Response to Comment  -  EPA-R03-OAR-2017-0453  -  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
Comment: The commenter stated that EPA must ensure that no additional HMIWI units have been constructed since the time of Philadelphia's certification letter. The commenter also asserted that since so much time has passed since the submittal of the negative declaration, EPA cannot rely on such an outdated form of information to ensure no units have been built.

Response: EPA does not agree with the commenter's assertion that EPA must ensure that no additional HMIWI units have been constructed since Philadelphia AMS submitted the negative declaration on August 2, 2011 in order to finalize this action.  As stated in the technical support document for the NPR and the emission guidelines for existing HMIWI units (40 CFR 60 subpart Ce), 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).  (40 CFR 60.32e(a))  Thus, to obtain EPA approval of Philadelphia's negative declaration regarding existing HMIWI units, Philadelphia only needed to assert no HMIWI units exist that commenced construction before December 1, 2008 or commenced modification before April 6, 2010.  Because Philadelphia's August 2, 2011 submittal meets that criterion, Philadelphia's negative declaration did not need to address whether any new units have been constructed since the time of Philadelphia's certification letter on August 2, 2011.  EPA's acceptance of Philadelphia's negative declaration therefore is appropriate.  

HMIWI units constructed in Philadelphia after the above cited dates would be considered "new," as opposed to "existing," and therefore would be subject to a separate rule - 40 CFR 60 subpart Ec, "Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators."  EPA is not aware of any new HMIWI units within the jurisdictional boundaries of Philadelphia AMS.  If EPA became aware of a new HMIWI unit in Philadelphia, it would have no bearing on the approvability of this HMIWI negative declaration because it only pertains to existing sources. 

At the time of Philadelphia's submission, EPA worked with Philadelphia AMS and reviewed Philadelphia's inventory of sources to ensure no existing HMIWI units existed within Philadelphia, and the commenter has not provided any information to the contrary that would cause EPA to reconsider the assessment of Philadelphia AMS's negative declaration.  EPA is therefore finalizing the negative declaration for existing HMIWI units in this action.

