Vol. 78 Monday, 

No. 92 May 13, 2013 

Part III 

Environmental Protection Agency 

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: Hospital/Medical/Infectious 

Waste Incinerators; Final Rule 


tkelley on DSK3SPTVN1PROD with RULES2
28052 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 62 

[EPA–HQ–OAR–2011–0405 and EPA–HQ– 

OAR–2006–0534; FRL–9802–3] 

RIN 2060–AR–11 and RIN 2060–A004 

Federal Plan Requirements for 

Hospital/Medical/Infectious Waste 

Incinerators Constructed On or Before 

December 1, 2008, and Standards of 

Performance for New Stationary 

Sources: Hospital/Medical/Infectious 

Waste Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes 

amendments to the federal plan and the 

new source performance standards for 

hospital/medical/infectious waste 

incinerators. This final action 

implements national standards 

promulgated in the 2009 amendments to 

the hospital/medical/infectious waste 

incinerator emissions guidelines that 

will result in reductions in emissions of 

certain pollutants from all affected 

units. 

DATES: The effective date of this rule is 

June 12, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–HQ–OAR–2011–0405 and 

Legacy Docket ID Number A–98–24. The 

EPA has established a docket for the 

hospital/medical/infectious waste 

incinerator (HMIWI) rules under Docket 

ID Number EPA–HQ–OAR–2006–0534 

and Legacy Docket ID Number 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., Confidential Business Information 

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 final action apply to me? 

B. Where can I get a copy of this 

document? 

C. Judicial Review 

II. Background Information 

A. What is the regulatory development 

background for this final rule? 

B. What is the purpose of this final rule? 

C. What is the status of state plan 

submittals? 

D. What are the elements of the amended 

HMIWI federal plan? 

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. Summary of Changes Since Proposal and 

Response to Public Comments 

A. State Plans and Negative Declarations 

B. Visible Ash Emissions Limitation 

C. Initial and Annual HMIWI Unit 

Inspection 

V. Summary of Final Amendments to HMIWI 

Federal Plan 

A. What are the final amendments to 

applicability? 

B. What are the final amendments to the 

emissions limits? 

C. What are the final amendments to the 

waste management plan requirements? 

D. What are the final amendments to the 

inspection requirements? 

E. What are the final amendments to the 

performance testing and monitoring 

requirements? 

F. What are the final amendments to the 

recordkeeping and reporting 

requirements? 

G. What are the final amendments to the 

compliance schedule? 

H. What are the other final amendments? 

VI. Summary of Final Amendments to 

HMIWI NSPS 

A. What are the final 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: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 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 

K. Congressional Review Act 

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 final 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 emissions 

guidelines (EG), you may be covered by 

this final federal plan. Existing HMIWI 

are those that commenced construction 

on or before December 1, 2008, or 

commenced modification on or before 

April 6, 2010. In addition, if you own 

or operate a new HMIWI, you may be 

covered by this final amended new 

source performance standard (NSPS). 

New HMIWI are those that commenced 

construction after December 1, 2008, or 

commenced modification after April 6, 

2010. Regulated categories and entities 

include those listed in the following 

table. 

Category NAICS* code Examples of regulated entities 

Industry ................................................................... 622110 Private hospitals, other health care facilities, commercial research laboratories, commercial waste disposal companies, private universities. 

622310 


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Category NAICS* code Examples of regulated entities 

325411 

325412 

562213 

611310 

Federal Government .............................................. 622110 Federal hospitals, other health care facilities, public health service, armed 

services. 

541710 

928110 

State/Local/Tribal Government ............................... 622110 State/local hospitals, other health care facilities, state/local waste disposal 

services, state universities. 

562213 

611310 

* 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 final action. To 

determine whether your facility will be 

affected by this amended final action, 

you should examine the applicability 

criteria in § 62.14400 of subpart HHH. If 

you have any questions regarding the 

applicability of the final action to a 

particular entity, contact the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of the final 

action will be available on the World 

Wide Web (WWW) through the EPA’s 

Technology Transfer Network (TTN). 

Following signature, a copy of the final 

action will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at the 

following address: http://www.epa.gov/ 

ttn/oarpg/. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

Additionally in the rule docket, the EPA 

will include a redline strikeout version 

of the full regulatory text, comparing the 

2000 rule text and the today’s final 

amended rule text. 

C. Judicial Review 

Under Clean Air Act (CAA) section 

307(b)(1), judicial review of these final 

rules is available only by filing a 

petition for review in the U.S. Court of 

Appeals for the District of Columbia 

Circuit (the Court) by July 12, 2013. 

Section 307(d)(7)(B) of the CAA further 

provides that ‘‘only an objection to this 

final rule that was raised with 

reasonable specificity during the period 

for public comment can be raised during 

judicial review.’’ This section also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of this rule.’’ Any person 

seeking to make such a demonstration to 

the EPA should submit a Petition of 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, Ariel 

Rios Building, 1200 Pennsylvania Ave. 

NW., Washington, DC 20004, with a 

copy to both of the contacts list in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Council (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20004. Note under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

II. Background Information 

A. What is the regulatory development 

background for this final rule? 

Section 129 of the 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 

equivalency (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 

Court 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 

implemented and enforced 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 Court’s 

remand of HMIWI. (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 


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1See 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. 

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 

concluded 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). 

On April 23, 2012, the EPA proposed 

amendments to the existing HMIWI 

federal plan to implement the amended 

EG adopted on October 6, 2009, for 

those states that do not have an 

approved revised/new state plan 

implementing the EG, as amended, in 

place by October 6, 2011 (77 FR 24272). 

Also on April 23, 2012, the EPA 

proposed to amend the NSPS to better 

reflect our original intent in the October 

6, 2009, final rule in eliminating an 

exemption during startup, shutdown 

and malfunction (SSM) periods from the 

requirement to comply with standards 

at all times (77 FR 24272). Today’s 

action will finalize the amendments to 

the federal plan and NSPS. 

B. What is the purpose of this final rule? 

Section 129 of the CAA relies upon 

states as the preferred implementers of 

EG for existing HMIWI. For the EG to be 

enforceable, it must be implemented 

through either a state plan approved by 

the EPA, or through a federal plan 

promulgated by notice and comment 

rulemaking. To make the HMIWI EG 

enforceable in states with existing 

HMIWI, states are required to submit 

plans that implement and enforce the 

amended EG to the EPA within 1 year 

of promulgation of the EG. For states 

that have existing HMIWI but 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, from 8 states are final 

or currently undergoing EPA review to 

become final. The deadline for 

submitting revised/new state plans for 

EPA review was October 6, 2010. The 

EPA strongly encourages states that are 

unable to submit approvable revised/ 

new plans to request delegation of the 

amended federal. The EPA has not 

received state plans or negative 

declarations from 25 states and or 

territories. Eight states and or territories 

have indicated they intend to accept 

delegation of the federal plan. 

Today’s action finalizes 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 

finalizing amendments to the HMIWI 

federal plan now so that a promulgated 

federal plan will go into place for any 

such states, and 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. The EPA 

estimated a total emissions reduction of 

393,000 pounds per year of the 

regulated pollutants from the 2009 EG, 

of which acid gases (i.e., HCl and SO2) 

comprise about 62 percent, PM about 

0.8 percent, CO about 0.3 percent, NOX

about 37 percent, and metals (i.e., Pb, 

Cd and Hg) and dioxins/furans about 0.2 

percent. The 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 reductions in 

emissions, such as chlorinated plastics 

and PCB-containing wastes. 

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; Illinois; Indiana; West Virginia. 


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STATUS OF STATE PLANS—Continued 

Status States 

II. Anticipated states to submit negative declarations to the EPA.Connecticut; Michigan; Wisconsin. 

III. Negative declaration submitted/EPA approved.Alabama; Jefferson County (Birmingham), Alabama; Arkansas; Delaware; District of Columbia; 

Iowa; Kentucky; Jefferson County (Louisville), Kentucky; Louisiana; Maine; Massachusetts; 

New Hampshire; New York; Forsyth County (Winston-Salem), North Carolina; Buncombe 

County (Asheville), North Carolina; Philadelphia County, Pennsylvania; Puerto Rico; Rhode 

Island; South Carolina; Vermont; Virginia. 

IV. Final state plans submitted to the EPA ........ Maryland; Missouri; North Carolina; North Dakota. 

V. Draft state plans submitted to the EPA. 

VI. States for which the EPA has not received a 

draft or final plan or negative declaration.

Huntsville, Alabama; Alaska, American Samoa; Arizona; Maricopa County, Arizona; Pima 

County, Arizona; Pinal County, Arizona; California; Colorado; Georgia; Guam; Hawaii; Kansas; Mississippi; Montana; Nebraska; Nevada; City of Albuquerque, New Mexico; New Mexico; Mecklenburg County (Charlotte), North Carolina; Ohio; Oklahoma; South Dakota; Tennessee; Texas; Utah; Wyoming. 

VII. Anticipated states to accept delegation of 

federal plan.

Idaho; Minnesota; New Jersey; Oregon; Pennsylvania; Allegheny County, Pennsylvania; Virgin 

Islands; Washington. 

The above list shows which states 

have an EPA approved state plan in 

effect by the date of signature of this 

notice. 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. 

Owners and operators of HMIWI can 

also contact the EPA Regional Office for 

the state in which their HMIWI is 

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

Region Regional contact Phone States and protectorates 

Region I .......... Patrick Bird, bird.patrick@epa.gov ........................... (617) 918–1287 Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont. 

Region II ......... Ted Gardella, gardella.anthony@epa.gov ................ (212) 637–3892 New York, New Jersey, Puerto Rico, Virgin Islands. 

Region III ........ Mike Gordon, gordon.mike@epa.gov ....................... (215) 814–2039 Virginia, Delaware, District of Columbia, Maryland, 

Pennsylvania, West Virginia. 

Region IV ........ Stan Kukier, Kukier.stan@epa.gov ........................... (404) 562–9046 Florida, Georgia, North Carolina, Alabama, Kentucky, Mississippi, South Carolina, Tennessee. 

Region V ......... Margaret Sieffert, sieffert.margaret@epa.gov .......... (312) 353–1151 Minnesota, Wisconsin, Illinois, Indiana, Michigan, 

Ohio. 

Region VI ........ Steve Thompson, thompson.steve@epa.gov ........... (214) 665–2769 Arkansas, Louisiana, New Mexico, Oklahoma, 

Texas. 

Region VII ....... Lisa Hanlon, hanlon.lisa@epa.gov ........................... (913) 551–7599 Iowa, Kansas, Missouri, Nebraska. 

Region VIII ...... Kendra Morrison, Morrison.kendra@epa.gov ........... (303) 312–6145 Colorado, Montana, North Dakota, South Dakota, 

Utah, Wyoming. 

Region IX ........ Joseph Lapka, lapka.joseph@epa.gov ..................... (415) 947–4226 Arizona, California, Hawaii, Nevada, American 

Samoa, Guam, Northern Mariana Islands. 

Region X ......... Heather Valdez, valdez.heather@epa.gov ............... (206) 553–6220 Alaska, Idaho, Oregon, Washington. 

D. What are the elements of the 

amended HMIWI Federal Plan? 

Section 111(d) and 129 of the CAA, as 

amended, 42 U.S.C. 7411(d) and 

7429(b)(2), require states to develop and 

implement state plans for HMIWI to 

implement and enforce the promulgated 

EG. Subparts B and Ce of 40 CFR part 

60 require states to submit state plans 

that include specified elements. Because 

this federal plan is being adopted in lieu 

of state plans, it includes the same 

essential elements: (1) Identification of 

legal authority and mechanisms for 

implementation; (2) inventory of 

HMIWI; (3) emissions inventory; (4) 

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. Each element was 

discussed in detail as it relates to the 

federal plan in the preamble of the 

proposed rule (77 FR 24272). The EPA 

received a total of five public comments 

suggesting corrections to which states 

submitted state plans or negative 

declarations and regulatory text edits 

regarding visible emissions and annual 

inspections. A summary of these 

comments and the EPA’s responses is 

presented in section IV. ‘‘Summary of 

Changes Since Proposal and Response 

to Public Comments’’ of this preamble. 

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, 


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which are listed in § 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 

final amended federal plan. 

B. Does the federal plan apply to me? 

Today’s final amended federal plan 

will 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 will 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 is 

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 is considered a new HMIWI 

and subject to the NSPS. 

Your existing HMIWI will 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 EPAapproved 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 

continues to apply, as amended, under 

the final revised federal plan. The 

amended federal plan will become 

effective 30 days after final 

promulgation of these amendments. 

Once an approved revised/new state 

plan is in effect, the final amended 

federal plan will 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. Today’s 

promulgation of an amended HMIWI 

federal plan will not preclude states 

from submitting a plan or seeking 

delegation of the federal 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 will 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 will be subject to this final 

amended 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 as described in 

section VIII. B. ‘‘Delegation of the 

Federal Plan and Retained Authorities’’. 

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. Summary of Changes Since 

Proposal and Response to Public 

Comments 

Today’s rules will be finalized as 

proposed except in several areas that 

were revised for further clarification as 

a result of public comments received. 

Furthermore, although the EPA did not 

receive adverse comments on the 

schedule for sources to show they have 

met increments of progress, the EPA has 

adjusted the schedule to account for the 

timeframe of signature of this federal 

plan and not impose any deadlines 

retroactively. The EPA received a total 

of five public comments on the 

proposed amended federal plan 

rulemaking, one of which was also 

inadvertently duplicated and submitted 

to the NSPS docket. No public hearing 

was requested, and therefore, none was 

held. After consideration of all the 

public comments received and due to 

the extended timeframe for finalizing 

the rule, the EPA is making several 

changes to the amended federal plan. 

The following section is a summary of 

the public comments received, our 

responses and rationale for the changes 

made. All of the public comments are 

located in the respective dockets, which 

can be accessed by following the 

instructions outlined in the ADDRESSES

section of this preamble. Additional 

discussion on the revisions to the 

schedule for increments of progress can 

be found in section V.G. of this 

preamble. 

A. State Plans and Negative 

Declarations 

Comment: A number of commenters 

identified inadvertent mistakes in the 

table outlining the status of the state 

plan submittals at proposal. 

Specifically, commenters identified that 

the state of Alabama did submit to the 

EPA a formal letter of negative 

declaration declaring that no HMIWI 

unit is located within the boundaries of 

the state. Additionally, commenters 

identified that the states of Missouri and 

North Carolina did in fact obtain state 

plan approval from the EPA. 

Commenters further clarified that the 

state of Alaska withdrew their letter of 

negative declaration submitted to the 

EPA in 2012. 

Response: The EPA agrees with the 

commenters and has corrected the status 

of their state submittals in section II. C. 

of this final preamble. 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. 

B. Visible Ash Emissions Limitation 

Comment: One commenter 

highlighted that proposed section 

62.14412(b) requires all HMIWI to not 

discharge visible emissions of 

combustion ash from an ash conveying 

system to the atmosphere in excess of 5 

percent of the observation period. The 

commenter further identified that the 

2009 EG, by referencing the NSPS, only 

establishes a visible emissions standard 

for combustion ash from an ash 

conveying system for those sources 

defined in section 60.50c(a)(1) and (a)(2) 

(large HMIWI for which construction 

commenced between June 20, 1996, and 

December 1, 2008, or which 

modification commenced between 

March 16, 1998, and April 6, 2010), and 

60.50c(a)(3) and (4) (i.e., those HMIWI 

subject to the NSPS for which 

construction commenced after 

December 1, 2008, or for which 

modification commenced after April 6, 

2010). Existing sources, regulated under 

the EG and as defined in section 

60.32e(a)(1) (HMIWI which construction 

was commenced on or before June 20, 

1996, or for which modification was 

commenced on or before March 16, 

1998), are not required to meet a visible 

emission standard for combustion ash 

from an ash conveying system. The 

commenter requests that the EPA 


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update the amendatory text by deleting 

section 62.14412(b) so that the final 

federal plan reflects the EG. 

Response: The EPA agrees with the 

commenter’s interpretation of proposed 

section 62.14412(b) and the 2009 EG. 

Under the 1997 NSPS in section 

60.52c(c), 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 under 

section 60.56c(b)(12) to conduct annual 

performance tests for fugitive emissions 

from ash handling using EPA Method 

22. The 1997 EG, in sections 60.37e(a) 

and (b), did not apply this 5 percent 

visible emissions limit requirement to 

existing HMIWI. As the commenter 

points out, existing sources, as regulated 

under the 2009 EG and defined in 

section 60.32e(a)(1), are not required to 

meet a visible emission standard for 

combustion ash from an ash conveying 

system. However, in the 2009 

amendments to the EG in sections 

60.37e(a)(2) and (b)(2), the EPA did not 

carry forward the exclusion of the 

minimal testing requirement to the other 

HMIWI that became subject to the 

amended emission standards. The EPA 

explained the reasoning for this in the 

preambles to the 2007 proposal and 

2008 re-proposed EG stating that the 

testing provision was selected to 

provide additional assurance that 

sources continue to operate at the levels 

established during their first 

performance test. Existing HMIWI will 

be required to measure fugitive ash 

emissions during their next performance 

test. Specifically, sections 60.37e(a)(2) 

and 60.37e(b)(2) of the 2009 EG provide 

that facilities defined in section 

60.32e(a)(1) and (a)(2) subject to the 

emissions limits in section 60.33e(a)(2), 

60.33e(a)(3) and 60.33e(b)(2) would no 

longer be excluded from the 

requirement for a one-time fugitive 

emissions test as listed in section 

60.56c(b)(14) of subpart Ec. In order for 

the final amended federal plan to be 

consistent with the 2009 EG, the EPA is 

revising section 62.14412(b) in the 

amendatory regulatory text to clarify 

that the visible emissions limit only 

applies to HMIWI as defined in 

§ 62.14400(a)(2)(ii) and utilizing a large 

HMIWI. Facilities that were already 

subject to the visible emissions ash 

handling standard as new sources under 

the 1998 NSPS, but which are treated as 

existing sources under the 2009 EG, 

remain subject to the limit. 

C. Initial and Annual HMIWI Unit 

Inspection 

Comment: One commenter pointed 

out that section 62.14440(a) and 

62.14441(a) and (b) only address initial 

and annual HMIWI inspection 

requirements for small rural HMIWI; 

however section 60.36e(a) (EG) requires 

each affected source under sections 

60.33e(a)(2) and (a)(3) to undergo 

equipment inspections. Furthermore, 

the commenter stated that section 

62.14463(a)(13) requires records be 

reported of the annual air pollution 

control device inspections, any required 

maintenance and any repairs not 

completed within 10 days of an 

inspection of the time frame established 

by the EPA Administrator, or delegated 

enforcement authority. The commenter 

requests that the EPA revise the 

amendatory text so that the HMIWI 

inspection monitoring, recordkeeping 

and reporting requirements are 

consistent within 40 CFR part 62 

subpart HHH and reflect the intent of 40 

CFR part 60 subpart Ce. 

Response: The EPA agrees with the 

commenter’s interpretation that the 

proposed section 62.14440(a) and 

62.1441(a) and (b) only address initial 

and annual HMIWI inspection 

requirements for small rural HMIWI and 

this is inconsistent with what is 

reflected in the EG at 60.36e. The EG 

requires each affected source subject to 

emissions limitations under sections 

60.33e(b), 60.33e(a)(2) and 60.33e(a)(3) 

to undergo HMIWI equipment and air 

pollution control device inspections. 

The EPA has made minor revisions to 

sections 62.14440, 62.14441 and 

62.14463 in order to clarify that all units 

are required to conduct initial and 

annual HMIWI equipment and air 

pollution control device inspections and 

the inspections must be documented in 

a record and reported to the agency. The 

recordkeeping and reporting 

requirements include documenting and 

submitting to the Administrator or the 

delegated authority any required 

maintenance and any repairs not 

completed within 10 days of an 

inspection. These revisions to the 

amended federal plan will ensure 

consistency with the 2009 EG. 

V. Summary of Final Amendments to 

HMIWI Federal Plan 

A summary of each amended plan 

element of the final amended federal 

plan is described below. 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 mechanism .......................................... Sections 129(b)(3), 111(d), 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 reporting ................................... 40 CFR 62.14440–62.14465. 

Progress reports ....................................................................................... Section V.G. of this preamble. 

A. What are the final amendments to 

applicability? 

Today’s action finalizes the 

amendments to applicability as 

proposed. The amended federal plan 

reflects new dates defining what are 

‘‘existing’’ and ‘‘new’’ sources for 

purposes of the revised 2009 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) are still considered ‘‘existing’’ 

sources under the 2009 amended EG 

and are required to meet the emissions 

limits 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) are 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 


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corresponding 1997 NSPS is more 

stringent, in which case those HMIWI 

are to continue to comply with the 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. 

B. What are the final amendments to the 

emissions limits? 

Today’s action finalizes the revised 

emissions limits as proposed. The 

revised emissions limits mirror the 2009 

EG emissions limits which respond to a 

Court remand of the 1997 regulations 

and satisfies the 5-year review 

requirement under CAA section 

129(a)(5). 

Today’s final action removes the SSM 

exemption from the 2000 federal plan at 

40 CFR 62.14413, and finalizes that the 

emissions limits apply at all times, for 

the same reasons as outlined in the 2009 

EG at 74 FR 51375. Additionally, 

today’s action finalizes two 1997 NSPS 

emissions limits that are more stringent 

than the corresponding 2009 amended 

EG limits. As specified in the 2009 

amended EG, those HMIWI that 

previously complied with the 1997 

NSPS and are now considered existing 

units, would have to continue to comply 

with the more stringent 1997 NSPS 

limits. Furthermore, as promulgated in 

the 2009 amendments to the EG, this 

final amended federal plan requires that 

HMIWI as defined in sections 62.14400 

conduct a one-time initial ash handling 

fugitive emissions test using EPA 

Method 22 to provide additional 

assurance that sources continue to 

operate at the levels established during 

their initial performance test. 

Furthermore, units as defined in 

§ 62.14400(a)(2)(ii) and utilizing a large 

HMIWI are additionally required to 

demonstrate compliance with a 5 

percent visible emissions limit for 

fugitive emissions and test annually 

using EPA Method 22. Lastly, as 

clarified in the 2009 amendments to the 

EG, the EPA added additional columns 

to the emissions limits table in the 

HMIWI federal plan to include 

averaging times and EPA reference test 

methods. 

Table 1 of this preamble summarizes 

the amended EG emissions limits in 

today’s final rule. 

TABLE 1—SUMMARY OF EG EMISSIONS LIMITS PROMULGATED IN RESPONSE TO THE REMAND FOR EXISTING HMIWI 3

Pollutant (units) Unit size 1 Final limit 2

HCl (ppmv) .......... L ................ 6 .6 

M ............... 7 .7 

S ................ 44 

SR ............. 810 

CO (ppmv) .......... L ................ 11 

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). 2All emissions limits are reported as corrected to 7 percent oxygen. 3The 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 final action also 

amends that section of the NSPS to remove 

the accidentally retained SSM exemption. 

Please see section VI of this preamble. 

C. What are the final amendments to the 

waste management plan requirements? 

Today’s action finalizes the waste 

management plan as proposed. The 

amended federal plan’s waste 

management plan provisions reflect the 

2009 EG to promote the segregation of 

chlorinated plastics and PCB-containing 

wastes and specify that commercial 

facilities train and educate their clients 

to conduct their own waste segregation. 

D. What are the final amendments to the 

inspection requirements? 

Today’s action finalizes additional 

rule language that clarify inspection 

requirements that all units are required 

to conduct HMIWI equipment and air 

pollution control device inspections. 

The rule requires that an initial 

inspection be conducted, and, starting 1 

year after that initial inspection, annual 

inspections must be completed, 

documented in a record, and reported to 

the agency. The recordkeeping and 

reporting requirements include 

documenting and submitting to the 

Administrator or the delegated authority 

any required maintenance and any 

repairs not completed within 10 days of 

an inspection. These provisions reflect 

the amended 2009 EG. 

E. What are the final amendments to the 

performance testing and monitoring 

requirements? 

Today’s action finalizes the testing 

and monitoring requirements as 

proposed. 

1. Performance Testing 

First, today’s final amended federal 

plan requires that all HMIWI, including 

small rural units, conduct initial 

performance tests for all nine pollutants 

and opacity to demonstrate initial 

compliance with the revised emissions 

limits and conduct annual performance 

tests on Co, HCl, opacity and PM. The 

amended federal plan allows for less 

frequent testing if the facility 

demonstrates that it is in compliance 

with the emissions limits for three 

consecutive performance tests. 

Second, today’s final amended federal 

plan requires existing HMIWI to 

conduct a test to assess fugitive ash 

emissions during their next performance 

test to provide additional assurance that 

sources continue to operate at the levels 

established during their initial 

performance test. Hospital/Medical/ 

Infectious Waste Incinerators as defined 

in section 62.14400(a)(2)(ii) and 

utilizing a large HMIWI are additionally 

required to meet this provision annually 

in order to demonstrate compliance 

with the 5 percent visible emissions 

limit. 

Third, today’s final amended federal 

plan allows sources 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 certify and/or whose previous 


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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.) 

Fourth, today’s final amended federal 

plan incorporates 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 International 

(ASTM) D6784–02)), discussed further 

in section X.I. titled, ‘‘National 

Technology Transfer and Advancement 

Act (NTTAA),’’ of this preamble. 

2. Monitoring 

Today’s final amended federal plan 

retains previous parameter monitoring 

requirements and, as proposed, adds a 

parameter requirement for those HMIWI 

expected to install selective noncatalytic 

reduction (SNCR) systems in order to 

comply with the more stringent NOX

emissions limits. Those HMIWI 

installing SNCR technology to comply 

with the NOX emissions limit are 

required to continuously monitor the 

charge rate, secondary chamber 

temperature and reagent (e.g., ammonia 

or urea) flow rate. Further, although 

existing HMIWI equipped with fabric 

filters (FFs) are not required to install 

bag leak detectors, use of bag leak 

detectors is an option for these HMIWI. 

Although HMIWI units are not 

required to use CO, HCl, PM, Hg or 

multi-metal continuous emissions 

monitoring systems (CEMS) or sorbent 

trap biweekly Hg and dioxin/furan 

monitoring systems, such systems are 

considered alternative monitoring 

requirements in lieu of annual testing 

for all sources. 

3. Electronic Data Submittal 

Today’s action finalizes the electronic 

data submittal requirements as 

proposed. The EPA is taking a step to 

increase the ease and efficiency of data 

submittal and data accessibility. 

Hospital/Medical/Infectious Waste 

Incinerator facilities have the option of 

submitting to the EPA electronic 

database an electronic copy of annual 

stack test reports. Hard-copy paper 

reporting will remain as an available 

option for HMIWI facilities. 

As stated in the proposed preamble, 

should facilities choose the option of 

electronic data submittal, the data will 

be collected through an electronic 

emissions test report structure called the 

Electronic Reporting Tool (ERT). The 

ERT will generate an electronic report 

which will be submitted to the EPA’s 

Central Data Exchange (CDX) through 

the Compliance and Emissions Data 

Reporting Interface (CEDRI). A 

description of the ERT can be found at: 

http://www.epa.gov/ttn/chief/ert/ 

index.html and CEDRI can be accessed 

through the CDX Web site: 

(www.epa.gov/cdx). 

The option to submit performance test 

data electronically to the EPA does not 

create any additional performance 

testing requirements and will only be an 

option for those performance tests 

conducted using test methods that are 

supported by the ERT. A listing of the 

pollutants and test methods supported 

by the ERT is available at the previously 

mentioned ERT Web site. The EPA 

believes, through this flexible approach, 

industry will save time in the 

performance test submittal process. 

Should HMIWI choose the electronic 

reporting option, the industry will 

benefit by cutting back on 

recordkeeping costs as the performance 

test reports that are submitted to the 

EPA using CEDRI are no longer required 

to be kept on-site. 

As mentioned in the proposed 

preamble, state, local and tribal agencies 

will benefit from more streamlined and 

accurate review of electronic data that 

will be available on the EPA WebFIRE 

database (http://cfpub.epa.gov/webfire/). 

Additionally performance test data will 

become available to the public through 

WebFIRE. Having such data publicly 

available enhances transparency and 

accountability. The major advantages of 

electronic reporting are more fully 

explained in the preamble to the 

proposed rule (77 FR 24272). 

In summary, in addition to supporting 

regulation development, control strategy 

development and other air pollution 

control activities, having an option of an 

electronic database populated with 

performance test data will save 

industry, state, local, tribal agencies and 

the EPA significant time, money and 

effort while improving the quality of 

emission inventories and the data used 

in developing air quality regulations. 

F. What are the final amendments to 

recordkeeping and reporting 

requirements? 

Today’s action finalizes the 

recordkeeping and reporting 

requirements as proposed and clarifies 

which records and reports are 

associated with unit and air pollution 

control device inspections. 

1. Recordkeeping 

Today’s final amended federal plan 

adds the requirement that owners and 

operators must maintain records of the 

amount and type of NOX reagent used, 

records of the annual unit and 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 

Today’s final amended federal plan 

adds requirements for existing HMIWI 

to submit, along with each test report, 

a description of how operating 

parameters were established or reestablished and submit records of 

annual air pollution control device 

inspections (including any 

maintenance). 

G. What are the final amendments to the 

compliance schedule? 

Today’s action finalizes the 

compliance schedule with revisions to 

the proposed schedule. Today’s final 

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. 

This final amended federal plan, 

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 EPA has determined it necessary 

to adjust the schedule for the 

increments of progress to account for 

the timeframe of promulgation of this 

federal plan and to avoid retroactive 

application of any of the increment 

deadlines. The proposed rule would 

have set forth the first two increments 

of progress deadline on October 6, 2012, 

and May 6, 2013, respectively. Since 

this federal plan will be finalized after 

the October 6, 2012 date, the EPA 

revised the schedule for the first two 

incremental deadlines. The EPA has set 

the first and second incremental date to 

be 3 and 7 months following publication 

of this federal plan. The EPA developed 

this schedule using EPA guidance 

drafted for enabling states to draft state 

plans and set increments of progress. 

The 2010 State Implementation 

Guidance Document is available in this 

rulemaking docket and through the 

EPA’s TTN. 

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 

the EPA as each increment of progress 


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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: August 13, 2013. 

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: December 13, 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, onsite 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 final 

amended federal plan, 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 final 

amendments? 

Today’s action finalizes certain other 

amendments as proposed, including 

amending and adding definitions for 

further clarification and updating toxic 

equivalency factors (TEF). 

1. Definitions 

Today’s final action includes the 

following definitions: 

• ‘‘Minimum secondary chamber 

temperature’’; 

• ‘‘Modification or modified HMIWI’’; 

• ‘‘Bag leak detection system’’; 

• ‘‘Commercial HMIWI’’; and 

• ‘‘Minimum reagent flow rate.’’ 

2. Toxicity Equivalence Factors 

Today’s final amended federal plan 

incorporates the latest revisions to the 

TEFs as listed in amended Table 2 to 

subpart HHH in today’s action. These 

revisions are a result of the January 6, 

2011, Federal Register notice, where 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). 

The revised methodology includes the 

following changes to TEFs that HMIWI 

would use to determine compliance 

with the HMIWI dioxin/furan TEQ 

emissions limits: 

Dioxin/furan congener 

Toxicity equivalency factors 

1997 EG/2000 federal plan 

Today’s proposed 

amendments to 

federal plan 

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin ............................................................................................ 0 .5 1 

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 

VI. Summary of Final Amendments to 

HMIWI NSPS 

A. What are the final amendments to 

the emissions limits? 

Today’s action finalizes the NSPS 

amendments as proposed. The final 

amendment to the HMIWI NSPS 

removes section 60.56c(d)(2) of subpart 

Ec which excluded HMIWI units from 

having to comply with standards during 

periods of SSM provided that no 

hospital waste or medical/infectious 

waste was being charged to the unit 

during those SSM periods. The EPA 

inadvertently failed to delete the SSM 

exemption we had intended to eliminate 

in the 2009 NSPS. The 2009 EG and 

NSPS requires that the emissions limits, 

regardless of a SSM event, be met at all 

times. To better reflect the EPA’s intent 


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in the 2009 final rule, today’s final 

action also amends 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 Court’s 2008 Sierra Club v. 

EPA ruling. Our rationale for this 

amendment was presented in the 

October 6, 2009, final rule, at 74 FR 

51368, 51375 and 51393–95 (October 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 finalizes the removal of the 

SSM exemption from the 2000 federal 

plan at 40 CFR 62.14413, and finalizes 

the requirement 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 EPA did not receive any adverse 

comments on this provision and is 

therefore finalizing this section as 

proposed at 77 FR 24283. Under today’s 

final amended federal plan if, for 

compliance purposes, you plan to 

permanently close your currently 

operating HMIWI, you must do so by 

May 13, 2014. As described in the 

proposed preamble, the final 

amendments will allow HMIWI owners 

or operators who 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 onsite incineration while the alternative 

technology is being installed. The 

requirements for a petition for an 

extension to shutdown under today’s 

final federal plan will update the 

compliance date requirements set forth 

at § 62.14471 of subpart HHH. 

If you continue to operate your 

HMIWI 1 year after May 13, 2014, then 

you must comply with the operator 

training and qualification requirements 

and the inspection requirements of the 

plan by May 13, 2014. 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 

The EPA did not receive any adverse 

comments on this provision and is 

therefore finalizing this section as 

proposed at 77 FR 24283. Today’s final 

amended 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 final amended federal plan. 

A HMIWI that has been rendered 

inoperable will not be covered by this 

amended federal plan. The HMIWI 

owner or operator may do one of 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 

The EPA did not receive any adverse 

comments on this provision and is 

therefore finalizing this section as 

proposed at 77 FR 24283. Today’s final 

amended federal plan 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 any needed 

retrofit or process modifications prior to 

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 violation of the final 

amended federal plan and subject to 

enforcement action. 

VIII. Implementation of the Federal 

Plan and Delegation 

A. Background of Authority 

The EPA did not receive any adverse 

comments on this section and is 

therefore finalizing this section as 

proposed at 77 FR 24284. 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 because the EPA believes that 

state and local agencies not only have 


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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 

The EPA did not receive any adverse 

comments on this section and is 

therefore finalizing this section as 

proposed at 77 FR 24284. 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 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 final 

amended federal plan also specifies that 

HMIWI 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 

The EPA did not receive any adverse 

comments on this section and is 

therefore finalizing this section as 

proposed at 77 FR 24284. 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 the 

same as those first outlined in the 2000 

federal plan and 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 

state plan covering those HMIWI is 

approved and effective. Prior to 

disapproval, the 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 authorities 

retain by the EPA. 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 did not receive any adverse 

comments on this section and is 

therefore finalizing this section as 


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2See, e.g., the ‘‘Title V and Delegation of a 

Federal Plan’’ section of the proposed federal plan 

for Commercial Industrial Solid Waste Incinerators 

(CISWI), November 25, 2002 (67 FR 70640, 70652). 

The preamble language from this section in the 

proposed federal plan for CISWI was reaffirmed in 

the final federal plan for CISWI, October 3, 2003 (68 

FR 57518, 57535). 

3 If the Administrator chooses to retain certain 

authorities under a standard, those authorities 

cannot be delegated, e.g., alternative methods of 

demonstrating compliance. 

4The 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). 

5 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. 

proposed at 77 FR 24285. 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 

The EPA did not receive any 

comments on this section and is 

therefore finalizing this section as 

proposed at 77 FR 24285. 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 abovenoted 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). 

As described in the April 23, 2012 

proposal, today’s final amended 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 § 62.14490 of 

subpart HHH, must comply only with 

certain recordkeeping and reporting 

requirements set forth in today’s final 

amended federal plan. (See § 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 

comply with the recordkeeping and 

reporting requirements, including 

maintaining records for five years, set 

forth as conditions for their exemption. 

As described in the April 23, 2012 

proposal, the EPA or delegated 

enforcement authority will maintain 

facilities’ exemption claims for as long 

as the source is operating under such 

exempt status. 

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 controlrelated recordkeeping and reporting 

requirements. (See § 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 final rule, 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 that 

issuance of a Title V permit is not 

equivalent to the approval of a state 

plan or delegation of a federal plan.2

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.3

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.4 Some 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 

permitting.5 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 


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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 

V.G. of this preamble titled ‘‘What are 

the final amendments to the compliance 

schedule?’’. 

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. 

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 finalizes an amended federal plan 

and finalizes amendments to the 2009 

NSPS. Since this final amended 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 final NSPS amendments clarify the 

EPA’s original intent removing the SSM 

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 final 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). 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden. This 

action finalizes amendments to the 

HMIWI federal plan to implement the 

amended EG adopted on October 6, 

2009, for those states that do not have 

an approved revised/new state plan 

implementing the EG. Additionally, this 

action also finalizes amendments to the 

NSPS to better reflect the EPA’s original 

intent in the October 6, 2009, final rule 

in eliminating an exemption during 

SSM periods from the requirement to 

comply with standards at all times. 

However, the 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 final 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-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final 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 final rule will not impose 

any requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This final 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 

one 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 

final 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, this rule is not subject to the 

requirements of sections 202 or 205 of 

the UMRA. 

This rule is also not subject to the 

requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

EPA has determined that the final 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. 

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 


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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 final 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 solicited comments 

on the April 23, 2012, proposal from 

state and local officials. The EPA did 

not receive any comments. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This final 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 final 

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 final 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 final 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 final rulemaking involves 

technical standards. The EPA finalizes 

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 final rule, as proposed, 

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 final rule, as proposed, 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 International, 

100 Barr Harbor Drive, Post Office Box 

C700, West Conshohocken, PA 19428– 

2959; or ProQuest, 300 North Zeeb 

Road, Ann Arbor, MI 48106. 

As discussed in the April 23, 2012, 

proposed rule preamble, while the EPA 

has identified 16 VCS as being 

potentially applicable to the final 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 final rule. See the 

docket for the 2009 EG (Docket ID 

Number EPA–HQ–OAR–2006–0534), 

which is being implemented under 

today’s final 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 did not receive any 

comments on this aspect of the 

proposed rulemaking. 

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 lowincome populations in the United 

States. 

The EPA has determined that this 

final 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 final 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. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C., 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect the 

agency promulgating the rule must 

submit a report, which includes a copy 

of the rule, to each House of Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this final rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C., 804(2). This final rule will 

be effective on June 12, 2013. 

List of Subjects 

40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 


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Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: April 4, 2013 

Bob Perciasepe, 

Acting Administrator. 

For reasons set out in the preamble, 

40 CFR parts 60 and 62 are amended as 

follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES: HOSPITAL/ 

MEDICAL/INFECTIOUS WASTE 

INCINERATORS 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

■ 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 

■ 3. Section 60.56c is amended by 

revising the first sentence of paragraph 

(d)(2) to read as follows: 

§ 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 

§ 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—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 4. The authority citation for part 62 

continues to read as follows: 

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

■ 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: 

§ 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 (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 (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 (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 (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: 

§ 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 §§ 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, 

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: 


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§ 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 Number EPA–HQ–OAR– 

2011–0405 for the federal plan. Review 

the applicability of § 62.14400 to 

determine if you are subject to this 

subpart. 

■ 9. Section 62.14403 is revised to read 

as follows: 

§ 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: 

§ 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 as defined in 

§ 62.14400(a)(2)(ii) and utilizing a large 

HMIWI 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: 

§ 62.14413 When do the emissions limits 

and stack opacity and visible emissions 

requirements apply? 

The emissions limits, stack opacity, 

and visible emissions requirements of 

this subpart apply at all times. 

■ 12. Section 62.14422 is amended by 

revising paragraph (a)(13) and adding 

paragraph (a)(14) to read as follows: 

§ 62.14422 What are the requirements for a 

training course that is not part of a Stateapproved program? 

(a) * * * 

(13) Recordkeeping requirements; and 

(14) Training in waste segregation 

according to § 62.14430(c) 

* * * * * 

■ 13. Section 62.14425 is amended by 

revising paragraph (b) to read as follows: 

§ 62.14425 When must I review the 

documentation? 

* * * * * 

(b) You must conduct your initial 

review of the information listed in 

§ 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: 

§ 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 biphenylcontaining 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 Number 

057007) is available for purchase from 

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: 

§ 62.14432 When must my waste 

management plan be completed? 

As specified in §§ 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 § 62.14451(e) are met. 

■ 16. Section 62.14440 is revised to read 

as follows: 

§ 62.14440 Which HMIWI are subject to 

inspection requirements? 

(a) All HMIWI, including small rural 

HMIWI (defined in § 62.14490) and each 

HMIWI (subject to emissions limits and 

visible emissions requirements in 

§§ 62.14411 and 62.14412) are subject to 

the HMIWI equipment 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: 


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§ 62.14441 When must I inspect my HMIWI 

equipment and air pollution control 

devices? 

(a) You must inspect your large, 

medium, small or small rural HMIWI 

equipment by May 13, 2014. 

(b) You must conduct inspections of 

your large, medium, small or small rural 

HMIWI equipment as outlined in 

§ 62.14442(a) annually (no more than 12 

months following the initial inspection 

or previous annual HMIWI equipment 

inspection). 

(c) You must inspect the air pollution 

control devices on your large, medium, 

small or small rural HMIWI by May 13, 

2014. 

(d) You must conduct the air 

pollution control device inspections on 

your large, medium, small or small rural 

HMIWI as outlined in § 62.14442(b) 

annually (no more than 12 months 

following the initial inspection or 

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)(17); 

■ b. By redesignating introductory text 

as paragraph (a) introductory text and 

revising it; 

■ c. By redesignating newly 

redesignated paragraph (a)(17) as (a)(18) 

and adding new paragraph (a)(17); and 

■ d. By adding new paragraph (b). 

The revisions and additions read as 

follows: 

§ 62.14442 What must my inspections 

include? 

(a) At a minimum, you must do the 

following during your HMIWI 

equipment inspection: 

* * * * * 

(17) Include inspection elements 

according to manufacturer’s 

recommendations; and 

* * * * * 

(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: 

§ 62.14443 When must I do repairs? 

(a) You must complete any necessary 

repairs to the HMIWI equipment within 

10 operating days of the HMIWI 

equipment 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 equipment 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 conduct repairs to your air 

pollution control device, all emissions 

standards remain in effect according to 

§ 62.14413. 

§ 62.14450 [Removed and Reserved] 

■ 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). 

The revisions and additions read as 

follows: 

§ 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 § 62.14452. 

(b) * * * 

(3) If you use a large HMIWI that 

commenced construction or 

modification according to 

§ 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 § 62.14452. Previous emissions 

test results obtained using the EPAaccepted 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) and revising it; 

■ c. By redesignating paragraph (m) as 

paragraph (r); 

■ d. By redesignating paragraphs (g) 

through (k) as paragraphs (i) through (m) 

and revising them; 

■ f. By adding new paragraphs (g) and 

(h); and 

■ g. By adding paragraphs (n), (p), and 

(q). 

The revisions and additions read as 

follows: 

§ 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 


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particulate matter (PM) emissions. You 

may use bag leak detection systems, as 

specified in § 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; 

(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 § 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 

§ 62.14411, you must use the following 

procedures to determine compliance: 

(1) Measure the concentration of each 

dioxin/furan tetra-through octacongener 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 multimetals 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 measure fugitive ash emissions 

and determine compliance with the 

fugitive ash emissions limit, as 

applicable, under § 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 §§ 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, multimetals), 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 sitespecific 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 by 

revising paragraphs (a) introductory 

text, (a)(2) and (b) to read as follows: 

§ 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 


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28070 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

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 

§ 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 

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 

§ 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 by 

revising paragraphs (a) through (c) and 

adding paragraph (e) to read as follows: 

§ 62.14454 How must I monitor the 

required parameters? 

(a) Except as provided in 

§§ 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 

§ 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 § 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 amended as 

follows: 

■ a. By revising paragraphs (a) through 

(e); 

■ b. By redesignating paragraphs (f) 

through (h) as paragraphs (g) through (i); 

■ c. By adding new paragraph (f) ; and 

■ d. By revising newly redesignated 

paragraphs (g) and (h). 

The revisions and addition read as 

follows: 

§ 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: 


tkelley on DSK3SPTVN1PROD with RULES2
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And your HMIWI . . . Then you are in violation of . . . 

Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber 

temperature (3-hour rolling average) simultaneously.

The PM, CO and dioxin/furan emissions limits. 

(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: 

And your HMIWI . . . Then you are in violation of . . . 

(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber 

temperature (3-hour rolling average) simultaneously.

The CO emissions limit. 

(2) Operates above the maximum FF inlet temperature (3-hour rolling average), 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.

The dioxin/furan emissions limit. 

(3) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum HCl sorbent flow rate 

(3-hour rolling average) simultaneously.

The HCl emissions limit. 

(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum Hg sorbent flow rate 

(3-hour rolling average) simultaneously.

The Hg emissions limit. 

(5) Uses the bypass stack ............................................................................................................... The PM, dioxin/furan, HCl, Pb, Cd and Hg 

emissions limits. 

(6) Operates above the CO emissions limit as measured by a CO CEMS, as specified in 

§ 62.14452(o).

The CO emissions limit. 

(7) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate 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.

The PM emissions limit.a

(8) Uses a bag leak detection system, as specified in § 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.

The opacity limit.a

(9) Operates above the PM emissions limit as measured by a PM CEMS, as specified in 

§ 62.14452(o).

The PM emissions limit. 

(10) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in 

§ 62.14452(o).

The HCl emissions limit. 

(11) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Pb emissions limit. 

(12) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Cd emissions limit. 

(13) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Hg emissions limit. 

(14) Operates above the dioxin/furan emissions limit as measured by a continuous automated 

sampling system, as specified in § 62.14452(p).

The dioxin/furan emissions limit. 

(15) Operates above the Hg emissions limit as measured by a continuous automated sampling 

system, as specified in § 62.14452(q).

The Hg emissions limit. 

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: 

And your HMIWI . . . Then you are in violation of . . . 

(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber 

temperature (3-hour rolling average) simultaneously.

The CO emissions limit. 

(2) Operates above the maximum charge rate (3-hour rolling average for continuous and 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.

The PM emissions limit. 


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28072 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

And your HMIWI . . . Then you are in violation of . . . 

(3) Operates above the maximum charge rate (3-hour rolling average for continuous and 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.

The dioxin/furan emissions limit. 

(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum scrubber liquor pH 

(3-hour rolling average) simultaneously.

The HCl emissions limit. 

(5) Operates above the maximum flue gas temperature (3-hour rolling average) and above the 

maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily 

average for batch HMIWI) simultaneously.

The Hg emissions limit. 

(6) Uses the bypass stack ............................................................................................................... The PM, dioxin/furan, HCl, Pb, Cd and Hg 

emissions limits. 

(7) Operates above the CO emissions limit as measured by a CO CEMS, as specified in 

§ 62.14452(o).

The CO emissions limit. 

(8) Operates above the PM emissions limit as measured by a PM CEMS, as specified in 

§ 62.14452(o).

The PM emissions limit. 

(9) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in 

§ 62.14452(o).

The HCl emissions limit. 

(10) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Pb emissions limit. 

(11) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Cd emissions limit. 

(12) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Hg emissions limit. 

(13) Operates above the dioxin/furan emissions limit as measured by a continuous automated 

sampling system, as specified in § 62.14452(p).

The dioxin/furan emissions limit. 

(14) Operates above the Hg emissions limit as measured by a continuous automated sampling 

system, as specified in § 62.14452(q).

The Hg emissions limit. 

(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: 

And your HMIWI . . . Then you are in violation of . . . 

(1) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum secondary chamber 

temperature (3-hour rolling average) simultaneously.

The CO emissions limit. 

(2) Operates above the maximum fabric filter inlet temperature (3-hour rolling average), 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.

The dioxin/furan emissions limit. 

(3) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum scrubber liquor pH 

(3-hour rolling average) simultaneously.

The HCl emissions limit. 

(4) Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent HMIWI, daily average for batch HMIWI) and below the minimum Hg sorbent flow rate 

(3-hour rolling average) simultaneously.

The Hg emissions limit. 

(5) Uses the bypass stack ............................................................................................................... The PM, dioxin/furan, HCl, Pb, Cd and Hg 

emissions limits. 

(6) Operates above the CO emissions limit as measured by a CO CEMS, as specified in 

§ 62.14452(o).

The CO emissions limit. 

(7) Uses a bag leak detection system, as specified in § 62.14454(e), to demonstrate 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.

The PM emissions limit.a

(8) Uses a bag leak detection system, as specified in § 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.

The opacity limit.a

(9) Operates above the PM emissions limit as measured by a PM CEMS, as specified in 

§ 62.14452(o).

The PM emissions limit. 

(10) Operates above the HCl emissions limit as measured by an HCl CEMS, as specified in 

§ 62.14452(o).

The HCl emissions limit. 

(11) Operates above the Pb emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Pb emissions limit. 

(12) Operates above the Cd emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Cd emissions limit. 

(13) Operates above the Hg emissions limit as measured by a multi-metals CEMS, as specified 

in § 62.14452(o).

The Hg emissions limit. 


tkelley on DSK3SPTVN1PROD with RULES2
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And your HMIWI . . . Then you are in violation of . . . 

(14) Operates above the dioxin/furan emissions limit as measured by a continuous automated 

sampling system, as specified in § 62.14452(p).

The dioxin/furan emissions limit. 

(15) Operates above the Hg emissions limit as measured by a continuous automated sampling 

system, as specified in § 62.14452(q).

The Hg emissions limit. 

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: 

And your HMIWI . . . Then you are in violation of . . . 

Operates above the maximum charge rate (3-hour rolling average for continuous and intermittent 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.

The NOX emissions limit. 

(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. 

(h) If you are using a CEMS to 

demonstrate compliance with any of the 

emissions limits in table 1 of this 

subpart or § 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 revising paragraph (b)(1) 

■ b. By redesignating paragraphs (b)(7) 

through (15) as paragraphs (b)(8) 

through (16); 

■ c. By adding new paragraph (b)(7); 

■ d. By revising newly designated 

paragraph (b)(16); 

■ e. By adding paragraphs (b)(17) 

through (19); and 

■ f. By revising paragraphs (c), (e), and 

(f). 

The revisions and additions read as 

follows: 

§ 62.14460 What records must I maintain? 

* * * * * 

(a) * * * 

(b) * * * 

(1) Concentrations of any pollutant 

listed in table 1, measurements of 

opacity and visible ash; 

* * * * * 

(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 § 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 (19) 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 (19) 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 

(3); 

■ b. By revising newly designated 

paragraphs (a)(1) and (2); 

■ c. By adding paragraph (a)(4); 

■ d. By redesignating the section 

introductory text as paragraph (a) 

introductory text; 

■ e. By redesignating paragraphs (d) 

through (k) as paragraphs (a)(5) through 

(12); 

■ f. By revising newly designated 

paragraphs (a)(5), (11), and (12); 

■ g. By adding paragraphs (a)(13) 

through (15); and 

■ h. By adding new paragraph (b). 

The revisions and additions read as 

follows: 

§ 62.14463 What reporting requirements 

must I satisfy? 

(a) * * * 

(1) The initial performance test data 

as recorded under § 62.14451(a); 

(2) The values for the site-specific 

operating parameters established 

pursuant to § 62.14453, as applicable, 

and a description, including sample 

calculations, of how the operating 

parameters were established during the 

initial performance test; 

* * * * * 


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(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 § 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 § 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 § 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 paragraphs (a) and (b) 

and adding paragraph (d) to read as 

follows: 

§ 62.14464 When must I submit reports? 

(a) You must submit the information 

specified in § 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 

§ 62.14463(a)(5) through (14), as 

applicable. 

* * * * * 

(d) You must submit your petition for 

site-specific operating parameters 

specified in § 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 (v); and 

■ f. By revising paragraph (b)(3). 

The revisions read as follows: 

§ 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 May 13, 

2014, 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 May 13, 2014. 

(2) You must achieve final 

compliance by May 13, 2014. 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 

§ 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 May 

13, 2014, but before October 6, 2014, 

then you must complete the 

requirements of paragraphs (b)(1) 

through (4) of this section. 

(1) You must comply with the 

operator training and qualification 

requirements and inspection 

requirements (if applicable) of this 

subpart by May 13, 2014. 

(2) * * * 

(i) You must submit a final control 

plan by May 13, 2016. 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 onsite construction, on-site installation of 

emissions control equipment or 

incorporation of process changes by 

December 13, 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 

§ 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) 

introductory text and (b)(1)(i); and 

■ d. By revising paragraphs (b)(2) and 

(3). 

The revisions read as follows: 

§ 62.14471 When must I comply with this 

subpart if I plan to shutdown? 

* * * * * 

(a) If you plan to shutdown by May 

13, 2014, rather than come into 

compliance with the requirements of 

this subpart, then you must shutdown 

by May 13, 2014, to avoid coverage 

under any of the requirements of this 

subpart. 

(b) If you plan to shutdown rather 

than come into compliance with the 


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requirements of this subpart but are 

unable to shutdown by [May 13, 2014, 

then you may petition the EPA for an 

extension by following the procedures 

outlined in paragraphs (b)(1) through (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 May 13, 2014, 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 

(ii) * * * 

(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 May 13, 2014. 

■ 31. Section 62.14472 is amended as 

follows: 

■ a. By revising paragraph (a); 

■ b. By revising paragraph (b) 

introductory text; 

■ c. By revising paragraphs (b)(1) and 

(4); 

■ d. By revising paragraph (c) 

introductory text; and 

■ e. By revising paragraph (c)(1). 

The revisions read as follows: 

§ 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 § 63.14470(a) if you restart 

prior to May 13, 2014; or 

(2) Meet the compliance schedule 

outlined in § 62.14470(b) if you restart 

after May 13, 2014. Any missed 

increments of progress need to be 

completed prior to or upon the date of 

restart. 

(b) If you plan to shutdown by May 

13, 2014, 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 May 13, 

2014. 

* * * * * 

(4) You must conduct the initial 

performance test required by 

§ 62.14451(a) within 180 days after the 

date when you restart. 

* * * * * 

(c) If you plan to shutdown after May 

13, 2014, and restart after October 6, 

2014, then you must complete the 

requirements of paragraphs (c)(1) and 

(2) of this section. 

(1) You must petition the EPA for an 

extension by following the procedures 

outlined in § 63.14471(b)(1) through (3). 

* * * * * 

■ 32. Section 62.14490 is amended as 

follows: 

■ 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.’’ 

The revisions and additions read as 

follows: 

§ 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, lighttransmittance 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, 

Where: 

C = HMIWI capacity, lb/hr 

PV= primary chamber volume, ft3

15,000 = primary chamber heat release rate 

factor, Btu/ft3/hr 

8,500 = standard waste heating value, Btu/lb; 

(2) For batch HMIWI, 

Where: 

C = HMIWI capacity, lb/hr 

PV = primary chamber volume, ft3

4.5 = waste density, lb/ft3

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 by 

revising paragraph (b) and adding 

paragraphs (c) through (e) to read as 

follows: 

§ 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). 

34. Table 1 to Subpart HHH is revised 

to read as follows: 


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TABLE 1 TO SUBPART HHH OF PART 62—EMISSIONS LIMITS FOR SMALL RURAL, SMALL, MEDIUM AND LARGE HMIWI 

For the air pollutant 

You must meet this emissions limit 

With these units 

(7 percent oxygen, 

dry basis) 

Using this 

averaging time a

And determining 

compliance using 

this method b

HMIWI size 

Small rural Small Medium Large 

Particulate matter .. 87 (0.038) ... 66 (0.029) ... 46 (0.020) c

34 (0.015) d

25 (0.011) ... Milligrams per dry 

standard cubic 

meter (grains 

per dry standard 

cubic foot).

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 5 of appendix A–3 of 

part 60, or EPA 

Reference 

Method M 26A 

or 29 of appendix A–8 of part 

60 

Carbon monoxide 20 ................ 20 ................ 5.5 ............... 11 ................ Parts per million 

by volume.

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 10 or 

10B of appendix 

A–4 of part 60 

Dioxins/furans ....... 240 (100) or 

5.1 (2.2).

16 (7.0) or 

0.013 

(0.0057).

0.85 (0.37) 

or 0.020 

(0.0087).

9.3 (4.1) or 

0.054 

(0.024).

Nanograms per 

dry standard 

cubic meter total 

dioxins/furans 

(grains per billion dry standard cubic feet) 

or nanograms 

per dry standard 

cubic meter 

TEQ (grains per 

billion dry standard cubic feet).

3-run average (4- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 23 of 

appendix A–7 of 

part 60 

Hydrogen chloride 810 .............. 44 c ..............

15 d ..............

7.7 ............... 6.6 ............... Parts per million 

by volume.

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 26 or 

26A of appendix 

A–8 of part 60 

Sulfur dioxide ........ 55 ................ 4.2 ............... 4.2 ............... 9.0 ............... Parts per million 

by volume.

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 6 or 6C 

of appendix A–4 

of part 60 

Nitrogen oxides ..... 130 .............. 190 .............. 190 .............. 140 .............. Parts per million 

by volume.

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 7 or 7E 

of appendix A–4 

of part 60 

Lead ...................... 0.50 (0.22) .. 0.31 (0.14) .. 0.018 

(0.0079).

0.036 

(0.016).

Milligrams per dry 

standard cubic 

meter (grains 

per thousand 

dry standard 

cubic feet).

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 29 of 

appendix A–8 of 

part 60 

Cadmium ............... 0.11 (0.048) 0.017 

(0.0074).

0.013 

(0.0057).

0.0092 

(0.0040).

Milligrams per dry 

standard cubic 

meter (grains 

per thousand 

dry standard 

cubic feet).

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 29 of 

appendix A–8 of 

part 60 

Mercury ................. 0.051 

(0.0022).

0.014 

(0.0061).

0.025 

(0.011).

0.018 

(0.0079).

Milligrams per dry 

standard cubic 

meter (grains 

per thousand 

dry standard 

cubic feet).

3-run average (1- 

hour minimum 

sample time per 

run).

EPA Reference 

Method 29 of 

appendix A–8 of 

part 60 

aExcept as allowed under §§ 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 

§ 62.14452(d) and (m). c Limits for those HMIWI for which construction or modification was commenced according to § 62.14400(a)(2)(i). 

d Limits for those HMIWI for which construction or modification was commenced according to § 62.14400(a)(2)(ii). 

35. Table 2 to Subpart HHH is revised 

to read as follows: 


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TABLE 2 TO SUBPART HHH OF PART 62—TOXIC EQUIVALENCY FACTORS

Dioxin/furan congener Toxic equivalency 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 

36. 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

Operating 

parameters 

to be 

monitored 

Minimum frequency HMIWI 

Data measurement Data recording 

HMIWI with 

combustion 

control only 

HMIWI with 

dry scrubber 

followed by FF 

HMIWI with 

wet scrubber 

HMIWI with 

dry scrubber 

followed by FF 

and wet scrubber 

HMIWI with 

SNCR system 

Maximum operating parameters: 

Maximum 

charge rate.

Once per charge .... Once per charge .... ✓ ✓ ✓ ✓ ✓ 

Maximum FF 

inlet temperature.

Continuous ............. Once per minute .... ........................ ✓ ........................ ✓ ........................

Maximum 

flue gas 

temperature.

Continuous ............. Once per minute .... ........................ ........................ ✓ ✓ ........................

Minimum operating parameters: 

Minimum 

secondary 

chamber 

temperature.

Continuous ............. Once per minute .... ✓ ✓ ✓ ✓ ✓ 

Minimum 

dioxin/ 

furan sorbent flow 

rate.

Hourly .................... Once per hour ....... ........................ ✓ ........................ ✓ ........................

Minimum HCl 

sorbent 

flow rate.

Hourly .................... Once per hour ........ ........................ ✓ ........................ ✓ ........................

Minimum 

mercury 

(Hg) sorbent flow 

rate.

Hourly .................... Once per hour ........ ........................ ✓ ........................ ✓ ........................


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TABLE 3 TO SUBPART HHH OF PART 62—OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT

AND RECORDING FREQUENCIES—Continued 

Operating 

parameters 

to be 

monitored 

Minimum frequency HMIWI 

Data measurement Data recording 

HMIWI with 

combustion 

control only 

HMIWI with 

dry scrubber 

followed by FF 

HMIWI with 

wet scrubber 

HMIWI with 

dry scrubber 

followed by FF 

and wet scrubber 

HMIWI with 

SNCR system 

Minimum 

pressure 

drop 

across the 

wet scrubber or minimum 

horsepower or 

amperage 

to wet 

scrubber.

Continuous ............. Once per minute .... ........................ ........................ ✓ ✓ ........................

Minimum 

scrubber 

liquor flow 

rate.

Continuous ............. Once per minute .... ........................ ........................ ✓ ✓ ........................

Minimum 

scrubber 

liquor pH.

Continuous ............. Once per minute .... ........................ ........................ ✓ ✓ ........................

Minimum reagent flow 

rate.

Hourly .................... Once per hour ....... ........................ ........................ ........................ ........................ ✓ 

[FR Doc. 2013–09427 Filed 5–10–13; 8:45 am] 

BILLING CODE 6560–50–P 


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