24272 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 62 

[EPA–HQ–OAR–2011–0405 and EPA–HQ– 

OAR–2006–0534; FRL–9660–1] 

RIN 2060–AR11 

Federal Plan Requirements for 

Hospital/Medical/Infectious Waste 

Incinerators Constructed on or Before 

December 1, 2008 and Standards of 

Performance for New Stationary 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On October 6, 2009, the EPA 

adopted amendments to the September 

15, 1997, new source performance 

standards and emissions guidelines for 

hospital/medical/infectious waste 

incinerators. The amendments were 

developed in response to the March 2, 

1999, remand of the 1997 hospital/ 

medical/infectious waste incinerators 

regulations by the U.S. Court of Appeals 

for the District of Columbia Circuit (the 

Court), which requested further 

explanation of the EPA’s reasoning in 

determining the minimum regulatory 

emission standards for new and existing 

hospital/medical/infectious waste 

incinerators. Today’s action proposes 

amendments to the hospital/medical/ 

infectious waste incinerators federal 

plan to implement the amended 

emission guidelines adopted on October 

6, 2009, for those states that do not have 

an approved revised/new state plan 

implementing the emission guidelines, 

as amended, in place by October 6, 

2011. Today’s action also proposes to 

amend the new source performance 

standards to better reflect our original 

intent in the October 6, 2009, final rule 

in eliminating an exemption during 

startup, shutdown and malfunction 

periods from the requirement to comply 

with standards at all times. 

DATES: Comments. Comments must be 

received on or before June 7, 2012. 

Because of the need to revise the 

hospital/medical/infectious waste 

incinerators (HMIWI) federal plan in a 

timely manner, the EPA does not expect 

to grant requests for extensions beyond 

this date. 

Public Hearing. If anyone contacts the 

EPA by May 3, 2012 requesting to speak 

at a public hearing, the EPA will hold 

a public hearing on May 8, 2012. 

ADDRESSES: Submit your comments on 

the federal plan requirements proposed 

rule, identified by Docket ID No. EPA– 

HQ–OAR–2011–0405, by one of the 

following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: Send your comments via 

electronic mail to a-and-rDocketa@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2011–0405. 

• Facsimile: Fax your comments to 

(202) 566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2011–0405. 

• Mail: Send your comments to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2011– 

0405. Please include a total of two 

copies. We request that a separate copy 

also be sent to the contact person 

identified below (see FOR FURTHER

INFORMATION CONTACT). 

• Hand Delivery: Deliver your 

comments to: EPA Docket Center (EPA/ 

DC), EPA West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20004, Attention 

Docket ID No. EPA–HQ–OAR–2011– 

0405. Such deliveries are accepted only 

during the normal hours of operation 

(8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays) and 

special arrangements should be made 

for deliveries of boxed information. 

Submit your comments on the new 

source performance standards (NSPS) 

final rule amendments, identified by 

Docket ID No. EPA–HQ–OAR–2006– 

0534, by one of the following methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• Email: Send your comments via 

electronic mail to a-and-rDocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2006–0534. 

• Facsimile: Fax your comments to 

(202) 566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2006–0534. 

• Mail: Send your comments to: EPA 

Docket Center (EPA/DC), Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OAR–2006– 

0534. Please include a total of two 

copies. We request that a separate copy 

also be sent to the contact person 

identified below (see FOR FURTHER

INFORMATION CONTACT). 

• Hand Delivery: Deliver your 

comments to: EPA Docket Center (EPA/ 

DC), EPA West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20004, Attention 

Docket ID No. EPA–HQ–OAR–2006– 

0534. Such deliveries are accepted only 

during the normal hours of operation 

(8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays) and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments on 

the federal plan requirements proposed 

rule to Docket ID No. EPA–HQ–OAR– 

2011–0405. Direct your comments on 

the NSPS final rule amendments to 

Docket ID No. EPA–HQ–OAR–2006– 

0534. The EPA’s policy is that all 

comments received will be included in 

the public docket and may be made 

available online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption and be free of any 

defects or viruses. 

Public Hearing: If a public hearing is 

held, it will be held at the EPA’s 

Campus located at 109 T.W. Alexander 

Drive in Research Triangle Park, NC, or 

an alternate site nearby. Contact Ms. 

Joan Rogers at (919) 541–4487, to 

request a hearing, to request to speak at 

a public hearing, to determine if a 

hearing will be held or to determine the 

hearing location. If no one contacts the 

EPA requesting to speak at a public 

hearing concerning this proposed rule 

by May 3, 2012, the hearing will be 

cancelled without further notice. 

Docket: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0405 and 

Legacy Docket ID No. A–98–24. The 

EPA has established a docket for the 

HMIWI rules under Docket ID No. EPA– 

HQ–OAR–2006–0534 and Legacy 


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Docket ID No. A–91–61. All documents 

in the docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically at www.regulations.gov or 

in hard copy at the EPA Docket Center 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hambrick, Fuels and Incineration 

Group, Sector Policies and Programs 

Division (E143–05), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–0964; fax number: 

(919) 541–3470; email address: 

hambrick.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document 

The following outline is provided to 

aid in locating information in this 

preamble. 

I. General Information 

A. Does the proposed action apply to me? 

B. What should I consider as I prepare my 

comments? 

II. Background Information 

A. What is the regulatory development 

background for this proposed rule? 

B. What is the purpose of this proposed 

rule? 

C. What is the status of state plan 

submittals? 

III. Affected Facilities 

A. What is a HMIWI? 

B. Does the federal plan apply to me? 

C. How do I determine if my HMIWI is 

covered by an approved and effective 

state plan? 

IV. Elements of the HMIWI Federal Plan 

A. Legal Authority and Enforcement 

Mechanism 

B. Inventory of Affected HMIWI 

C. Inventory of Emissions 

D. Emissions Limits 

E. Compliance Schedules 

F. Waste Management Plan Requirements 

G. Testing, Monitoring, Recordkeeping and 

Reporting Requirements 

H. Operator Training and Qualification 

Requirements 

I. Record of Public Hearings 

J. Progress Reports 

V. Summary of Proposed Amendments to 

HMIWI Federal Plan 

A. What are the proposed amendments to 

applicability? 

B. What are the proposed amendments to 

the emissions limits? 

C. What are the proposed amendments to 

the waste management plan 

requirements? 

D. What are the proposed amendments to 

the inspection requirements? 

E. What are the proposed amendments to 

the performance testing and monitoring 

requirements? 

F. What are the proposed amendments to 

the recordkeeping and reporting 

requirements? 

G. What are the proposed amendments to 

the compliance schedule? 

H. What are the other proposed 

amendments? 

VI. Summary of Proposed Amendments to 

HMIWI New Source Performance 

Standards 

A. What are the proposed amendments to 

the emissions limits? 

VII. HMIWI That Have or Will Shutdown 

A. Units That Plan To Close Rather Than 

Comply 

B. Inoperable Units 

C. HMIWI That Have Shutdown 

VIII. Implementation of the Federal Plan and 

Delegation 

A. Background of Authority 

B. Delegation of the Federal Plan and 

Retained Authorities 

C. Mechanisms for Transferring Authority 

D. Implementing Authority 

IX. Title V Operating Permits 

A. Title V and Delegation of a Federal Plan 

X. Statutory and Executive Order Reviews 

A. Executive Orders 12866 and 13563: 

Regulatory Planning and Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice (EJ) in 

Minority Populations and Low-Income 

Populations 

A redline version of the federal plan 

regulatory language that incorporates 

the changes in this action is available in 

the docket. 

I. General Information 

A. Does the proposed action apply to 

me? 

Regulated Entities. If you own or 

operate an existing HMIWI and are not 

already subject to an EPA-approved and 

effective state plan implementing the 

October 6, 2009, revised emission 

guidelines (EG), you may be covered by 

this proposed action. Existing HMIWI 

are those that commenced construction 

on or before December 1, 2008, or 

commenced modification on or before 

April 6, 2010. Regulated categories and 

entities include those listed in the 

following table. 

Category NAICS * code Examples of regulated entities 

Industry ............................................ 622110, 622310, 325411, 325412, 

562213, 611310.

Private hospitals, other health care facilities, commercial research 

laboratories, commercial waste disposal companies, private universities. 

Federal Government ....................... 622110, 541710, 928110 .............. Federal hospitals, other health care facilities, public health service, 

armed services. 

State/local/tribal Government .......... 622110, 562213, 611310 .............. State/local hospitals, other health care facilities, state/local waste disposal services, state universities. 

* North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by the proposed action. To 

determine whether your facility would 

be affected by the proposed action, you 

should examine the applicability 

criteria in § 62.14400 of subpart HHH. If 

you have any questions regarding the 

applicability of the proposed action to a 

particular entity, contact the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. What should I consider as I prepare 

my comments? 

1. Submitting CBI 

Do not submit information that you 

consider to be CBI electronically 

through www.regulations.gov or email. 

Send or deliver information identified 


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as CBI to only the following address: 

Ms. Amy Hambrick, c/o OAQPS 

Document Control Officer (Room C404– 

02), U.S. EPA, Research Triangle Park, 

NC 27711, Attention Docket ID No. 

EPA–HQ–OAR–2011–0405. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI on a 

disk or CD–ROM that you mail to the 

EPA, mark the outside of the disk or 

CD–ROM as CBI and then identify 

electronically within the disk or CD– 

ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information marked as 

CBI will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

If you have any questions about CBI 

or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

2. Tips for Preparing Your Comments 

When submitting comments, 

remember to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions. The EPA may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified in the preceding 

section titled DATES. 

3. Docket 

The docket number for the proposed 

action regarding the HMIWI federal plan 

(40 CFR part 62, subpart HHH) is Docket 

ID No. EPA–HQ–OAR–2011–0405. 

The docket number for the proposed 

action regarding the NSPS (40 CFR part 

60, subpart Ec) is Docket ID No. EPA– 

HQ–2006–0534. 

4. Worldwide Web (WWW) 

In addition to being available in the 

docket, an electronic copy of the 

proposed action and final rule 

amendments is available on the WWW 

through the Technology Transfer 

Network Web site (TTN Web). 

Following signature, the EPA posted a 

copy of the proposed action and final 

rule amendments on the TTN’s policy 

and guidance page for newly proposed 

or promulgated rules at www.epa.gov/ 

ttn/oarpg. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

II. Background Information 

A. What is the regulatory development 

background for this proposed rule? 

Section 129 of the Clean Air Act 

(CAA) requires the EPA to develop 

NSPS and EG for ‘‘units combusting 

hospital waste, medical waste and 

infectious waste.’’ On September 15, 

1997, the EPA promulgated NSPS for 

new HMIWI, codified at 40 CFR part 60 

subpart Ec, and EG for existing HMIWI, 

codified at 40 CFR part 60 subpart Ce. 

(See 62 FR 48348.) The NSPS and EG 

were designed to reduce air pollution 

emitted from these HMIWI, including 

cadmium (Cd), carbon monoxide (CO), 

dioxins/furans (total, or 2,3,7,8- 

Tetrachlorodibenzo-p-Dioxin toxic 

equivalent (TEQ)), hydrogen chloride 

(HCl), lead (Pb), mercury (Hg), nitrogen 

oxides (NOX), opacity, particulate 

matter (PM) and sulfur dioxide (SO2). 

The 1997 NSPS applied to HMIWI for 

which construction began after June 20, 

1996, and required compliance within 6 

months after startup or by March 16, 

1998, whichever date was later. The 

1997 EG applied to HMIWI for which 

construction began on or before June 20, 

1996, and required compliance no later 

than September 15, 2002. 

On March 2, 1999, in Sierra Club v. 

EPA, 167 F.3d 658 (DC Cir. 1999), the 

U.S. Court of Appeals for the DC Circuit 

remanded the rule to the EPA for further 

explanation regarding how the EPA 

derived the maximum achievable 

control technology (MACT) emissions 

standards for HMIWI. The Court did not 

vacate the regulations and the 

regulations remained in effect during 

the remand. 

On July 6, 1999, the EPA proposed the 

federal plan requirements for HMIWI 

units constructed on or before June 20, 

1996 (64 FR 36426). The federal plan 

covered existing HMIWI located in 

states that did not have an approved 

state plan. Furthermore, the federal plan 

would implement and enforce the EG in 

Indian country until tribes receive 

approval to administer their own 

programs. On August 15, 2000, the EPA 

promulgated the federal plan 

requirements for HMIWI units 

constructed on or before June 20, 1996 

(65 FR 49868). The 1997 HMIWI rules 

were fully implemented by September 

2002. 

On February 6, 2007, the EPA 

proposed a response to the HMIWI 

remand. (See 72 FR 5510.) The proposed 

response would have revised some of 

the emissions limits in the NSPS and 

EG. In addition to responding to the 

Court’s remand, the EPA also proposed 

its first 5-year review of the HMIWI 

standards. Every 5 years after adopting 

a MACT standard under section 129, 

CAA section 129(a)(5) requires the EPA 

to review and, if appropriate, revise the 

incinerator standards. 

On December 1, 2008, the EPA 

reproposed its response to the Court’s 

remand and 5-year review (73 FR 

72962). The EPA’s decision to repropose 

its response to the remand was based on 

a number of factors, including further 

rulings by the Court that were issued 

after the 2007 proposal was published. 

In addition, public comments regarding 

the 2007 proposal raised issues that, 

upon further consideration, the EPA 

believed would best be addressed 

through a reproposal. In response to 

public comments on the 2008 

reproposal, the EPA further revised the 

standards and, on October 6, 2009, 

published final revisions to the 

September 1997 NSPS and EG to 

respond to the remand and satisfy the 

5-year review requirement under CAA 

section 129(a)(5) (74 FR 51367). On 

April 4, 2011, the EPA promulgated 

amendments to the NSPS and EG, 

correcting inadvertent drafting errors in 

the NOX and SO2 emissions limits for 

large HMIWI in the NSPS, which did 

not correspond to our description of our 

standard-setting process, correcting 

erroneous cross-references in the 

reporting and recordkeeping 

requirements in the NSPS, clarifying 

that compliance with the EG must be 

expeditious if a compliance extension is 

granted, correcting the inadvertent 

omission of delegation of authority 

provisions in the EG, correcting errors 

in the units’ description for several 

emissions limits in the EG and NSPS 

and removing extraneous text from the 

HCl emissions limit for large HMIWI in 

the EG (76 FR 18407). 

B. What is the purpose of this proposed 

rule? 

Section 129 of the CAA relies upon 

states as the preferred implementers of 


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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. 

EG for existing HMIWI. To make the 

HMIWI EG enforceable, states with 

existing HMIWI are to submit to the 

EPA within 1 year following 

promulgation of the EG state plans that 

implement and enforce the amended 

EG. For states that do not have an EPAapproved and effective plan, the EPA 

must develop and implement a federal 

plan within 2 years following 

promulgation of the EG. The federal 

plan is an interim measure to ensure 

that emissions standards are 

implemented until states assume their 

role as the preferred implementers of 

the EG. States without any existing 

HMIWI are directed to submit to the 

Administrator a letter of negative 

declaration certifying that there are no 

HMIWI in the state. No plan is required 

for states that do not have any HMIWI. 

Hospital/medical/infectious waste 

incinerators located in states that 

mistakenly submit a letter of negative 

declaration would be subject to the 

federal plan until a state plan becomes 

approved and effective covering those 

HMIWI. 

State plans to implement the EG 

adopted on September 15, 1997, are 

already in place and the EPA adopted a 

HMIWI federal plan on August 15, 2000, 

(65 FR 49868) to implement the 

September 15, 1997, EG for those 

HMIWI not covered by an approved 

state plan. Revised or new state plans to 

implement the amended EG adopted on 

October 6, 2009, are currently 

undergoing EPA review. The deadline 

for submitting revised/new state plans 

for EPA review was October 6, 2010. 

Today’s action proposes amendments 

to the HMIWI federal plan to implement 

the amended EG adopted on October 6, 

2009, for those states that did not have 

an approved revised/new state plan in 

place by October 6, 2011. Sections 111 

and 129 of the CAA and 40 CFR 60.27(c) 

and (d) require the EPA to develop, 

implement and enforce a federal plan to 

cover existing HMIWI located in states 

that do not have an approved plan 

within 2 years after promulgation of the 

EG (by October 6, 2011). The EPA is 

proposing amendments to the HMIWI 

federal plan now so that a promulgated 

federal plan will go into place for any 

such states, thus ensuring 

implementation and enforcement of the 

amended HMIWI EG. 

The amended EG adopted on October 

6, 2009, required improvements in 

performance for 50 of the then operating 

57 units.1 Incineration of hospital/ 

medical/infectious waste causes the 

release of a wide array of air pollutants, 

some of which exist in the waste feed 

material and are released unchanged 

during combustion, and some of which 

are generated as a result of the 

combustion process itself. EPA 

estimated that a total emissions 

reduction of 393,000 pounds per year of 

the regulated pollutants, of which acid 

gases (i.e., hydrogen chloride and sulfur 

dioxide) comprise about 62 percent, 

particulate matter about 0.8 percent, 

carbon monoxide about 0.3 percent, 

nitrogen oxides about 37 percent, and 

metals (i.e., lead, cadmium, and 

mercury) and dioxins/furans about 0.2 

percent. EPA also estimated that air 

pollution control devices that would be 

installed to comply with the 2009 rule 

would also effectively reduce emissions 

of pollutants such as polycyclic organic 

matter (POM) and polychlorinated 

biphenyls (PCBs). The 2009 final rule’s 

revised waste management plan 

provisions encourage segregation of 

types of waste that lead to such 

emissions, such as chlorinated plastics 

and PCB-containing wastes. 

C. What is the status of state plan 

submittals? 

Sections 111(d) and 129(b)(3) of the 

CAA, as amended, 42 U.S.C. 7411(d) 

and 7429(b)(3), authorize the EPA to 

develop and implement a federal plan 

for HMIWI located in states with no 

approved and effective state plan. The 

status of the state plans are outlined in 

the below table. 

STATUS OF STATE PLANS

Status States 

I. States with EPA–Approved State Plans ............................................... Florida. 

II. Anticipated States to Submit Negative Declarations to the EPA ........ New York; Puerto Rico; Pennsylvania; Mississippi; New Mexico-City of 

Albuquerque; Oklahoma; South Dakota; District of Columbia. 

III. Negative Declaration Submitted/EPA Approved ................................. Maine; Massachusetts; Vermont; Delaware; Virginia; Jefferson County 

(Birmingham), Alabama; Kentucky; Jefferson County (Louisville), 

Kentucky; Forsyth County (Winston-Salem), North Carolina; Buncombe County (Asheville), North Carolina; South Carolina; Philadelphia County; New Hampshire; Rhode Island. 

IV. Final State Plans Submitted to the EPA ............................................ North Dakota. 

V. Draft States Plans Submitted to the EPA ............................................ Maryland; West Virginia. 

VI. States for which the EPA has not received a draft or final plan or 

negative declaration.

Pennsylvania; Alabama; Huntsville, Alabama; North Carolina; Mecklenburg County (Charlotte), North Carolina; Georgia; Tennessee; Illinois; 

Indiana; Arkansas; Louisiana; Texas; Iowa; Kansas; Missouri; Nebraska; Colorado; Montana; Arizona; Maricopa County, Arizona; 

Pima County, Arizona; Pinal County, Arizona; California; Hawaii; Nevada; American Samoa; Guam; Alaska; Idaho; Oregon; Washington. 

VII. Anticipated States to Accept Delegation of Federal Plan ................. Connecticut; New Jersey; Virgin Islands; Allegheny County, Pennsylvania; Michigan; Minnesota; Ohio; Wisconsin. 

The preamble of the final federal plan 

will list states that have an EPAapproved plan in effect on the date the 

final federal plan is signed by the EPA 

Administrator. As Regional Offices 

approve state plans, they will also, in 

the same action, amend the appropriate 

subpart of 40 CFR part 62 to codify their 

approvals. 

The EPA will maintain a list of 

revised/new state plan submittals and 

approvals on the TTN Air Toxics Web 

site at http://www.epa.gov/ttn/atw/129/ 

hmiwi/rihmiwi.html. The list will help 

HMIWI owners or operators determine 

whether their HMIWI is affected by a 

state plan or the federal plan. 

Hospital/medical/infectious waste 

incinerator owners and operators can 

also contact the EPA Regional Office for 

the state in which their HMIWI is 


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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 .... Ian Cohen, cohen.ian@epa.gov ....................................... (617) 918–1655 .................. 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 Donnette Sturdivant, sturdivant.donnette@epa.gov ......... Sturdivant: (404) 562–9431 Florida, Georgia, North Carolina, 

Daniel Garver, garver.daniel@epa.gov ............................. Garver: (404) 562–9839 ..... 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 Christopher Razzazian, razzazian.christopher@epa.gov (303) 312–6648 .................. 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. 

III. Affected Facilities 

A. What is a HMIWI? 

The term ‘‘HMIWI’’ means any device 

that combusts any amount of hospital 

waste and/or medical/infectious waste, 

as defined in 40 CFR part 62, subpart 

HHH. Six types of combustion units, 

which are listed in § 62.14400 of subpart 

HHH, are conditionally exempt from 

specific provisions of the currently 

promulgated 2000 federal plan and 

would continue to be so under today’s 

proposed amended federal plan. 

B. Does the federal plan apply to me? 

The amended federal plan would 

apply to you if you are the owner or 

operator of a combustion device that 

combusts hospital waste and/or 

medical/infectious waste (as defined in 

subpart HHH) and the device is not 

covered by an approved and effective 

state plan as of October 6, 2011. The 

federal plan would cover your HMIWI 

until the EPA approves a state plan that 

covers your HMIWI and that plan 

becomes effective. 

If you began the construction of your 

HMIWI on or before December 1, 2008, 

or began modification of your HMIWI 

on or before April 6, 2010, it would be 

considered an existing HMIWI and 

could be subject to the federal plan. If 

you began the construction of your 

HMIWI after December 1, 2008, or began 

modification of your HMIWI after April 

6, 2010, it would be considered a new 

HMIWI and would be subject to the 

NSPS. 

Your existing HMIWI would be 

subject to this federal plan, if on the 

effective date of the amended federal 

plan, the EPA has not approved the 

revised/new state plan implementing 

the amended EG that covers your unit 

or the EPA-approved state plan has not 

become effective. The specific 

applicability of the currently 

promulgated federal plan is described in 

40 CFR 62.14400 through 62.14403 of 

subpart HHH, and would continue to 

apply, as amended, under the proposed 

revised federal plan. The amended 

federal plan would become effective 30 

days after final promulgation of these 

amendments. 

Once an approved revised/new state 

plan is in effect, the amended federal 

plan would no longer apply to HMIWI 

covered by such plan. An approved 

state plan is a plan developed by a state 

that the EPA has reviewed and 

approved based on the requirements in 

40 CFR part 60, subpart B, to implement 

and enforce 40 CFR part 60, subpart Ce. 

The state plan is effective on the date 

specified in the notice published in the 

Federal Register announcing the EPA’s 

approval of the plan. 

The EPA’s promulgation of an 

amended HMIWI federal plan will not 

preclude states from submitting a plan. 

If a state submits a plan after the 

promulgation of amendments to the 

HMIWI federal plan, the EPA will 

review and approve or disapprove the 

state plan. If the EPA approves a plan, 

then the amended HMIWI federal plan 

would no longer apply to HMIWI 

covered by the state plan as of the 

effective date of the state plan. If a 

HMIWI were overlooked by a state and 

the state submitted a negative 

declaration letter, or if an individual 

HMIWI were not covered by an 

approved and effective state plan, the 

HMIWI would be subject to this 

amended federal plan. 

C. How do I determine if my HMIWI is 

covered by an approved and effective 

state plan? 

Part 62 of Title 40 of the CFR 

identifies the status of approval and 

promulgation of section 111(d) and 

section 129 state plans for designated 

facilities in each state. However, part 62 

is updated only once per year. Thus, if 

part 62 does not indicate that your state 

has an approved and effective plan, you 

should contact your state environmental 

agency’s air director or your EPA 

Regional Office (see table in section II.C 

of this preamble) to determine if 

approval occurred since publication of 

the most recent version of part 62. 

IV. Elements of the Current HMIWI 

Federal Plan 

The EPA is not proposing 

amendments to several elements of the 

existing federal plan. For other 

elements, we are proposing 

amendments, to reflect the amended EG. 

The basic elements of the federal plan 

include: (1) Identification of legal 

authority and mechanisms for 

implementation; (2) inventory of 

HMIWI; (3) emissions inventory; (4) 


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emissions limits; (5) compliance 

schedules; (6) public hearing; (7) testing, 

monitoring, recordkeeping and 

reporting; (8) waste management plan; 

(9) operator training and qualification; 

and (10) progress reporting. See 40 CFR 

part 62 subparts HHH and sections 111 

and 129 of the CAA. For each element 

discussed below, we explain to what 

extent we are proposing to amend the 

current federal plan requirements. 

A. Legal Authority and Enforcement 

Mechanism 

Section 301(a) of the CAA provides 

the EPA with broad authority to write 

regulations that carry out the functions 

of the CAA. Sections 111(d) and 

129(b)(3) of the CAA direct the EPA to 

develop a federal plan for states that do 

not submit approvable state plans. 

Sections 111 and 129 of the CAA 

provide the EPA with the authority to 

implement and enforce the federal plan 

in cases where the state fails to submit 

a satisfactory state plan. Section 

129(b)(3) of the CAA requires the EPA 

to develop, implement and enforce a 

federal plan within 2 years after the date 

the relevant EG are promulgated (by 

October 6, 2011, for the 2009 HMIWI 

EG). Compliance with the EG cannot be 

later than 5 years after the relevant EG 

are promulgated (by October 6, 2014, for 

the 2009 HMIWI EG). Today’s action is 

not proposing any changes to this 

element. 

B. Inventory of Affected HMIWI 

The federal plan, as currently 

promulgated, includes an inventory of 

HMIWI affected by the EG. (See 40 CFR 

62.14402.) Today’s proposed 

amendments to the federal plan will 

also include in Docket No. EPA–HQ– 

OAR–2011–0405 an inventory of the 

HMIWI that may potentially be covered 

by these amendments in the absence of 

approved state plans. This revised 

inventory contains 53 HMIWI in 21 

states. It is based on information 

collected from EPA Regions, states, 

HMIWI facilities; and review of existing 

HMIWI inventories, Title V permits, 

emissions test reports and facility Web 

sites. The EPA recognizes that this list 

may not be complete. Therefore, sources 

potentially subject to this proposed 

amended federal plan may include, but 

are not limited to, the HMIWI listed in 

Docket No. EPA–HQ–OAR–2011–0405. 

Any HMIWI that meets the applicability 

criteria in the proposed amended 

federal plan rule would be subject to the 

amended federal plan, regardless of 

whether it is listed in the inventory. 

States or individuals are invited to 

identify additional sources for inclusion 

to the list during the comment period 

for this proposal. 

C. Inventory of Emissions 

The federal plan, as currently 

promulgated, includes an emissions 

estimate for HMIWI subject to the EG. 

The pollutants inventoried are Cd, CO, 

dioxins/furans, HCl, Pb, Hg, PM, NOX

and SO2. For this proposal, the EPA has 

estimated the emissions from each 

known HMIWI that potentially may be 

covered by the proposed amended 

federal plan for the nine pollutants 

regulated by the EG and covered by the 

proposed revised federal plan. 

The emissions inventory is based on 

available information about the HMIWI, 

emissions factors and typical emissions 

rates developed for calculating 

nationwide air impacts of the amended 

EG and the amended federal plan. Refer 

to the inventory memorandum in 

Docket No. EPA–HQ–OAR–2011–0405 

for the complete updated emissions 

inventory and details on the emissions 

calculations associated with today’s 

proposal. 

D. Emissions Limits 

As the current federal plan contains 

emissions limits that correspond to the 

1997 HMIWI rule, today’s proposed 

amended federal plan includes 

emissions limits that correspond to 

those in the 2009 EG. (See 40 CFR 

62.14410–62.14413.) Section 129(b)(2) 

of the CAA requires these emissions 

limits to be ‘‘at least as protective as’’ 

those in the EG. The emissions limits in 

these proposed amendments to the 

HMIWI federal plan are the same as 

those contained in the 2009 amended 

EG but also include the PM emissions 

limits for medium HMIWI and HCl 

emissions limits for small HMIWI that 

were previously subject to the 1997 

NSPS but are now subject to the 

amended EG. These two emissions 

limits are more stringent than the 

corresponding EG emissions limits. We 

include these limits because HMIWI 

units that were regulated as new sources 

under the 1997 NSPS would be treated 

as existing sources under the 2009 EG, 

but would need to continue to comply 

with the 1997 NSPS limits where those 

are more stringent than the 2009 EG 

limits. (See proposed revised Table 1 to 

subpart HHH.) Section V.B of this 

preamble discusses the amended 

emissions limits. 

E. Compliance Schedules 

Increments of progress are required 

for HMIWI that need more than 1 year 

from state plan approval to comply, or 

in the case of the federal plan, more 

than 1 year after promulgation of the 

final amended federal plan. (See 40 CFR 

62.14470–62.14472.) Increments of 

progress are included to ensure that 

each HMIWI needing more time to 

comply is making progress toward 

meeting the emissions limits. 

For HMIWI that need more than 1 

year to comply, the proposed amended 

federal plan includes in its compliance 

schedule the same five increments of 

progress from 40 CFR 62.14470(b)(2). 

The proposed amended federal plan 

includes defined and enforceable dates 

for completion of each increment. These 

increments of progress are: (1) Submit 

final control plan; (2) award contracts 

for control systems or process 

modifications or orders for purchase of 

components; (3) begin on-site 

construction or installation of the air 

pollution control device(s) or process 

changes; (4) complete on-site 

construction or installation of the air 

pollution control device(s) or process 

changes; and (5) final compliance. 

F. Waste Management Plan 

Requirements 

The current federal plan includes a 

waste management plan which is a 

written plan that identifies both the 

feasibility and the methods used to 

reduce or separate certain components 

of solid waste from the waste stream to 

reduce or eliminate toxic emissions 

from incinerated waste. (See 40 CFR 

62.14430–62.14432.) Today’s proposed 

amendments to the federal plan include 

this element and require that the waste 

management plan must be submitted no 

later than the date 60 days after the 

initial compliance demonstration. This 

date is 240 days after the final 

compliance date. 

G. Testing, Monitoring, Recordkeeping 

and Reporting Requirements 

The current federal plan includes 

testing, monitoring, recordkeeping and 

reporting requirements. (See 40 CFR 

62.14440–62.14465.) Today’s proposed 

amendments update these requirements 

to correspond with the 2009 EG. 

Testing, monitoring, recordkeeping and 

reporting requirements are consistent 

with 40 CFR part 62 subpart HHH and 

assure initial and ongoing compliance. 

H. Operator Training and Qualification 

Requirements 

The current federal plan requires that 

the owner or operator must qualify 

operators or their supervisors (at least 

one per facility) by ensuring that they 

complete an operator training course 

and annual review or refresher course. 

(See 40 CFR 62.14420–62.14425.) 

Today’s proposed amended federal plan 

also contains operator training and 


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qualification requirements that 

correspond to the 2009 EG; no changes 

are proposed to this element. 

I. Record of Public Hearings 

As the current federal plan provided 

the opportunity for public hearings, 

today’s proposed amended federal plan 

provides opportunity for public 

participation in adopting the plan. If 

requested to do so, the EPA will hold a 

public hearing in Research Triangle 

Park, NC. A record of the public 

hearing, if any, will appear in Docket 

No. EPA–HQ–OAR–2011–0405. If a 

public hearing is requested and held, 

the EPA will ask clarifying questions 

during the oral presentation but will not 

respond to the presentations or 

comments. Written statements and 

supporting information submitted 

during the public comment period will 

be considered with equivalent weight as 

any oral statement and supporting 

information subsequently presented at a 

public hearing, if held. 

J. Progress Reports 

As under the current federal plan, 

today’s amendments request that the 

EPA Regional Offices prepare annual 

progress reports to show the progress of 

HMIWI toward implementation of the 

EG. States that have been delegated the 

authority to implement and enforce this 

federal plan would be required to 

submit annual progress reports to the 

appropriate EPA Regional Office. 

Each progress report must include the 

following items: (1) Status of 

enforcement actions; (2) status of 

increments of progress; (3) identification 

of sources that have shutdown or started 

operation; (4) emissions inventory data 

for sources that were not in operation at 

the time of plan development but that 

began operation during the reporting 

period; (5) additional data as necessary 

to update previously submitted source 

and emissions information; and (6) 

copies of technical reports on any 

performance testing and monitoring. 

V. Summary of Today’s Proposed 

Amendments to HMIWI Federal Plan 

Each amended plan element is 

described below as it relates to the 

elements outlined above in the current 

HMIWI federal plan. The table below 

lists each amended element and 

identifies where it is located or codified. 

Element of the HMIWI federal plan Location 

Legal authority and enforcement 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 IV.J of this preamble. 

A. What are the proposed amendments 

to applicability? 

Hospital/medical/infectious waste 

incinerators were treated differently 

under the 2009 amended EG than they 

were under the 1997 EG in terms of 

whether they are ‘‘existing’’ or ‘‘new’’ 

sources. The 2009 amended EG 

included new dates defining what are 

‘‘existing’’ and ‘‘new’’ sources for 

purposes of the revised NSPS and EG. 

All HMIWI that complied with the 1997 

EG (i.e., those units for which 

construction commenced on or before 

June 20, 1996, or for which modification 

commenced on or before March 16, 

1998) were still considered ‘‘existing’’ 

sources under the 2009 amended EG 

and are required to meet the emissions 

limits under the amended EG by the 

applicable compliance date for the 

amended EG. All HMIWI that complied 

with the 1997 NSPS (i.e., those units for 

which construction commenced after 

June 20, 1996, but no later than 

December 1, 2008, or for which 

modification commenced after March 

16, 1998, but no later than April 6, 

2010) were also considered ‘‘existing’’ 

sources under the amended EG. Those 

HMIWI are required to meet the 

emissions limits under the amended EG 

by the applicable compliance date for 

the amended EG, except where the 

corresponding 1997 NSPS is more 

stringent, in which case the HMIWI are 

to continue to comply with that 1997 

NSPS. In the interim, those 1997 NSPS 

sources that must meet the amended EG 

must continue to be subject to the NSPS 

as promulgated in 1997 until the date 

for compliance with the revised EG. 

Those units for which construction 

commenced after the December 1, 2008, 

HMIWI proposal, or for which 

modification commenced on or after 

April 6, 2010, are considered ‘‘new’’ 

units subject to more stringent revised 

NSPS emissions limits. 

Today’s action proposes to 

incorporate these changes to the 

applicability into the HMIWI federal 

plan. No other amendments are being 

proposed for the other applicability 

provisions in the federal plan (i.e., 

exemptions for incinerators burning 

pathological, low-level radioactive, and/ 

or chemotherapeutic waste; co-fired 

combustors; combustors with permits 

under section 3005 of the Solid Waste 

Disposal Act; certain municipal waste 

combustors; pyrolysis units; and cement 

kilns firing hospital waste and/or 

medical/infectious waste). 

B. What are the proposed amendments 

to the emissions limits? 

As noted in section II.A of this 

preamble, on October 6, 2009, the EPA 

published final amendments to the 

September 15, 1997, NSPS and EG in 

response to a Court remand of the 1997 

regulations and to satisfy the 5-year 

review requirement under CAA section 

129(a)(5). 

The EPA’s response to the remand 

and 5-year review resulted in a revision 

to all of the emissions limits in the EG. 

Today’s action proposes to incorporate 

the amended EG emissions limits into 

the existing HMIWI federal plan. Table 

1 of this preamble summarizes the 

amended EG emissions limits 

promulgated to respond to the remand 

and fulfill the EPA’s 5-year review 

obligation. 

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

Pollutant (units) Unit size1 Final limit 2

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

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

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

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

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


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

Pollutant (units) Unit size1 Final limit 2

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. 

The 2009 amended EG removed 

provisions from the 1997 standards at 

40 CFR 60.56c and 60.37e that 

exempted HMIWI from the standards 

during periods of startup, shutdown and 

malfunction (SSM) provided that no 

hospital waste or medical/infectious 

waste was being changed to the unit 

during those SSM periods. The 2009 EG 

requires that the emissions limits as 

listed above in Table 1, regardless of a 

SSM event, be met at all times. 

However, in one provision of the NSPS, 

section 60.56c(d)(2), the EPA 

inadvertently failed to delete a SSM 

exemption we had intended to 

eliminate, and to better reflect the EPA’s 

intent in the 2009 final rule, today’s 

action also amends that section of the 

NSPS to remove the accidentally 

retained SSM exemption. Please see 

section VI. of this preamble, which 

further discusses the amendment of the 

NSPS. Today’s action also proposes to 

remove the SSM exemption from the 

2000 federal plan at 40 CFR 62.14413, 

and proposes that the emissions limits 

apply at all times, for the same reasons. 

As noted in the previous section, the 

2009 amended EG specified that those 

HMIWI that previously complied with 

the 1997 NSPS would have to meet the 

emissions limits under the 2009 

amended EG or the 1997 NSPS, 

whichever was more stringent. In two 

cases, the HCl emissions limit for small 

HMIWI and the PM emissions limit for 

medium HMIWI, the 1997 NSPS limits 

are more stringent than the 2009 

amended EG limits, so those HMIWI 

that previously complied with the 1997 

NSPS would continue to comply with 

the more stringent 1997 NSPS limits. 

Specifically, they would have to meet 

the 1997 NSPS HCl emissions limit of 

15 parts per million by volume (ppmv) 

(at 7 percent oxygen) for small HMIWI 

and the 1997 NSPS PM limit of 0.015 

grains per dry standard cubic foot (gr/ 

dscf) (at 7 percent oxygen) for medium 

HMIWI, in addition to the 2009 EG 

emissions limits for the other pollutants. 

Today’s action proposes to include 

these two 1997 NSPS emissions limits 

along with the 2009 amended EG 

emissions limits in the HMIWI federal 

plan. 

Under the 1997 NSPS, new large 

HMIWI were required to demonstrate 

compliance with the 5 percent visible 

emissions limit for fugitive emissions 

generated during ash handling, by 

conducting annual performance tests 

using EPA Method 22. As discussed in 

section V.E.1 below, the 2009 

amendments to the EG expanded this 

requirement to include all HMIWI, but 

only as an initial test requirement. As a 

result, under the amended EG, all 

HMIWI were made subject to the same 

5 percent visible emissions limit. 

Today’s action proposes to include this 

visible emissions limit for existing 

HMIWI in the HMIWI federal plan. 

To provide greater clarity, the 2009 

amendments to the EG also included 

averaging times and EPA reference test 

methods in the emissions limit tables 

for existing sources. It should be noted 

that the averaging times and EPA 

reference test methods added to the 

emissions limits tables were not new 

requirements but simply a restating of 

requirements presented elsewhere in the 

HMIWI regulations. Today’s action 

proposes to add these additional 

columns to the emissions limits table in 

the HMIWI federal plan. 

C. What are the proposed amendments 

to the waste management plan 

requirements? 

Under the HMIWI EG promulgated on 

September 15, 1997, and HMIWI federal 

plan promulgated on August 15, 2000, 

existing HMIWI were required to submit 

a written plan that identified both the 

feasibility and methods used to reduce 

or separate certain components of solid 

waste from the waste stream to reduce 

or eliminate toxic emissions from 

incinerated waste. 

Commenters on the December 1, 2008, 

reproposal of the HMIWI EG 

amendments recommended that the 

EPA minimize or eliminate from the 

HMIWI waste stream any plastic wastes, 

Hg and other hazardous wastes (e.g., Hgcontaining dental waste, Hg-containing 

devices), pharmaceuticals and 

confidential documents and other paper 

products that could be shredded and 

recycled. One commenter recommended 

that the EPA take action to regulate 

emissions of polychlorinated biphenyls 

and polycyclic organic matter from 

HMIWI. Some commenters 

recommended that the EPA require 

commercial HMIWI to provide training 

and education to their customers 

regarding waste segregation and make 

incinerator operators responsible for the 

waste in their possession. 

To address the various commenters’ 

concerns, the waste management plan 

provisions in the HMIWI regulations 

were revised to promote the segregation 

of the aforementioned wastes and 

specify that commercial facilities train 

and educate their clients to conduct 

their own waste segregation. Today’s 

action proposes to incorporate these 

revisions into the HMIWI federal plan. 

D. What are the proposed amendments 

to the inspection requirements? 

Under the 1997 EG and 2000 federal 

plan, existing small rural HMIWI were 

required to conduct annual equipment 

inspections to compensate for the lack 

of annual emissions testing at those 

sources. The inspections included the 

incinerator, air pollution control device 

(if any) and monitoring equipment. For 

the 2009 amendments to the EG, the 

EPA expanded annual air pollution 

control device inspections to the other 

HMIWI to allow those sources to 

demonstrate that their air pollution 

control devices are operating 

sufficiently well to allow compliance 

with the tighter emissions limits under 

the amended EG. Today’s action 

proposes to incorporate this additional 

requirement into the HMIWI federal 

plan. 


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E. What are the proposed amendments 

to the performance testing and 

monitoring requirements? 

The following paragraphs list a 

number of additional testing and 

monitoring requirements in the 2009 

amendments to the EG that are proposed 

to be incorporated into the HMIWI 

federal plan in today’s action. 

1. Performance Testing 

The 1997 EG and 2000 federal plan 

required existing large, medium and 

small non-rural HMIWI to conduct 

initial performance tests for Cd, CO, 

dioxins/furans, HCl, Pb, Hg, opacity and 

PM and annual performance tests for 

CO, HCl, opacity and PM. (An owner or 

operator could conduct less frequent 

testing if the facility demonstrated that 

it was in compliance with the emissions 

limits for 3 consecutive performance 

tests.) The 2009 amendments to the EG 

added the requirement that all HMIWI 

conduct initial performance tests for 

NOX and SO2 to demonstrate initial 

compliance with the revised emissions 

limits for those pollutants. 

Under the 1997 EG and 2000 federal 

plan, small rural HMIWI were only 

required to conduct initial performance 

tests for CO, dioxins/furans, Hg, opacity 

and PM, and annual performance tests 

for opacity. Under the 2009 

amendments to the EG, small rural 

HMIWI were required to also conduct 

initial performance tests for the other 

five regulated pollutants (Cd, HCl, Pb, 

NOX and SO2) and also conduct annual 

performance tests for CO, HCl and PM. 

Under the 1997 NSPS, new large 

HMIWI were subject to a 5 percent 

visible emissions limit for fugitive 

emissions generated during ash 

handling. To demonstrate compliance 

with this emissions limit, new large 

HMIWI were required to conduct annual 

performance tests for fugitive emissions 

from ash handling using EPA Method 

22. In the 2009 amendments to the EG, 

the EPA extended this minimal testing 

requirement to the other HMIWI, but 

only as an initial test requirement, to 

determine whether fugitive ash 

emissions are a concern from these 

sources. Existing HMIWI would be 

required to measure fugitive ash 

emissions during their next performance 

test. 

In order to reduce the burden of 

complying with the additional testing 

requirements in the 2009 amendments 

to the EG, sources were allowed to use 

results of their previous emissions tests 

to demonstrate initial compliance with 

the revised emissions limits as long as 

the sources certify that the previous test 

results are representative of current 

operations. Only those sources who 

could not so certify and/or whose 

previous emissions tests do not 

demonstrate compliance with one or 

more revised emissions limits would be 

required to conduct another emissions 

test for those pollutants. (Note that most 

sources were already required under the 

1997 EG to test for CO, HCl, opacity and 

PM on an annual basis and those annual 

tests are still required.) 

To provide HMIWI with greater 

flexibility in demonstrating compliance, 

the 2009 amendments to the EG also 

incorporated by reference two 

alternatives to EPA reference test 

methods American Society of 

Mechanical Engineers (ASME) PTC 

19.10–1981 and American Society for 

Testing and Materials (ASTM) D6784– 

02)), discussed further in section IX.I of 

this preamble. 

2. Monitoring 

Monitoring of operating parameters 

can be used to indicate whether air 

pollution control equipment and 

practices are functioning properly to 

minimize air pollution. The 1997 

HMIWI EG and 2000 federal plan 

included the following parameter 

monitoring requirements for good 

combustion, wet scrubbers and dry 

scrubbers with fabric filters (FFs): 

• If using a dry scrubber followed by 

a FF to comply with the emissions 

limits, continuously monitor charge 

rate, FF inlet temperature, flue gas 

temperature, secondary chamber 

temperature and sorbent flow rates for 

dioxin/furan, HCl and Hg sorbents. 

• If using a wet scrubber to comply 

with the emissions limits, continuously 

monitor charge rate, flue gas 

temperature, secondary chamber 

temperature, pressure drop across the 

wet scrubber (or horsepower or 

amperage), scrubber liquor flow rate and 

scrubber liquor pH. 

• If using a dry scrubber followed by 

a FF and wet scrubber, continuously 

monitor all of the aforementioned 

parameters. 

• If using something other than the 

aforementioned air pollution control 

devices to comply with the emissions 

limits, petition the Administrator for 

other site-specific operating parameters 

to be established during the initial 

performance test and continuously 

monitored thereafter. 

In the 2009 amendments to the EG, 

the EPA kept these parameter 

monitoring requirements and added a 

parameter requirement for those HMIWI 

expected to install selective noncatalytic 

reduction (SNCR) systems in order to 

comply with the more stringent NOX

limits in the 2009 EG. Those HMIWI 

installing SNCR technology to comply 

with the NOX emissions limit were 

required to continuously monitor the 

charge rate, secondary chamber 

temperature and reagent (e.g., ammonia 

or urea) flow rate. 

Since the 1997 EG, bag leak detectors 

have been shown to be an effective 

method for demonstrating continuous 

compliance for sources equipped with 

FFs. Although the 2009 amendments to 

the EG did not require existing HMIWI 

equipped with FFs to install bag leak 

detectors, use of bag leak detectors was 

presented as an option for these HMIWI. 

The most direct means of monitoring 

compliance with emissions limits is the 

use of continuous emissions monitoring 

systems (CEMS) to measure the 

emissions of a pollutant on a continuous 

basis. In addition to CEMS, sorbent trap 

biweekly monitoring systems for Hg and 

dioxins/furans are also available. 

Although the 2009 amendments to the 

EG did not require CO, HCl, PM, Hg or 

multi-metal CEMS or sorbent trap 

biweekly Hg and dioxin/furan 

monitoring systems for existing HMIWI, 

such systems were presented as 

alternative monitoring requirements in 

lieu of annual testing for all sources. 

3. Electronic Data Submittal 

The EPA must have performance test 

data to conduct effective 5-year reviews 

of CAA section 129 standards, as well 

as for many other purposes, including 

compliance determinations, 

development of emissions factors and 

determining annual emissions rates. In 

conducting 5-year reviews, the EPA has 

found it ineffective and timeconsuming, not only for us, but also for 

regulatory agencies and source owners 

and operators, to locate, collect, and 

submit performance test data because of 

varied locations for data storage and 

varied data storage methods. In recent 

years, though, stack testing firms have 

typically collected performance test data 

in electronic format, making it possible 

to move to an electronic data submittal 

system that would increase the ease and 

efficiency of data submittal and improve 

data accessibility. 

In the 2009 amendments to the EG, to 

improve data accessibility, we gave 

HMIWI the option of submitting to an 

EPA electronic database an electronic 

copy of annual stack test reports. Data 

entry would be through an electronic 

emissions test report structure used by 

the staff as part of the emissions testing 

project. The electronic reporting tool 

(ERT) was developed with input from 

stack testing companies who generally 

collect and compile performance test 

data electronically. The ERT is currently 

available and access to direct data 


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2See http://cfpub.epa.gov/oarweb/ 

index.cfm?action=fire.main, http://www.epa.gov/ 

ttn/chief/ert/ert_tool.html. 

submittal to the EPA’s electronic 

emissions database (WebFIRE).2

The option to submit source test data 

electronically to the EPA would not 

require any additional performance 

testing. In addition, when a facility 

elects to submit performance test data to 

WebFIRE, there would be no additional 

requirements for data compilation. 

Further discussion of the benefits of 

using electronic data submittal is 

provided in the preamble to the October 

6, 2009, amendments. (See 74 FR 

51373–4.) 

The electronic database that would be 

used is the EPA’s WebFIRE, which is a 

Web site accessible through the EPA’s 

TTN. The WebFIRE Web site was 

constructed to store emissions test data 

for use in developing emissions factors. 

A description of the WebFIRE database 

can be found at http://cfpub.epa.gov/ 

oarweb/index.cfm?action=fire.main. 

The ERT would be able to transmit the 

electronic report which would be 

submitted using the Compliance and 

Emissions Data Reporting Interface 

(CEDRI). The submitted report would be 

submitted through the EPA’s Central 

Data Exchange (CDX) network for 

storage in the WebFIRE database making 

submittal of data very straightforward 

and easy. A description of the ERT can 

be found at http://www.epa.gov/ttn/ 

chief/ert/ert_tool.html and CEDRI can be 

accessed through the CDX Web site 

(www.epa.gov/cdx). The ERT can be 

used to document stack tests data for 

those performance tests conducted 

using test methods that will be 

supported by the ERT. The ERT 

contains a specific electronic data entry 

form for most of the commonly used 

EPA reference methods. A listing of the 

pollutants and test methods supported 

by the ERT is available at http:// 

www.epa.gov/ttn/chief/ert/index.html. 

We believe that industry would benefit 

from this option of electronic data 

submittal. Having these data, EPA 

would be able to develop improved 

emission factors, make fewer 

information requests, and promulgate 

better regulations. 

One major advantage of the option to 

submit performance test data through 

the ERT is a standardized method to 

compile and store much of the 

documentation required to be reported 

by this rule. Another advantage is that 

the ERT clearly states what testing 

information would be required. Another 

important proposed benefit of 

submitting these data to EPA at the time 

the source test is conducted is that it 

should substantially reduce the effort 

involved in data collection activities in 

the future. When EPA has performance 

test data in hand, there will likely be 

fewer or less substantial data collection 

requests in conjunction with 

prospective required residual risk 

assessments or technology reviews. This 

would result in a reduced burden on 

both affected facilities (in terms of 

reduced manpower to respond to data 

collection requests) and EPA (in terms 

of preparing and distributing data 

collection requests and assessing the 

results). 

State, local, and tribal agencies could 

also benefit from more streamlined and 

accurate review of electronic data 

submitted to them. The ERT would 

allow for an electronic review process 

rather than a manual data assessment 

making review and evaluation of the 

source provided data and calculations 

easier and more efficient. Finally, 

another benefit of the proposed data 

submittal to WebFIRE electronically is 

that these data would greatly improve 

the overall quality of existing and new 

emissions factors by supplementing the 

pool of emissions test data for 

establishing emissions factors and by 

ensuring that the factors are more 

representative of current industry 

operational procedures. A common 

complaint heard from industry and 

regulators is that emission factors are 

outdated or not representative of a 

particular source category. With timely 

receipt and incorporation of data from 

most performance tests, EPA would be 

able to ensure that emission factors, 

when updated, represent the most 

current range of operational practices. In 

summary, in addition to supporting 

regulation development, control strategy 

development, and other air pollution 

control activities, having an electronic 

database populated with performance 

test data would save industry, state, 

local, tribal agencies, and EPA 

significant time, money, and effort 

while also improving the quality of 

emission inventories and, as a result, air 

quality regulations. 

F. What are the proposed amendments 

to recordkeeping and reporting 

requirements? 

The following paragraphs list a 

number of additional recordkeeping and 

reporting requirements in the 2009 

amendments to the EG, that would be 

incorporated into the HMIWI federal 

plan in today’s proposed amendments. 

1. Recordkeeping 

The 1997 EG and 2000 federal plan 

required owners and operators to 

maintain for 5 years records of opacity 

and emissions measurements, operating 

parameters, equipment inspections and 

maintenance (small rural units only), 

deviations, initial performance tests and 

all subsequent performance tests, 

operator training and qualification and 

calibration of monitoring devices. 

The 2009 amendments to the EG 

added the requirement that owners and 

operators maintain records of the 

amount and type of NOX reagent used, 

records of the annual air pollution 

control device inspections (including 

any maintenance), and a description, 

included with each test report, of how 

operating parameters were established 

during the initial performance test and 

re-established during subsequent 

performance tests. 

2. Reporting 

Under the 1997 EG and 2000 federal 

plan, owners and operators were 

required to submit the results of the 

initial performance tests and all 

subsequent performance tests, values for 

the operating parameters, waste 

management plan, equipment 

inspections and maintenance (small 

rural units only) and annual compliance 

reports and semiannual reports of any 

deviations from the emissions limits. 

The 2009 amendments to the EG 

added requirements for existing HMIWI 

to submit, along with each test report, 

a description of how operating 

parameters were established or reestablished and submit records of 

annual air pollution control device 

inspections (including any 

maintenance). 

G. What are the proposed amendments 

to the compliance schedule? 

Similar to the approach of the 2000 

HMIWI federal plan, as described in 

section IV.J. ‘‘Progress Reports,’’ today’s 

proposed revised federal plan requires 

owners or operators of HMIWI to either: 

(1) Come into compliance with the plan 

within 1 year after the plan is 

promulgated; or (2) meet increments of 

progress and come into compliance by 

October 6, 2014. Increments of progress 

are necessary in order to ensure that 

HMIWI needing more time to comply 

are making progress toward meeting the 

emissions limits. The amended federal 

plan, as proposed, includes as its 

compliance schedule the same five 

increments of progress from 40 CFR 

62.14470(b)(2), along with defined and 

enforceable dates for completion of each 

increment. 

The HMIWI owner or operator is 

responsible for meeting each of the five 

increments of progress for each HMIWI 

no later than the applicable compliance 

date. The owner or operator must notify 


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the EPA as each increment of progress 

is achieved, as well as when any is 

missed. The notification must identify 

the increment and the date the 

increment is achieved (or missed). If an 

owner or operator misses an increment 

deadline, the owner or operator must 

also notify the EPA when the increment 

is finally achieved. The owner or 

operator must mail the notification to 

the applicable EPA Regional Office 

within 10 business days after the 

increment date defined in the amended 

federal plan. (See the table under 

section II.C. of this document for a list 

of Regional Offices.) 

The definition of each increment of 

progress, along with its required 

completion date, follows. 

Submit Final Control Plan. To meet 

this increment, the owner or operator of 

each HMIWI must submit a plan that 

describes, at a minimum, the air 

pollution control device and/or process 

changes that will be employed so that 

each HMIWI complies with the 

emissions limits and other 

requirements. A final control plan is not 

required for units that will be 

shutdown. Completion date: October 6, 

2012. 

Award Contract. To award a contract 

means the HMIWI owner or operator 

enters into legally binding agreements 

or contractual obligations that cannot be 

canceled or modified without 

substantial financial loss to the owner or 

operator. The EPA anticipates that the 

owner or operator may award a number 

of contracts to complete the retrofit. To 

meet this increment of progress, the 

HMIWI owner or operator must award a 

contract or contracts to initiate on-site 

construction, to initiate on-site 

installation of air pollution control 

devices, and/or to incorporate process 

changes. The owner or operator must 

mail a copy of the signed contract(s) to 

the EPA within 10 business days of 

entering the contract(s). Completion 

date: May 6, 2013. 

Begin On-site Construction. To begin 

on-site construction, installation of air 

pollution control devices or process 

change means to begin any of the 

following: 

(1) Installation of an air pollution 

control device in order to comply with 

the final emissions limits as outlined in 

the final control plan; 

(2) Physical preparation necessary for 

the installation of an air pollution 

control device in order to comply with 

the final emissions limits as outlined in 

the final control plan; 

(3) Alteration of an existing air 

pollution control device in order to 

comply with the final emissions limits 

as outlined in the final control plan; 

(4) Alteration of the waste combustion 

process to accommodate installation of 

an air pollution control device in order 

to comply with the final emissions 

limits as outlined in the final control 

plan; or 

(5) Process changes identified in the 

final control plan in order to meet the 

emissions standards. Completion date: 

January 6, 2014. 

Complete On-site Construction. To 

complete on-site construction means 

that all necessary air pollution control 

devices or process changes identified in 

the final control plan are in place, 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 

amended federal plan, as proposed, 

requires the HMIWI to shutdown by 

October 6, 2014, complete the retrofit 

while not operating and be in 

compliance upon restarting. Shutdown 

is necessary in order to avoid being out 

of compliance and subject to possible 

enforcement action. 

H. What are the other proposed 

amendments? 

1. Definitions 

For clarification, the 2009 

amendments to the EG revised the 

definition of ‘‘Minimum secondary 

chamber temperature’’ to read 

‘‘Minimum secondary chamber 

temperature means 90 percent of the 

highest 3-hour average secondary 

chamber temperature (taken, at a 

minimum, once every minute) measured 

during the most recent performance test 

demonstrating compliance with the PM, 

CO, and dioxin/furan emissions limits.’’ 

To address the introduction of some 

new terms, the 2009 amendments to the 

EG added the following definitions: 

• ‘‘Bag leak detection system’’ means 

‘‘an instrument that is capable of 

monitoring PM loadings in the exhaust 

of a fabric filter in order to detect bag 

failures,’’ and examples of such a 

system were provided. 

• ‘‘Commercial HMIWI’’ means ‘‘a 

HMIWI which offers incineration 

services for hospital/medical/infectious 

waste generated offsite by firms 

unrelated to the firm that owns the 

HMIWI.’’ 

• ‘‘Minimum reagent flow rate’’ 

means ‘‘90 percent of the highest 3-hour 

average reagent flow rate at the inlet to 

the selective noncatalytic reduction 

technology (taken, at a minimum, once 

every minute) measured during the most 

recent performance test demonstrating 

compliance with the NOX emissions 

limit.’’ 

Today’s action proposes to amend the 

HMIWI federal plan to include these 

revised and new definitions from the 

amended EG. Today’s action also 

proposes to include a revised definition 

for ‘‘modification or modified HMIWI’’ 

to address the change in applicability 

for modified HMIWI under the amended 

federal plan. 

2. Toxicity Equivalence Factors 

In a January 6, 2011, Federal Register 

notice, the EPA announced the 

availability of the final ‘‘Recommended 

Toxicity Equivalence Factors (TEFs) for 

Human Health Risk Assessments of 

2,3,7,8-Tetrachlorodibenzo-p-dioxin and 

Dioxin-Like Compounds’’ (EPA/100/R– 

10/005). Various stakeholders, inside 

and outside the EPA, had called for a 

more comprehensive characterization of 

risks, so the EPA re-examined the 

current recommended approach for 

applying the toxicity equivalence 

methodology. The EPA developed and 

revised, in response to public comments 

and recommendations from peer 

reviewers, the aforementioned guidance 

document to assist the EPA scientists in 

using this methodology and to inform 

the EPA decision makers, other agencies 

and the public about this methodology. 

The revised methodology includes the 

following changes to TEFs that HMIWI 

would use to determine compliance 

with the HMIWI dioxin/furan TEQ 

emissions limits: 

Dioxin/furan congener 

Toxicity equivalence factor 

1997 EG/2000 

federal plan 

Today’s proposed amendments to federal plan 

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


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Dioxin/furan congener 

Toxicity equivalence factor 

1997 EG/2000 

federal plan 

Today’s proposed amendments to federal plan 

Octachlorinated dibenzo-p-dioxin .......................................................................................... 0 .001 0 .0003 

2,3,4,7,8-pentachlorinated dibenzofuran ............................................................................... 0 .5 0 .3 

1,2,3,7,8-pentachlorinated dibenzofuran ............................................................................... 0 .05 0 .03 

Octachlorinated dibenzofuran ................................................................................................ 0 .001 0 .0003 

To incorporate these latest revisions 

to TEFs, we are proposing to amend 

Table 2 to subpart HHH in today’s 

action. 

VI. Summary of Proposed Amendments 

to HMIWI New Source Performance 

Standards 

A. What are the proposed amendments 

to the emissions limits? 

The 2009 amended EG removed 

provisions from the 1997 standards at 

40 CFR 60.56c and 60.37e that 

exempted HMIWI from the standards 

during periods of startup, shutdown and 

malfunction (SSM) provided that no 

hospital waste or medical/infectious 

waste was being charged to the unit 

during those SSM periods. The 2009 EG 

requires that the emissions limits as 

listed above in Table 1, regardless of a 

SSM event, be met at all times. 

However, in one provision of the NSPS, 

section 60.56c(d)(2), the EPA 

inadvertently failed to delete a SSM 

exemption we had intended to 

eliminate, and to better reflect the EPA’s 

intent in the 2009 final rule, today’s 

action also proposes to amend that 

section of the NSPS to remove the 

accidentally retained SSM exemption. 

This action is necessary to make the 

NSPS continuously applicable, as 

required under CAA section 302(k) and 

under the U.S. Court of Appeals for the 

DC Circuit’s 2008 Sierra Club v. EPA 

ruling. Our rationale for this 

amendment was presented in the Oct. 6. 

2009 final rule, at 74 FR 51368, 51375 

and 51393–95 (Oct. 6, 2009), and we 

hereby incorporate by reference that 

rationale in order to complete the 

regulatory amendments we intended to 

make at the time. Today’s action also 

proposes to remove the SSM exemption 

from the 2000 federal plan at 40 CFR 

62.14413, and proposes that the 

emissions limits apply at all times, for 

the same reasons. 

VII. HMIWI That Have or Will 

Shutdown 

A. Units That Plan to Close Rather Than 

Comply 

The 2000 federal plan established that 

if you planned to permanently close 

your currently operating HMIWI, you 

must have done so by the date 1 year 

after publication of the final federal plan 

in the Federal Register. Today’s 

proposed amended federal plan retains 

this provision so that if you plan to 

permanently close your currently 

operating HMIWI, you must do so by the 

date 1 year after publication of the final 

amended federal plan in the Federal 

Register. The proposed amendments 

will allow HMIWI owners or operators 

that are planning to shutdown the 

opportunity to petition the EPA for an 

extension beyond the 1-year compliance 

date (but no later than October 6, 2014). 

An example of a facility that might 

petition the EPA for such an extension 

is a facility installing an on-site 

alternative waste treatment technology. 

It is possible that installation cannot be 

completed within 1 year and the facility 

has no feasible waste disposal options 

other than on-site incineration while the 

alternative technology is being installed. 

The requirements for a petition for an 

extension to shutdown under today’s 

proposed federal plan will update the 

compliance date requirements set forth 

at § 62.14471 of subpart HHH. 

If you continue to operate your 

HMIWI 1 year after publication of the 

final amendments to the federal plan in 

the Federal Register, then you must 

comply with the operator training and 

qualification requirements and the 

inspection requirements of the plan by 

the date 1 year after publication of the 

final amendments. This requirement 

includes HMIWI that comply within 1 

year, as well as those that have been 

granted an extension beyond the 1-year 

compliance date (i.e., HMIWI with 

extended retrofit schedules and HMIWI 

granted an extension to shutdown after 

the 1-year compliance date). In addition, 

while still in operation, you are subject 

to the same requirements for Title V 

operating permits that apply to units 

that will not shutdown. 

B. Inoperable Units 

Retaining certain aspects of the 2000 

federal plan, today’s proposed revised 

federal plan includes that in cases 

where a HMIWI has already shutdown, 

has been rendered inoperable and does 

not intend to restart, the HMIWI may be 

left off the source inventory in a 

revised/new state plan or this proposed 

amended federal plan. A HMIWI that 

has been rendered inoperable would not 

be covered by the amended federal plan. 

The HMIWI owner or operator may do 

one the following to render a HMIWI 

inoperable: (1) Weld the waste charge 

door shut, (2) remove stack (and by-pass 

stack, if applicable), (3) remove 

combustion air blowers, or (4) remove 

burners or fuel supply appurtenances. 

C. HMIWI That Have Shutdown 

Retaining certain aspects of the 2000 

federal plan, today’s revised federal 

plan proposal includes any HMIWI that 

are known to have already shutdown 

(but are not known to be inoperable) in 

the source inventory. These HMIWI 

should be identified in any revised/new 

state plan submitted to the EPA. 

1. Restarting Before the Final 

Compliance Date 

If the owner or operator of an inactive 

HMIWI plans to restart before the final 

compliance date, the owner or operator 

must submit a control plan for the 

HMIWI and bring the HMIWI into 

compliance with the applicable 

compliance schedule. Final compliance 

is required for all pollutants and all 

HMIWI no later than the final 

compliance date. 

2. Restarting After the Final Compliance 

Date 

Under this federal plan, as amended, 

a control plan is not needed for inactive 

HMIWI that restart after the final 

compliance date. However, before 

restarting, operators of these HMIWI 

would have to complete the operator 

training and qualification requirements 

and inspection requirements (if 

applicable) and complete retrofit or 

process modifications upon restarting. 

Performance testing to demonstrate 

compliance would be required within 

180 days after restarting. There is no 

need to show that the increments of 

progress have been met since these steps 

would have occurred before restart 

while the HMIWI was shutdown and 

not generating emissions. A HMIWI that 

operates out of compliance after the 

final compliance date would be in 


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violation of the amended federal plan 

and subject to enforcement action. 

VIII. Implementation of the Federal 

Plan and Delegation 

A. Background of Authority 

Under sections 111(d) and 129(b) of 

the CAA, the EPA is required to adopt 

EG that are applicable to existing solid 

waste incineration sources. These EG 

are not enforceable until the EPA 

approves a state plan or adopts a federal 

plan that implements and enforces them 

and the state or federal plan has become 

effective. As discussed above, the 

federal plan regulates HMIWI in states 

that do not have approved plans in 

effect to implement the amended EG. 

Congress has determined that the 

primary responsibility for air pollution 

prevention and control rests with state 

and local agencies. (See section 

101(a)(3) of the CAA.) Consistent with 

that overall determination, Congress 

established sections 111 and 129 of the 

CAA with the intent that the state and 

local agencies take the primary 

responsibility for ensuring that the 

emissions limitations and other 

requirements in the EG are achieved. 

Also, in section 111(d) of the CAA, 

Congress explicitly required that the 

EPA establish procedures that are 

similar to those under section 110(c) for 

state implementation plans. Although 

Congress required the EPA to propose 

and promulgate a federal plan for states 

that fail to submit approvable state 

plans on time, states may submit 

approvable revised/new plans after 

promulgation of the amended HMIWI 

federal plan. The EPA strongly 

encourages states that are unable to 

submit approvable revised/new plans to 

request delegation of the amended 

federal plan so that they can have 

primary responsibility for implementing 

the revised EG, consistent with the 

intent of Congress. 

Approved and effective revised/new 

state plans or delegation of the amended 

federal plan is the EPA’s preferred 

outcome since the EPA believes that 

state and local agencies not only have 

the responsibility to carry out the 

revised EG but also have the practical 

knowledge and enforcement resources 

critical to achieving the highest rate of 

compliance. For these reasons, the EPA 

will do all that it can to expedite 

delegation of the amended federal plan 

to state and local agencies, whenever 

possible, in cases where states are 

unable to develop and submit 

approvable state plans. 

B. Delegation of the Federal Plan and 

Retained Authorities 

As similarly described in the 2000 

federal plan, if a state or tribe intends 

to take delegation of the amended 

federal plan, the state or tribe should 

submit to the appropriate EPA Regional 

Office a written request for delegation of 

authority. The state or tribe should 

explain how it meets the criteria for 

delegation. See generally ‘‘Good 

Practices Manual for Delegation of NSPS 

and NESHAP’’ (EPA, February 1983). 

The letter requesting delegation of 

authority to implement the amended 

federal plan should: (1) Demonstrate 

that the state or tribe has adequate 

resources, as well as the legal and 

enforcement authority to administer and 

enforce the program, (2) include an 

inventory of affected HMIWI units, 

which includes those that have ceased 

operation but have not been dismantled, 

include an inventory of the affected 

units’ air emissions and a provision for 

state progress reports to the EPA, (3) 

certify that a public hearing is held on 

the state delegation request, and (4) 

include a memorandum of agreement 

between the state or tribe and the EPA 

that sets forth the terms and conditions 

of the delegation, the effective date of 

the agreement and would serve as the 

mechanism to transfer authority. Upon 

signature of the agreement, the 

appropriate EPA Regional Office would 

publish an approval notice in the 

Federal Register, thereby incorporating 

the delegation of authority into the 

appropriate subpart of 40 CFR part 62. 

If authority is not delegated to a state 

or tribe, the EPA will implement the 

amended federal plan. Also, if a state or 

tribe fails to properly implement a 

delegated portion of the amended 

federal plan, the EPA will assume direct 

implementation and enforcement of that 

portion. The EPA will continue to hold 

enforcement authority along with the 

state or tribe even when a state or tribe 

has received delegation of the amended 

federal plan. In all cases where the 

amended federal plan is delegated, the 

EPA will retain and will not transfer 

authority to a state or tribe to approve 

the following items that include 

additional items to those listed in the 

2000 federal plan as to correspond to 

those changes promulgated in the 2009 

HMIWI rules: 

(1) Alternative site-specific operating 

parameters established by facilities 

using HMIWI controls other than a wet 

scrubber, dry scrubber followed by a FF, 

or dry scrubber followed by a FF and 

wet scrubber; 

(2) Alternative methods of 

demonstrating compliance, including 

the following methods outlined in the 

October 6, 2009, amendments to the 

HMIWI EG: 

• Approval of CEMS for PM, HCl, 

multi-metals and Hg where used for 

purposes of demonstrating compliance; 

• Approval of continuous automated 

sampling systems for dioxin/furan and 

Hg where used for purposes of 

demonstrating compliance; and 

• Approval of major alternatives to 

test methods; 

(3) Approval of major alternatives to 

monitoring (added in 2009 amended 

EG); 

(4) Waiver of recordkeeping 

requirements (added in 2009 amended 

EG); and 

(5) Performance test and data 

reduction waivers under 40 CFR 60.8(b) 

(added in 2009 amended EG). 

Retaining what was established in the 

2000 federal plan, today’s proposed 

amended federal plan also specifies that 

hospital/medical/infectious waste 

incinerator owners or operators who 

wish to establish alternative operating 

parameters, alternative methods of 

demonstrating compliance, major 

alternatives to monitoring, waiver of 

recordkeeping requirements or 

performance test and data reduction 

waivers should submit a request to the 

Regional Office Administrator with a 

copy to the appropriate state. 

C. Mechanisms for Transferring 

Authority 

There are two mechanisms for 

transferring implementation authority to 

state and local agencies: (1) The EPA 

approval of a revised/new state plan 

after the amended federal plan is in 

effect; and (2) if a state does not submit 

or obtain approval of its own revised/ 

new plan, the EPA delegation to a state 

of the authority to implement certain 

portions of this amended federal plan to 

the extent appropriate and if allowed by 

state law. Both of these options are 

maintained from those which were first 

outlined in the 2000 federal plan, are 

described in more detail below. 

1. Federal Plan Becomes Effective Prior 

to Approval of a State Plan 

After HMIWI in a state become subject 

to the amended federal plan, the state or 

local agency may still adopt and submit 

a revised/new plan to the EPA. If the 

EPA determines that the revised/new 

state plan is as protective as the revised 

EG, the EPA will approve the revised/ 

new state plan. If the EPA determines 

that the plan is not as protective as the 

revised EG, the EPA will disapprove the 

plan and the HMIWI covered in the state 

plan would remain subject to the 

amended federal plan until a revised 


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3For the sake of brevity, the discussion from the 

proposed federal plan regarding Title V and 

delegation of a federal plan is not being repeated. 

See ‘‘Title V and Delegation of a Federal Plan’’ 

section of the proposed federal plan for CISWI, 

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

Nevertheless, the preamble language from this 

section in the proposed rule is hereby reaffirmed in 

this final rule. 

4 If the Administrator chooses to retain certain 

authorities under a standard, those authorities 

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

demonstrating compliance. 

5The 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). 

state plan covering those HMIWI is 

approved and effective. Prior to 

disapproval, EPA will work with states 

to attempt to reconcile areas of the plan 

that remain not as protective as the 

revised EG. 

Upon the effective date of a revised/ 

new state plan, the amended federal 

plan would no longer apply to HMIWI 

covered by such a plan and the state or 

local agency would implement and 

enforce the revised/new state plan in 

lieu of the amended federal plan. When 

an EPA Regional Office approves a 

revised/new state plan, it will amend 

the appropriate subpart of 40 CFR part 

62 to indicate such approval. 

2. State Takes Delegation of the Federal 

Plan 

The EPA, in its discretion, may 

delegate to state agencies the authority 

to implement this amended federal 

plan. As discussed above, the EPA 

believes that it is advantageous and the 

best use of resources for state or local 

agencies to agree to undertake, on the 

EPA’s behalf, administrative and 

substantive roles in implementing the 

amended federal plan to the extent 

appropriate and where authorized by 

state law. If a state requests delegation, 

the EPA will generally delegate the 

entire amended federal plan to the state 

agency. These functions include 

administration and oversight of 

compliance reporting and recordkeeping 

requirements, HMIWI inspections and 

preparation of draft notices of violation 

but will not include any retained 

authorities. State agencies that have 

taken delegation, as well as the EPA, 

will have responsibility for bringing 

enforcement actions against sources 

violating federal plan provisions. 

D. Implementing Authority 

The EPA Regional Administrators 

have been delegated the authority for 

implementing the HMIWI federal plan 

amendments. All reports required by 

these amendments to the federal plan 

should be submitted to the appropriate 

Regional Office Administrator. Section 

II.C. of this preamble includes a table 

that lists names and addresses of the 

EPA Regional Office contacts and the 

states they cover. 

IX. Title V Operating Permits 

All existing HMIWI regulated under 

state or federal plans implementing the 

1997 EG and any HMIWI that was 

regulated under the 1997 NSPS should 

have already applied for and obtained 

Title V operating permits, as required 

under the EG. Title V operating permits 

assure compliance with all applicable 

federal requirements for HMIWI, 

including all applicable CAA section 

129 requirements. (See 40 CFR 

70.2,70.6(a)(1), 71.2 and 71.6(a)(1).) 

Title V operating permits for the 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). 

Today’s proposed revised federal plan 

maintains the 2000 federal plan 

approach, specifying that owners or 

operators of HMIWI that burn only 

pathological waste, low-level 

radioactive waste and/or 

chemotherapeutic waste and co-fired 

combustors, as defined in § 62.14490 of 

subpart HHH, must comply only with 

certain recordkeeping and reporting 

requirements set forth in today’s 

proposed 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 complied with the recordkeeping 

and reporting requirements set forth as 

conditions for their exemption. 

Consistent with the 2000 federal plan, 

owners and operators of these sources as 

listed above would not be required to 

obtain Title V operating permits as a 

matter of federal law if the only reason 

they would potentially be subject to 

Title V is these non-emissions 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 proposal, if, in the future, the 

EPA promulgates regulations subjecting 

any of these sources to requirements 

other than these recordkeeping and 

reporting requirements, these sources 

could become subject to Title V at that 

time. 

A. Title V and Delegation of a Federal 

Plan 

We have previously stated our 

position that issuance of a Title V 

permit is not equivalent to the approval 

of a state plan or delegation of a federal 

plan.3 Legally, delegation of a standard 

or requirement results in a delegated 

state or tribe standing in for the EPA as 

a matter of federal law. This means that 

obligations a source may have to the 

EPA under a federally promulgated 

standard become obligations to a state 

(except for functions that the EPA 

retains for itself) upon delegation.4

Although a state or tribe may have the 

authority under state or tribal law to 

incorporate section 111/129 

requirements into its Title V permits, 

and implement and enforce these 

requirements in these permits without 

first taking delegation of the section 

111/129 federal plan, the state or tribe 

is not standing in for the EPA as a 

matter of federal law in this situation. 

Where a state or tribe does not take 

delegation of a section 111/129 federal 

plan, obligations that a source has to the 

EPA under the federal plan continue 

after a Title V permit is issued to the 

source. As a result, the EPA continues 

to maintain that an approved part 70 

operating permits program cannot be 

used as a mechanism to transfer the 

authority to implement and enforce the 

federal plan from the EPA to a state or 

tribe. As mentioned above, a state or 

tribe may have the authority under state 

or tribal law to incorporate section 111/ 

129 requirements into its Title V 

permits, and implement and enforce 

these requirements in that context 

without first taking delegation of the 

section 111/129 federal plan.5 Some 


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6 It is important to note that an AG’s opinion 

submitted at the time of initial Title V program 

approval is sufficient if it demonstrates that a state 

or tribe has adequate authority to incorporate CAA 

section 111/129 requirements into its Title V 

permits and to implement and enforce these 

requirements through its Title V permits without 

delegation. 

states or tribes, however, may not be 

able to implement and enforce a section 

111/129 standard in a Title V permit 

until the section 111/129 standard has 

been delegated. In these situations, a 

state or tribe should not issue a part 70 

permit to a source subject to a federal 

plan before taking delegation of the 

section 111/129 federal plan. If a state 

or tribe can provide an Attorney 

General’s (AG’s) opinion delineating its 

authority to incorporate section 111/129 

requirements into its Title V permits, 

and then implement and enforce these 

requirements through its Title V permits 

without first taking delegation of the 

requirements, then a state or tribe does 

not need to take delegation of the 

section 111/129 requirements for 

purposes of Title V permittin.6 In 

practical terms, without approval of a 

state or tribal plan, delegation of a 

federal plan, or an adequate AG’s 

opinion, states and tribes with approved 

part 70 permitting programs open 

themselves up to potential questions 

regarding their authority to issue 

permits containing section 111/129 

requirements and to assure compliance 

with these requirements. Such questions 

could lead to the issuance of a notice of 

deficiency for a state’s or tribe’s part 70 

program. As a result, prior to a state or 

tribal permitting authority drafting a 

part 70 permit for a source subject to a 

section 111/129 federal plan, the state or 

tribe, the EPA Regional Office and 

source in question are advised to ensure 

that delegation of the relevant federal 

plan has taken place or that the 

permitting authority has provided to the 

EPA Regional Office an adequate AG’s 

opinion. In addition, if a permitting 

authority chooses to rely on an AG’s 

opinion and not take delegation of a 

federal plan, a section 111/129 source 

subject to the federal plan in that state 

must simultaneously submit to both the 

EPA and the state or tribe all reports 

required by the standard to be submitted 

to the EPA. Given that these reports are 

necessary to implement and enforce the 

section 111/129 requirements when 

they have been included in Title V 

permits, the permitting authority needs 

to receive these reports at the same time 

as the EPA. In the situation where a 

permitting authority chooses to rely on 

an AG’s opinion and not take delegation 

of a federal plan, the EPA Regional 

Offices will be responsible for 

implementing and enforcing section 

111/129 requirements outside of any 

Title V permits. Moreover, in this 

situation, the EPA Regional Offices will 

continue to be responsible for 

developing progress reports and 

conducting any other administrative 

functions required under this federal 

plan or any other section 111/129 

federal plan. See the section IV.J. of this 

preamble titled ‘‘Progress Reports’’. It is 

important to note that the EPA is not 

using its authority under 40 CFR part 

70.4(i)(3) to request that all states and 

tribes which do not take delegation of 

this federal plan submit supplemental 

AG’s opinions at this time. However, the 

EPA Regional Offices shall request, and 

permitting authorities shall provide, 

such opinions when the EPA questions 

a state’s or tribe’s authority to 

incorporate section 111/129 

requirements into a Title V permit and 

implement and enforce these 

requirements in that context without 

delegation. 

X. Statutory and Executive Order 

Reviews 

This section addresses the following 

administrative requirements: Executive 

Orders 12866 and 13563, 13132, 13175, 

13045, 13211 and 12898, PRA, RFA, 

UMRA and the NTTAA. This two-part 

action proposes a revised federal plan 

and proposes amendments to the final 

2009 NSPS. Since this proposed federal 

plan rule merely implements the 

amended HMIWI EG promulgated on 

October 6, 2009 (codified at 40 part 60, 

subpart Ce) as they apply to HMIWI and 

the proposed NSPS amendments clarify 

EPA’s original intent removing the 

startup, shutdown, and malfunction 

exemption in the final NSPS rule 

October 6, 2009 (codified at 40 part 60, 

subpart Ec) and does not impose any 

new requirements, much of the 

following discussion of administrative 

requirements refers to the 

documentation of applicable 

administrative requirements in the 

preamble to the 2009 rule promulgating 

the amended EG and NSPS (74 FR 

51368–51402, October 6, 2009). 

A. Executive Order 12866 and 13563: 

Regulatory Planning and Review 

This proposed action is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735; October 4, 1993) and is, 

therefore, not subject to review under 

the Executive Orders 12866 and 13563 

(76 FR 3821, January 21, 2011). 

The EPA considered the 2009 

amendments to the HMIWI EG to be 

significant and the rule was reviewed by 

the Office of Management and Budget 

(OMB) in 2009. (See 74 FR 51400.) The 

federal plan proposed today would 

simply implement the EG as amended 

in 2009 and does not result in any 

additional control requirements or 

impose any additional costs above those 

previously considered during 

promulgation of the 2009 amended EG. 

Therefore, this regulatory action is 

considered ‘‘not significant’’ under 

Executive Order 12866 and 13563. 

B. Paperwork Reduction Act (PRA) 

This proposed action does not impose 

any new information collection burden. 

This action simply proposes 

amendments to the hospital/medical/ 

infectious waste incinerators federal 

plan to implement the amended 

emission guidelines adopted on October 

6, 2009, for those states that do not have 

an approved revised/new state plan 

implementing the emission guidelines. 

Additionally, today’s action also 

proposes to amend the new source 

performance standards to better reflect 

EPA’s original intent in the October 6, 

2009, final rule in eliminating an 

exemption during startup, shutdown 

and malfunction periods from the 

requirement to comply with standards 

at all times. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations 40 CFR part 60 

subparts CE and EC under the 

provisions on the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB Control Number 2060– 

0422. The OMB Control Numbers for 

EPA’s regulation in 40 CFR are listed in 

40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities 

(SISNOSE). Small entities include small 

businesses, small organizations and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of this proposed action on small 

entities, small entity is defined as 

follows: (1) A small business as defined 

by the Small Business Administration’s 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise that is independently 


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owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s rule on small entities, 

I certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

During the 2009 HMIWI EG rulemaking, 

the EPA estimated that a substantial 

number of small entities would not be 

significantly impacted by the 

promulgated EG. (See 74 FR at 51400– 

51401.) This proposed amended federal 

plan does not establish any new 

requirements. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This proposed action does not contain 

a federal mandate that may result in 

expenditures of $100 million or more 

for state and local governments, in the 

aggregate, or the private sector in any 1 

year. In the preamble to the 2009 EG, 

the national total cost to comply with 

the final rule was estimated to be 

approximately $15.5 million in each of 

the first 3 years of compliance. This 

proposed federal plan, as amended, will 

apply to only a subset of the units 

considered in the cost analysis for the 

EG, and less than 10 percent of the units 

nationwide are state or locally owned. 

Thus, the proposed federal plan, as 

amended, is not subject to the 

requirements of sections 202 or 205 of 

UMRA. 

In addition, the EPA has determined 

that the proposed rule contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments because, as noted above, 

the burden is small and the regulation 

does not unfairly apply to small 

governments. Therefore, the proposed 

rule is also not subject to the 

requirements of section 203 of UMRA. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This proposed 

action will not impose substantial direct 

compliance costs on state or local 

governments and will not preempt state 

law. Thus, Executive Order 13132 does 

not apply to this proposed action. 

In the spirit of Executive Order 13132, 

and consistent with the EPA policy to 

promote communications between the 

EPA and state and local governments, 

the EPA specifically solicits comment 

on this proposed action from state and 

local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). The EPA is not 

aware of any HMIWI owned or operated 

by Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this proposed action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885; April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This proposed action is not subject to 

Executive Order 13045 because it is 

based solely on technology 

performance. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA, Public 

Law 104–113 (15 U.S.C. 272 note) 

directs the EPA to use voluntary 

consensus standards (VCS) in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures and 

business practices) that are developed or 

adopted by VCS bodies. The NTTAA 

directs the EPA to provide Congress, 

through OMB, explanations when the 

EPA decides not to use available and 

applicable VCS. 

This proposed rulemaking involves 

technical standards. The EPA proposes 

to use two VCS in today’s action. One 

VCS, ASME PTC 19.10–1981, ‘‘Flue and 

Exhaust Gas Analyses,’’ is cited in the 

2009 EG and the proposed rule for its 

manual method of measuring the 

content of the exhaust gas as an 

acceptable alternative to EPA Method 

3B of appendix A–2. This standard is 

available from the ASME, P.O. Box 

2900, Fairfield, NJ 07007–2900; or 

Global Engineering Documents, Sales 

Department, 15 Inverness Way East, 

Englewood, CO 80112. 

Another VCS, ASTM D6784–02, 

‘‘Standard Test Method for Elemental, 

Oxidized, Particle-Bound and Total 

Mercury Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro 

Method),’’ is cited in the 2009 EG and 

the proposed rule as an acceptable 

alternative to EPA Method 29 of 

appendix A–8 (portion for Hg only) for 

measuring Hg. This standard is available 

from the ASTM, 100 Barr Harbor Drive, 

Post Office Box C700, West 

Conshohocken, PA 19428–2959; or 

ProQuest, 300 North Zeeb Road, Ann 

Arbor, MI 48106. 

While the EPA has identified 16 VCS 

as being potentially applicable to the 

proposed rule, we have decided not to 

use these VCS in this rulemaking. The 

use of these VCS would be impractical 

because they do not meet the objectives 

of the standards cited in this proposed 

rule. See the docket for the 2009 EG 

(Docket ID No. EPA–HQ–OAR–2006– 

0534), which is being implemented 

under today’s proposed action, for the 

reasons for these determinations. 

Under 40 CFR 62.14495, the EPA 

Administrator retains the authority of 

approving alternative methods of 

demonstrating compliance as 

established under 40 CFR 60.8(b) and 

60.13(i) of 40 CFR part 60, subpart A 

(NSPS General Provisions). A source 

may apply to the EPA for permission to 

use alternative test methods or 

alternative monitoring requirements in 

place of any required EPA test methods, 

performance specifications or 

procedures. 

The EPA welcomes comments on this 

aspect of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable VCS and 

to explain why such standards should 

be used in this regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice (EJ) in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629; 

Feb. 16, 1994) establishes federal 

executive policy on EJ. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make EJ part of 

their mission by identifying and 

addressing, as appropriate, 

disproportionately high and adverse 

human health or environmental effects 

of their programs, policies and activities 

on minority populations and lowincome populations in the United 

States. 


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The EPA has determined that this 

proposed action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it increases the level of 

environmental protection for all affected 

populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population. 

This proposed action implements 

national standards in the 2009 

amendments to the HMIWI EG that 

would result in reductions in emissions 

of Cd, CO, dioxins/furans, HCl, Pb, Hg, 

NOX, PM and SO2 from all HMIWI and 

thus decrease the amount of such 

emissions to which all affected 

populations are exposed. 

List of Subjects in 40 CFR Parts 60 and 

62 

Administrative practice and 

procedure, Air pollution control, 

Environmental protection, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: March 27, 2012. 

Lisa P. Jackson, 

Administrator. 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES: HOSPITAL/ 

MEDICAL/INFECTIOUS WASTE 

INCINERATORS 

For the reasons stated in the 

preamble, Title 40, chapter I, parts 60 

and 62 of the CFR are proposed to be 

amended as follows: 

PART 60—[AMENDED] 

1. The authority citation for part 60 

continues to read as follows: 

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

Subpart Ec—[Amended] 

2. The subpart heading for subpart Ec 

is revised to read as follows: 

Subpart Ec—Standards of 

Performance for New Stationary 

Sources: Hospital/Medical/Infectious 

Waste Incinerators: Final Rule 

Amendments 

3. Section 60.56c is amended by 

revising the first sentence of paragraph 

(d)(2) to read as follows: 

§ 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—FEDERAL PLAN 

REQUIREMENTS FOR HOSPITAL/ 

MEDICAL/INFECTIOUS WASTE 

INCINERATORS CONSTRUCTED ON 

OR BEFORE DECEMBER 1, 2008 

4. The authority citation for part 62 

continues to read as follows: 

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

Subpart HHH—[Amended] 

5. The subpart heading for subpart 

HHH is revised to read as follows: 

Subpart HHH—Federal Plan 

Requirements for Hospital/Medical/ 

Infectious Waste Incinerators 

Constructed On or Before December 1, 

2008 

6. Section 62.14400 is amended by 

revising paragraphs (a) introductory 

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

§ 62.14400 Am I subject to this subpart? 

(a) You are subject to this subpart if 

paragraphs (a)(1), (2)(i) or (ii), and (3) of 

this section are all true: 

* * * * * 

(2)(i) Construction of the HMIWI 

commenced on or before June 20, 1996, 

or modification of the HMIWI 

commenced on or before March 16, 

1998; or 

(ii) Construction of the HMIWI 

commenced after June 20, 1996 but no 

later than December 1, 2008, or 

modification of the HMIWI commenced 

after March 16, 1998 but no later than 

April 6, 2010; and 

* * * * * 

(c) Owners or operators of sources 

that qualify for the exemptions in 

paragraphs (b)(1) or (b)(2) of this section 

must submit records required to support 

their claims of exemption to the EPA 

Administrator (or delegated 

enforcement authority) upon request. 

Upon request by any person under the 

regulation at part 2 of this chapter (or a 

comparable law or regulation governing 

a delegated enforcement authority), the 

EPA Administrator (or delegated 

enforcement authority) must request the 

records in (b)(1) or (b)(2) from an owner 

or operator and make such records 

available to the requestor to the extent 

required by part 2 of this chapter (or a 

comparable law governing a delegated 

enforcement authority). Records 

required under paragraphs (b)(1) and 

(b)(2) of this section must be maintained 

by the source for a period of at least 5 

years. Notifications of exemption claims 

required under paragraphs (b)(1) and 

(b)(2) of this section must be maintained 

by the EPA or delegated enforcement 

authority for as long as the source is 

operating under such exempt status. 

Any information obtained from an 

owner or operator of a source 

accompanied by a claim of 

confidentiality will be treated in 

accordance with the regulations in part 

2 of this chapter (or a comparable law 

governing a delegated enforcement 

authority). 

7. Section 62.14401 is revised to read 

as follows: 

§ 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, 


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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: 

§ 62.14402 If my HMIWI is not listed on the 

federal plan inventory, am I exempt from 

this subpart? 

Not necessarily. Sources subject to 

this subpart include, but are not limited 

to, the inventory of sources listed in 

Docket ID No. EPA–HQ–OAR–2011– 

0405 for the federal plan. Review the 

applicability of § 62.14400 to determine 

if you are subject. 

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 (regardless of size 

category) must not discharge into the 

atmosphere visible emissions of 

combustion ash from an ash conveying 

system (including conveyor transfer 

points) in excess of 5 percent of the 

observation period (i.e., 9 minutes per 3- 

hour period), as determined by EPA 

Reference Method 22 of 40 CFR part 60, 

appendix A–7, except as provided in 

paragraphs (b)(1) and (2) of this section. 

(1) The emissions limit specified in 

paragraph (b) of this section does not 

cover visible emissions discharged 

inside buildings or enclosures of ash 

conveying systems; however, the 

emissions limit does cover visible 

emissions discharged to the atmosphere 

from buildings or enclosures of ash 

conveying systems. 

(2) The provisions specified in 

paragraph (b) of this section do not 

apply during maintenance and repair of 

ash conveying systems. Maintenance 

and/or repair must not exceed 10 

operating days per calendar quarter 

unless you obtain written approval from 

the state agency establishing a date 

when all necessary maintenance and 

repairs of ash conveying systems are to 

be completed. 

11. Section 62.14413 is revised to read 

as follows: 

§ 62.14413 When do the emissions limits 

and stack opacity and visible emissions 

requirements apply? 

The emissions limits and stack 

opacity and visible emissions 

requirements of this subpart apply at all 

times. 

12. Section 62.14422 is amended by 

adding paragraph (a)(14) to read as 

follows: 

* * * * * 

(14) Training in waste segregation 

according to § 62.14430(c). 

13. Section 62.14425 is amended by 

revising paragraph (b) to read as follows: 

* * * * * 

(b) You must conduct your initial 

review of the information listed in 

§ 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 No. 057007) 

is available for purchase from the AHA 

Services, Inc., Post Office Box 933283, 

Atlanta, Georgia 31193–3283. 

(b) If you own or operate commercial 

HMIWI, you must conduct training and 

education programs in waste segregation 

for each of your waste generator clients 

and ensure that each client prepares its 

own waste management plan that 

includes, but is not limited to, the 

provisions listed in this section. 

(c) If you own or operate commercial 

HMIWI, you must conduct training and 

education programs in waste segregation 

for your HMIWI operators. 

15. Section 62.14432 is revised to read 

as follows: 

§ 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) Small rural HMIWI (defined in 

§ 62.14490) are subject to the HMIWI 

inspection requirements. 

(b) All HMIWI equipped with one or 

more air pollution control devices are 

subject to the air pollution control 

device inspection requirements. 

17. Section 62.14441 is revised to read 

as follows: 


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§ 62.14441 When must I inspect my 

HMIWI? 

(a) You must inspect your small rural 

HMIWI by [date 1 year after publication 

of final rule]. 

(b) You must conduct inspections of 

your small rural HMIWI as outlined in 

§ 62.14442(a) annually (no more than 12 

months following the previous annual 

HMIWI inspection). 

(c) You must inspect the air pollution 

control devices on your large, medium, 

small or small rural HMIWI by [date 1 

year after publication of final rule]. 

(d) You must conduct the air 

pollution control device inspections as 

outlined in § 62.14442(b) annually (no 

more than 12 months following the 

previous annual air pollution control 

device inspection). 

18. Section 62.14442 is amended as 

follows: 

a. By redesignating paragraphs (a) 

through (q) as paragraphs (a)(1) through 

(a)(18); 

b. By redesignating introductory text 

as paragraph (a) introductory text; 

c. By revising newly designated 

paragraph (a) introductory text; and 

d. By adding paragraph (a)(17) 

e. By adding paragraph new 

paragraph (b). 

§ 62.14442 What must my inspection 

include? 

(a) At a minimum, you must do the 

following during your HMIWI 

inspection: 

* * * * * 

(17) Include inspection elements 

according to manufacturer’s 

recommendations; and 

(18) * * * 

(b) At a minimum, you must do the 

following during your air pollution 

control device inspection: 

(1) Inspect air pollution control 

device(s) for proper operation, if 

applicable; 

(2) Ensure proper calibration of 

thermocouples, sorbent feed systems 

and any other monitoring equipment; 

and 

(3) Include inspection elements 

according to manufacturer’s 

recommendations; and 

(4) Generally observe that the 

equipment is maintained in good 

operating condition. 

19. Section 62.14443 is revised to read 

as follows: 

§ 62.14443 When must I do repairs? 

(a) You must complete any necessary 

repairs to the HMIWI within 10 

operating days of the HMIWI inspection 

unless you obtain written approval from 

the EPA Administrator (or delegated 

enforcement authority) establishing a 

different date when all necessary repairs 

of your HMIWI must be completed. 

(b) You must complete any necessary 

repairs to the air pollution control 

device within 10 operating days of the 

air pollution control device inspection 

unless you obtain written approval from 

the EPA Administrator (or delegated 

enforcement authority) establishing a 

different date when all necessary repairs 

of your air pollution control device 

must be completed. During the time that 

you effecting repairs to your air 

pollution control device, all emissions 

standards remain in effect according to 

§ 62.14413. 

20. Section 62.14450 is removed and 

reserved. 

21. Section 62.14451 is amended as 

follows: 

a. By revising paragraph (a); 

b. By adding paragraph (b)(3); 

c. By redesignating paragraph (c) as 

paragraph (d); 

d. By adding new paragraph (c); and 

e. By adding paragraph (e). 

§ 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); 

c. By revising newly designated 

paragraph (o); 

d. By redesignating paragraph (m) as 

paragraph (r); 

e. By redesignating paragraphs (g) 

through (k) as paragraphs (i) through 

(m); 

f. By revising newly designated 

paragraphs (i) through (m); 

g. By adding new paragraphs (g) and 

(h); 

h. By adding paragraphs (n), (p) and 

(q). 

§ 62.14452 What test methods and 

procedures must I use? 

* * * * * 

(c) You must use EPA Reference 

Method 1 of 40 CFR part 60, appendix 

A–1 to select the sampling location and 

number of traverse points; 

(d) You must use EPA Reference 

Method 3, 3A or 3B of 40 CFR part 60, 

appendix A–2 for gas composition 

analysis, including measurement of 

oxygen concentration. You must use 

EPA Reference Method 3, 3A or 3B of 

40 CFR part 60, appendix A–2 

simultaneously with each reference 

method. You may use ASME PTC–19– 

10–1981–Part 10 (incorporated by 

reference in 40 CFR 60.17) as an 

alternative to EPA Reference Method 

3B; 

* * * * * 

(f) You must use EPA Reference 

Method 5 of 40 CFR part 60, appendix 

A–3 or Method 26A or Method 29 of 40 

CFR part 60, appendix A–8 to measure 

particulate matter (PM) emissions. You 

may use bag leak detection systems, as 

specified in § 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; 


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(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 determine compliance with the 

fugitive ash emissions limit 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 as 

follows: 

a. By revising paragraph (a) 

introductory text; 

b. By revising paragraph (a)(2); and 

c. By revising paragraph (b). 

§ 62.14453 What must I monitor? 

(a) If your HMIWI uses combustion 

control only, or your HMIWI is 

equipped with a dry scrubber followed 

by a fabric filter (FF), a wet scrubber, a 

dry scrubber followed by a FF and wet 

scrubber, or a selective noncatalytic 

reduction (SNCR) system: 

* * * * * 

(2) After the date on which the initial 

performance test is completed or is 

required to be completed under 

§ 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 


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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 as 

follows: 

a. By revising paragraph (a); 

b. By revising paragraph (b); 

c. By revising paragraph (c); and 

d. By adding paragraph (e). 

§ 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 revised to 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: 


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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. 

(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. 


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And your HMIWI . . . Then you are in violation 

of . . . 

(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 

(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. 


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(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 redesignating paragraphs (b)(7) 

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

through (b)(16); 

b. By revising newly designated 

paragraph (b)(16); 

c. By adding new paragraph (b)(7); 

d. By adding paragraphs (b)(17) 

through (b)(19); and 

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

(f). 

§ 62.14460 What records must I maintain? 

* * * * * 

(b) * * * 

(7) Amount and type of NOX reagent 

used during each hour of operation, as 

applicable; 

* * * * * 

(16) All operating parameter data 

collected, if you are complying by 

monitoring site-specific operating 

parameters under § 62.14453(b). 

(17) Concentrations of CO, PM, HCl, 

Pb, Cd, Hg and dioxin/furan, as 

applicable, as determined by the CEMS 

or continuous automated sampling 

system, as applicable. 

(18) Records of the annual air 

pollution control device inspections, 

any required maintenance and any 

repairs not completed within 10 days of 

an inspection or the timeframe 

established by the Administrator. 

(19) Records of each bag leak 

detection system alarm, the time of the 

alarm, the time corrective action was 

initiated and completed and a brief 

description of the cause of the alarm 

and the corrective action taken, as 

applicable. 

(c) Identification of calendar days for 

which data on emissions rates or 

operating parameters specified under 

paragraph (b)(1) through (17) of this 

section were not obtained, with an 

identification of the emissions rates or 

operating parameters not measured, 

reasons for not obtaining the data, and 

a description of corrective actions taken; 

* * * * * 

(e) Identification of calendar days for 

which data on emissions rates or 

operating parameters specified under 

paragraphs (b)(1) through (17) of this 

section exceeded the applicable limits, 

with a description of the exceedances, 

reasons for such exceedances and a 

description of corrective actions taken. 

(f) The results of the initial, annual 

and any subsequent performance tests 

conducted to determine compliance 

with the emissions limits and/or to 

establish or re-establish operating 

parameters, as applicable, including 

sample calculations, of how the 

operating parameters were established 

or re-established, if applicable. 

* * * * * 

27. Section 62.14463 is amended as 

follows: 

a. By redesignating paragraphs (a) 

through (c) as paragraphs (a)(1) through 

(a)(3); 

b. By revising newly designated 

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

c. By adding paragraph (a)(4); 

d. By redesignating introductory text 

as paragraph (a) introductory text; 

e. By redesignating paragraphs (d) 

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

(a)(12); 

f. By revising newly designated 

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

g. By adding paragraphs (a)(13) 

through (a)(15); and 

h. By adding new paragraph (b). 

§ 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; 

* * * * * 

(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 paragraph (a); 

b. By revising paragraph (b); and 

c. By adding paragraph (d). 

§ 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 (b)(2)(v); and 


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

§ 62.14470 When must I comply with this 

subpart if I plan to continue operation of my 

HMIWI? 

* * * * * 

(a) If you plan to continue operation 

and come into compliance with the 

requirements of this subpart by [date 1 

year after publication of final rule], then 

you must complete the requirements of 

paragraphs (a)(1) through (a)(4) of this 

section. 

(1) You must comply with the 

operator training and qualification 

requirements and inspection 

requirements (if applicable) of this 

subpart by [date 1 year after publication 

of final rule]. 

(2) You must achieve final 

compliance by [date 1 year after 

publication of final rule]. This includes 

incorporating all process changes and/or 

completing retrofit construction, 

connecting the air pollution control 

equipment or process changes such that 

the HMIWI is brought online, and 

ensuring that all necessary process 

changes and air pollution control 

equipment are operating properly. 

(3) You must conduct the initial 

performance test required by 

§ 62.14451(a) within 180 days after the 

date when you are required to achieve 

final compliance under paragraph (a)(2) 

of this section. 

* * * * * 

(b) If you plan to continue operation 

and come into compliance with the 

requirements of this subpart after [date 

1 year after publication of final rule], 

but before October 6, 2014, then you 

must complete the requirements of 

paragraphs (b)(1) through (b)(4) of this 

section. 

(1) You must comply with the 

operator training and qualification 

requirements and inspection 

requirements (if applicable) of this 

subpart by [date 1 year after publication 

of final rule]. 

(2) * * * 

(i) You must submit a final control 

plan by October 6, 2012. Your final 

control plan must, at a minimum, 

include a description of the air 

pollution control device(s) or process 

changes that will be employed for each 

unit to comply with the emissions limits 

and other requirements of this subpart. 

(ii) You must award contract(s) for onsite construction, on-site installation of 

emissions control equipment or 

incorporation of process changes by 

May 6, 2013. You must submit a signed 

copy of the contract(s) awarded. 

(iii) You must begin on-site 

construction, begin on-site installation 

of emissions control equipment or begin 

process changes needed to meet the 

emissions limits as outlined in the final 

control plan by January 6, 2014. 

(iv) You must complete on-site 

construction, installation of emissions 

control equipment or process changes 

by August 6, 2014. 

(v) You must achieve final 

compliance by October 6, 2014. This 

includes incorporating all process 

changes and/or completing retrofit 

construction as described in the final 

control plan, connecting the air 

pollution control equipment or process 

changes such that the HMIWI is brought 

online and ensuring that all necessary 

process changes and air pollution 

control equipment are operating 

properly. 

(3) You must conduct the initial 

performance test required by 

§ 62.14451(a) within 180 days after the 

date when you are required to achieve 

final compliance under paragraph 

(b)(2)(v) of this section. 

* * * * * 

30. Section 62.14471 is amended as 

follows: 

a. By revising paragraph (a); 

b. By revising paragraph (b) 

introductory text; 

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

(b)(1)(i); and 

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

(b)(3). 

§ 62.14471 When must I comply with this 

subpart if I plan to shutdown? 

* * * * * 

(a) If you plan to shutdown by [date 

1 year after publication of final rule], 

rather that come into compliance with 

the requirements of this subpart, then 

you must shutdown by [date 1 year after 

publication of final rule], to avoid 

coverage under any of the requirements 

of this subpart. 

(b) If you plan to shutdown rather 

than come into compliance with the 

requirements of this subpart but are 

unable to shutdown by [date 1 year after 

publication of final rule], then you may 

petition the EPA for an extension by 

following the procedures outlined in 

paragraphs (b)(1) through (b)(3) of this 

section. 

(1) You must submit your request for 

an extension to the EPA Administrator 

(or delegated enforcement authority) by 

[date 90 days after publication of final 

rule]. Your request must include: 

(i) Documentation of the analyses 

undertaken to support your need for an 

extension, including an explanation of 

why your requested extension date is 

sufficient time for you to shutdown 

while [date 1 year after publication of 

final rule], does not provide sufficient 

time for shutdown. Your documentation 

must include an evaluation of the 

option to transport your waste offsite to 

a commercial medical waste treatment 

and disposal facility on a temporary or 

permanent basis; and 

* * * * * 

(2) You must shutdown no later than 

October 6, 2014. 

(3) You must comply with the 

operator training and qualification 

requirements and inspection 

requirements (if applicable) of this 

subpart by [date 1 year after publication 

of final rule]. 

31. Section 62.14472 is amended as 

follows: 

a. By revising paragraph (a) 

introductory text; 

b. By revising paragraph (b) 

introductory text; 

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

(b)(4); 

d. By revising paragraph (c) 

introductory text; and 

e. By revising paragraph (c)(1). 

§ 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 [date 1 year after publication of 

final rule]; or 

(2) Meet the compliance schedule 

outlined in § 62.14470(b) if you restart 

after [date 1 year after publication of 

final rule]. Any missed increments of 

progress need to be completed prior to 

or upon the date of restart. 

(b) If you plan to shutdown by [date 

1 year after publication of final rule], 

and restart after October 6, 2014, then 

you must complete the requirements of 

paragraphs (b)(1) through (b)(5) of this 

section. 

(1) You must shutdown by [date 1 

year after publication of final rule]. 

* * * * * 

(4) You must conduct the initial 

performance test required by 

§ 62.14451(a) within 180 days after the 

date when you restart. 

* * * * * 

(c) If you plan to shutdown after [date 

1 year after publication of final rule], 

and restart after October 6, 2014, then 

you must complete the requirements of 

paragraphs (c)(1) and (c)(2) of this 

section. 

(1) You must petition the EPA for an 

extension by following the procedures 

outlined in § 63.14471(b)(1) through 

(b)(3). 

* * * * * 

32. Section 62.14490 is amended as 

follows: 


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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.’’ 

§ 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, 

C = Pv × 15,000/8,500 (Eq. 2) 

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, 

C = Pv × 4.5/8 (Eq. 3) 

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 as 

follows: 

a. By revising paragraph (b); 

b. By adding paragraph (c); 

c. By adding paragraph (d); and 

d. By adding paragraph (e). 

§ 62.14495 What authorities will be 

retained by the EPA Administrator? 

* * * * * 

(b) Approval of alternative methods of 

demonstrating compliance under 40 

CFR 60.8, including: 

(1) Approval of CEMS for PM, HCl, 

multi-metals and Hg where used for 

purposes of demonstrating compliance, 

(2) Approval of continuous automated 

sampling systems for dioxin/furan and 

Hg where used for purposes of 

demonstrating compliance, and 

(3) Approval of major alternatives to 

test methods; 

(c) Approval of major alternatives to 

monitoring; 

(d) Waiver of recordkeeping 

requirements; and 

(e) Performance test and data 

reduction waivers under 40 CFR 60.8(b). 

33. Table 1 to Subpart HHH is revised 

to read as follows: 

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

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 compli- HMIWI size ance using this method b

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. 


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24298 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 

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

Continued 

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 compli- HMIWI size ance using this method b

Small rural Small Medium Large 

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). 

34. Table 2 to Subpart HHH is revised 

to read as follows: 

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 

35. Table 3 to Subpart HHH is revised 

to read as follows: 

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

AND RECORDING FREQUENCIES

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: 


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Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Proposed Rules 24299 

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 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 .... .................. ✓ .................. ✓ ..................

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. 2012–9093 Filed 4–20–12; 8:45 am] 

BILLING CODE 6560–50–P 


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