TO: File
FROM: Mike Gordon
THRU: Marcos Aquino
DATE: 8/15/2017
                        TECHNICAL SUPPORT DOCUMENT FOR:
                                       
                        ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 62

	[EPA-R03-OAR-2017-0453; FRL-        ]

Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units


AGENCY:  Environmental Protection Agency (EPA).

RELATED ACTIONS: Proposed rule and direct final rule.

I.  Background
Sections 111(d) and 129 of the CAA require submittal of plans to control certain pollutants (designated pollutants) at existing solid waste combustor facilities (designated facilities) whenever standards of performance have been established under section 111(b) for new sources of the same source category and the EPA has established emission guidelines for such existing sources.  When designated facilities are located in a state, the state must then develop and submit a plan for the control of the designated pollutant.  Subpart B of 40 CFR part 60 establishes procedures to be followed and requirements to be met in the development and submission of state plans for controlling designated pollutants from designated facilities under sections 111(d) and 129 of the CAA.  Also, Subpart A of 40 CFR part 62 provides the procedural framework for
the submission of these plans.  

If a state fails to submit a satisfactory plan, the CAA provides the EPA the authority to prescribe a plan for regulating the designated pollutants at the designated facilities. The EPA prescribed plan, also known as a federal plan, is often delegated to states with designated facilities but no EPA approved state-specific plan.  If no such designated facilities exist within a state's jurisdiction, a state may submit to the EPA a letter of certification to that effect (referred to as a negative declaration) in lieu of a state plan to satisfy the state's obligation. 40 CFR 60.23(b) and 62.06.  A negative declaration exempts the state from the requirement to submit a CAA section 111(d)/section 129 plan for that designated pollutant and source category.  40 CFR 60.23(b).

II. Hospital/Medical/Infectious Waste Incinerators
On October 6, 2009 (74 FR 51368), EPA promulgated HMIWI unit new source performance standards, 40 CFR part 60, subpart Ec, and emission guidelines, subpart Ce.  These regulations were amended in an April 4, 2011 final rule (76 FR 18407).

The designated facilities to which the EG apply are existing HMIWI units that: 1) Commenced construction on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or 2) commenced construction 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, with limited exceptions as provided in paragraphs 40 CFR 60.32e(b) through (h).

As discussed above, if there are no designated facilities in the state, the state may submit a negative declaration in lieu of a state plan.  If any subsequently identified existing HMIWI unit is found in a state that had submitted a negative declaration, the Federal plan implementing the emission guidelines for subpart Ce would automatically apply to that HMIWI unit until a state plan is approved.

III.  State Submittals and EPA Analysis
The City of Philadelphia through the Department of Public Health, Air Management Services in the Commonwealth of Pennsylvania (Philadelphia AMS) has determined that there are no HMIWI units subject to CAA 111(d)/129 requirements in their respective jurisdictional boundaries.  Accordingly, Philadelphia AMS has submitted to EPA a negative declaration letter certifying this fact on August 2, 2011.  This negative declaration letter is in the docket for this action and are available online at www.regulations.gov.   

EPA is amending 40 CFR part 62 to reflect the receipt of the negative declaration letter from the Philadelphia AMS.  EPA accepts this negative declaration as meeting the requirements in 40 CFR 60.23(b).  Amendments are being made to 40 CFR part 62, subparts NN (Pennsylvania).  With respect to subpart NN, this action is only applicable to the City of Philadelphia air pollution control agency's jurisdiction; it does not include the remaining geographical areas in the Commonwealth of Pennsylvania.

