vol. 77 , No. 78 / Monday, April 23, 2012 / 
Proposed Rules  

[[Page 24272]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 62

[EPA-HQ-OAR-2011-0405 and EPA-HQ-OAR-2006-0534; FRL-9660-1]
RIN 2060-AR11


Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed on or Before December 1, 2008 and Standards of 
Performance for New Stationary Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On October 6, 2009, the EPA adopted amendments to the 
September 15, 1997, new source performance standards and emissions 
guidelines for hospital/medical/infectious waste incinerators. The 
amendments were developed in response to the March 2, 1999, remand of 
the 1997 hospital/medical/infectious waste incinerators regulations by 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court), which requested further explanation of the EPA's reasoning in 
determining the minimum regulatory emission standards for new and 
existing hospital/medical/infectious waste incinerators. Today's action 
proposes amendments to the hospital/medical/infectious waste 
incinerators federal plan to implement the amended emission guidelines 
adopted on October 6, 2009, for those states that do not have an 
approved revised/new state plan implementing the emission guidelines, 
as amended, in place by October 6, 2011. Today's action also proposes 
to amend the new source performance standards to better reflect our 
original intent in the October 6, 2009, final rule in eliminating an 
exemption during startup, shutdown and malfunction periods from the 
requirement to comply with standards at all times.

DATES: Comments. Comments must be received on or before June 7, 2012. 
Because of the need to revise the hospital/medical/infectious waste 
incinerators (HMIWI) federal plan in a timely manner, the EPA does not 
expect to grant requests for extensions beyond this date.
    Public Hearing. If anyone contacts the EPA by May 3, 2012 
requesting to speak at a public hearing, the EPA will hold a public 
hearing on May 8, 2012.

ADDRESSES: Submit your comments on the federal plan requirements 
proposed rule, identified by Docket ID No. EPA-HQ-OAR-2011-0405, by one 
of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: Send your comments via electronic mail to a-and-r-Docketa@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2011-0405.
     Facsimile: Fax your comments to (202) 566-9744, Attention 
Docket ID No. EPA-HQ-OAR-2011-0405.
     Mail: Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2011-0405. Please include a total of two copies. We request that a 
separate copy also be sent to the contact person identified below (see 
FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Deliver your comments to: EPA Docket Center 
(EPA/DC), EPA West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2011-0405. 
Such deliveries are accepted only during the normal hours of operation 
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays) and special arrangements should be made for deliveries of 
boxed information.
    Submit your comments on the new source performance standards (NSPS) 
final rule amendments, identified by Docket ID No. EPA-HQ-OAR-2006-
0534, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: Send your comments via electronic mail to a-and-r-Docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2006-0534.
     Facsimile: Fax your comments to (202) 566-9744, Attention 
Docket ID No. EPA-HQ-OAR-2006-0534.
     Mail: Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2006-0534. Please include a total of two copies. We request that a 
separate copy also be sent to the contact person identified below (see 
FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Deliver your comments to: EPA Docket Center 
(EPA/DC), EPA West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2006-0534. 
Such deliveries are accepted only during the normal hours of operation 
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays) and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments on the federal plan requirements 
proposed rule to Docket ID No. EPA-HQ-OAR-2011-0405. Direct your 
comments on the NSPS final rule amendments to Docket ID No. EPA-HQ-OAR-
2006-0534. The EPA's policy is that all comments received will be 
included in the public docket and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through www.regulations.gov, 
your email address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, the EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If the 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, the EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption and be free of any defects or viruses.
    Public Hearing: If a public hearing is held, it will be held at the 
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC, or an alternate site nearby. Contact Ms. Joan Rogers at (919) 
541-4487, to request a hearing, to request to speak at a public 
hearing, to determine if a hearing will be held or to determine the 
hearing location. If no one contacts the EPA requesting to speak at a 
public hearing concerning this proposed rule by May 3, 2012, the 
hearing will be cancelled without further notice.
    Docket: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2011-0405 and Legacy Docket ID No. A-98-24. 
The EPA has established a docket for the HMIWI rules under Docket ID 
No. EPA-HQ-OAR-2006-0534 and Legacy

[[Page 24273]]

Docket ID No. A-91-61. All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically at www.regulations.gov or in hard copy at the EPA Docket 
Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and 
Incineration Group, Sector Policies and Programs Division (E143-05), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-0964; fax number: (919) 541-3470; 
email address: hambrick.amy@epa.gov.

SUPPLEMENTARY INFORMATION: 

Organization of This Document

    The following outline is provided to aid in locating information in 
this preamble.

I. General Information
    A. Does the proposed action apply to me?
    B. What should I consider as I prepare my comments?
II. Background Information
    A. What is the regulatory development background for this 
proposed rule?
    B. What is the purpose of this proposed rule?
    C. What is the status of state plan submittals?
III. Affected Facilities
    A. What is a HMIWI?
    B. Does the federal plan apply to me?
    C. How do I determine if my HMIWI is covered by an approved and 
effective state plan?
IV. Elements of the HMIWI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected HMIWI
    C. Inventory of Emissions
    D. Emissions Limits
    E. Compliance Schedules
    F. Waste Management Plan Requirements
    G. Testing, Monitoring, Recordkeeping and Reporting Requirements
    H. Operator Training and Qualification Requirements
    I. Record of Public Hearings
    J. Progress Reports
V. Summary of Proposed Amendments to HMIWI Federal Plan
    A. What are the proposed amendments to applicability?
    B. What are the proposed amendments to the emissions limits?
    C. What are the proposed amendments to the waste management plan 
requirements?
    D. What are the proposed amendments to the inspection 
requirements?
    E. What are the proposed amendments to the performance testing 
and monitoring requirements?
    F. What are the proposed amendments to the recordkeeping and 
reporting requirements?
    G. What are the proposed amendments to the compliance schedule?
    H. What are the other proposed amendments?
VI. Summary of Proposed Amendments to HMIWI New Source Performance 
Standards
    A. What are the proposed amendments to the emissions limits?
VII. HMIWI That Have or Will Shutdown
    A. Units That Plan To Close Rather Than Comply
    B. Inoperable Units
    C. HMIWI That Have Shutdown
VIII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
IX. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
X. Statutory and Executive Order Reviews
    A. Executive Orders 12866 and 13563: Regulatory Planning and 
Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice (EJ) in Minority Populations and Low-Income 
Populations

    A redline version of the federal plan regulatory language that 
incorporates the changes in this action is available in the docket.

I. General Information

A. Does the proposed action apply to me?

    Regulated Entities. If you own or operate an existing HMIWI and are 
not already subject to an EPA-approved and effective state plan 
implementing the October 6, 2009, revised emission guidelines (EG), you 
may be covered by this proposed action. Existing HMIWI are those that 
commenced construction on or before December 1, 2008, or commenced 
modification on or before April 6, 2010. Regulated categories and 
entities include those listed in the following table.

------------------------------------------------------------------------
                                                   Examples of regulated
           Category                NAICS * code           entities
------------------------------------------------------------------------
Industry......................  622110, 622310,    Private hospitals,
                                 325411, 325412,    other health care
                                 562213, 611310.    facilities,
                                                    commercial research
                                                    laboratories,
                                                    commercial waste
                                                    disposal companies,
                                                    private
                                                    universities.
Federal Government............  622110, 541710,    Federal hospitals,
                                 928110.            other health care
                                                    facilities, public
                                                    health service,
                                                    armed services.
State/local/tribal Government.  622110, 562213,    State/local
                                 611310.            hospitals, other
                                                    health care
                                                    facilities, state/
                                                    local waste disposal
                                                    services, state
                                                    universities.
------------------------------------------------------------------------
* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by the 
proposed action. To determine whether your facility would be affected 
by the proposed action, you should examine the applicability criteria 
in Sec.  62.14400 of subpart HHH. If you have any questions regarding 
the applicability of the proposed action to a particular entity, 
contact the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit information that you consider to be CBI 
electronically through www.regulations.gov or email. Send or deliver 
information identified

[[Page 24274]]

as CBI to only the following address: Ms. Amy Hambrick, c/o OAQPS 
Document Control Officer (Room C404-02), U.S. EPA, Research Triangle 
Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2011-0405. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI on a disk or CD-ROM that you mail to the EPA, mark the outside of 
the disk or CD-ROM as CBI and then identify electronically within the 
disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information marked as CBI will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions. The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified in the preceding section titled DATES.
3. Docket
    The docket number for the proposed action regarding the HMIWI 
federal plan (40 CFR part 62, subpart HHH) is Docket ID No. EPA-HQ-OAR-
2011-0405.
    The docket number for the proposed action regarding the NSPS (40 
CFR part 60, subpart Ec) is Docket ID No. EPA-HQ-2006-0534.
4. Worldwide Web (WWW)
    In addition to being available in the docket, an electronic copy of 
the proposed action and final rule amendments is available on the WWW 
through the Technology Transfer Network Web site (TTN Web). Following 
signature, the EPA posted a copy of the proposed action and final rule 
amendments on the TTN's policy and guidance page for newly proposed or 
promulgated rules at www.epa.gov/ttn/oarpg. The TTN provides 
information and technology exchange in various areas of air pollution 
control.

II. Background Information

A. What is the regulatory development background for this proposed 
rule?

    Section 129 of the Clean Air Act (CAA) requires the EPA to develop 
NSPS and EG for ``units combusting hospital waste, medical waste and 
infectious waste.'' On September 15, 1997, the EPA promulgated NSPS for 
new HMIWI, codified at 40 CFR part 60 subpart Ec, and EG for existing 
HMIWI, codified at 40 CFR part 60 subpart Ce. (See 62 FR 48348.) The 
NSPS and EG were designed to reduce air pollution emitted from these 
HMIWI, including cadmium (Cd), carbon monoxide (CO), dioxins/furans 
(total, or 2,3,7,8-Tetrachlorodibenzo-p-Dioxin toxic equivalent (TEQ)), 
hydrogen chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides 
(NOX), opacity, particulate matter (PM) and sulfur dioxide 
(SO2). The 1997 NSPS applied to HMIWI for which construction 
began after June 20, 1996, and required compliance within 6 months 
after startup or by March 16, 1998, whichever date was later. The 1997 
EG applied to HMIWI for which construction began on or before June 20, 
1996, and required compliance no later than September 15, 2002.
    On March 2, 1999, in Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 
1999), the U.S. Court of Appeals for the DC Circuit remanded the rule 
to the EPA for further explanation regarding how the EPA derived the 
maximum achievable control technology (MACT) emissions standards for 
HMIWI. The Court did not vacate the regulations and the regulations 
remained in effect during the remand.
    On July 6, 1999, the EPA proposed the federal plan requirements for 
HMIWI units constructed on or before June 20, 1996 (64 FR 36426). The 
federal plan covered existing HMIWI located in states that did not have 
an approved state plan. Furthermore, the federal plan would implement 
and enforce the EG in Indian country until tribes receive approval to 
administer their own programs. On August 15, 2000, the EPA promulgated 
the federal plan requirements for HMIWI units constructed on or before 
June 20, 1996 (65 FR 49868). The 1997 HMIWI rules were fully 
implemented by September 2002.
    On February 6, 2007, the EPA proposed a response to the HMIWI 
remand. (See 72 FR 5510.) The proposed response would have revised some 
of the emissions limits in the NSPS and EG. In addition to responding 
to the Court's remand, the EPA also proposed its first 5-year review of 
the HMIWI standards. Every 5 years after adopting a MACT standard under 
section 129, CAA section 129(a)(5) requires the EPA to review and, if 
appropriate, revise the incinerator standards.
    On December 1, 2008, the EPA reproposed its response to the Court's 
remand and 5-year review (73 FR 72962). The EPA's decision to repropose 
its response to the remand was based on a number of factors, including 
further rulings by the Court that were issued after the 2007 proposal 
was published. In addition, public comments regarding the 2007 proposal 
raised issues that, upon further consideration, the EPA believed would 
best be addressed through a reproposal. In response to public comments 
on the 2008 reproposal, the EPA further revised the standards and, on 
October 6, 2009, published final revisions to the September 1997 NSPS 
and EG to respond to the remand and satisfy the 5-year review 
requirement under CAA section 129(a)(5) (74 FR 51367). On April 4, 
2011, the EPA promulgated amendments to the NSPS and EG, correcting 
inadvertent drafting errors in the NOX and SO2 
emissions limits for large HMIWI in the NSPS, which did not correspond 
to our description of our standard-setting process, correcting 
erroneous cross-references in the reporting and recordkeeping 
requirements in the NSPS, clarifying that compliance with the EG must 
be expeditious if a compliance extension is granted, correcting the 
inadvertent omission of delegation of authority provisions in the EG, 
correcting errors in the units' description for several emissions 
limits in the EG and NSPS and removing extraneous text from the HCl 
emissions limit for large HMIWI in the EG (76 FR 18407).

B. What is the purpose of this proposed rule?

    Section 129 of the CAA relies upon states as the preferred 
implementers of

[[Page 24275]]

EG for existing HMIWI. To make the HMIWI EG enforceable, states with 
existing HMIWI are to submit to the EPA within 1 year following 
promulgation of the EG state plans that implement and enforce the 
amended EG. For states that do not have an EPA-approved and effective 
plan, the EPA must develop and implement a federal plan within 2 years 
following promulgation of the EG. The federal plan is an interim 
measure to ensure that emissions standards are implemented until states 
assume their role as the preferred implementers of the EG. States 
without any existing HMIWI are directed to submit to the Administrator 
a letter of negative declaration certifying that there are no HMIWI in 
the state. No plan is required for states that do not have any HMIWI. 
Hospital/medical/infectious waste incinerators located in states that 
mistakenly submit a letter of negative declaration would be subject to 
the federal plan until a state plan becomes approved and effective 
covering those HMIWI.
    State plans to implement the EG adopted on September 15, 1997, are 
already in place and the EPA adopted a HMIWI federal plan on August 15, 
2000, (65 FR 49868) to implement the September 15, 1997, EG for those 
HMIWI not covered by an approved state plan. Revised or new state plans 
to implement the amended EG adopted on October 6, 2009, are currently 
undergoing EPA review. The deadline for submitting revised/new state 
plans for EPA review was October 6, 2010.
    Today's action proposes amendments to the HMIWI federal plan to 
implement the amended EG adopted on October 6, 2009, for those states 
that did not have an approved revised/new state plan in place by 
October 6, 2011. Sections 111 and 129 of the CAA and 40 CFR 60.27(c) 
and (d) require the EPA to develop, implement and enforce a federal 
plan to cover existing HMIWI located in states that do not have an 
approved plan within 2 years after promulgation of the EG (by October 
6, 2011). The EPA is proposing amendments to the HMIWI federal plan now 
so that a promulgated federal plan will go into place for any such 
states, thus ensuring implementation and enforcement of the amended 
HMIWI EG.
    The amended EG adopted on October 6, 2009, required improvements in 
performance for 50 of the then operating 57 units.\1\ Incineration of 
hospital/medical/infectious waste causes the release of a wide array of 
air pollutants, some of which exist in the waste feed material and are 
released unchanged during combustion, and some of which are generated 
as a result of the combustion process itself. EPA estimated that a 
total emissions reduction of 393,000 pounds per year of the regulated 
pollutants, of which acid gases (i.e., hydrogen chloride and sulfur 
dioxide) comprise about 62 percent, particulate matter about 0.8 
percent, carbon monoxide about 0.3 percent, nitrogen oxides about 37 
percent, and metals (i.e., lead, cadmium, and mercury) and dioxins/
furans about 0.2 percent. EPA also estimated that air pollution control 
devices that would be installed to comply with the 2009 rule would also 
effectively reduce emissions of pollutants such as polycyclic organic 
matter (POM) and polychlorinated biphenyls (PCBs). The 2009 final 
rule's revised waste management plan provisions encourage segregation 
of types of waste that lead to such emissions, such as chlorinated 
plastics and PCB-containing wastes.
---------------------------------------------------------------------------

    \1\ See 74 FR 51371-51375, 51396-51399, and 51399-51400 to 
reference the regulatory background, summary of final rule changes, 
and impacts of the amended EG adopted on October 6, 2009.
---------------------------------------------------------------------------

C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, as amended, 42 U.S.C. 
7411(d) and 7429(b)(3), authorize the EPA to develop and implement a 
federal plan for HMIWI located in states with no approved and effective 
state plan. The status of the state plans are outlined in the below 
table.

                          Status of State Plans
------------------------------------------------------------------------
                 Status                               States
------------------------------------------------------------------------
I. States with EPA-Approved State Plans  Florida.
II. Anticipated States to Submit         New York; Puerto Rico;
 Negative Declarations to the EPA.        Pennsylvania; Mississippi; New
                                          Mexico-City of Albuquerque;
                                          Oklahoma; South Dakota;
                                          District of Columbia.
III. Negative Declaration Submitted/EPA  Maine; Massachusetts; Vermont;
 Approved.                                Delaware; Virginia; Jefferson
                                          County (Birmingham), Alabama;
                                          Kentucky; Jefferson County
                                          (Louisville), Kentucky;
                                          Forsyth County (Winston-
                                          Salem), North Carolina;
                                          Buncombe County (Asheville),
                                          North Carolina; South
                                          Carolina; Philadelphia County;
                                          New Hampshire; Rhode Island.
IV. Final State Plans Submitted to the   North Dakota.
 EPA.
V. Draft States Plans Submitted to the   Maryland; West Virginia.
 EPA.
VI. States for which the EPA has not     Pennsylvania; Alabama;
 received a draft or final plan or        Huntsville, Alabama; North
 negative declaration.                    Carolina; Mecklenburg County
                                          (Charlotte), North Carolina;
                                          Georgia; Tennessee; Illinois;
                                          Indiana; Arkansas; Louisiana;
                                          Texas; Iowa; Kansas; Missouri;
                                          Nebraska; Colorado; Montana;
                                          Arizona; Maricopa County,
                                          Arizona; Pima County, Arizona;
                                          Pinal County, Arizona;
                                          California; Hawaii; Nevada;
                                          American Samoa; Guam; Alaska;
                                          Idaho; Oregon; Washington.
VII. Anticipated States to Accept        Connecticut; New Jersey; Virgin
 Delegation of Federal Plan.              Islands; Allegheny County,
                                          Pennsylvania; Michigan;
                                          Minnesota; Ohio; Wisconsin.
------------------------------------------------------------------------

    The preamble of the final federal plan will list states that have 
an EPA-approved plan in effect on the date the final federal plan is 
signed by the EPA Administrator. As Regional Offices approve state 
plans, they will also, in the same action, amend the appropriate 
subpart of 40 CFR part 62 to codify their approvals.
    The EPA will maintain a list of revised/new state plan submittals 
and approvals on the TTN Air Toxics Web site at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html. The list will help HMIWI owners or 
operators determine whether their HMIWI is affected by a state plan or 
the federal plan.
    Hospital/medical/infectious waste incinerator owners and operators 
can also contact the EPA Regional Office for the state in which their 
HMIWI is

[[Page 24276]]

located to determine whether there is an approved and effective 
revised/new state plan in place. The following table lists the names, 
email addresses and telephone numbers of the EPA Regional Office 
contacts and the states and protectorates that they cover.

                                            Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
                                                                                                States and
              Region                       Regional contact                Phone              protectorates
----------------------------------------------------------------------------------------------------------------
Region I..........................  Ian Cohen, cohen.ian@epa.gov.  (617) 918-1655......  Connecticut,
                                                                                          Massachusetts, Maine,
                                                                                          New Hampshire, Rhode
                                                                                          Island, Vermont.
Region II.........................  Ted Gardella,                  (212) 637-3892......  New York, New Jersey,
                                     gardella.anthony@epa.gov.                            Puerto Rico, Virgin
                                                                                          Islands.
Region III........................  Mike Gordon,                   (215) 814-2039......  Virginia, Delaware,
                                     gordon.mike@epa.gov.                                 District of Columbia,
                                                                                          Maryland,
                                                                                          Pennsylvania, West
                                                                                          Virginia.
Region IV.........................  Donnette Sturdivant,           Sturdivant: (404)     Florida, Georgia, North
                                     sturdivant.donnette@epa.gov.   562-9431.             Carolina,
                                    Daniel Garver,                 Garver: (404) 562-     Alabama, Kentucky,
                                     garver.daniel@epa.gov.         9839.                 Mississippi, South
                                                                                          Carolina, Tennessee.
Region V..........................  Margaret Sieffert,             (312) 353-1151......  Minnesota, Wisconsin,
                                     sieffert.margaret@epa.gov.                           Illinois, Indiana,
                                                                                          Michigan, Ohio.
Region VI.........................  Steve Thompson,                (214) 665-2769......  Arkansas, Louisiana,
                                     thompson.steve@epa.gov.                              New Mexico, Oklahoma,
                                                                                          Texas.
Region VII........................  Lisa Hanlon,                   (913) 551-7599......  Iowa, Kansas, Missouri,
                                     hanlon.lisa@epa.gov.                                 Nebraska.
Region VIII.......................  Christopher Razzazian,         (303) 312-6648......  Colorado, Montana,
                                     razzazian.christopher@epa.go                         North Dakota, South
                                     v                                                    Dakota, Utah, Wyoming.
Region IX.........................  Joseph Lapka,                  (415) 947-4226......  Arizona, California,
                                     lapka.joseph@epa.gov.                                Hawaii, Nevada,
                                                                                          American Samoa, Guam,
                                                                                          Northern Mariana
                                                                                          Islands.
Region X..........................  Heather Valdez,                (206) 553-6220......  Alaska, Idaho, Oregon,
                                     valdez.heather@epa.gov.                              Washington.
----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a HMIWI?

    The term ``HMIWI'' means any device that combusts any amount of 
hospital waste and/or medical/infectious waste, as defined in 40 CFR 
part 62, subpart HHH. Six types of combustion units, which are listed 
in Sec.  62.14400 of subpart HHH, are conditionally exempt from 
specific provisions of the currently promulgated 2000 federal plan and 
would continue to be so under today's proposed amended federal plan.

B. Does the federal plan apply to me?

    The amended federal plan would apply to you if you are the owner or 
operator of a combustion device that combusts hospital waste and/or 
medical/infectious waste (as defined in subpart HHH) and the device is 
not covered by an approved and effective state plan as of October 6, 
2011. The federal plan would cover your HMIWI until the EPA approves a 
state plan that covers your HMIWI and that plan becomes effective.
    If you began the construction of your HMIWI on or before December 
1, 2008, or began modification of your HMIWI on or before April 6, 
2010, it would be considered an existing HMIWI and could be subject to 
the federal plan. If you began the construction of your HMIWI after 
December 1, 2008, or began modification of your HMIWI after April 6, 
2010, it would be considered a new HMIWI and would be subject to the 
NSPS.
    Your existing HMIWI would be subject to this federal plan, if on 
the effective date of the amended federal plan, the EPA has not 
approved the revised/new state plan implementing the amended EG that 
covers your unit or the EPA-approved state plan has not become 
effective. The specific applicability of the currently promulgated 
federal plan is described in 40 CFR 62.14400 through 62.14403 of 
subpart HHH, and would continue to apply, as amended, under the 
proposed revised federal plan. The amended federal plan would become 
effective 30 days after final promulgation of these amendments.
    Once an approved revised/new state plan is in effect, the amended 
federal plan would no longer apply to HMIWI covered by such plan. An 
approved state plan is a plan developed by a state that the EPA has 
reviewed and approved based on the requirements in 40 CFR part 60, 
subpart B, to implement and enforce 40 CFR part 60, subpart Ce. The 
state plan is effective on the date specified in the notice published 
in the Federal Register announcing the EPA's approval of the plan.
    The EPA's promulgation of an amended HMIWI federal plan will not 
preclude states from submitting a plan. If a state submits a plan after 
the promulgation of amendments to the HMIWI federal plan, the EPA will 
review and approve or disapprove the state plan. If the EPA approves a 
plan, then the amended HMIWI federal plan would no longer apply to 
HMIWI covered by the state plan as of the effective date of the state 
plan. If a HMIWI were overlooked by a state and the state submitted a 
negative declaration letter, or if an individual HMIWI were not covered 
by an approved and effective state plan, the HMIWI would be subject to 
this amended federal plan.

C. How do I determine if my HMIWI is covered by an approved and 
effective state plan?

    Part 62 of Title 40 of the CFR identifies the status of approval 
and promulgation of section 111(d) and section 129 state plans for 
designated facilities in each state. However, part 62 is updated only 
once per year. Thus, if part 62 does not indicate that your state has 
an approved and effective plan, you should contact your state 
environmental agency's air director or your EPA Regional Office (see 
table in section II.C of this preamble) to determine if approval 
occurred since publication of the most recent version of part 62.

IV. Elements of the Current HMIWI Federal Plan

    The EPA is not proposing amendments to several elements of the 
existing federal plan. For other elements, we are proposing amendments, 
to reflect the amended EG. The basic elements of the federal plan 
include: (1) Identification of legal authority and mechanisms for 
implementation; (2) inventory of HMIWI; (3) emissions inventory; (4)

[[Page 24277]]

emissions limits; (5) compliance schedules; (6) public hearing; (7) 
testing, monitoring, recordkeeping and reporting; (8) waste management 
plan; (9) operator training and qualification; and (10) progress 
reporting. See 40 CFR part 62 subparts HHH and sections 111 and 129 of 
the CAA. For each element discussed below, we explain to what extent we 
are proposing to amend the current federal plan requirements.

A. Legal Authority and Enforcement Mechanism

    Section 301(a) of the CAA provides the EPA with broad authority to 
write regulations that carry out the functions of the CAA. Sections 
111(d) and 129(b)(3) of the CAA direct the EPA to develop a federal 
plan for states that do not submit approvable state plans. Sections 111 
and 129 of the CAA provide the EPA with the authority to implement and 
enforce the federal plan in cases where the state fails to submit a 
satisfactory state plan. Section 129(b)(3) of the CAA requires the EPA 
to develop, implement and enforce a federal plan within 2 years after 
the date the relevant EG are promulgated (by October 6, 2011, for the 
2009 HMIWI EG). Compliance with the EG cannot be later than 5 years 
after the relevant EG are promulgated (by October 6, 2014, for the 2009 
HMIWI EG). Today's action is not proposing any changes to this element.

B. Inventory of Affected HMIWI

    The federal plan, as currently promulgated, includes an inventory 
of HMIWI affected by the EG. (See 40 CFR 62.14402.) Today's proposed 
amendments to the federal plan will also include in Docket No. EPA-HQ-
OAR-2011-0405 an inventory of the HMIWI that may potentially be covered 
by these amendments in the absence of approved state plans. This 
revised inventory contains 53 HMIWI in 21 states. It is based on 
information collected from EPA Regions, states, HMIWI facilities; and 
review of existing HMIWI inventories, Title V permits, emissions test 
reports and facility Web sites. The EPA recognizes that this list may 
not be complete. Therefore, sources potentially subject to this 
proposed amended federal plan may include, but are not limited to, the 
HMIWI listed in Docket No. EPA-HQ-OAR-2011-0405. Any HMIWI that meets 
the applicability criteria in the proposed amended federal plan rule 
would be subject to the amended federal plan, regardless of whether it 
is listed in the inventory. States or individuals are invited to 
identify additional sources for inclusion to the list during the 
comment period for this proposal.

C. Inventory of Emissions

    The federal plan, as currently promulgated, includes an emissions 
estimate for HMIWI subject to the EG. The pollutants inventoried are 
Cd, CO, dioxins/furans, HCl, Pb, Hg, PM, NOX and 
SO2. For this proposal, the EPA has estimated the emissions 
from each known HMIWI that potentially may be covered by the proposed 
amended federal plan for the nine pollutants regulated by the EG and 
covered by the proposed revised federal plan.
    The emissions inventory is based on available information about the 
HMIWI, emissions factors and typical emissions rates developed for 
calculating nationwide air impacts of the amended EG and the amended 
federal plan. Refer to the inventory memorandum in Docket No. EPA-HQ-
OAR-2011-0405 for the complete updated emissions inventory and details 
on the emissions calculations associated with today's proposal.

D. Emissions Limits

    As the current federal plan contains emissions limits that 
correspond to the 1997 HMIWI rule, today's proposed amended federal 
plan includes emissions limits that correspond to those in the 2009 EG. 
(See 40 CFR 62.14410-62.14413.) Section 129(b)(2) of the CAA requires 
these emissions limits to be ``at least as protective as'' those in the 
EG. The emissions limits in these proposed amendments to the HMIWI 
federal plan are the same as those contained in the 2009 amended EG but 
also include the PM emissions limits for medium HMIWI and HCl emissions 
limits for small HMIWI that were previously subject to the 1997 NSPS 
but are now subject to the amended EG. These two emissions limits are 
more stringent than the corresponding EG emissions limits. We include 
these limits because HMIWI units that were regulated as new sources 
under the 1997 NSPS would be treated as existing sources under the 2009 
EG, but would need to continue to comply with the 1997 NSPS limits 
where those are more stringent than the 2009 EG limits. (See proposed 
revised Table 1 to subpart HHH.) Section V.B of this preamble discusses 
the amended emissions limits.

E. Compliance Schedules

    Increments of progress are required for HMIWI that need more than 1 
year from state plan approval to comply, or in the case of the federal 
plan, more than 1 year after promulgation of the final amended federal 
plan. (See 40 CFR 62.14470-62.14472.) Increments of progress are 
included to ensure that each HMIWI needing more time to comply is 
making progress toward meeting the emissions limits.
    For HMIWI that need more than 1 year to comply, the proposed 
amended federal plan includes in its compliance schedule the same five 
increments of progress from 40 CFR 62.14470(b)(2). The proposed amended 
federal plan includes defined and enforceable dates for completion of 
each increment. These increments of progress are: (1) Submit final 
control plan; (2) award contracts for control systems or process 
modifications or orders for purchase of components; (3) begin on-site 
construction or installation of the air pollution control device(s) or 
process changes; (4) complete on-site construction or installation of 
the air pollution control device(s) or process changes; and (5) final 
compliance.

F. Waste Management Plan Requirements

    The current federal plan includes a waste management plan which is 
a written plan that identifies both the feasibility and the methods 
used to reduce or separate certain components of solid waste from the 
waste stream to reduce or eliminate toxic emissions from incinerated 
waste. (See 40 CFR 62.14430-62.14432.) Today's proposed amendments to 
the federal plan include this element and require that the waste 
management plan must be submitted no later than the date 60 days after 
the initial compliance demonstration. This date is 240 days after the 
final compliance date.

G. Testing, Monitoring, Recordkeeping and Reporting Requirements

    The current federal plan includes testing, monitoring, 
recordkeeping and reporting requirements. (See 40 CFR 62.14440-
62.14465.) Today's proposed amendments update these requirements to 
correspond with the 2009 EG. Testing, monitoring, recordkeeping and 
reporting requirements are consistent with 40 CFR part 62 subpart HHH 
and assure initial and ongoing compliance.

H. Operator Training and Qualification Requirements

    The current federal plan requires that the owner or operator must 
qualify operators or their supervisors (at least one per facility) by 
ensuring that they complete an operator training course and annual 
review or refresher course. (See 40 CFR 62.14420-62.14425.) Today's 
proposed amended federal plan also contains operator training and

[[Page 24278]]

qualification requirements that correspond to the 2009 EG; no changes 
are proposed to this element.

I. Record of Public Hearings

    As the current federal plan provided the opportunity for public 
hearings, today's proposed amended federal plan provides opportunity 
for public participation in adopting the plan. If requested to do so, 
the EPA will hold a public hearing in Research Triangle Park, NC. A 
record of the public hearing, if any, will appear in Docket No. EPA-HQ-
OAR-2011-0405. If a public hearing is requested and held, the EPA will 
ask clarifying questions during the oral presentation but will not 
respond to the presentations or comments. Written statements and 
supporting information submitted during the public comment period will 
be considered with equivalent weight as any oral statement and 
supporting information subsequently presented at a public hearing, if 
held.

J. Progress Reports

    As under the current federal plan, today's amendments request that 
the EPA Regional Offices prepare annual progress reports to show the 
progress of HMIWI toward implementation of the EG. States that have 
been delegated the authority to implement and enforce this federal plan 
would be required to submit annual progress reports to the appropriate 
EPA Regional Office.
    Each progress report must include the following items: (1) Status 
of enforcement actions; (2) status of increments of progress; (3) 
identification of sources that have shutdown or started operation; (4) 
emissions inventory data for sources that were not in operation at the 
time of plan development but that began operation during the reporting 
period; (5) additional data as necessary to update previously submitted 
source and emissions information; and (6) copies of technical reports 
on any performance testing and monitoring.

V. Summary of Today's Proposed Amendments to HMIWI Federal Plan

    Each amended plan element is described below as it relates to the 
elements outlined above in the current HMIWI federal plan. The table 
below lists each amended element and identifies where it is located or 
codified.

------------------------------------------------------------------------
   Element of the HMIWI federal plan                 Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3), 111(d),
 mechanism.                               301(a), and 301(d)(4) of the
                                          CAA.
Inventory of affected HMIWI units......  Docket EPA-HQ-OAR-2011-0405.
Inventory of emissions.................  Docket EPA-HQ-OAR-2011-0405.
Emissions limits.......................  40 CFR 62.14410-62.14413.
Compliance schedules...................  40 CFR 62.14470-62.14472.
Operator training and qualification....  40 CFR 62.14420-62.14425.
Waste management plan..................  40 CFR 62.14430-62.14432.
Record of public hearings..............  Docket EPA-HQ-OAR-2011-0405.
Testing, monitoring, recordkeeping and   40 CFR 62.14440-62.14465.
 reporting.
Progress reports.......................  Section IV.J of this preamble.
------------------------------------------------------------------------

A. What are the proposed amendments to applicability?

    Hospital/medical/infectious waste incinerators were treated 
differently under the 2009 amended EG than they were under the 1997 EG 
in terms of whether they are ``existing'' or ``new'' sources. The 2009 
amended EG included new dates defining what are ``existing'' and 
``new'' sources for purposes of the revised NSPS and EG. All HMIWI that 
complied with the 1997 EG (i.e., those units for which construction 
commenced on or before June 20, 1996, or for which modification 
commenced on or before March 16, 1998) were still considered 
``existing'' sources under the 2009 amended EG and are required to meet 
the emissions limits under the amended EG by the applicable compliance 
date for the amended EG. All HMIWI that complied with the 1997 NSPS 
(i.e., those units for which construction commenced after June 20, 
1996, but no later than December 1, 2008, or for which modification 
commenced after March 16, 1998, but no later than April 6, 2010) were 
also considered ``existing'' sources under the amended EG. Those HMIWI 
are required to meet the emissions limits under the amended EG by the 
applicable compliance date for the amended EG, except where the 
corresponding 1997 NSPS is more stringent, in which case the HMIWI are 
to continue to comply with that 1997 NSPS. In the interim, those 1997 
NSPS sources that must meet the amended EG must continue to be subject 
to the NSPS as promulgated in 1997 until the date for compliance with 
the revised EG. Those units for which construction commenced after the 
December 1, 2008, HMIWI proposal, or for which modification commenced 
on or after April 6, 2010, are considered ``new'' units subject to more 
stringent revised NSPS emissions limits.
    Today's action proposes to incorporate these changes to the 
applicability into the HMIWI federal plan. No other amendments are 
being proposed for the other applicability provisions in the federal 
plan (i.e., exemptions for incinerators burning pathological, low-level 
radioactive, and/or chemotherapeutic waste; co-fired combustors; 
combustors with permits under section 3005 of the Solid Waste Disposal 
Act; certain municipal waste combustors; pyrolysis units; and cement 
kilns firing hospital waste and/or medical/infectious waste).

B. What are the proposed amendments to the emissions limits?

    As noted in section II.A of this preamble, on October 6, 2009, the 
EPA published final amendments to the September 15, 1997, NSPS and EG 
in response to a Court remand of the 1997 regulations and to satisfy 
the 5-year review requirement under CAA section 129(a)(5).
    The EPA's response to the remand and 5-year review resulted in a 
revision to all of the emissions limits in the EG. Today's action 
proposes to incorporate the amended EG emissions limits into the 
existing HMIWI federal plan. Table 1 of this preamble summarizes the 
amended EG emissions limits promulgated to respond to the remand and 
fulfill the EPA's 5-year review obligation.

 Table 1--Summary of EG Emissions Limits Promulgated in Response to the
                        Remand for Existing HMIWI
------------------------------------------------------------------------
                                                                 Final
         Pollutant (units)                 Unit size\1\        limit \2\
------------------------------------------------------------------------
HCl (ppmv).........................  L......................      6.6
                                     M......................      7.7
                                     S......................     44
                                     SR.....................    810
CO (ppmv)..........................  L......................     11

[[Page 24279]]

 
                                     M......................      5.5
                                     S,SR...................     20
Pb (mg/dscm).......................  L......................      0.036
                                     M......................      0.018
                                     S......................      0.31
                                     SR.....................      0.50
Cd (mg/dscm).......................  L......................      0.0092
                                     M......................      0.013
                                     S......................      0.017
                                     SR.....................      0.11
Hg (mg/dscm).......................  L......................      0.018
                                     M......................      0.025
                                     S......................      0.014
                                     SR.....................      0.0051
PM (gr/dscf).......................  L......................      0.011
                                     M......................      0.020
                                     S......................      0.029
                                     SR.....................      0.038
Dioxins/furans, total (ng/dscm)....  L......................      9.3
                                     M......................      0.85
                                     S......................     16
                                     SR.....................    240
Dioxins/furans, TEQ (ng/dscm)......  L......................      0.054
                                     M......................      0.020
                                     S......................      0.013
                                     SR.....................      5.1
NOX (ppmv).........................  L......................    140
                                     M, S...................    190
                                     SR.....................    130
SO2 (ppmv).........................  L......................      9.0
                                     M, S...................      4.2
                                     SR.....................     55
Opacity (%)........................  L, M, S, SR............      6.0
------------------------------------------------------------------------
\1\ L = Large (>500 lb/hr of waste); M = Medium (>200 to <=500 lb/hr of
  waste); S = Small (<=200 lb/hr of waste); SR = Small rural (small
  HMIWI >50 miles from boundary of nearest SMSA, burning <2,000 lb/wk of
  waste).
\2\ All emissions limits are reported as corrected to 7 percent oxygen.

    The 2009 amended EG removed provisions from the 1997 standards at 
40 CFR 60.56c and 60.37e that exempted HMIWI from the standards during 
periods of startup, shutdown and malfunction (SSM) provided that no 
hospital waste or medical/infectious waste was being changed to the 
unit during those SSM periods. The 2009 EG requires that the emissions 
limits as listed above in Table 1, regardless of a SSM event, be met at 
all times. However, in one provision of the NSPS, section 60.56c(d)(2), 
the EPA inadvertently failed to delete a SSM exemption we had intended 
to eliminate, and to better reflect the EPA's intent in the 2009 final 
rule, today's action also amends that section of the NSPS to remove the 
accidentally retained SSM exemption. Please see section VI. of this 
preamble, which further discusses the amendment of the NSPS. Today's 
action also proposes to remove the SSM exemption from the 2000 federal 
plan at 40 CFR 62.14413, and proposes that the emissions limits apply 
at all times, for the same reasons.
    As noted in the previous section, the 2009 amended EG specified 
that those HMIWI that previously complied with the 1997 NSPS would have 
to meet the emissions limits under the 2009 amended EG or the 1997 
NSPS, whichever was more stringent. In two cases, the HCl emissions 
limit for small HMIWI and the PM emissions limit for medium HMIWI, the 
1997 NSPS limits are more stringent than the 2009 amended EG limits, so 
those HMIWI that previously complied with the 1997 NSPS would continue 
to comply with the more stringent 1997 NSPS limits. Specifically, they 
would have to meet the 1997 NSPS HCl emissions limit of 15 parts per 
million by volume (ppmv) (at 7 percent oxygen) for small HMIWI and the 
1997 NSPS PM limit of 0.015 grains per dry standard cubic foot (gr/
dscf) (at 7 percent oxygen) for medium HMIWI, in addition to the 2009 
EG emissions limits for the other pollutants. Today's action proposes 
to include these two 1997 NSPS emissions limits along with the 2009 
amended EG emissions limits in the HMIWI federal plan.
    Under the 1997 NSPS, new large HMIWI were required to demonstrate 
compliance with the 5 percent visible emissions limit for fugitive 
emissions generated during ash handling, by conducting annual 
performance tests using EPA Method 22. As discussed in section V.E.1 
below, the 2009 amendments to the EG expanded this requirement to 
include all HMIWI, but only as an initial test requirement. As a 
result, under the amended EG, all HMIWI were made subject to the same 5 
percent visible emissions limit. Today's action proposes to include 
this visible emissions limit for existing HMIWI in the HMIWI federal 
plan.
    To provide greater clarity, the 2009 amendments to the EG also 
included averaging times and EPA reference test methods in the 
emissions limit tables for existing sources. It should be noted that 
the averaging times and EPA reference test methods added to the 
emissions limits tables were not new requirements but simply a 
restating of requirements presented elsewhere in the HMIWI regulations. 
Today's action proposes to add these additional columns to the 
emissions limits table in the HMIWI federal plan.

C. What are the proposed amendments to the waste management plan 
requirements?

    Under the HMIWI EG promulgated on September 15, 1997, and HMIWI 
federal plan promulgated on August 15, 2000, existing HMIWI were 
required to submit a written plan that identified both the feasibility 
and methods used to reduce or separate certain components of solid 
waste from the waste stream to reduce or eliminate toxic emissions from 
incinerated waste.
    Commenters on the December 1, 2008, reproposal of the HMIWI EG 
amendments recommended that the EPA minimize or eliminate from the 
HMIWI waste stream any plastic wastes, Hg and other hazardous wastes 
(e.g., Hg-containing dental waste, Hg-containing devices), 
pharmaceuticals and confidential documents and other paper products 
that could be shredded and recycled. One commenter recommended that the 
EPA take action to regulate emissions of polychlorinated biphenyls and 
polycyclic organic matter from HMIWI. Some commenters recommended that 
the EPA require commercial HMIWI to provide training and education to 
their customers regarding waste segregation and make incinerator 
operators responsible for the waste in their possession.
    To address the various commenters' concerns, the waste management 
plan provisions in the HMIWI regulations were revised to promote the 
segregation of the aforementioned wastes and specify that commercial 
facilities train and educate their clients to conduct their own waste 
segregation. Today's action proposes to incorporate these revisions 
into the HMIWI federal plan.

D. What are the proposed amendments to the inspection requirements?

    Under the 1997 EG and 2000 federal plan, existing small rural HMIWI 
were required to conduct annual equipment inspections to compensate for 
the lack of annual emissions testing at those sources. The inspections 
included the incinerator, air pollution control device (if any) and 
monitoring equipment. For the 2009 amendments to the EG, the EPA 
expanded annual air pollution control device inspections to the other 
HMIWI to allow those sources to demonstrate that their air pollution 
control devices are operating sufficiently well to allow compliance 
with the tighter emissions limits under the amended EG. Today's action 
proposes to incorporate this additional requirement into the HMIWI 
federal plan.

[[Page 24280]]

E. What are the proposed amendments to the performance testing and 
monitoring requirements?

    The following paragraphs list a number of additional testing and 
monitoring requirements in the 2009 amendments to the EG that are 
proposed to be incorporated into the HMIWI federal plan in today's 
action.
1. Performance Testing
    The 1997 EG and 2000 federal plan required existing large, medium 
and small non-rural HMIWI to conduct initial performance tests for Cd, 
CO, dioxins/furans, HCl, Pb, Hg, opacity and PM and annual performance 
tests for CO, HCl, opacity and PM. (An owner or operator could conduct 
less frequent testing if the facility demonstrated that it was in 
compliance with the emissions limits for 3 consecutive performance 
tests.) The 2009 amendments to the EG added the requirement that all 
HMIWI conduct initial performance tests for NOX and 
SO2 to demonstrate initial compliance with the revised 
emissions limits for those pollutants.
    Under the 1997 EG and 2000 federal plan, small rural HMIWI were 
only required to conduct initial performance tests for CO, dioxins/
furans, Hg, opacity and PM, and annual performance tests for opacity. 
Under the 2009 amendments to the EG, small rural HMIWI were required to 
also conduct initial performance tests for the other five regulated 
pollutants (Cd, HCl, Pb, NOX and SO2) and also 
conduct annual performance tests for CO, HCl and PM.
    Under the 1997 NSPS, new large HMIWI were subject to a 5 percent 
visible emissions limit for fugitive emissions generated during ash 
handling. To demonstrate compliance with this emissions limit, new 
large HMIWI were required to conduct annual performance tests for 
fugitive emissions from ash handling using EPA Method 22. In the 2009 
amendments to the EG, the EPA extended this minimal testing requirement 
to the other HMIWI, but only as an initial test requirement, to 
determine whether fugitive ash emissions are a concern from these 
sources. Existing HMIWI would be required to measure fugitive ash 
emissions during their next performance test.
    In order to reduce the burden of complying with the additional 
testing requirements in the 2009 amendments to the EG, sources were 
allowed to use results of their previous emissions tests to demonstrate 
initial compliance with the revised emissions limits as long as the 
sources certify that the previous test results are representative of 
current operations. Only those sources who could not so certify and/or 
whose previous emissions tests do not demonstrate compliance with one 
or more revised emissions limits would be required to conduct another 
emissions test for those pollutants. (Note that most sources were 
already required under the 1997 EG to test for CO, HCl, opacity and PM 
on an annual basis and those annual tests are still required.)
    To provide HMIWI with greater flexibility in demonstrating 
compliance, the 2009 amendments to the EG also incorporated by 
reference two alternatives to EPA reference test methods American 
Society of Mechanical Engineers (ASME) PTC 19.10-1981 and American 
Society for Testing and Materials (ASTM) D6784-02)), discussed further 
in section IX.I of this preamble.
2. Monitoring
    Monitoring of operating parameters can be used to indicate whether 
air pollution control equipment and practices are functioning properly 
to minimize air pollution. The 1997 HMIWI EG and 2000 federal plan 
included the following parameter monitoring requirements for good 
combustion, wet scrubbers and dry scrubbers with fabric filters (FFs):
     If using a dry scrubber followed by a FF to comply with 
the emissions limits, continuously monitor charge rate, FF inlet 
temperature, flue gas temperature, secondary chamber temperature and 
sorbent flow rates for dioxin/furan, HCl and Hg sorbents.
     If using a wet scrubber to comply with the emissions 
limits, continuously monitor charge rate, flue gas temperature, 
secondary chamber temperature, pressure drop across the wet scrubber 
(or horsepower or amperage), scrubber liquor flow rate and scrubber 
liquor pH.
     If using a dry scrubber followed by a FF and wet scrubber, 
continuously monitor all of the aforementioned parameters.
     If using something other than the aforementioned air 
pollution control devices to comply with the emissions limits, petition 
the Administrator for other site-specific operating parameters to be 
established during the initial performance test and continuously 
monitored thereafter.
    In the 2009 amendments to the EG, the EPA kept these parameter 
monitoring requirements and added a parameter requirement for those 
HMIWI expected to install selective noncatalytic reduction (SNCR) 
systems in order to comply with the more stringent NOX 
limits in the 2009 EG. Those HMIWI installing SNCR technology to comply 
with the NOX emissions limit were required to continuously 
monitor the charge rate, secondary chamber temperature and reagent 
(e.g., ammonia or urea) flow rate.
    Since the 1997 EG, bag leak detectors have been shown to be an 
effective method for demonstrating continuous compliance for sources 
equipped with FFs. Although the 2009 amendments to the EG did not 
require existing HMIWI equipped with FFs to install bag leak detectors, 
use of bag leak detectors was presented as an option for these HMIWI.
    The most direct means of monitoring compliance with emissions 
limits is the use of continuous emissions monitoring systems (CEMS) to 
measure the emissions of a pollutant on a continuous basis. In addition 
to CEMS, sorbent trap biweekly monitoring systems for Hg and dioxins/
furans are also available. Although the 2009 amendments to the EG did 
not require CO, HCl, PM, Hg or multi-metal CEMS or sorbent trap 
biweekly Hg and dioxin/furan monitoring systems for existing HMIWI, 
such systems were presented as alternative monitoring requirements in 
lieu of annual testing for all sources.
3. Electronic Data Submittal
    The EPA must have performance test data to conduct effective 5-year 
reviews of CAA section 129 standards, as well as for many other 
purposes, including compliance determinations, development of emissions 
factors and determining annual emissions rates. In conducting 5-year 
reviews, the EPA has found it ineffective and time-consuming, not only 
for us, but also for regulatory agencies and source owners and 
operators, to locate, collect, and submit performance test data because 
of varied locations for data storage and varied data storage methods. 
In recent years, though, stack testing firms have typically collected 
performance test data in electronic format, making it possible to move 
to an electronic data submittal system that would increase the ease and 
efficiency of data submittal and improve data accessibility.
    In the 2009 amendments to the EG, to improve data accessibility, we 
gave HMIWI the option of submitting to an EPA electronic database an 
electronic copy of annual stack test reports. Data entry would be 
through an electronic emissions test report structure used by the staff 
as part of the emissions testing project. The electronic reporting tool 
(ERT) was developed with input from stack testing companies who 
generally collect and compile performance test data electronically. The 
ERT is currently available and access to direct data

[[Page 24281]]

submittal to the EPA's electronic emissions database (WebFIRE).\2\
---------------------------------------------------------------------------

    \2\ See http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main, 
http://www.epa.gov/ttn/chief/ert/ert_tool.html.
---------------------------------------------------------------------------

    The option to submit source test data electronically to the EPA 
would not require any additional performance testing. In addition, when 
a facility elects to submit performance test data to WebFIRE, there 
would be no additional requirements for data compilation. Further 
discussion of the benefits of using electronic data submittal is 
provided in the preamble to the October 6, 2009, amendments. (See 74 FR 
51373-4.)
    The electronic database that would be used is the EPA's WebFIRE, 
which is a Web site accessible through the EPA's TTN. The WebFIRE Web 
site was constructed to store emissions test data for use in developing 
emissions factors. A description of the WebFIRE database can be found 
at http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main. The ERT 
would be able to transmit the electronic report which would be 
submitted using the Compliance and Emissions Data Reporting Interface 
(CEDRI). The submitted report would be submitted through the EPA's 
Central Data Exchange (CDX) network for storage in the WebFIRE database 
making submittal of data very straightforward and easy. A description 
of the ERT can be found at http://www.epa.gov/ttn/chief/ert/ert_tool.html and CEDRI can be accessed through the CDX Web site 
(www.epa.gov/cdx). The ERT can be used to document stack tests data for 
those performance tests conducted using test methods that will be 
supported by the ERT. The ERT contains a specific electronic data entry 
form for most of the commonly used EPA reference methods. A listing of 
the pollutants and test methods supported by the ERT is available at 
http://www.epa.gov/ttn/chief/ert/index.html. We believe that industry 
would benefit from this option of electronic data submittal. Having 
these data, EPA would be able to develop improved emission factors, 
make fewer information requests, and promulgate better regulations.
    One major advantage of the option to submit performance test data 
through the ERT is a standardized method to compile and store much of 
the documentation required to be reported by this rule. Another 
advantage is that the ERT clearly states what testing information would 
be required. Another important proposed benefit of submitting these 
data to EPA at the time the source test is conducted is that it should 
substantially reduce the effort involved in data collection activities 
in the future. When EPA has performance test data in hand, there will 
likely be fewer or less substantial data collection requests in 
conjunction with prospective required residual risk assessments or 
technology reviews. This would result in a reduced burden on both 
affected facilities (in terms of reduced manpower to respond to data 
collection requests) and EPA (in terms of preparing and distributing 
data collection requests and assessing the results).
    State, local, and tribal agencies could also benefit from more 
streamlined and accurate review of electronic data submitted to them. 
The ERT would allow for an electronic review process rather than a 
manual data assessment making review and evaluation of the source 
provided data and calculations easier and more efficient. Finally, 
another benefit of the proposed data submittal to WebFIRE 
electronically is that these data would greatly improve the overall 
quality of existing and new emissions factors by supplementing the pool 
of emissions test data for establishing emissions factors and by 
ensuring that the factors are more representative of current industry 
operational procedures. A common complaint heard from industry and 
regulators is that emission factors are outdated or not representative 
of a particular source category. With timely receipt and incorporation 
of data from most performance tests, EPA would be able to ensure that 
emission factors, when updated, represent the most current range of 
operational practices. In summary, in addition to supporting regulation 
development, control strategy development, and other air pollution 
control activities, having an electronic database populated with 
performance test data would save industry, state, local, tribal 
agencies, and EPA significant time, money, and effort while also 
improving the quality of emission inventories and, as a result, air 
quality regulations.

F. What are the proposed amendments to recordkeeping and reporting 
requirements?

    The following paragraphs list a number of additional recordkeeping 
and reporting requirements in the 2009 amendments to the EG, that would 
be incorporated into the HMIWI federal plan in today's proposed 
amendments.
1. Recordkeeping
    The 1997 EG and 2000 federal plan required owners and operators to 
maintain for 5 years records of opacity and emissions measurements, 
operating parameters, equipment inspections and maintenance (small 
rural units only), deviations, initial performance tests and all 
subsequent performance tests, operator training and qualification and 
calibration of monitoring devices.
    The 2009 amendments to the EG added the requirement that owners and 
operators maintain records of the amount and type of NOX 
reagent used, records of the annual air pollution control device 
inspections (including any maintenance), and a description, included 
with each test report, of how operating parameters were established 
during the initial performance test and re-established during 
subsequent performance tests.
2. Reporting
    Under the 1997 EG and 2000 federal plan, owners and operators were 
required to submit the results of the initial performance tests and all 
subsequent performance tests, values for the operating parameters, 
waste management plan, equipment inspections and maintenance (small 
rural units only) and annual compliance reports and semiannual reports 
of any deviations from the emissions limits.
    The 2009 amendments to the EG added requirements for existing HMIWI 
to submit, along with each test report, a description of how operating 
parameters were established or re-established and submit records of 
annual air pollution control device inspections (including any 
maintenance).

G. What are the proposed amendments to the compliance schedule?

    Similar to the approach of the 2000 HMIWI federal plan, as 
described in section IV.J. ``Progress Reports,'' today's proposed 
revised federal plan requires owners or operators of HMIWI to either: 
(1) Come into compliance with the plan within 1 year after the plan is 
promulgated; or (2) meet increments of progress and come into 
compliance by October 6, 2014. Increments of progress are necessary in 
order to ensure that HMIWI needing more time to comply are making 
progress toward meeting the emissions limits. The amended federal plan, 
as proposed, includes as its compliance schedule the same five 
increments of progress from 40 CFR 62.14470(b)(2), along with defined 
and enforceable dates for completion of each increment.
    The HMIWI owner or operator is responsible for meeting each of the 
five increments of progress for each HMIWI no later than the applicable 
compliance date. The owner or operator must notify

[[Page 24282]]

the EPA as each increment of progress is achieved, as well as when any 
is missed. The notification must identify the increment and the date 
the increment is achieved (or missed). If an owner or operator misses 
an increment deadline, the owner or operator must also notify the EPA 
when the increment is finally achieved. The owner or operator must mail 
the notification to the applicable EPA Regional Office within 10 
business days after the increment date defined in the amended federal 
plan. (See the table under section II.C. of this document for a list of 
Regional Offices.)
    The definition of each increment of progress, along with its 
required completion date, follows.
    Submit Final Control Plan. To meet this increment, the owner or 
operator of each HMIWI must submit a plan that describes, at a minimum, 
the air pollution control device and/or process changes that will be 
employed so that each HMIWI complies with the emissions limits and 
other requirements. A final control plan is not required for units that 
will be shutdown. Completion date: October 6, 2012.
    Award Contract. To award a contract means the HMIWI owner or 
operator enters into legally binding agreements or contractual 
obligations that cannot be canceled or modified without substantial 
financial loss to the owner or operator. The EPA anticipates that the 
owner or operator may award a number of contracts to complete the 
retrofit. To meet this increment of progress, the HMIWI owner or 
operator must award a contract or contracts to initiate on-site 
construction, to initiate on-site installation of air pollution control 
devices, and/or to incorporate process changes. The owner or operator 
must mail a copy of the signed contract(s) to the EPA within 10 
business days of entering the contract(s). Completion date: May 6, 
2013.
    Begin On-site Construction. To begin on-site construction, 
installation of air pollution control devices or process change means 
to begin any of the following:
    (1) Installation of an air pollution control device in order to 
comply with the final emissions limits as outlined in the final control 
plan;
    (2) Physical preparation necessary for the installation of an air 
pollution control device in order to comply with the final emissions 
limits as outlined in the final control plan;
    (3) Alteration of an existing air pollution control device in order 
to comply with the final emissions limits as outlined in the final 
control plan;
    (4) Alteration of the waste combustion process to accommodate 
installation of an air pollution control device in order to comply with 
the final emissions limits as outlined in the final control plan; or
    (5) Process changes identified in the final control plan in order 
to meet the emissions standards. Completion date: January 6, 2014.
    Complete On-site Construction. To complete on-site construction 
means that all necessary air pollution control devices or process 
changes identified in the final control plan are in place, on-site and 
ready for operation on the HMIWI. Completion date: August 6, 2014.
    Final Compliance. To be in final compliance means to incorporate 
all process changes or complete retrofit construction in accordance 
with the final control plan and to connect the air pollution control 
equipment or process changes such that, if the HMIWI is brought online, 
all necessary process changes or air pollution control equipment will 
operate as designed. Completion date: October 6, 2014.
    If a HMIWI does not achieve final compliance by October 6, 2014, 
the amended federal plan, as proposed, requires the HMIWI to shutdown 
by October 6, 2014, complete the retrofit while not operating and be in 
compliance upon restarting. Shutdown is necessary in order to avoid 
being out of compliance and subject to possible enforcement action.

H. What are the other proposed amendments?

1. Definitions
    For clarification, the 2009 amendments to the EG revised the 
definition of ``Minimum secondary chamber temperature'' to read 
``Minimum secondary chamber temperature means 90 percent of the highest 
3-hour average secondary chamber temperature (taken, at a minimum, once 
every minute) measured during the most recent performance test 
demonstrating compliance with the PM, CO, and dioxin/furan emissions 
limits.''
    To address the introduction of some new terms, the 2009 amendments 
to the EG added the following definitions:
     ``Bag leak detection system'' means ``an instrument that 
is capable of monitoring PM loadings in the exhaust of a fabric filter 
in order to detect bag failures,'' and examples of such a system were 
provided.
     ``Commercial HMIWI'' means ``a HMIWI which offers 
incineration services for hospital/medical/infectious waste generated 
offsite by firms unrelated to the firm that owns the HMIWI.''
     ``Minimum reagent flow rate'' means ``90 percent of the 
highest 3-hour average reagent flow rate at the inlet to the selective 
noncatalytic reduction technology (taken, at a minimum, once every 
minute) measured during the most recent performance test demonstrating 
compliance with the NOX emissions limit.''
    Today's action proposes to amend the HMIWI federal plan to include 
these revised and new definitions from the amended EG. Today's action 
also proposes to include a revised definition for ``modification or 
modified HMIWI'' to address the change in applicability for modified 
HMIWI under the amended federal plan.
2. Toxicity Equivalence Factors
    In a January 6, 2011, Federal Register notice, the EPA announced 
the availability of the final ``Recommended Toxicity Equivalence 
Factors (TEFs) for Human Health Risk Assessments of 2,3,7,8-
Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds'' (EPA/100/R-10/
005). Various stakeholders, inside and outside the EPA, had called for 
a more comprehensive characterization of risks, so the EPA re-examined 
the current recommended approach for applying the toxicity equivalence 
methodology. The EPA developed and revised, in response to public 
comments and recommendations from peer reviewers, the aforementioned 
guidance document to assist the EPA scientists in using this 
methodology and to inform the EPA decision makers, other agencies and 
the public about this methodology. The revised methodology includes the 
following changes to TEFs that HMIWI would use to determine compliance 
with the HMIWI dioxin/furan TEQ emissions limits:

----------------------------------------------------------------------------------------------------------------
                                                                           Toxicity equivalence factor
                                                                ------------------------------------------------
                     Dioxin/furan congener                                                   Today's proposed
                                                                  1997 EG/2000 federal    amendments to federal
                                                                          plan                     plan
----------------------------------------------------------------------------------------------------------------
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin....................                   0.5                     1

[[Page 24283]]

 
Octachlorinated dibenzo-p-dioxin...............................                   0.001                   0.0003
2,3,4,7,8-pentachlorinated dibenzofuran........................                   0.5                     0.3
1,2,3,7,8-pentachlorinated dibenzofuran........................                   0.05                    0.03
Octachlorinated dibenzofuran...................................                   0.001                   0.0003
----------------------------------------------------------------------------------------------------------------

    To incorporate these latest revisions to TEFs, we are proposing to 
amend Table 2 to subpart HHH in today's action.

VI. Summary of Proposed Amendments to HMIWI New Source Performance 
Standards

A. What are the proposed amendments to the emissions limits?

    The 2009 amended EG removed provisions from the 1997 standards at 
40 CFR 60.56c and 60.37e that exempted HMIWI from the standards during 
periods of startup, shutdown and malfunction (SSM) provided that no 
hospital waste or medical/infectious waste was being charged to the 
unit during those SSM periods. The 2009 EG requires that the emissions 
limits as listed above in Table 1, regardless of a SSM event, be met at 
all times. However, in one provision of the NSPS, section 60.56c(d)(2), 
the EPA inadvertently failed to delete a SSM exemption we had intended 
to eliminate, and to better reflect the EPA's intent in the 2009 final 
rule, today's action also proposes to amend that section of the NSPS to 
remove the accidentally retained SSM exemption. This action is 
necessary to make the NSPS continuously applicable, as required under 
CAA section 302(k) and under the U.S. Court of Appeals for the DC 
Circuit's 2008 Sierra Club v. EPA ruling. Our rationale for this 
amendment was presented in the Oct. 6. 2009 final rule, at 74 FR 51368, 
51375 and 51393-95 (Oct. 6, 2009), and we hereby incorporate by 
reference that rationale in order to complete the regulatory amendments 
we intended to make at the time. Today's action also proposes to remove 
the SSM exemption from the 2000 federal plan at 40 CFR 62.14413, and 
proposes that the emissions limits apply at all times, for the same 
reasons.

VII. HMIWI That Have or Will Shutdown

A. Units That Plan to Close Rather Than Comply

    The 2000 federal plan established that if you planned to 
permanently close your currently operating HMIWI, you must have done so 
by the date 1 year after publication of the final federal plan in the 
Federal Register. Today's proposed amended federal plan retains this 
provision so that if you plan to permanently close your currently 
operating HMIWI, you must do so by the date 1 year after publication of 
the final amended federal plan in the Federal Register. The proposed 
amendments will allow HMIWI owners or operators that are planning to 
shutdown the opportunity to petition the EPA for an extension beyond 
the 1-year compliance date (but no later than October 6, 2014). An 
example of a facility that might petition the EPA for such an extension 
is a facility installing an on-site alternative waste treatment 
technology. It is possible that installation cannot be completed within 
1 year and the facility has no feasible waste disposal options other 
than on-site incineration while the alternative technology is being 
installed. The requirements for a petition for an extension to shutdown 
under today's proposed federal plan will update the compliance date 
requirements set forth at Sec.  62.14471 of subpart HHH.
    If you continue to operate your HMIWI 1 year after publication of 
the final amendments to the federal plan in the Federal Register, then 
you must comply with the operator training and qualification 
requirements and the inspection requirements of the plan by the date 1 
year after publication of the final amendments. This requirement 
includes HMIWI that comply within 1 year, as well as those that have 
been granted an extension beyond the 1-year compliance date (i.e., 
HMIWI with extended retrofit schedules and HMIWI granted an extension 
to shutdown after the 1-year compliance date). In addition, while still 
in operation, you are subject to the same requirements for Title V 
operating permits that apply to units that will not shutdown.

B. Inoperable Units

    Retaining certain aspects of the 2000 federal plan, today's 
proposed revised federal plan includes that in cases where a HMIWI has 
already shutdown, has been rendered inoperable and does not intend to 
restart, the HMIWI may be left off the source inventory in a revised/
new state plan or this proposed amended federal plan. A HMIWI that has 
been rendered inoperable would not be covered by the amended federal 
plan. The HMIWI owner or operator may do one the following to render a 
HMIWI inoperable: (1) Weld the waste charge door shut, (2) remove stack 
(and by-pass stack, if applicable), (3) remove combustion air blowers, 
or (4) remove burners or fuel supply appurtenances.

C. HMIWI That Have Shutdown

    Retaining certain aspects of the 2000 federal plan, today's revised 
federal plan proposal includes any HMIWI that are known to have already 
shutdown (but are not known to be inoperable) in the source inventory. 
These HMIWI should be identified in any revised/new state plan 
submitted to the EPA.
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive HMIWI plans to restart 
before the final compliance date, the owner or operator must submit a 
control plan for the HMIWI and bring the HMIWI into compliance with the 
applicable compliance schedule. Final compliance is required for all 
pollutants and all HMIWI no later than the final compliance date.
2. Restarting After the Final Compliance Date
    Under this federal plan, as amended, a control plan is not needed 
for inactive HMIWI that restart after the final compliance date. 
However, before restarting, operators of these HMIWI would have to 
complete the operator training and qualification requirements and 
inspection requirements (if applicable) and complete retrofit or 
process modifications upon restarting. Performance testing to 
demonstrate compliance would be required within 180 days after 
restarting. There is no need to show that the increments of progress 
have been met since these steps would have occurred before restart 
while the HMIWI was shutdown and not generating emissions. A HMIWI that 
operates out of compliance after the final compliance date would be in

[[Page 24284]]

violation of the amended federal plan and subject to enforcement 
action.

VIII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to 
adopt EG that are applicable to existing solid waste incineration 
sources. These EG are not enforceable until the EPA approves a state 
plan or adopts a federal plan that implements and enforces them and the 
state or federal plan has become effective. As discussed above, the 
federal plan regulates HMIWI in states that do not have approved plans 
in effect to implement the amended EG.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with state and local agencies. 
(See section 101(a)(3) of the CAA.) Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the state and local agencies take the primary 
responsibility for ensuring that the emissions limitations and other 
requirements in the EG are achieved. Also, in section 111(d) of the 
CAA, Congress explicitly required that the EPA establish procedures 
that are similar to those under section 110(c) for state implementation 
plans. Although Congress required the EPA to propose and promulgate a 
federal plan for states that fail to submit approvable state plans on 
time, states may submit approvable revised/new plans after promulgation 
of the amended HMIWI federal plan. The EPA strongly encourages states 
that are unable to submit approvable revised/new plans to request 
delegation of the amended federal plan so that they can have primary 
responsibility for implementing the revised EG, consistent with the 
intent of Congress.
    Approved and effective revised/new state plans or delegation of the 
amended federal plan is the EPA's preferred outcome since the EPA 
believes that state and local agencies not only have the responsibility 
to carry out the revised EG but also have the practical knowledge and 
enforcement resources critical to achieving the highest rate of 
compliance. For these reasons, the EPA will do all that it can to 
expedite delegation of the amended federal plan to state and local 
agencies, whenever possible, in cases where states are unable to 
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

    As similarly described in the 2000 federal plan, if a state or 
tribe intends to take delegation of the amended federal plan, the state 
or tribe should submit to the appropriate EPA Regional Office a written 
request for delegation of authority. The state or tribe should explain 
how it meets the criteria for delegation. See generally ``Good 
Practices Manual for Delegation of NSPS and NESHAP'' (EPA, February 
1983). The letter requesting delegation of authority to implement the 
amended federal plan should: (1) Demonstrate that the state or tribe 
has adequate resources, as well as the legal and enforcement authority 
to administer and enforce the program, (2) include an inventory of 
affected HMIWI units, which includes those that have ceased operation 
but have not been dismantled, include an inventory of the affected 
units' air emissions and a provision for state progress reports to the 
EPA, (3) certify that a public hearing is held on the state delegation 
request, and (4) include a memorandum of agreement between the state or 
tribe and the EPA that sets forth the terms and conditions of the 
delegation, the effective date of the agreement and would serve as the 
mechanism to transfer authority. Upon signature of the agreement, the 
appropriate EPA Regional Office would publish an approval notice in the 
Federal Register, thereby incorporating the delegation of authority 
into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state or tribe, the EPA will 
implement the amended federal plan. Also, if a state or tribe fails to 
properly implement a delegated portion of the amended federal plan, the 
EPA will assume direct implementation and enforcement of that portion. 
The EPA will continue to hold enforcement authority along with the 
state or tribe even when a state or tribe has received delegation of 
the amended federal plan. In all cases where the amended federal plan 
is delegated, the EPA will retain and will not transfer authority to a 
state or tribe to approve the following items that include additional 
items to those listed in the 2000 federal plan as to correspond to 
those changes promulgated in the 2009 HMIWI rules:
    (1) Alternative site-specific operating parameters established by 
facilities using HMIWI controls other than a wet scrubber, dry scrubber 
followed by a FF, or dry scrubber followed by a FF and wet scrubber;
    (2) Alternative methods of demonstrating compliance, including the 
following methods outlined in the October 6, 2009, amendments to the 
HMIWI EG:
     Approval of CEMS for PM, HCl, multi-metals and Hg where 
used for purposes of demonstrating compliance;
     Approval of continuous automated sampling systems for 
dioxin/furan and Hg where used for purposes of demonstrating 
compliance; and
     Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring (added in 2009 
amended EG);
    (4) Waiver of recordkeeping requirements (added in 2009 amended 
EG); and
    (5) Performance test and data reduction waivers under 40 CFR 
60.8(b) (added in 2009 amended EG).
    Retaining what was established in the 2000 federal plan, today's 
proposed amended federal plan also specifies that hospital/medical/
infectious waste incinerator owners or operators who wish to establish 
alternative operating parameters, alternative methods of demonstrating 
compliance, major alternatives to monitoring, waiver of recordkeeping 
requirements or performance test and data reduction waivers should 
submit a request to the Regional Office Administrator with a copy to 
the appropriate state.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to state and local agencies: (1) The EPA approval of a revised/new 
state plan after the amended federal plan is in effect; and (2) if a 
state does not submit or obtain approval of its own revised/new plan, 
the EPA delegation to a state of the authority to implement certain 
portions of this amended federal plan to the extent appropriate and if 
allowed by state law. Both of these options are maintained from those 
which were first outlined in the 2000 federal plan, are described in 
more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
    After HMIWI in a state become subject to the amended federal plan, 
the state or local agency may still adopt and submit a revised/new plan 
to the EPA. If the EPA determines that the revised/new state plan is as 
protective as the revised EG, the EPA will approve the revised/new 
state plan. If the EPA determines that the plan is not as protective as 
the revised EG, the EPA will disapprove the plan and the HMIWI covered 
in the state plan would remain subject to the amended federal plan 
until a revised

[[Page 24285]]

state plan covering those HMIWI is approved and effective. Prior to 
disapproval, EPA will work with states to attempt to reconcile areas of 
the plan that remain not as protective as the revised EG.
    Upon the effective date of a revised/new state plan, the amended 
federal plan would no longer apply to HMIWI covered by such a plan and 
the state or local agency would implement and enforce the revised/new 
state plan in lieu of the amended federal plan. When an EPA Regional 
Office approves a revised/new state plan, it will amend the appropriate 
subpart of 40 CFR part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to state agencies the 
authority to implement this amended federal plan. As discussed above, 
the EPA believes that it is advantageous and the best use of resources 
for state or local agencies to agree to undertake, on the EPA's behalf, 
administrative and substantive roles in implementing the amended 
federal plan to the extent appropriate and where authorized by state 
law. If a state requests delegation, the EPA will generally delegate 
the entire amended federal plan to the state agency. These functions 
include administration and oversight of compliance reporting and 
recordkeeping requirements, HMIWI inspections and preparation of draft 
notices of violation but will not include any retained authorities. 
State agencies that have taken delegation, as well as the EPA, will 
have responsibility for bringing enforcement actions against sources 
violating federal plan provisions.

D. Implementing Authority

    The EPA Regional Administrators have been delegated the authority 
for implementing the HMIWI federal plan amendments. All reports 
required by these amendments to the federal plan should be submitted to 
the appropriate Regional Office Administrator. Section II.C. of this 
preamble includes a table that lists names and addresses of the EPA 
Regional Office contacts and the states they cover.

IX. Title V Operating Permits

    All existing HMIWI regulated under state or federal plans 
implementing the 1997 EG and any HMIWI that was regulated under the 
1997 NSPS should have already applied for and obtained Title V 
operating permits, as required under the EG. Title V operating permits 
assure compliance with all applicable federal requirements for HMIWI, 
including all applicable CAA section 129 requirements. (See 40 CFR 
70.2,70.6(a)(1), 71.2 and 71.6(a)(1).) Title V operating permits for 
the above-noted sources may, however, need to be reopened to 
incorporate the requirements of a revised/new state plan, this amended 
federal plan or more stringent NSPS requirements.
    For more background information on the interface between CAA 
section 129 and Title V, including the EPA's interpretation of CAA 
section 129(e), as well as information on submitting Title V permit 
applications, updating existing Title V permit applications and 
reopening existing Title V permits, see the final Federal Plan for 
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68 
FR 57518, 57532). See also the final Federal Plan for Hospital Medical 
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).
    Today's proposed revised federal plan maintains the 2000 federal 
plan approach, specifying that owners or operators of HMIWI that burn 
only pathological waste, low-level radioactive waste and/or 
chemotherapeutic waste and co-fired combustors, as defined in Sec.  
62.14490 of subpart HHH, must comply only with certain recordkeeping 
and reporting requirements set forth in today's proposed amended 
federal plan. (See Sec.  62.14400.) These HMIWI and co-fired combustors 
would not be subject to the emissions control-related requirements of 
the amended federal plan as long as they complied with the 
recordkeeping and reporting requirements set forth as conditions for 
their exemption. Consistent with the 2000 federal plan, owners and 
operators of these sources as listed above would not be required to 
obtain Title V operating permits as a matter of federal law if the only 
reason they would potentially be subject to Title V is these non-
emissions control-related recordkeeping and reporting requirements. 
(See Sec.  62.14480.) Originally explained in the 2000 federal plan, 
today's rule maintains that owners and operators of HMIWI that burn 
only pathological waste, low-level radioactive waste and/or 
chemotherapeutic waste and co-fired combustors that do not comply with 
the recordkeeping and reporting requirements necessary to qualify for 
exemption from the other requirements of the amended federal plan would 
become subject to those other requirements and would have to obtain 
Title V permits. Moreover as stated in the 2000 federal plan and again 
in today's proposal, if, in the future, the EPA promulgates regulations 
subjecting any of these sources to requirements other than these 
recordkeeping and reporting requirements, these sources could become 
subject to Title V at that time.

A. Title V and Delegation of a Federal Plan

    We have previously stated our position that issuance of a Title V 
permit is not equivalent to the approval of a state plan or delegation 
of a federal plan.\3\ Legally, delegation of a standard or requirement 
results in a delegated state or tribe standing in for the EPA as a 
matter of federal law. This means that obligations a source may have to 
the EPA under a federally promulgated standard become obligations to a 
state (except for functions that the EPA retains for itself) upon 
delegation.\4\ Although a state or tribe may have the authority under 
state or tribal law to incorporate section 111/129 requirements into 
its Title V permits, and implement and enforce these requirements in 
these permits without first taking delegation of the section 111/129 
federal plan, the state or tribe is not standing in for the EPA as a 
matter of federal law in this situation. Where a state or tribe does 
not take delegation of a section 111/129 federal plan, obligations that 
a source has to the EPA under the federal plan continue after a Title V 
permit is issued to the source. As a result, the EPA continues to 
maintain that an approved part 70 operating permits program cannot be 
used as a mechanism to transfer the authority to implement and enforce 
the federal plan from the EPA to a state or tribe. As mentioned above, 
a state or tribe may have the authority under state or tribal law to 
incorporate section 111/129 requirements into its Title V permits, and 
implement and enforce these requirements in that context without first 
taking delegation of the section 111/129 federal plan.\5\ Some

[[Page 24286]]

states or tribes, however, may not be able to implement and enforce a 
section 111/129 standard in a Title V permit until the section 111/129 
standard has been delegated. In these situations, a state or tribe 
should not issue a part 70 permit to a source subject to a federal plan 
before taking delegation of the section 111/129 federal plan. If a 
state or tribe can provide an Attorney General's (AG's) opinion 
delineating its authority to incorporate section 111/129 requirements 
into its Title V permits, and then implement and enforce these 
requirements through its Title V permits without first taking 
delegation of the requirements, then a state or tribe does not need to 
take delegation of the section 111/129 requirements for purposes of 
Title V permittin.\6\ In practical terms, without approval of a state 
or tribal plan, delegation of a federal plan, or an adequate AG's 
opinion, states and tribes with approved part 70 permitting programs 
open themselves up to potential questions regarding their authority to 
issue permits containing section 111/129 requirements and to assure 
compliance with these requirements. Such questions could lead to the 
issuance of a notice of deficiency for a state's or tribe's part 70 
program. As a result, prior to a state or tribal permitting authority 
drafting a part 70 permit for a source subject to a section 111/129 
federal plan, the state or tribe, the EPA Regional Office and source in 
question are advised to ensure that delegation of the relevant federal 
plan has taken place or that the permitting authority has provided to 
the EPA Regional Office an adequate AG's opinion. In addition, if a 
permitting authority chooses to rely on an AG's opinion and not take 
delegation of a federal plan, a section 111/129 source subject to the 
federal plan in that state must simultaneously submit to both the EPA 
and the state or tribe all reports required by the standard to be 
submitted to the EPA. Given that these reports are necessary to 
implement and enforce the section 111/129 requirements when they have 
been included in Title V permits, the permitting authority needs to 
receive these reports at the same time as the EPA. In the situation 
where a permitting authority chooses to rely on an AG's opinion and not 
take delegation of a federal plan, the EPA Regional Offices will be 
responsible for implementing and enforcing section 111/129 requirements 
outside of any Title V permits. Moreover, in this situation, the EPA 
Regional Offices will continue to be responsible for developing 
progress reports and conducting any other administrative functions 
required under this federal plan or any other section 111/129 federal 
plan. See the section IV.J. of this preamble titled ``Progress 
Reports''. It is important to note that the EPA is not using its 
authority under 40 CFR part 70.4(i)(3) to request that all states and 
tribes which do not take delegation of this federal plan submit 
supplemental AG's opinions at this time. However, the EPA Regional 
Offices shall request, and permitting authorities shall provide, such 
opinions when the EPA questions a state's or tribe's authority to 
incorporate section 111/129 requirements into a Title V permit and 
implement and enforce these requirements in that context without 
delegation.
---------------------------------------------------------------------------

    \3\ For the sake of brevity, the discussion from the proposed 
federal plan regarding Title V and delegation of a federal plan is 
not being repeated. See ``Title V and Delegation of a Federal Plan'' 
section of the proposed federal plan for CISWI, November 25, 2002 
(67 FR 70640, 70652). Nevertheless, the preamble language from this 
section in the proposed rule is hereby reaffirmed in this final 
rule.
    \4\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
    \5\ The EPA interprets the phrase ``assure compliance'' in 
section 502(b)(5)(A) to mean that permitting authorities will 
implement and enforce each applicable standard, regulation or 
requirement which must be included in the Title V permits the 
permitting authorities issue. See definition of ``applicable 
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 
70.6(a)(1).
    \6\ It is important to note that an AG's opinion submitted at 
the time of initial Title V program approval is sufficient if it 
demonstrates that a state or tribe has adequate authority to 
incorporate CAA section 111/129 requirements into its Title V 
permits and to implement and enforce these requirements through its 
Title V permits without delegation.
---------------------------------------------------------------------------

X. Statutory and Executive Order Reviews

    This section addresses the following administrative requirements: 
Executive Orders 12866 and 13563, 13132, 13175, 13045, 13211 and 12898, 
PRA, RFA, UMRA and the NTTAA. This two-part action proposes a revised 
federal plan and proposes amendments to the final 2009 NSPS. Since this 
proposed federal plan rule merely implements the amended HMIWI EG 
promulgated on October 6, 2009 (codified at 40 part 60, subpart Ce) as 
they apply to HMIWI and the proposed NSPS amendments clarify EPA's 
original intent removing the startup, shutdown, and malfunction 
exemption in the final NSPS rule October 6, 2009 (codified at 40 part 
60, subpart Ec) and does not impose any new requirements, much of the 
following discussion of administrative requirements refers to the 
documentation of applicable administrative requirements in the preamble 
to the 2009 rule promulgating the amended EG and NSPS (74 FR 51368-
51402, October 6, 2009).

A. Executive Order 12866 and 13563: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735; October 4, 1993) 
and is, therefore, not subject to review under the Executive Orders 
12866 and 13563 (76 FR 3821, January 21, 2011).
    The EPA considered the 2009 amendments to the HMIWI EG to be 
significant and the rule was reviewed by the Office of Management and 
Budget (OMB) in 2009. (See 74 FR 51400.) The federal plan proposed 
today would simply implement the EG as amended in 2009 and does not 
result in any additional control requirements or impose any additional 
costs above those previously considered during promulgation of the 2009 
amended EG. Therefore, this regulatory action is considered ``not 
significant'' under Executive Order 12866 and 13563.

B. Paperwork Reduction Act (PRA)

    This proposed action does not impose any new information collection 
burden. This action simply proposes amendments to the hospital/medical/
infectious waste incinerators federal plan to implement the amended 
emission guidelines adopted on October 6, 2009, for those states that 
do not have an approved revised/new state plan implementing the 
emission guidelines. Additionally, today's action also proposes to 
amend the new source performance standards to better reflect EPA's 
original intent in the October 6, 2009, final rule in eliminating an 
exemption during startup, shutdown and malfunction periods from the 
requirement to comply with standards at all times. However, the Office 
of Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations 40 CFR 
part 60 subparts CE and EC under the provisions on the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB Control 
Number 2060-0422. The OMB Control Numbers for EPA's regulation in 40 
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities 
(SISNOSE). Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed action on 
small entities, small entity is defined as follows: (1) A small 
business as defined by the Small Business Administration's regulations 
at 13 CFR 121.201; (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; or (3) a small organization that 
is any not-for-profit enterprise that is independently

[[Page 24287]]

owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. During the 
2009 HMIWI EG rulemaking, the EPA estimated that a substantial number 
of small entities would not be significantly impacted by the 
promulgated EG. (See 74 FR at 51400-51401.) This proposed amended 
federal plan does not establish any new requirements.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain a federal mandate that may 
result in expenditures of $100 million or more for state and local 
governments, in the aggregate, or the private sector in any 1 year. In 
the preamble to the 2009 EG, the national total cost to comply with the 
final rule was estimated to be approximately $15.5 million in each of 
the first 3 years of compliance. This proposed federal plan, as 
amended, will apply to only a subset of the units considered in the 
cost analysis for the EG, and less than 10 percent of the units 
nationwide are state or locally owned. Thus, the proposed federal plan, 
as amended, is not subject to the requirements of sections 202 or 205 
of UMRA.
    In addition, the EPA has determined that the proposed rule contains 
no regulatory requirements that might significantly or uniquely affect 
small governments because, as noted above, the burden is small and the 
regulation does not unfairly apply to small governments. Therefore, the 
proposed rule is also not subject to the requirements of section 203 of 
UMRA.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This proposed action will not 
impose substantial direct compliance costs on state or local 
governments and will not preempt state law. Thus, Executive Order 13132 
does not apply to this proposed action.
    In the spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
action from state and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). The 
EPA is not aware of any HMIWI owned or operated by Indian tribal 
governments. Thus, Executive Order 13175 does not apply to this 
proposed action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885; April 23, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
proposed action is not subject to Executive Order 13045 because it is 
based solely on technology performance.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA, Public Law 104-113 (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress, 
through OMB, explanations when the EPA decides not to use available and 
applicable VCS.
    This proposed rulemaking involves technical standards. The EPA 
proposes to use two VCS in today's action. One VCS, ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in the 2009 EG and 
the proposed rule for its manual method of measuring the content of the 
exhaust gas as an acceptable alternative to EPA Method 3B of appendix 
A-2. This standard is available from the ASME, P.O. Box 2900, 
Fairfield, NJ 07007-2900; or Global Engineering Documents, Sales 
Department, 15 Inverness Way East, Englewood, CO 80112.
    Another VCS, ASTM D6784-02, ``Standard Test Method for Elemental, 
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method),'' is cited in the 2009 
EG and the proposed rule as an acceptable alternative to EPA Method 29 
of appendix A-8 (portion for Hg only) for measuring Hg. This standard 
is available from the ASTM, 100 Barr Harbor Drive, Post Office Box 
C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb 
Road, Ann Arbor, MI 48106.
    While the EPA has identified 16 VCS as being potentially applicable 
to the proposed rule, we have decided not to use these VCS in this 
rulemaking. The use of these VCS would be impractical because they do 
not meet the objectives of the standards cited in this proposed rule. 
See the docket for the 2009 EG (Docket ID No. EPA-HQ-OAR-2006-0534), 
which is being implemented under today's proposed action, for the 
reasons for these determinations.
    Under 40 CFR 62.14495, the EPA Administrator retains the authority 
of approving alternative methods of demonstrating compliance as 
established under 40 CFR 60.8(b) and 60.13(i) of 40 CFR part 60, 
subpart A (NSPS General Provisions). A source may apply to the EPA for 
permission to use alternative test methods or alternative monitoring 
requirements in place of any required EPA test methods, performance 
specifications or procedures.
    The EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable VCS and to explain why such standards should be used in this 
regulation.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice (EJ) in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629; Feb. 16, 1994) establishes 
federal executive policy on EJ. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make EJ part of their mission by identifying and addressing, as 
appropriate, disproportionately high and adverse human health or 
environmental effects of their programs, policies and activities on 
minority populations and low-income populations in the United States.

[[Page 24288]]

    The EPA has determined that this proposed action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.
    This proposed action implements national standards in the 2009 
amendments to the HMIWI EG that would result in reductions in emissions 
of Cd, CO, dioxins/furans, HCl, Pb, Hg, NOX, PM and 
SO2 from all HMIWI and thus decrease the amount of such 
emissions to which all affected populations are exposed.

List of Subjects in 40 CFR Parts 60 and 62

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

    Dated: March 27, 2012.
Lisa P. Jackson,
Administrator.

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES: 
HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

    For the reasons stated in the preamble, Title 40, chapter I, parts 
60 and 62 of the CFR are proposed to be amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart Ec--[Amended]

    2. The subpart heading for subpart Ec is revised to read as 
follows:

Subpart Ec--Standards of Performance for New Stationary Sources: 
Hospital/Medical/Infectious Waste Incinerators: Final Rule 
Amendments

    3. Section 60.56c is amended by revising the first sentence of 
paragraph (d)(2) to read as follows:


Sec.  60.56c  Compliance and performance testing.

    (d) * * *
    (2) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.8, whichever 
date comes first, ensure that the affected facility does not operate 
above any of the applicable maximum operating parameters or below any 
of the applicable minimum operating parameters listed in table 3 of 
this subpart and measured as 3-hour rolling averages (calculated each 
hour as the average of the previous 3 operating hours) at all times. * 
* *
* * * * *

PART 62--FEDERAL PLAN REQUIREMENTS FOR HOSPITAL/MEDICAL/INFECTIOUS 
WASTE INCINERATORS CONSTRUCTED ON OR BEFORE DECEMBER 1, 2008

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

    Authority: 42 U.S.C. 7401, et seq.

Subpart HHH--[Amended]

    5. The subpart heading for subpart HHH is revised to read as 
follows:

Subpart HHH--Federal Plan Requirements for Hospital/Medical/
Infectious Waste Incinerators Constructed On or Before December 1, 
2008

    6. Section 62.14400 is amended by revising paragraphs (a) 
introductory text, (a)(2), and (c) to read as follows:


Sec.  62.14400  Am I subject to this subpart?

    (a) You are subject to this subpart if paragraphs (a)(1), (2)(i) or 
(ii), and (3) of this section are all true:
* * * * *
    (2)(i) Construction of the HMIWI commenced on or before June 20, 
1996, or modification of the HMIWI commenced on or before March 16, 
1998; or
    (ii) Construction of the HMIWI commenced after June 20, 1996 but no 
later than December 1, 2008, or modification of the HMIWI commenced 
after March 16, 1998 but no later than April 6, 2010; and
* * * * *
    (c) Owners or operators of sources that qualify for the exemptions 
in paragraphs (b)(1) or (b)(2) of this section must submit records 
required to support their claims of exemption to the EPA Administrator 
(or delegated enforcement authority) upon request. Upon request by any 
person under the regulation at part 2 of this chapter (or a comparable 
law or regulation governing a delegated enforcement authority), the EPA 
Administrator (or delegated enforcement authority) must request the 
records in (b)(1) or (b)(2) from an owner or operator and make such 
records available to the requestor to the extent required by part 2 of 
this chapter (or a comparable law governing a delegated enforcement 
authority). Records required under paragraphs (b)(1) and (b)(2) of this 
section must be maintained by the source for a period of at least 5 
years. Notifications of exemption claims required under paragraphs 
(b)(1) and (b)(2) of this section must be maintained by the EPA or 
delegated enforcement authority for as long as the source is operating 
under such exempt status. Any information obtained from an owner or 
operator of a source accompanied by a claim of confidentiality will be 
treated in accordance with the regulations in part 2 of this chapter 
(or a comparable law governing a delegated enforcement authority).
    7. Section 62.14401 is revised to read as follows:


Sec.  62.14401  How do I determine if my HMIWI is covered by an 
approved and effective state or tribal plan?

    This part (40 CFR part 62) contains a list of all states and tribal 
areas with approved Clean Air Act (CAA) section 111(d)/129 plans in 
effect. However, this part is only updated once a year. Thus, if this 
part does not indicate that your state or tribal area has an approved 
and effective plan, you should contact your state environmental 
agency's air director or your EPA Regional Office to determine if 
approval occurred since publication of the most recent version of this 
part. A state may also meet its CAA section 111(d)/129 obligations by 
submitting an acceptable written request for delegation of the federal 
plan that meets the requirements of this section. This is the only 
other option for a state to meet its 111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the federal plan.
    (2) The items under Sec.  60.25(a) and 60.39e(c).
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or 
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator who sets forth the terms, conditions and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in the EPA's Delegation Manual,

[[Page 24289]]

Item 7-139, Implementation and Enforcement of 111(d)(2) and 111(d)/(2)/
129(b)(3) federal plans.
    (b) A state with an already approved HMIWI CAA section 111(d)/129 
state plan is not precluded from receiving EPA approval of a delegation 
request for the revised federal plan, providing the requirements of 
paragraph (a) of this section are met, and at the time of the 
delegation request, the state also requests withdrawal of the EPA's 
previous state plan approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from 
its obligations under Title V of the CAA.
    8. Section 62.14402 is revised to read as follows:


Sec.  62.14402  If my HMIWI is not listed on the federal plan 
inventory, am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are 
not limited to, the inventory of sources listed in Docket ID No. EPA-
HQ-OAR-2011-0405 for the federal plan. Review the applicability of 
Sec.  62.14400 to determine if you are subject.
    9. Section 62.14403 is revised to read as follows:


Sec.  62.14403  What happens if I modify an existing HMIWI?

    (a) If you commenced modification (defined in 40 CFR 62.14490) of 
an existing HMIWI after April 6, 2010, you are subject to 40 CFR part 
60, subpart Ec (40 CFR 60.50c through 60.58c), as amended, and you are 
not subject to this subpart, except as provided in paragraph (b) of 
this section.
    (b) If you made physical or operational changes to your existing 
HMIWI solely for the purpose of complying with this subpart, these 
changes are not considered a modification and you are not subject to 40 
CFR part 60, subpart Ec (40 CFR 60.50c through 60.58c), as amended. You 
remain subject to this subpart.
    10. Section 62.14412 is revised to read as follows:


Sec.  62.14412  What stack opacity and visible emissions requirements 
apply?

    (a) Your HMIWI (regardless of size category) must not discharge 
into the atmosphere from the stack any gases that exhibit greater than 
6 percent opacity (6-minute block average).
    (b) Your HMIWI (regardless of size category) must not discharge 
into the atmosphere visible emissions of combustion ash from an ash 
conveying system (including conveyor transfer points) in excess of 5 
percent of the observation period (i.e., 9 minutes per 3-hour period), 
as determined by EPA Reference Method 22 of 40 CFR part 60, appendix A-
7, except as provided in paragraphs (b)(1) and (2) of this section.
    (1) The emissions limit specified in paragraph (b) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emissions limit does 
cover visible emissions discharged to the atmosphere from buildings or 
enclosures of ash conveying systems.
    (2) The provisions specified in paragraph (b) of this section do 
not apply during maintenance and repair of ash conveying systems. 
Maintenance and/or repair must not exceed 10 operating days per 
calendar quarter unless you obtain written approval from the state 
agency establishing a date when all necessary maintenance and repairs 
of ash conveying systems are to be completed.
    11. Section 62.14413 is revised to read as follows:


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

    The emissions limits and stack opacity and visible emissions 
requirements of this subpart apply at all times.
    12. Section 62.14422 is amended by adding paragraph (a)(14) to read 
as follows:
* * * * *
    (14) Training in waste segregation according to Sec.  62.14430(c).
    13. Section 62.14425 is amended by revising paragraph (b) to read 
as follows:
* * * * *
    (b) You must conduct your initial review of the information listed 
in Sec.  62.14424 by [date 6 months after publication of final rule], 
or prior to assumption of responsibilities affecting HMIWI operation, 
whichever is later.
* * * * *
    14. Section 62.14431 is revised to read as follows:


Sec.  62.14431  What must my waste management plan include?

    (a) Your waste management plan must identify both the feasibility 
of, and the approach for, separating certain components of solid waste 
from the health care waste stream in order to reduce the amount of 
toxic emissions from incinerated waste. The waste management plan you 
develop may address, but is not limited to, elements such as 
segregation and recycling of paper, cardboard, plastics, glass, 
batteries, food waste and metals (e.g., aluminum cans, metals-
containing devices); segregation of non-recyclable wastes (e.g., 
polychlorinated biphenyl-containing waste, pharmaceutical waste, and 
mercury-containing waste such as dental waste); and purchasing recycled 
or recyclable products. Your waste management plan may include 
different goals or approaches for different areas or departments of the 
facility and need not include new waste management goals for every 
waste stream. When you develop your waste management plan, it should 
identify, where possible, reasonably available additional waste 
management measures, taking into account the effectiveness of waste 
management measures already in place, the costs of additional measures, 
the emissions reductions expected to be achieved, and any other 
potential environmental or energy impacts they might have. In 
developing your waste management plan, you must consider the American 
Hospital Association (AHA) publication titled ``Ounce of Prevention: 
Waste Reduction Strategies for Health Care Facilities.'' This 
publication (AHA Catalog No. 057007) is available for purchase from the 
AHA Services, Inc., Post Office Box 933283, Atlanta, Georgia 31193-
3283.
    (b) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for each of your 
waste generator clients and ensure that each client prepares its own 
waste management plan that includes, but is not limited to, the 
provisions listed in this section.
    (c) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for your HMIWI 
operators.
    15. Section 62.14432 is revised to read as follows:


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

    As specified in Sec. Sec.  62.14463 and 62.14464, you must submit 
your waste management plan with your initial report, which is due 60 
days after you demonstrate initial compliance with the amended 
emissions limits, by conducting an initial performance test or 
submitting the results of previous emissions tests, provided the 
conditions in Sec.  62.14451(e) are met.
    16. Section 62.14440 is revised to read as follows:


Sec.  62.14440  Which HMIWI are subject to inspection requirements?

    (a) Small rural HMIWI (defined in Sec.  62.14490) are subject to 
the HMIWI inspection requirements.
    (b) All HMIWI equipped with one or more air pollution control 
devices are subject to the air pollution control device inspection 
requirements.
    17. Section 62.14441 is revised to read as follows:

[[Page 24290]]

Sec.  62.14441  When must I inspect my HMIWI?

    (a) You must inspect your small rural HMIWI by [date 1 year after 
publication of final rule].
    (b) You must conduct inspections of your small rural HMIWI as 
outlined in Sec.  62.14442(a) annually (no more than 12 months 
following the previous annual HMIWI inspection).
    (c) You must inspect the air pollution control devices on your 
large, medium, small or small rural HMIWI by [date 1 year after 
publication of final rule].
    (d) You must conduct the air pollution control device inspections 
as outlined in Sec.  62.14442(b) annually (no more than 12 months 
following the previous annual air pollution control device inspection).
    18. Section 62.14442 is amended as follows:
    a. By redesignating paragraphs (a) through (q) as paragraphs (a)(1) 
through (a)(18);
    b. By redesignating introductory text as paragraph (a) introductory 
text;
    c. By revising newly designated paragraph (a) introductory text; 
and
    d. By adding paragraph (a)(17)
    e. By adding paragraph new paragraph (b).


Sec.  62.14442  What must my inspection include?

    (a) At a minimum, you must do the following during your HMIWI 
inspection:
* * * * *
    (17) Include inspection elements according to manufacturer's 
recommendations; and
    (18) * * *
    (b) At a minimum, you must do the following during your air 
pollution control device inspection:
    (1) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (2) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (3) Include inspection elements according to manufacturer's 
recommendations; and
    (4) Generally observe that the equipment is maintained in good 
operating condition.
    19. Section 62.14443 is revised to read as follows:


Sec.  62.14443  When must I do repairs?

    (a) You must complete any necessary repairs to the HMIWI within 10 
operating days of the HMIWI inspection unless you obtain written 
approval from the EPA Administrator (or delegated enforcement 
authority) establishing a different date when all necessary repairs of 
your HMIWI must be completed.
    (b) You must complete any necessary repairs to the air pollution 
control device within 10 operating days of the air pollution control 
device inspection unless you obtain written approval from the EPA 
Administrator (or delegated enforcement authority) establishing a 
different date when all necessary repairs of your air pollution control 
device must be completed. During the time that you effecting repairs to 
your air pollution control device, all emissions standards remain in 
effect according to Sec.  62.14413.
    20. Section 62.14450 is removed and reserved.
    21. Section 62.14451 is amended as follows:
    a. By revising paragraph (a);
    b. By adding paragraph (b)(3);
    c. By redesignating paragraph (c) as paragraph (d);
    d. By adding new paragraph (c); and
    e. By adding paragraph (e).


Sec.  62.14451  What are the testing requirements?

    (a) Except as specified in paragraph (e) of this section, you must 
conduct an initial performance test for PM, opacity, CO, dioxin/furan, 
HCl, Pb, Cd, Hg, SO2, NOX and fugitive ash 
emissions using the test methods and procedures outlined in Sec.  
62.14452.
    (b) * * *
    (3) If you use a large HMIWI that commenced construction or 
modification according to Sec.  62.14400(a)(2)(ii), determine 
compliance with the visible emissions limits for fugitive emissions 
from flyash/bottom ash storage and handling by conducting a performance 
test using EPA Reference Method 22 of 40 CFR part 60, appendix A-7 on 
an annual basis (no more than 12 months following the previous 
performance test).
    (c) The 2,000 lb/wk limitation for small rural HMIWI does not apply 
during performance tests.
* * * * *
    (e) You may use the results of previous emissions tests to 
demonstrate compliance with the emissions limits, provided that the 
conditions in paragraphs (e)(1) through (3) of this section are met:
    (1) Your previous emissions tests must have been conducted using 
the applicable procedures and test methods listed in Sec.  62.14452. 
Previous emissions test results obtained using the EPA-accepted 
voluntary consensus standards are also acceptable.
    (2) The HMIWI at your facility must currently be operated in a 
manner (e.g., with charge rate, secondary chamber temperature, etc.) 
that would be expected to result in the same or lower emissions than 
observed during the previous emissions test(s), and the HMIWI may not 
have been modified such that emissions would be expected to exceed the 
results from previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996 
or later.
    22. Section 62.14452 is amended as follows:
    a. By revising paragraphs (c), (d), and (f);
    b. By redesignating paragraph (l) as paragraph (o);
    c. By revising newly designated paragraph (o);
    d. By redesignating paragraph (m) as paragraph (r);
    e. By redesignating paragraphs (g) through (k) as paragraphs (i) 
through (m);
    f. By revising newly designated paragraphs (i) through (m);
    g. By adding new paragraphs (g) and (h);
    h. By adding paragraphs (n), (p) and (q).


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

* * * * *
    (c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix 
A-1 to select the sampling location and number of traverse points;
    (d) You must use EPA Reference Method 3, 3A or 3B of 40 CFR part 
60, appendix A-2 for gas composition analysis, including measurement of 
oxygen concentration. You must use EPA Reference Method 3, 3A or 3B of 
40 CFR part 60, appendix A-2 simultaneously with each reference method. 
You may use ASME PTC-19-10-1981-Part 10 (incorporated by reference in 
40 CFR 60.17) as an alternative to EPA Reference Method 3B;
* * * * *
    (f) You must use EPA Reference Method 5 of 40 CFR part 60, appendix 
A-3 or Method 26A or Method 29 of 40 CFR part 60, appendix A-8 to 
measure particulate matter (PM) emissions. You may use bag leak 
detection systems, as specified in Sec.  62.14454(e), or PM continuous 
emissions monitoring systems (CEMS), as specified in paragraph (o) of 
this section, as an alternative to demonstrate compliance with the PM 
emissions limit;
    (g) You must use EPA Reference Method 6 or 6C of 40 CFR part 60, 
appendix A-4 to measure SO2 emissions;

[[Page 24291]]

    (h) You must use EPA Reference Method 7 or 7E of 40 CFR part 60, 
appendix A-4 to measure NOX emissions;
    (i) You must use EPA Reference Method 9 of 40 CFR part 60, appendix 
A-4 to measure stack opacity. You may use bag leak detection systems, 
as specified in Sec.  62.14454(e), or PM CEMS, as specified in 
paragraph (o) of this section, as an alternative to demonstrate 
compliance with the opacity requirements;
    (j) You must use EPA Reference Method 10 or 10B of 40 CFR part 60, 
appendix A-4 to measure the CO emissions. You may use CO CEMS, as 
specified in paragraph (o) of this section, as an alternative to 
demonstrate compliance with the CO emissions limit;
    (k) You must use EPA Reference Method 23 of 40 CFR part 60, 
appendix A-7 to measure total dioxin/furan emissions. The minimum 
sample time must be 4 hours per test run. You may elect to sample 
dioxins/furans by installing, calibrating, maintaining and operating a 
continuous automated sampling system, as specified in paragraph (p) of 
this section, as an alternative to demonstrate compliance with the 
dioxin/furan emissions limit. If you have selected the toxic 
equivalency (TEQ) standards for dioxin/furans under Sec.  62.14411, you 
must use the following procedures to determine compliance:
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-congener emitted using EPA Reference Method 23 of 40 CFR part 60, 
appendix A-7;
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (k)(1) of this section, multiply the congener concentration 
by its corresponding TEQ factor specified in Table 2 of this subpart;
    (3) Sum the products calculated in accordance with paragraph (k)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of TEQ.
    (l) You must use EPA Reference Method 26 or 26A of 40 CFR part 60, 
appendix A-8 to measure HCl emissions. You may use HCl CEMS as an 
alternative to demonstrate compliance with the HCl emissions limit;
    (m) You must use EPA Reference Method 29 of 40 CFR part 60, 
appendix A-8 to measure Pb, Cd and Hg emissions. You may use ASTM 
D6784-02 (incorporated by reference in 40 CFR 60.17) as an alternative 
to EPA Reference Method 29 for measuring Hg emissions. You may also use 
Hg CEMS, as specified in paragraph (o) of this section, or a continuous 
automated sampling system for monitoring Hg emissions, as specified in 
paragraph (q) of this section, as an alternative to demonstrate 
compliance with the Hg emissions limit. You may use multi-metals CEMS, 
as specified in paragraph (o) of this section, as an alternative to EPA 
Reference Method 29 to demonstrate compliance with the Pb, Cd or Hg 
emissions limits;
    (n) You must use EPA Reference Method 22 of 40 CFR part 60, 
appendix A-7 to determine compliance with the fugitive ash emissions 
limit under Sec.  60.52c(c). The minimum observation time must be a 
series of three 1-hour observations.
    (o) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits under Sec. Sec.  62.14411 or 62.14412, you:
    (1) Must determine compliance with the appropriate emissions 
limit(s) using a 12-hour rolling average, calculated as specified in 
section 12.4.1 of EPA Reference Method 19 of 40 CFR part 60, appendix 
A-7. Performance tests using EPA Reference Methods are not required for 
pollutants monitored with CEMS.
    (2) Must operate a CEMS to measure oxygen concentration, adjusting 
pollutant concentrations to 7 percent oxygen as specified in paragraph 
(e) of this section.
    (3) Must operate all CEMS in accordance with the applicable 
procedures under appendices B and F of 40 CFR part 60. For those CEMS 
for which performance specifications have not yet been promulgated 
(HCl, multi-metals), this option takes effect on the date a final 
performance specification is published in the Federal Register or the 
date of approval of a site-specific monitoring plan.
    (4) May substitute use of a CO CEMS for the CO annual performance 
test and minimum secondary chamber temperature to demonstrate 
compliance with the CO emissions limit.
    (5) May substitute use of an HCl CEMS for the HCl annual 
performance test, minimum HCl sorbent flow rate and minimum scrubber 
liquor pH to demonstrate compliance with the HCl emissions limit.
    (6) May substitute use of a PM CEMS for the PM annual performance 
test and minimum pressure drop across the wet scrubber, if applicable, 
to demonstrate compliance with the PM emissions limit.
    (p) If you are using a continuous automated sampling system to 
demonstrate compliance with the dioxin/furan emissions limits, you must 
record the output of the system and analyze the sample according to EPA 
Reference Method 23 of 40 CFR part 60, appendix A-7. This option to use 
a continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. If you elect to continuously sample dioxin/
furan emissions instead of sampling and testing using EPA Reference 
Method 23 of 40 CFR part 60, appendix A-7, you must install, calibrate, 
maintain and operate a continuous automated sampling system and comply 
with the requirements specified in 40 CFR 60.58b(p) and (q) of subpart 
Eb.
    (q) If you are using a continuous automated sampling system to 
demonstrate compliance with the Hg emissions limits, you must record 
the output of the system and analyze the sample at set intervals using 
any suitable determinative technique that can meet appropriate 
performance criteria. This option to use a continuous automated 
sampling system takes effect on the date a final performance 
specification applicable to Hg from monitors is published in the 
Federal Register or the date of approval of a site-specific monitoring 
plan. If you elect to continuously sample Hg emissions instead of 
sampling and testing using EPA Reference Method 29 of 40 CFR part 60, 
appendix A-8, or an approved alternative method for measuring Hg 
emissions, you must install, calibrate, maintain and operate a 
continuous automated sampling system and comply with the requirements 
specified in 40 CFR 60.58b(p) and (q) of subpart Eb.
* * * * *
    23. Section 62.14453 is amended as follows:
    a. By revising paragraph (a) introductory text;
    b. By revising paragraph (a)(2); and
    c. By revising paragraph (b).


Sec.  62.14453  What must I monitor?

    (a) If your HMIWI uses combustion control only, or your HMIWI is 
equipped with a dry scrubber followed by a fabric filter (FF), a wet 
scrubber, a dry scrubber followed by a FF and wet scrubber, or a 
selective noncatalytic reduction (SNCR) system:
* * * * *
    (2) After the date on which the initial performance test is 
completed or is required to be completed under Sec.  62.14470, 
whichever comes first, your HMIWI must not operate above any of the 
applicable maximum operating parameters or below any of the applicable 
minimum operating

[[Page 24292]]

parameters listed in Table 3 and measured as 3-hour rolling averages 
(calculated each hour as the average of the previous 3 operating 
hours), at all times except during performance tests.
    (b) If you are using an air pollution control device other than a 
dry scrubber followed by a FF, a wet scrubber, a dry scrubber followed 
by a FF and a wet scrubber, or a SNCR system to comply with the 
emissions limits under Sec.  62.14411, you must petition the EPA 
Administrator for site-specific operating parameters to be established 
during the initial performance test and you must continuously monitor 
those parameters thereafter. You may not conduct the initial 
performance test until the EPA Administrator has approved the petition.
    24. Section 62.14454 is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b);
    c. By revising paragraph (c); and
    d. By adding paragraph (e).


Sec.  62.14454  How must I monitor the required parameters?

    (a) Except as provided in Sec. Sec.  62.14452(o) through (q), you 
must install, calibrate (to manufacturers' specifications), maintain 
and operate devices (or establish methods) for monitoring the 
applicable maximum and minimum operating parameters listed in Table 3 
of this subpart (unless CEMS are used as a substitute for certain 
parameters as specified) such that these devices (or methods) measure 
and record values for the operating parameters at the frequencies 
indicated in Table 3 of this subpart at all times. For charge rate, the 
device must measure and record the date, time and weight of each charge 
fed to the HMIWI. This must be done automatically, meaning that the 
only intervention from an operator during the process would be to load 
the charge onto the weighing device. For batch HMIWI, the maximum 
charge rate is measured on a daily basis (the amount of waste charged 
to the unit each day).
    (b) For all HMIWI, you must install, calibrate (to manufacturers' 
specifications), maintain and operate a device or method for measuring 
the use of the bypass stack, including the date, time and duration of 
such use.
    (c) For all HMIWI, if you are using controls other than a dry 
scrubber followed by a FF, a wet scrubber, a dry scrubber followed by a 
FF and a wet scrubber, or a SNCR system to comply with the emissions 
limits under Sec.  62.14411, you must install, calibrate (to 
manufacturers' specifications), maintain and operate the equipment 
necessary to monitor the site-specific operating parameters developed 
pursuant to Sec.  62.14453(b).
* * * * *
    (e) If you use an air pollution control device that includes a FF 
and are not demonstrating compliance using PM CEMS, you must determine 
compliance with the PM emissions limit using a bag leak detection 
system and meet the requirements in paragraphs (e)(1) through (12) of 
this section for each bag leak detection system.
    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated and maintained according to the ``Fabric Filter 
Bag Leak Detection Guidance,'' (EPA-454/R-98-015, September 1997). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Sector 
Policies and Programs Division; Measurement Policy Group (D-243-02), 
Research Triangle Park, NC 27711. This document is also available on 
the Technology Transfer Network (TTN) under Emissions Measurement 
Center Continuous Emissions Monitoring. Other types of bag leak 
detection systems must be installed, operated, calibrated and 
maintained in a manner consistent with the manufacturer's written 
specifications and recommendations.
    (2) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure FF systems, a bag leak detector must be 
installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air FF, the bag leak detector 
must be installed downstream of the FF.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the 
``Fabric Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points or alarm delay time may not 
be adjusted. In no case may the sensitivity be increased by more than 
100 percent or decreased more than 50 percent over a 365-day period 
unless such adjustment follows a complete FF inspection that 
demonstrates that the FF is in good operating condition. Each 
adjustment must be recorded.
    (11) Record the results of each inspection, calibration and 
validation check.
    (12) Initiate corrective action within 1 hour of a bag leak 
detection system alarm; operate and maintain the FF such that the alarm 
is not engaged for more than 5 percent of the total operating time in a 
6-month block reporting period. If inspection of the FF demonstrates 
that no corrective action is required, no alarm time is counted. If 
corrective action is required, each alarm is counted as a minimum of 1 
hour. If it takes longer than 1 hour to initiate corrective action, the 
alarm time is counted as the actual amount of time taken to initiate 
corrective action.
    25. Section 62.14455 is revised to read as follows:


Sec.  62.14455  What if my HMIWI goes outside of a parameter limit?

    (a) Operation above the established maximum or below the 
established minimum operating parameter(s) constitutes a violation of 
established operating parameter(s). Operating parameter limits do not 
apply during performance tests.
    (b) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI uses combustion control only:

[[Page 24293]]



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

     (c) Except as provided in paragraph (f) or (g) of this section, if 
your HMIWI is equipped with a dry scrubber followed by a FF:

------------------------------------------------------------------------
                                                      Then you are in
              And your HMIWI . . .                  violation  of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-    The CO emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum secondary chamber
 temperature (3-hour rolling average)
 simultaneously.
(2) Operates above the maximum FF inlet           The dioxin/furan
 temperature (3-hour rolling average), above the   emissions limit.
 maximum charge rate (3-hour rolling average for
 continuous and intermittent HMIWI, daily
 average for batch HMIWI), and below the minimum
 dioxin/furan sorbent flow rate (3-hour rolling
 average) simultaneously.
(3) Operates above the maximum charge rate (3-    The HCl emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum HCl sorbent flow
 rate (3-hour rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-    The Hg emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum Hg sorbent flow
 rate (3-hour rolling average) simultaneously.
(5) Uses the bypass stack.......................  The PM, dioxin/furan,
                                                   HCl, Pb, Cd and Hg
                                                   emissions limits.
(6) Operates above the CO emissions limit as      The CO emissions
 measured by a CO CEMS, as specified in Sec.       limit.
 62.14452(o).
(7) Uses a bag leak detection system, as          The PM emissions
 specified in Sec.   62.14454(e), to demonstrate   limit.\a\
 compliance with the PM emissions limit and
 either fails to initiate corrective action
 within 1 hour of a bag leak detection system
 alarm or fails to operate and maintain the FF
 such that the alarm is not engaged for more
 than 5 percent of the total operating time in a
 6-month block reporting period.
(8) Uses a bag leak detection system, as          The opacity limit.\a\
 specified in Sec.   62.14454(e), to demonstrate
 compliance with the opacity limit and either
 fails to initiate corrective action within 1
 hour of a bag leak detection system alarm or
 fails to operate and maintain the FF such that
 the alarm is not engaged for more than 5
 percent of the total operating time in a 6-
 month block reporting period.
(9) Operates above the PM emissions limit as      The PM emissions
 measured by a PM CEMS, as specified in Sec.       limit.
 62.14452(o).
(10) Operates above the HCl emissions limit as    The HCl emissions
 measured by an HCl CEMS, as specified in Sec.     limit.
 62.14452(o).
(11) Operates above the Pb emissions limit as     The Pb emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(12) Operates above the Cd emissions limit as     The Cd emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(13) Operates above the Hg emissions limit as     The Hg emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(14) Operates above the dioxin/furan emissions    The dioxin/furan
 limit as measured by a continuous automated       emissions limit.
 sampling system, as specified in Sec.
 62.14452(p).
(15) Operates above the Hg emissions limit as     The Hg emissions
 measured by a continuous automated sampling       limit.
 system, as specified in Sec.   62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
  required, no alarm time is counted. If corrective action is required,
  each alarm is counted as a minimum of 1 hour. If it takes longer than
  1 hour to initiate corrective action, the alarm time is counted as the
  actual amount of time taken to initiate corrective action.

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

------------------------------------------------------------------------
                                                      Then you are in
              And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-    The CO emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum secondary chamber
 temperature (3-hour rolling average)
 simultaneously.
(2) Operates above the maximum charge rate (3-    The PM emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum pressure drop
 across the wet scrubber (3-hour rolling
 average) or below the minimum horsepower or
 amperage to the system (3-hour rolling average)
 simultaneously.
(3) Operates above the maximum charge rate (3-    The dioxin/furan
 hour rolling average for continuous and           emissions limit.
 intermittent HMIWI, daily average for batch
 HMIWI), below the minimum secondary chamber
 temperature (3-hour rolling average), and below
 the minimum scrubber liquor flow rate (3-hour
 rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-    The HCl emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum scrubber liquor pH
 (3-hour rolling average) simultaneously.
(5) Operates above the maximum flue gas           The Hg emissions
 temperature (3-hour rolling average) and above    limit.
 the maximum charge rate (3-hour rolling average
 for continuous and intermittent HMIWI, daily
 average for batch HMIWI) simultaneously.
(6) Uses the bypass stack.......................  The PM, dioxin/furan,
                                                   HCl, Pb, Cd and Hg
                                                   emissions limits.

[[Page 24294]]

 
(7) Operates above the CO emissions limit as      The CO emissions
 measured by a CO CEMS, as specified in Sec.       limit.
 62.14452(o).
(8) Operates above the PM emissions limit as      The PM emissions
 measured by a PM CEMS, as specified in Sec.       limit.
 62.14452(o).
(9) Operates above the HCl emissions limit as     The HCl emissions
 measured by an HCl CEMS, as specified in Sec.     limit.
 62.14452(o).
(10) Operates above the Pb emissions limit as     The Pb emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(11) Operates above the Cd emissions limit as     The Cd emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(12) Operates above the Hg emissions limit as     The Hg emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(13) Operates above the dioxin/furan emissions    The dioxin/furan
 limit as measured by a continuous automated       emissions limit.
 sampling system, as specified in Sec.
 62.14452(p).
(14) Operates above the Hg emissions limit as     The Hg emissions
 measured by a continuous automated sampling       limit.
 system, as specified in Sec.   62.14452(q).
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                      Then you are in
              And your HMIWI . . .                  violation of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate (3-    The CO emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum secondary chamber
 temperature (3-hour rolling average)
 simultaneously.
(2) Operates above the maximum fabric filter      The dioxin/furan
 inlet temperature (3-hour rolling average),       emissions limit.
 above the maximum charge rate (3-hour rolling
 average for continuous and intermittent HMIWI,
 daily average for batch HMIWI), and below the
 minimum dioxin/furan sorbent flow rate (3-hour
 rolling average) simultaneously.
(3) Operates above the maximum charge rate (3-    The HCl emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum scrubber liquor pH
 (3-hour rolling average) simultaneously.
(4) Operates above the maximum charge rate (3-    The Hg emissions
 hour rolling average for continuous and           limit.
 intermittent HMIWI, daily average for batch
 HMIWI) and below the minimum Hg sorbent flow
 rate (3-hour rolling average) simultaneously.
(5) Uses the bypass stack.......................  The PM, dioxin/furan,
                                                   HCl, Pb, Cd and Hg
                                                   emissions limits.
(6) Operates above the CO emissions limit as      The CO emissions
 measured by a CO CEMS, as specified in Sec.       limit.
 62.14452(o).
(7) Uses a bag leak detection system, as          The PM emissions
 specified in Sec.   62.14454(e), to demonstrate   limit.\a\
 compliance with the PM emissions limit and
 either fails to initiate corrective action
 within 1 hour of a bag leak detection system
 alarm or fails to operate and maintain the FF
 such that the alarm is not engaged for more
 than 5 percent of the total operating time in a
 6-month block reporting period.
(8) Uses a bag leak detection system, as          The opacity limit.\a\
 specified in Sec.   62.14454(e), to demonstrate
 compliance with the opacity limit and either
 fails to initiate corrective action within 1
 hour of a bag leak detection system alarm or
 fails to operate and maintain the FF such that
 the alarm is not engaged for more than 5
 percent of the total operating time in a 6-
 month block reporting period.
(9) Operates above the PM emissions limit as      The PM emissions
 measured by a PM CEMS, as specified in Sec.       limit.
 62.14452(o).
(10) Operates above the HCl emissions limit as    The HCl emissions
 measured by an HCl CEMS, as specified in Sec.     limit.
 62.14452(o).
(11) Operates above the Pb emissions limit as     The Pb emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(12) Operates above the Cd emissions limit as     The Cd emissions
 measured by a multi-metals CEMS, as specified     limit.
 in Sec.   62.14452(o).
(13) Operates above the Hg emissions limit as     The Hg emissions limit
 measured by a multi-metals CEMS, as specified
 in Sec.   62.14452(o).
(14) Operates above the dioxin/furan emissions    The dioxin/furan
 limit as measured by a continuous automated       emissions limit.
 sampling system, as specified in Sec.
 62.14452(p).
(15) Operates above the Hg emissions limit as     The Hg emissions
 measured by a continuous automated sampling       limit.
 system, as specified in Sec.   62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
  required, no alarm time is counted. If corrective action is required,
  each alarm is counted as a minimum of 1 hour. If it takes longer than
  1 hour to initiate corrective action, the alarm time is counted as the
  actual amount of time taken to initiate corrective action.

    (f) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI is equipped with a SNCR system:

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

     (g) You may conduct a repeat performance test within 30 days of 
violation of applicable operating parameter(s) to demonstrate that your 
HMIWI is not in violation of the applicable emissions limit(s). You 
must conduct repeat performance tests pursuant to this paragraph using 
the identical operating parameters that indicated a violation under 
paragraph (b), (c), (d), (e), or (f) of this section.

[[Page 24295]]

    (h) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits in table 1 of this subpart or Sec.  62.14412, and 
your CEMS indicates compliance with an emissions limit during periods 
when operating parameters indicate a violation of an emissions limit 
under paragraphs (b), (c), (d), (e) or (f) of this section, then you 
are considered to be in compliance with the emissions limit. You need 
not conduct a repeat performance test to demonstrate compliance.
    26. Section 62.14460 is amended as follows:
    a. By redesignating paragraphs (b)(7) through (b)(15) as paragraphs 
(b)(8) through (b)(16);
    b. By revising newly designated paragraph (b)(16);
    c. By adding new paragraph (b)(7);
    d. By adding paragraphs (b)(17) through (b)(19); and
    e. By revising paragraphs (c), (e), and (f).


Sec.  62.14460  What records must I maintain?

* * * * *
    (b) * * *
    (7) Amount and type of NOX reagent used during each hour 
of operation, as applicable;
* * * * *
    (16) All operating parameter data collected, if you are complying 
by monitoring site-specific operating parameters under Sec.  
62.14453(b).
    (17) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as 
applicable, as determined by the CEMS or continuous automated sampling 
system, as applicable.
    (18) Records of the annual air pollution control device 
inspections, any required maintenance and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
Administrator.
    (19) Records of each bag leak detection system alarm, the time of 
the alarm, the time corrective action was initiated and completed and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (c) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraph (b)(1) through 
(17) of this section were not obtained, with an identification of the 
emissions rates or operating parameters not measured, reasons for not 
obtaining the data, and a description of corrective actions taken;
* * * * *
    (e) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraphs (b)(1) through 
(17) of this section exceeded the applicable limits, with a description 
of the exceedances, reasons for such exceedances and a description of 
corrective actions taken.
    (f) The results of the initial, annual and any subsequent 
performance tests conducted to determine compliance with the emissions 
limits and/or to establish or re-establish operating parameters, as 
applicable, including sample calculations, of how the operating 
parameters were established or re-established, if applicable.
* * * * *
    27. Section 62.14463 is amended as follows:
    a. By redesignating paragraphs (a) through (c) as paragraphs (a)(1) 
through (a)(3);
    b. By revising newly designated paragraphs (a)(1) and (a)(2);
    c. By adding paragraph (a)(4);
    d. By redesignating introductory text as paragraph (a) introductory 
text;
    e. By redesignating paragraphs (d) through (k) as paragraphs (a)(5) 
through (a)(12);
    f. By revising newly designated paragraphs (a)(5), (a)(11), and 
(a)(12);
    g. By adding paragraphs (a)(13) through (a)(15); and
    h. By adding new paragraph (b).


Sec.  62.14463  What reporting requirements must I satisfy?

    (a) * * *
    (1) The initial performance test data as recorded under Sec.  
62.14451(a);
    (2) The values for the site-specific operating parameters 
established pursuant to Sec.  62.14453, as applicable, and a 
description, including sample calculations, of how the operating 
parameters were established during the initial performance test;
* * * * *
    (4) If you use a bag leak detection system, analysis and supporting 
documentation demonstrating conformance with the EPA guidance and 
specifications for bag leak detection systems in Sec.  62.14454(e);
    (5) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported, pursuant to Sec.  
62.14453, as applicable;
* * * * *
    (11) Any use of the bypass stack, duration of such use, reason for 
malfunction and corrective action taken;
    (12) Records of the annual equipment inspections, any required 
maintenance and any repairs not completed within 10 days of an 
inspection or the time frame established by the EPA Administrator (or 
delegated enforcement authority);
    (13) Records of the annual air pollution control device 
inspections, any required maintenance and any repairs not completed 
within 10 days of an inspection or the time frame established by the 
EPA Administrator (or delegated enforcement authority);
    (14) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as 
applicable, as determined by the CEMS or continuous automated sampling 
system, as applicable; and
    (15) Petition for site-specific operating parameters under Sec.  
62.14453(b).
    (b) If you choose to submit an electronic copy of stack test 
reports to the EPA's WebFIRE database, as of December 31, 2011, you 
must enter the test data into the EPA's database using the Electronic 
Reporting Tool (ERT) located at http://www.epa.gov/ttn/chief/ert/ert_tool.html.
    28. Section 62.14464 is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b); and
    c. By adding paragraph (d).


Sec.  62.14464  When must I submit reports?

    (a) You must submit the information specified in Sec. Sec.  
62.14463(a)(1) through (4) no later than 60 days following the initial 
performance test.
    (b) You must submit an annual report to the EPA Administrator (or 
delegated enforcement authority) no more than 1 year following the 
submission of the information in paragraph (a) of this section, and you 
must submit subsequent reports no more than 1 year following the 
previous report (once the unit is subject to permitting requirements 
under Title V of the CAA, you must submit these reports semiannually). 
The annual report must include the information specified in Sec. Sec.  
62.14463(a)(5) through (14), as applicable.
* * * * *
    (d) You must submit your petition for site-specific operating 
parameters specified in Sec.  62.14463(a)(15) prior to your initial 
performance test. You may not conduct the initial performance test 
until the EPA Administrator has approved the petition.
    29. Section 62.14470 is amended as follows:
    a. By revising paragraph (a) introductory text;
    b. By revising paragraphs (a)(1) through (a)(3);
    c. By revising paragraph (b) introductory text;
    d. By revising paragraph (b)(1);
    e. By revising paragraphs (b)(2)(i) through (b)(2)(v); and

[[Page 24296]]

    f. By revising paragraph (b)(3).


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

* * * * *
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by [date 1 year after publication of 
final rule], then you must complete the requirements of paragraphs 
(a)(1) through (a)(4) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by [date 1 year after publication of final rule].
    (2) You must achieve final compliance by [date 1 year after 
publication of final rule]. This includes incorporating all process 
changes and/or completing retrofit construction, connecting the air 
pollution control equipment or process changes such that the HMIWI is 
brought online, and ensuring that all necessary process changes and air 
pollution control equipment are operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (a)(2) of this section.
* * * * *
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after [date 1 year after publication 
of final rule], but before October 6, 2014, then you must complete the 
requirements of paragraphs (b)(1) through (b)(4) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by [date 1 year after publication of final rule].
    (2) * * *
    (i) You must submit a final control plan by October 6, 2012. Your 
final control plan must, at a minimum, include a description of the air 
pollution control device(s) or process changes that will be employed 
for each unit to comply with the emissions limits and other 
requirements of this subpart.
    (ii) You must award contract(s) for on-site construction, on-site 
installation of emissions control equipment or incorporation of process 
changes by May 6, 2013. You must submit a signed copy of the 
contract(s) awarded.
    (iii) You must begin on-site construction, begin on-site 
installation of emissions control equipment or begin process changes 
needed to meet the emissions limits as outlined in the final control 
plan by January 6, 2014.
    (iv) You must complete on-site construction, installation of 
emissions control equipment or process changes by August 6, 2014.
    (v) You must achieve final compliance by October 6, 2014. This 
includes incorporating all process changes and/or completing retrofit 
construction as described in the final control plan, connecting the air 
pollution control equipment or process changes such that the HMIWI is 
brought online and ensuring that all necessary process changes and air 
pollution control equipment are operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (b)(2)(v) of this section.
* * * * *
    30. Section 62.14471 is amended as follows:
    a. By revising paragraph (a);
    b. By revising paragraph (b) introductory text;
    c. By revising paragraphs (b)(1) and (b)(1)(i); and
    d. By revising paragraphs (b)(2) and (b)(3).


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

* * * * *
    (a) If you plan to shutdown by [date 1 year after publication of 
final rule], rather that come into compliance with the requirements of 
this subpart, then you must shutdown by [date 1 year after publication 
of final rule], to avoid coverage under any of the requirements of this 
subpart.
    (b) If you plan to shutdown rather than come into compliance with 
the requirements of this subpart but are unable to shutdown by [date 1 
year after publication of final rule], then you may petition the EPA 
for an extension by following the procedures outlined in paragraphs 
(b)(1) through (b)(3) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by [date 90 days 
after publication of final rule]. Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shutdown while [date 1 
year after publication of final rule], does not provide sufficient time 
for shutdown. Your documentation must include an evaluation of the 
option to transport your waste offsite to a commercial medical waste 
treatment and disposal facility on a temporary or permanent basis; and
* * * * *
    (2) You must shutdown no later than October 6, 2014.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by [date 1 year after publication of final rule].
    31. Section 62.14472 is amended as follows:
    a. By revising paragraph (a) introductory text;
    b. By revising paragraph (b) introductory text;
    c. By revising paragraphs (b)(1) and (b)(4);
    d. By revising paragraph (c) introductory text; and
    e. By revising paragraph (c)(1).


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

* * * * *
    (a) If you plan to shutdown and restart prior to October 6, 2014, 
then you must:
    (1) Meet the compliance schedule outlined in Sec.  63.14470(a) if 
you restart prior to [date 1 year after publication of final rule]; or
    (2) Meet the compliance schedule outlined in Sec.  62.14470(b) if 
you restart after [date 1 year after publication of final rule]. Any 
missed increments of progress need to be completed prior to or upon the 
date of restart.
    (b) If you plan to shutdown by [date 1 year after publication of 
final rule], and restart after October 6, 2014, then you must complete 
the requirements of paragraphs (b)(1) through (b)(5) of this section.
    (1) You must shutdown by [date 1 year after publication of final 
rule].
* * * * *
    (4) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you restart.
* * * * *
    (c) If you plan to shutdown after [date 1 year after publication of 
final rule], and restart after October 6, 2014, then you must complete 
the requirements of paragraphs (c)(1) and (c)(2) of this section.
    (1) You must petition the EPA for an extension by following the 
procedures outlined in Sec.  63.14471(b)(1) through (b)(3).
* * * * *
    32. Section 62.14490 is amended as follows:

[[Page 24297]]

    a. By adding a definition for ``Bag leak detection system'';
    b. By adding a definition for ``Commercial HMIWI'';
    c. By revising the definition for ``Maximum design waste burning 
capacity'';
    d. By adding a definition for ``Minimum reagent flow rate'';
    e. By revising the definition for ``Minimum secondary chamber 
temperature''; and
    f. By revising the introductory text to the definition for 
``Modification'' or ``Modified HMIWI.''


Sec.  62.14490  Definitions.

    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a FF in order to detect bag 
failures. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, light-scattering, light-
transmittance or other effects to monitor relative PM loadings.
* * * * *
    Commercial HMIWI means a HMIWI which offers incineration services 
for hospital/medical/infectious waste generated offsite by firms 
unrelated to the firm that owns the HMIWI.
* * * * *
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,

C = Pv x 15,000/8,500 (Eq. 2)

Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
15,000 = primary chamber heat release rate factor, Btu/ft\3\/hr
8,500 = standard waste heating value, Btu/lb;

    (2) For batch HMIWI,

C = Pv x 4.5/8 (Eq. 3)

Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
4.5 = waste density, lb/ft\3\
8 = typical hours of operation of a batch HMIWI, hours.
* * * * *

    Minimum reagent flow rate means 90 percent of the highest 3-hour 
average reagent flow rate at the inlet to the SNCR technology (taken, 
at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the NOX 
emissions limit.
* * * * *
    Minimum secondary chamber temperature means 90 percent of the 
highest 3-hour average secondary chamber temperature (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the PM, CO, dioxin/furan or 
NOX emissions limits.
    Modification or Modified HMIWI means any change to a HMIWI unit 
after April 6, 2010, such that:
* * * * *
    33. Section 62.14495 is amended as follows:
    a. By revising paragraph (b);
    b. By adding paragraph (c);
    c. By adding paragraph (d); and
    d. By adding paragraph (e).


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

* * * * *
    (b) Approval of alternative methods of demonstrating compliance 
under 40 CFR 60.8, including:
    (1) Approval of CEMS for PM, HCl, multi-metals and Hg where used 
for purposes of demonstrating compliance,
    (2) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (3) Approval of major alternatives to test methods;
    (c) Approval of major alternatives to monitoring;
    (d) Waiver of recordkeeping requirements; and
    (e) Performance test and data reduction waivers under 40 CFR 
60.8(b).
    33. Table 1 to Subpart HHH is revised to read as follows:

                           Table 1 to Subpart HHH of Part 62--Emissions Limits for Small Rural, Small, Medium and Large HMIWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               You must meet this emissions limit
                            ------------------------------------------------------------------------ With these units     Using this     And determining
   For the air pollutant                                   HMIWI size                                   (7 percent      averaging time      compliance
                            ------------------------------------------------------------------------    oxygen, dry           \a\           using this
                                Small rural          Small            Medium             Large            basis)                            method \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter.........  87 (0.038)......  66 (0.029)......  46 (0.020) \c\..  25 (0.011)......  Milligrams per    3-run average (1- EPA Reference
                                                                 34 (0.015) \d\..                     dry standard      hour minimum      Method 5 of
                                                                                                      cubic meter       sample time per   appendix A-3
                                                                                                      (grains per dry   run).             of part 60, or
                                                                                                      standard cubic                      EPA Reference
                                                                                                      foot).                              Method M 26A
                                                                                                                                          or 29 of
                                                                                                                                          appendix A-8
                                                                                                                                          of part 60.
Carbon monoxide............  20..............  20..............  5.5.............  11..............  Parts per         3-run average (1- EPA Reference
                                                                                                      million by        hour minimum      Method 10 or
                                                                                                      volume.           sample time per   10B of
                                                                                                                        run).             appendix A-4
                                                                                                                                          of part 60.
Dioxins/furans.............  240 (100) or....  16 (7.0) or.....  0.85 (0.37) or    9.3 (4.1) or....  Nanograms per     3-run average (4- EPA Reference
                             5.1 (2.2).......  0.013 (0.0057)..  0.020 (0.0087)..  0.054 (0.024)...   dry standard      hour minimum      Method 23 of
                                                                                                      cubic meter       sample time per   appendix A-7
                                                                                                      total dioxins/    run).             of part 60.
                                                                                                      furans (grains
                                                                                                      per billion dry
                                                                                                      standard cubic
                                                                                                      feet) or
                                                                                                      nanograms per
                                                                                                      dry standard
                                                                                                      cubic meter TEQ
                                                                                                      (grains per
                                                                                                      billion dry
                                                                                                      standard cubic
                                                                                                      feet).
Hydrogen chloride..........  810.............  44 \c\, 15 \d\..  7.7.............  6.6.............  Parts per         3-run average (1- EPA Reference
                                                                                                      million by        hour minimum      Method 26 or
                                                                                                      volume.           sample time per   26A of
                                                                                                                        run).             appendix A-8
                                                                                                                                          of part 60.
Sulfur dioxide.............  55..............  4.2.............  4.2.............  9.0.............  Parts per         3-run average (1- EPA Reference
                                                                                                      million by        hour minimum      Method 6 or 6C
                                                                                                      volume.           sample time per   of appendix A-
                                                                                                                        run).             4 of part 60.
Nitrogen oxides............  130.............  190.............  190.............  140.............  Parts per         3-run average (1- EPA Reference
                                                                                                      million by        hour minimum      Method 7 or 7E
                                                                                                      volume.           sample time per   of appendix A-
                                                                                                                        run).             4 of part 60.

[[Page 24298]]

 
Lead.......................  0.50 (0.22).....  0.31 (0.14).....  0.018 (0.0079)..  0.036 (0.016)...  Milligrams per    3-run average (1- EPA Reference
                                                                                                      dry standard      hour minimum      Method 29 of
                                                                                                      cubic meter       sample time per   appendix A-8
                                                                                                      (grains per       run).             of part 60.
                                                                                                      thousand dry
                                                                                                      standard cubic
                                                                                                      feet).
Cadmium....................  0.11 (0.048)....  0.017 (0.0074)..  0.013 (0.0057)..  0.0092 (0.0040).  Milligrams per    3-run average (1- EPA Reference
                                                                                                      dry standard      hour minimum      Method 29 of
                                                                                                      cubic meter       sample time per   appendix A-8
                                                                                                      (grains per       run).             of part 60.
                                                                                                      thousand dry
                                                                                                      standard cubic
                                                                                                      feet).
Mercury....................  0.051 (0.0022)..  0.014 (0.0061)..  0.025 (0.011)...  0.018 (0.0079)..  Milligrams per    3-run average (1- EPA Reference
                                                                                                      dry standard      hour minimum      Method 29 of
                                                                                                      cubic meter       sample time per   appendix A-8
                                                                                                      (grains per       run).             of part 60.
                                                                                                      thousand dry
                                                                                                      standard cubic
                                                                                                      feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Except as allowed under Sec.  Sec.   62.14452(o)-(q) for HMIWI equipped with CEMS or continuous automated sampling systems.
\b\ Does not include CEMS, continuous automated sampling systems, and approved alternative non-EPA test methods allowed under Sec.   62.14452(d) and
  (m).
\c\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(i).
\d\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(ii).

    34. Table 2 to Subpart HHH is revised to read as follows:

      Table 2 to Subpart HHH of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                      Toxic equivalency
               Dioxin/furan congener                        factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin..........               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin........               1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin.......               0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin.......               0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin.......               0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin....               0.01
Octachlorinated dibenzo-p-dioxin...................               0.0003
2,3,7,8-tetrachlorinated dibenzofuran..............               0.1
2,3,4,7,8-pentachlorinated dibenzofuran............               0.3
1,2,3,7,8-pentachlorinated dibenzofuran............               0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran...........               0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran...........               0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran...........               0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran...........               0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran........               0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran........               0.01
Octachlorinated dibenzofuran.......................               0.0003
------------------------------------------------------------------------

    35. Table 3 to Subpart HHH is revised to read as follows:

                Table 3 to Subpart HHH of Part 62--Operating Parameters To Be Monitored and Minimum Measurement and Recording Frequencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Minimum frequency                                              HMIWI
                                      ------------------------------------------------------------------------------------------------------------------
                                                                                                                                 HMIWI with
                                                                                                       HMIWI with                   dry
Operating parameters  to be monitored                                                     HMIWI with      dry       HMIWI with    scrubber    HMIWI with
                                          Data  measurement         Data  recording       combustion    scrubber       wet        followed       SNCR
                                                                                           control      followed     scrubber    by FF  and     system
                                                                                             only        by FF                      wet
                                                                                                                                  scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
    Maximum charge rate..............  Once per charge........  Once per charge........     [check]      [check]      [check]      [check]      [check]
    Maximum FF inlet temperature.....  Continuous.............  Once per minute........  ...........     [check]   ...........     [check]   ...........
Maximum flue gas temperature.........  Continuous.............  Once per minute........  ...........  ...........     [check]      [check]   ...........
Minimum operating parameters:

[[Page 24299]]

 
    Minimum secondary chamber          Continuous.............  Once per minute........     [check]      [check]      [check]      [check]      [check]
     temperature.
    Minimum dioxin/furan sorbent flow  Hourly.................  Once per hour..........  ...........     [check]   ...........     [check]   ...........
     rate.
    Minimum HCl sorbent flow rate....  Hourly.................  Once per hour..........  ...........     [check]   ...........     [check]   ...........
    Minimum mercury (Hg) sorbent flow  Hourly.................  Once per hour..........  ...........     [check]   ...........     [check]   ...........
     rate.
    Minimum pressure drop across the   Continuous.............  Once per minute........  ...........  ...........     [check]      [check]   ...........
     wet scrubber or minimum
     horsepower or amperage to wet
     scrubber.
    Minimum scrubber liquor flow rate  Continuous.............  Once per minute........  ...........  ...........     [check]      [check]   ...........
    Minimum scrubber liquor pH.......  Continuous.............  Once per minute........  ...........  ...........     [check]      [check]   ...........
    Minimum reagent flow rate........  Hourly.................  Once per hour..........  ...........  ...........  ...........  ...........     [check]
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-9093 Filed 4-20-12; 8:45 am]
BILLING CODE 6560-50-P


