```

[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Rules and Regulations]
[Pages 28051-28078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09427]

[[Page 28051]]

Vol. 78

Monday,

No. 92

May 13, 2013

Part III

Environmental Protection Agency

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40 CFR Parts 60 and 62

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

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

[[Page 28052]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 62

[EPA-HQ-OAR-2011-0405 and EPA-HQ-OAR-2006-0534; FRL-9802-3]
RIN 2060-AR-11 and RIN 2060-A004

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes amendments to the federal plan and the 
new source performance standards for hospital/medical/infectious waste 
incinerators. This final action implements national standards 
promulgated in the 2009 amendments to the hospital/medical/infectious 
waste incinerator emissions guidelines that will result in reductions 
in emissions of certain pollutants from all affected units.

DATES: The effective date of this rule is June 12, 2013.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-HQ-OAR-2011-0405 and Legacy Docket ID Number A-98-
24. The EPA has established a docket for the hospital/medical/
infectious waste incinerator (HMIWI) rules under Docket ID Number EPA-
HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All documents in 
the docket are listed in the www.regulations.gov index. Although listed 
in the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically at 
www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, 
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the EPA 
Docket Center is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION: Organization of This Document. The following 
outline is provided to aid in locating information in this preamble.

I. General Information
    A. Does the final action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information
    A. What is the regulatory development background for this final 
rule?
    B. What is the purpose of this final rule?
    C. What is the status of state plan submittals?
    D. What are the elements of the amended HMIWI federal plan?
III. Affected Facilities
    A. What is a HMIWI?
    B. Does the federal plan apply to me?
    C. How do I determine if my HMIWI is covered by an approved and 
effective state plan?
IV. Summary of Changes Since Proposal and Response to Public 
Comments
    A. State Plans and Negative Declarations
    B. Visible Ash Emissions Limitation
    C. Initial and Annual HMIWI Unit Inspection
V. Summary of Final Amendments to HMIWI Federal Plan
    A. What are the final amendments to applicability?
    B. What are the final amendments to the emissions limits?
    C. What are the final amendments to the waste management plan 
requirements?
    D. What are the final amendments to the inspection requirements?
    E. What are the final amendments to the performance testing and 
monitoring requirements?
    F. What are the final amendments to the recordkeeping and 
reporting requirements?
    G. What are the final amendments to the compliance schedule?
    H. What are the other final amendments?
VI. Summary of Final Amendments to HMIWI NSPS
    A. What are the final amendments to the emissions limits?
VII. HMIWI That Have or Will Shutdown
    A. Units That Plan To Close Rather Than Comply
    B. Inoperable Units
    C. HMIWI That Have Shutdown
VIII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
IX. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
X. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice (EJ) in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

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

I. General Information

A. Does the final action apply to me?

    Regulated Entities. If you own or operate an existing HMIWI and are 
not already subject to an EPA-approved and effective state plan 
implementing the October 6, 2009, revised emissions guidelines (EG), 
you may be covered by this final federal plan. Existing HMIWI are those 
that commenced construction on or before December 1, 2008, or commenced 
modification on or before April 6, 2010. In addition, if you own or 
operate a new HMIWI, you may be covered by this final amended new 
source performance standard (NSPS). New HMIWI are those that commenced 
construction after December 1, 2008, or commenced modification after 
April 6, 2010. Regulated categories and entities include those listed 
in the following table.

----------------------------------------------------------------------------------------------------------------
                   Category                       NAICS* code            Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................................          622110  Private hospitals, other health care facilities,
                                                                 commercial research laboratories, commercial
                                                                 waste disposal companies, private universities.
                                                        622310

[[Page 28053]]

 
                                                        325411
                                                        325412
                                                        562213
                                                        611310
Federal Government............................          622110  Federal hospitals, other health care facilities,
                                                                 public health service, armed services.
                                                        541710
                                                        928110
State/Local/Tribal Government.................          622110  State/local hospitals, other health care
                                                                 facilities, state/local waste disposal
                                                                 services, state universities.
                                                        562213
                                                        611310
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System.

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

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
the final action will be available on the World Wide Web (WWW) through 
the EPA's Technology Transfer Network (TTN). Following signature, a 
copy of the final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control. 
Additionally in the rule docket, the EPA will include a redline 
strikeout version of the full regulatory text, comparing the 2000 rule 
text and the today's final amended rule text.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
these final rules is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by July 12, 2013. Section 307(d)(7)(B) of the CAA further 
provides that ``only an objection to this final rule that was raised 
with reasonable specificity during the period for public comment can be 
raised during judicial review.'' This section also provides a mechanism 
for the EPA to convene a proceeding for reconsideration, ``[i]f the 
person raising an objection can demonstrate to EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of this 
rule.'' Any person seeking to make such a demonstration to the EPA 
should submit a Petition of Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20004, with a copy 
to both of the contacts list in the preceding FOR FURTHER INFORMATION 
CONTACT section, and the Associate General Counsel for the Air and 
Radiation Law Office, Office of General Council (Mail Code 2344A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20004. Note under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce these requirements.

II. Background Information

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

    Section 129 of the CAA requires the EPA to develop NSPS and EG for 
``units combusting hospital waste, medical waste and infectious 
waste.'' On September 15, 1997, the EPA promulgated NSPS for new HMIWI, 
codified at 40 CFR part 60 subpart Ec, and EG for existing HMIWI, 
codified at 40 CFR part 60 subpart Ce. (See 62 FR 48348.) The NSPS and 
EG were designed to reduce air pollution emitted from these HMIWI, 
including cadmium (Cd), carbon monoxide (CO), dioxins/furans (total, or 
2,3,7,8-Tetrachlorodibenzo-p-Dioxin toxic equivalency (TEQ)), hydrogen 
chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides 
(NOX), opacity, particulate matter (PM) and sulfur dioxide 
(SO2). The 1997 NSPS applied to HMIWI for which construction 
began after June 20, 1996, and required compliance within 6 months 
after startup or by March 16, 1998, whichever date was later. The 1997 
EG applied to HMIWI for which construction began on or before June 20, 
1996, and required compliance no later than September 15, 2002.
    On March 2, 1999, in Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 
1999), the Court remanded the rule to the EPA for further explanation 
regarding how the EPA derived the maximum achievable control technology 
(MACT) emissions standards for HMIWI. The Court did not vacate the 
regulations and the regulations remained in effect during the remand.
    On July 6, 1999, the EPA proposed the federal plan requirements for 
HMIWI units constructed on or before June 20, 1996 (64 FR 36426). The 
federal plan covered existing HMIWI located in states that did not have 
an approved state plan. Furthermore, the federal plan implemented and 
enforced the EG in Indian country until tribes receive approval to 
administer their own programs. On August 15, 2000, the EPA promulgated 
the federal plan requirements for HMIWI units constructed on or before 
June 20, 1996 (65 FR 49868). The 1997 HMIWI rules were fully 
implemented by September 2002.
    On February 6, 2007, the EPA proposed a response to the Court's 
remand of HMIWI. (See 72 FR 5510.) The proposed response would have 
revised some of the emissions limits in the NSPS and EG. In addition to 
responding to the Court's remand, the EPA also proposed its first 5-
year review of the HMIWI standards. Every 5 years after adopting a MACT 
standard under section 129, CAA section 129(a)(5) requires the EPA to 
review and, if appropriate, revise the incinerator standards.
    On December 1, 2008, the EPA reproposed its response to the Court's 
remand and 5-year review (73 FR

[[Page 28054]]

72962). The EPA's decision to repropose its response to the remand was 
based on a number of factors, including further rulings by the Court 
that were issued after the 2007 proposal was published. In addition, 
public comments regarding the 2007 proposal raised issues that, upon 
further consideration, the EPA concluded would best be addressed 
through a reproposal. In response to public comments on the 2008 
reproposal, the EPA further revised the standards and, on October 6, 
2009, published final revisions to the September 1997 NSPS and EG to 
respond to the remand and satisfy the 5-year review requirement under 
CAA section 129(a)(5) (74 FR 51367). On April 4, 2011, the EPA 
promulgated amendments to the NSPS and EG, correcting inadvertent 
drafting errors in the NOX and SO2 emissions 
limits for large HMIWI in the NSPS which did not correspond to our 
description of our standard-setting process; correcting erroneous 
cross-references in the reporting and recordkeeping requirements in the 
NSPS, clarifying that compliance with the EG must be expeditious if a 
compliance extension is granted; correcting the inadvertent omission of 
delegation of authority provisions in the EG; correcting errors in the 
units' description for several emissions limits in the EG and NSPS; and 
removing extraneous text from the HCl emissions limit for large HMIWI 
in the EG (76 FR 18407).
    On April 23, 2012, the EPA proposed amendments to the existing 
HMIWI federal plan to implement the amended EG adopted on October 6, 
2009, for those states that do not have an approved revised/new state 
plan implementing the EG, as amended, in place by October 6, 2011 (77 
FR 24272). Also on April 23, 2012, the EPA proposed to amend the NSPS 
to better reflect our original intent in the October 6, 2009, final 
rule in eliminating an exemption during startup, shutdown and 
malfunction (SSM) periods from the requirement to comply with standards 
at all times (77 FR 24272). Today's action will finalize the amendments 
to the federal plan and NSPS.

B. What is the purpose of this final rule?

    Section 129 of the CAA relies upon states as the preferred 
implementers of EG for existing HMIWI. For the EG to be enforceable, it 
must be implemented through either a state plan approved by the EPA, or 
through a federal plan promulgated by notice and comment rulemaking. To 
make the HMIWI EG enforceable in states with existing HMIWI, states are 
required to submit plans that implement and enforce the amended EG to 
the EPA within 1 year of promulgation of the EG. For states that have 
existing HMIWI but do not have an EPA-approved and effective plan, the 
EPA must develop and implement a federal plan within 2 years following 
promulgation of the EG. The federal plan is an interim measure to 
ensure that emissions standards are implemented until states assume 
their role as the preferred implementers of the EG. States without any 
existing HMIWI are directed to submit to the Administrator a letter of 
negative declaration certifying that there are no HMIWI in the state. 
No plan is required for states that do not have any HMIWI. Hospital/
medical/infectious waste incinerators located in states that mistakenly 
submit a letter of negative declaration would be subject to the federal 
plan until a state plan becomes approved and effective covering those 
HMIWI.
    State plans to implement the EG adopted on September 15, 1997, are 
already in place and the EPA adopted a HMIWI federal plan on August 15, 
2000, (65 FR 49868) to implement the September 15, 1997, EG for those 
HMIWI not covered by an approved state plan. Revised or new state plans 
to implement the amended EG adopted on October 6, 2009, from 8 states 
are final or currently undergoing EPA review to become final. The 
deadline for submitting revised/new state plans for EPA review was 
October 6, 2010. The EPA strongly encourages states that are unable to 
submit approvable revised/new plans to request delegation of the 
amended federal. The EPA has not received state plans or negative 
declarations from 25 states and or territories. Eight states and or 
territories have indicated they intend to accept delegation of the 
federal plan.
    Today's action finalizes amendments to the HMIWI federal plan to 
implement the amended EG adopted on October 6, 2009, for those states 
that did not have an approved revised/new state plan in place by 
October 6, 2011. Sections 111 and 129 of the CAA and 40 CFR 60.27(c) 
and (d) require the EPA to develop, implement and enforce a federal 
plan to cover existing HMIWI located in states that do not have an 
approved plan within 2 years after promulgation of the EG (by October 
6, 2011). The EPA is finalizing amendments to the HMIWI federal plan 
now so that a promulgated federal plan will go into place for any such 
states, and thus ensuring implementation and enforcement of the amended 
HMIWI EG.
    The amended EG adopted on October 6, 2009, required improvements in 
performance for 50 of the then operating 57 units.\1\ Incineration of 
hospital/medical/infectious waste causes the release of a wide array of 
air pollutants, some of which exist in the waste feed material and are 
released unchanged during combustion, and some of which are generated 
as a result of the combustion process itself. The EPA estimated a total 
emissions reduction of 393,000 pounds per year of the regulated 
pollutants from the 2009 EG, of which acid gases (i.e., HCl and 
SO2) comprise about 62 percent, PM about 0.8 percent, CO 
about 0.3 percent, NOX about 37 percent, and metals (i.e., 
Pb, Cd and Hg) and dioxins/furans about 0.2 percent. The EPA also 
estimated that air pollution control devices that would be installed to 
comply with the 2009 rule would also effectively reduce emissions of 
pollutants such as polycyclic organic matter (POM) and polychlorinated 
biphenyls (PCBs). The 2009 final rule's revised waste management plan 
provisions encourage segregation of types of waste that lead to 
reductions in emissions, such as chlorinated plastics and PCB-
containing wastes.
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    \1\ See 74 FR 51371-51375, 51396-51399, and 51399-51400 to 
reference the regulatory background, summary of final rule changes, 
and impacts of the amended EG adopted on October 6, 2009.
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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    Florida; Illinois; Indiana; West
 state plans.                   Virginia.

[[Page 28055]]

 
II. Anticipated states to      Connecticut; Michigan; Wisconsin.
 submit negative declarations
 to the EPA.
III. Negative declaration      Alabama; Jefferson County (Birmingham),
 submitted/EPA approved.        Alabama; Arkansas; Delaware; District of
                                Columbia; Iowa; Kentucky; Jefferson
                                County (Louisville), Kentucky;
                                Louisiana; Maine; Massachusetts; New
                                Hampshire; New York; Forsyth County
                                (Winston-Salem), North Carolina;
                                Buncombe County (Asheville), North
                                Carolina; Philadelphia County,
                                Pennsylvania; Puerto Rico; Rhode Island;
                                South Carolina; Vermont; Virginia.
IV. Final state plans          Maryland; Missouri; North Carolina; North
 submitted to the EPA.          Dakota.
V. Draft state plans
 submitted to the EPA.
VI. States for which the EPA   Huntsville, Alabama; Alaska, American
 has not received a draft or    Samoa; Arizona; Maricopa County,
 final plan or negative         Arizona; Pima County, Arizona; Pinal
 declaration.                   County, Arizona; California; Colorado;
                                Georgia; Guam; Hawaii; Kansas;
                                Mississippi; Montana; Nebraska; Nevada;
                                City of Albuquerque, New Mexico; New
                                Mexico; Mecklenburg County (Charlotte),
                                North Carolina; Ohio; Oklahoma; South
                                Dakota; Tennessee; Texas; Utah; Wyoming.
VII. Anticipated states to     Idaho; Minnesota; New Jersey; Oregon;
 accept delegation of federal   Pennsylvania; Allegheny County,
 plan.                          Pennsylvania; Virgin Islands;
                                Washington.
------------------------------------------------------------------------

    The above list shows which states have an EPA approved state plan 
in effect by the date of signature of this notice. As Regional Offices 
approve state plans, they will also, in the same action, amend the 
appropriate subpart of 40 CFR part 62 to codify their approvals.
    The EPA will maintain a list of revised/new state plan submittals 
and approvals on the TTN Air Toxics Web site at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html. The list will help HMIWI owners or 
operators determine whether their HMIWI is affected by a state plan or 
the federal plan.
    Owners and operators of HMIWI can also contact the EPA Regional 
Office for the state in which their HMIWI is located to determine 
whether there is an approved and effective revised/new state plan in 
place. The following table lists the names, email addresses and 
telephone numbers of the EPA Regional Office contacts and the states 
and protectorates that they cover.

                        Regional Office Contacts
------------------------------------------------------------------------
                         Regional                           States and
       Region            contact            Phone         protectorates
------------------------------------------------------------------------
Region I...........  Patrick Bird,       (617) 918-1287  Connecticut,
                      bird.patrick@e                      Massachusetts,
                      pa.gov.                             Maine, New
                                                          Hampshire,
                                                          Rhode Island,
                                                          Vermont.
Region II..........  Ted Gardella,       (212) 637-3892  New York, New
                      gardella.antho                      Jersey, Puerto
                      ny@epa.gov.                         Rico, Virgin
                                                          Islands.
Region III.........  Mike Gordon,        (215) 814-2039  Virginia,
                      gordon.mike@ep                      Delaware,
                      a.gov.                              District of
                                                          Columbia,
                                                          Maryland,
                                                          Pennsylvania,
                                                          West Virginia.
Region IV..........  Stan Kukier,        (404) 562-9046  Florida,
                      Kukier.stan@ep                      Georgia, North
                      a.gov.                              Carolina,
                                                          Alabama,
                                                          Kentucky,
                                                          Mississippi,
                                                          South
                                                          Carolina,
                                                          Tennessee.
Region V...........  Margaret            (312) 353-1151  Minnesota,
                      Sieffert,                           Wisconsin,
                      sieffert.marga                      Illinois,
                      ret@epa.gov.                        Indiana,
                                                          Michigan,
                                                          Ohio.
Region VI..........  Steve Thompson,     (214) 665-2769  Arkansas,
                      thompson.steve                      Louisiana, New
                      @epa.gov.                           Mexico,
                                                          Oklahoma,
                                                          Texas.
Region VII.........  Lisa Hanlon,        (913) 551-7599  Iowa, Kansas,
                      hanlon.lisa@ep                      Missouri,
                      a.gov.                              Nebraska.
Region VIII........  Kendra              (303) 312-6145  Colorado,
                      Morrison,                           Montana, North
                      Morrison.kendr                      Dakota, South
                      a@epa.gov.                          Dakota, Utah,
                                                          Wyoming.
Region IX..........  Joseph Lapka,       (415) 947-4226  Arizona,
                      lapka.joseph@e                      California,
                      pa.gov.                             Hawaii,
                                                          Nevada,
                                                          American
                                                          Samoa, Guam,
                                                          Northern
                                                          Mariana
                                                          Islands.
Region X...........  Heather Valdez,     (206) 553-6220  Alaska, Idaho,
                      valdez.heather                      Oregon,
                      @epa.gov.                           Washington.
------------------------------------------------------------------------

D. What are the elements of the amended HMIWI Federal Plan?

    Section 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require states to develop and implement state plans for 
HMIWI to implement and enforce the promulgated EG. Subparts B and Ce of 
40 CFR part 60 require states to submit state plans that include 
specified elements. Because this federal plan is being adopted in lieu 
of state plans, it includes the same essential elements: (1) 
Identification of legal authority and mechanisms for implementation; 
(2) inventory of HMIWI; (3) emissions inventory; (4) emissions limits; 
(5) compliance schedules; (6) public hearing; (7) testing, monitoring, 
recordkeeping and reporting; (8) waste management plan; (9) operator 
training and qualification; and (10) progress reporting. See 40 CFR 
part 62, subparts HHH and sections 111 and 129 of the CAA. Each element 
was discussed in detail as it relates to the federal plan in the 
preamble of the proposed rule (77 FR 24272). The EPA received a total 
of five public comments suggesting corrections to which states 
submitted state plans or negative declarations and regulatory text 
edits regarding visible emissions and annual inspections. A summary of 
these comments and the EPA's responses is presented in section IV. 
``Summary of Changes Since Proposal and Response to Public Comments'' 
of this preamble.

III. Affected Facilities

A. What is a HMIWI?

    The term ``HMIWI'' means any device that combusts any amount of 
hospital waste and/or medical/infectious waste, as defined in 40 CFR 
part 62, subpart HHH. Six types of combustion units,

[[Page 28056]]

which are listed in Sec.  62.14400 of subpart HHH, are conditionally 
exempt from specific provisions of the currently promulgated 2000 
federal plan and would continue to be so under today's final amended 
federal plan.

B. Does the federal plan apply to me?

    Today's final amended federal plan will apply to you if you are the 
owner or operator of a combustion device that combusts hospital waste 
and/or medical/infectious waste (as defined in subpart HHH) and the 
device is not covered by an approved and effective state plan as of 
October 6, 2011. The federal plan will cover your HMIWI until the EPA 
approves a state plan that covers your HMIWI and that plan becomes 
effective.
    If you began the construction of your HMIWI on or before December 
1, 2008, or began modification of your HMIWI on or before April 6, 
2010, it is considered an existing HMIWI and could be subject to the 
federal plan. If you began the construction of your HMIWI after 
December 1, 2008, or began modification of your HMIWI after April 6, 
2010, it is considered a new HMIWI and subject to the NSPS.
    Your existing HMIWI will be subject to this federal plan if, on the 
effective date of the amended federal plan, the EPA has not approved 
the revised/new state plan implementing the amended EG that covers your 
unit or the 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 
continues to apply, as amended, under the final revised federal plan. 
The amended federal plan will become effective 30 days after final 
promulgation of these amendments.
    Once an approved revised/new state plan is in effect, the final 
amended federal plan will no longer apply to HMIWI covered by such 
plan. An approved state plan is a plan developed by a state that the 
EPA has reviewed and approved based on the requirements in 40 CFR part 
60, subpart B, to implement and enforce 40 CFR part 60, subpart Ce. The 
state plan is effective on the date specified in the notice published 
in the Federal Register announcing the EPA's approval of the plan. 
Today's promulgation of an amended HMIWI federal plan will not preclude 
states from submitting a plan or seeking delegation of the federal 
plan. If a state submits a plan after the promulgation of amendments to 
the HMIWI federal plan, the EPA will review and approve or disapprove 
the state plan. If the EPA approves a plan, then the amended HMIWI 
federal plan will no longer apply to HMIWI covered by the state plan as 
of the effective date of the state plan. If a HMIWI were overlooked by 
a state and the state submitted a negative declaration letter, or if an 
individual HMIWI were not covered by an approved and effective state 
plan, the HMIWI will be subject to this final amended federal plan. If 
a state or tribe intends to take delegation of the amended federal 
plan, the state or tribe should submit to the appropriate EPA Regional 
Office a written request for delegation of authority as described in 
section VIII. B. ``Delegation of the Federal Plan and Retained 
Authorities''.

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

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

IV. Summary of Changes Since Proposal and Response to Public Comments

    Today's rules will be finalized as proposed except in several areas 
that were revised for further clarification as a result of public 
comments received. Furthermore, although the EPA did not receive 
adverse comments on the schedule for sources to show they have met 
increments of progress, the EPA has adjusted the schedule to account 
for the timeframe of signature of this federal plan and not impose any 
deadlines retroactively. The EPA received a total of five public 
comments on the proposed amended federal plan rulemaking, one of which 
was also inadvertently duplicated and submitted to the NSPS docket. No 
public hearing was requested, and therefore, none was held. After 
consideration of all the public comments received and due to the 
extended timeframe for finalizing the rule, the EPA is making several 
changes to the amended federal plan. The following section is a summary 
of the public comments received, our responses and rationale for the 
changes made. All of the public comments are located in the respective 
dockets, which can be accessed by following the instructions outlined 
in the ADDRESSES section of this preamble. Additional discussion on the 
revisions to the schedule for increments of progress can be found in 
section V.G. of this preamble.

A. State Plans and Negative Declarations

    Comment: A number of commenters identified inadvertent mistakes in 
the table outlining the status of the state plan submittals at 
proposal. Specifically, commenters identified that the state of Alabama 
did submit to the EPA a formal letter of negative declaration declaring 
that no HMIWI unit is located within the boundaries of the state. 
Additionally, commenters identified that the states of Missouri and 
North Carolina did in fact obtain state plan approval from the EPA. 
Commenters further clarified that the state of Alaska withdrew their 
letter of negative declaration submitted to the EPA in 2012.
    Response: The EPA agrees with the commenters and has corrected the 
status of their state submittals in section II. C. of this final 
preamble. The EPA will maintain a list of revised/new state plan 
submittals and approvals on the TTN Air Toxics Web site at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html.

B. Visible Ash Emissions Limitation

    Comment: One commenter highlighted that proposed section 
62.14412(b) requires all HMIWI to not discharge visible emissions of 
combustion ash from an ash conveying system to the atmosphere in excess 
of 5 percent of the observation period. The commenter further 
identified that the 2009 EG, by referencing the NSPS, only establishes 
a visible emissions standard for combustion ash from an ash conveying 
system for those sources defined in section 60.50c(a)(1) and (a)(2) 
(large HMIWI for which construction commenced between June 20, 1996, 
and December 1, 2008, or which modification commenced between March 16, 
1998, and April 6, 2010), and 60.50c(a)(3) and (4) (i.e., those HMIWI 
subject to the NSPS for which construction commenced after December 1, 
2008, or for which modification commenced after April 6, 2010). 
Existing sources, regulated under the EG and as defined in section 
60.32e(a)(1) (HMIWI which construction was commenced on or before June 
20, 1996, or for which modification was commenced on or before March 
16, 1998), are not required to meet a visible emission standard for 
combustion ash from an ash conveying system. The commenter requests 
that the EPA

[[Page 28057]]

update the amendatory text by deleting section 62.14412(b) so that the 
final federal plan reflects the EG.
    Response: The EPA agrees with the commenter's interpretation of 
proposed section 62.14412(b) and the 2009 EG. Under the 1997 NSPS in 
section 60.52c(c), new large HMIWI were subject to a 5 percent visible 
emissions limit for fugitive emissions generated during ash handling. 
To demonstrate compliance with this emissions limit, new large HMIWI 
were required under section 60.56c(b)(12) to conduct annual performance 
tests for fugitive emissions from ash handling using EPA Method 22. The 
1997 EG, in sections 60.37e(a) and (b), did not apply this 5 percent 
visible emissions limit requirement to existing HMIWI. As the commenter 
points out, existing sources, as regulated under the 2009 EG and 
defined in section 60.32e(a)(1), are not required to meet a visible 
emission standard for combustion ash from an ash conveying system. 
However, in the 2009 amendments to the EG in sections 60.37e(a)(2) and 
(b)(2), the EPA did not carry forward the exclusion of the minimal 
testing requirement to the other HMIWI that became subject to the 
amended emission standards. The EPA explained the reasoning for this in 
the preambles to the 2007 proposal and 2008 re-proposed EG stating that 
the testing provision was selected to provide additional assurance that 
sources continue to operate at the levels established during their 
first performance test. Existing HMIWI will be required to measure 
fugitive ash emissions during their next performance test. 
Specifically, sections 60.37e(a)(2) and 60.37e(b)(2) of the 2009 EG 
provide that facilities defined in section 60.32e(a)(1) and (a)(2) 
subject to the emissions limits in section 60.33e(a)(2), 60.33e(a)(3) 
and 60.33e(b)(2) would no longer be excluded from the requirement for a 
one-time fugitive emissions test as listed in section 60.56c(b)(14) of 
subpart Ec. In order for the final amended federal plan to be 
consistent with the 2009 EG, the EPA is revising section 62.14412(b) in 
the amendatory regulatory text to clarify that the visible emissions 
limit only applies to HMIWI as defined in Sec.  62.14400(a)(2)(ii) and 
utilizing a large HMIWI. Facilities that were already subject to the 
visible emissions ash handling standard as new sources under the 1998 
NSPS, but which are treated as existing sources under the 2009 EG, 
remain subject to the limit.

C. Initial and Annual HMIWI Unit Inspection

    Comment: One commenter pointed out that section 62.14440(a) and 
62.14441(a) and (b) only address initial and annual HMIWI inspection 
requirements for small rural HMIWI; however section 60.36e(a) (EG) 
requires each affected source under sections 60.33e(a)(2) and (a)(3) to 
undergo equipment inspections. Furthermore, the commenter stated that 
section 62.14463(a)(13) requires records be reported of the annual air 
pollution control device inspections, any required maintenance and any 
repairs not completed within 10 days of an inspection of the time frame 
established by the EPA Administrator, or delegated enforcement 
authority. The commenter requests that the EPA revise the amendatory 
text so that the HMIWI inspection monitoring, recordkeeping and 
reporting requirements are consistent within 40 CFR part 62 subpart HHH 
and reflect the intent of 40 CFR part 60 subpart Ce.
    Response: The EPA agrees with the commenter's interpretation that 
the proposed section 62.14440(a) and 62.1441(a) and (b) only address 
initial and annual HMIWI inspection requirements for small rural HMIWI 
and this is inconsistent with what is reflected in the EG at 60.36e. 
The EG requires each affected source subject to emissions limitations 
under sections 60.33e(b), 60.33e(a)(2) and 60.33e(a)(3) to undergo 
HMIWI equipment and air pollution control device inspections. The EPA 
has made minor revisions to sections 62.14440, 62.14441 and 62.14463 in 
order to clarify that all units are required to conduct initial and 
annual HMIWI equipment and air pollution control device inspections and 
the inspections must be documented in a record and reported to the 
agency. The recordkeeping and reporting requirements include 
documenting and submitting to the Administrator or the delegated 
authority any required maintenance and any repairs not completed within 
10 days of an inspection. These revisions to the amended federal plan 
will ensure consistency with the 2009 EG.

V. Summary of Final Amendments to HMIWI Federal Plan

    A summary of each amended plan element of the final amended federal 
plan is described below. The table below lists each amended element and 
identifies where it is located or codified.

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

A. What are the final amendments to applicability?

    Today's action finalizes the amendments to applicability as 
proposed. The amended federal plan reflects new dates defining what are 
``existing'' and ``new'' sources for purposes of the revised 2009 NSPS 
and EG. All HMIWI that complied with the 1997 EG (i.e., those units for 
which construction commenced on or before June 20, 1996, or for which 
modification commenced on or before March 16, 1998) are still 
considered ``existing'' sources under the 2009 amended EG and are 
required to meet the emissions limits by the applicable compliance date 
for the amended EG. All HMIWI that complied with the 1997 NSPS (i.e., 
those units for which construction commenced after June 20, 1996, but 
no later than December 1, 2008, or for which modification commenced 
after March 16, 1998, but no later than April 6, 2010) are also 
considered ``existing'' sources under the amended EG. Those HMIWI are 
required to meet the emissions limits under the amended EG by the 
applicable compliance date for the amended EG, except where the

[[Page 28058]]

corresponding 1997 NSPS is more stringent, in which case those HMIWI 
are to continue to comply with the 1997 NSPS. In the interim, those 
1997 NSPS sources that must meet the amended EG must continue to be 
subject to the NSPS as promulgated in 1997 until the date for 
compliance with the revised EG. Those units for which construction 
commenced after the December 1, 2008, HMIWI proposal, or for which 
modification commenced on or after April 6, 2010, are considered 
``new'' units subject to more stringent revised NSPS emissions limits.

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

    Today's action finalizes the revised emissions limits as proposed. 
The revised emissions limits mirror the 2009 EG emissions limits which 
respond to a Court remand of the 1997 regulations and satisfies the 5-
year review requirement under CAA section 129(a)(5).
    Today's final action removes the SSM exemption from the 2000 
federal plan at 40 CFR 62.14413, and finalizes that the emissions 
limits apply at all times, for the same reasons as outlined in the 2009 
EG at 74 FR 51375. Additionally, today's action finalizes two 1997 NSPS 
emissions limits that are more stringent than the corresponding 2009 
amended EG limits. As specified in the 2009 amended EG, those HMIWI 
that previously complied with the 1997 NSPS and are now considered 
existing units, would have to continue to comply with the more 
stringent 1997 NSPS limits. Furthermore, as promulgated in the 2009 
amendments to the EG, this final amended federal plan requires that 
HMIWI as defined in sections 62.14400 conduct a one-time initial ash 
handling fugitive emissions test using EPA Method 22 to provide 
additional assurance that sources continue to operate at the levels 
established during their initial performance test. Furthermore, units 
as defined in Sec.  62.14400(a)(2)(ii) and utilizing a large HMIWI are 
additionally required to demonstrate compliance with a 5 percent 
visible emissions limit for fugitive emissions and test annually using 
EPA Method 22. Lastly, as clarified in the 2009 amendments to the EG, 
the EPA added additional columns to the emissions limits table in the 
HMIWI federal plan to include averaging times and EPA reference test 
methods.
    Table 1 of this preamble summarizes the amended EG emissions limits 
in today's final rule.

 Table 1--Summary of EG Emissions Limits Promulgated in Response to the
                      Remand for Existing HMIWI \3\
------------------------------------------------------------------------
                                                                 Final
          Pollutant (units)                Unit size \1\       limit \2\
------------------------------------------------------------------------
HCl (ppmv)..........................  L.....................      6.6
                                      M.....................      7.7
                                      S.....................     44
                                      SR....................    810
CO (ppmv)...........................  L.....................     11
                                      M.....................      5.5
                                      S, SR.................     20
Pb (mg/dscm)........................  L.....................      0.036
                                      M.....................      0.018
                                      S.....................      0.31
                                      SR....................      0.50
Cd (mg/dscm)........................  L.....................      0.0092
                                      M.....................      0.013
                                      S.....................      0.017
                                      SR....................      0.11
Hg (mg/dscm)........................  L.....................      0.018
                                      M.....................      0.025
                                      S.....................      0.014
                                      SR....................      0.0051
PM (gr/dscf)........................  L.....................      0.011
                                      M.....................      0.020
                                      S.....................      0.029
                                      SR....................      0.038
Dioxins/furans, total (ng/dscm).....  L.....................      9.3
                                      M.....................      0.85
                                      S.....................     16
                                      SR....................    240
Dioxins/furans, TEQ (ng/dscm).......  L.....................      0.054
                                      M.....................      0.020
                                      S.....................      0.013
                                      SR....................      5.1
NOX (ppmv)..........................  L.....................    140
                                      M, S..................    190
                                      SR....................    130
SO2 (ppmv)..........................  L.....................      9.0
                                      M, S..................      4.2
                                      SR....................     55
Opacity (%).........................  L, M, S, SR...........      6.0
------------------------------------------------------------------------
\1\ L = Large (>500 lb/hr of waste); M = Medium (>200 to hr of
  waste); S = Small (hr of waste); SR = Small rural (small
  HMIWI >50 miles from boundary of nearest SMSA, burning wk of
  waste).
\2\ All emissions limits are reported as corrected to 7 percent oxygen.
\3\ 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 final
  action also amends that section of the NSPS to remove the accidentally
  retained SSM exemption. Please see section VI of this preamble.

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

    Today's action finalizes the waste management plan as proposed. The 
amended federal plan's waste management plan provisions reflect the 
2009 EG to promote the segregation of chlorinated plastics and PCB-
containing wastes and specify that commercial facilities train and 
educate their clients to conduct their own waste segregation.

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

    Today's action finalizes additional rule language that clarify 
inspection requirements that all units are required to conduct HMIWI 
equipment and air pollution control device inspections. The rule 
requires that an initial inspection be conducted, and, starting 1 year 
after that initial inspection, annual inspections must be completed, 
documented in a record, and reported to the agency. The recordkeeping 
and reporting requirements include documenting and submitting to the 
Administrator or the delegated authority any required maintenance and 
any repairs not completed within 10 days of an inspection. These 
provisions reflect the amended 2009 EG.

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

    Today's action finalizes the testing and monitoring requirements as 
proposed.
1. Performance Testing
    First, today's final amended federal plan requires that all HMIWI, 
including small rural units, conduct initial performance tests for all 
nine pollutants and opacity to demonstrate initial compliance with the 
revised emissions limits and conduct annual performance tests on Co, 
HCl, opacity and PM. The amended federal plan allows for less frequent 
testing if the facility demonstrates that it is in compliance with the 
emissions limits for three consecutive performance tests.
    Second, today's final amended federal plan requires existing HMIWI 
to conduct a test to assess fugitive ash emissions during their next 
performance test to provide additional assurance that sources continue 
to operate at the levels established during their initial performance 
test. Hospital/Medical/Infectious Waste Incinerators as defined in 
section 62.14400(a)(2)(ii) and utilizing a large HMIWI are additionally 
required to meet this provision annually in order to demonstrate 
compliance with the 5 percent visible emissions limit.
    Third, today's final amended federal plan allows sources to use 
results of their previous emissions tests to demonstrate initial 
compliance with the revised emissions limits as long as the sources 
certify that the previous test results are representative of current 
operations. Only those sources who could not certify and/or whose 
previous

[[Page 28059]]

emissions tests do not demonstrate compliance with one or more revised 
emissions limits would be required to conduct another emissions test 
for those pollutants. (Note that most sources were already required 
under the 1997 EG to test for CO, HCl, opacity and PM on an annual 
basis and those annual tests are still required.)
    Fourth, today's final amended federal plan incorporates by 
reference two alternatives to EPA reference test methods, American 
Society of Mechanical Engineers (ASME) PTC 19.10-1981 and American 
Society for Testing and Materials International (ASTM) D6784-02)), 
discussed further in section X.I. titled, ``National Technology 
Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
    Today's final amended federal plan retains previous parameter 
monitoring requirements and, as proposed, adds a parameter requirement 
for those HMIWI expected to install selective noncatalytic reduction 
(SNCR) systems in order to comply with the more stringent 
NOX emissions limits. Those HMIWI installing SNCR technology 
to comply with the NOX emissions limit are required to 
continuously monitor the charge rate, secondary chamber temperature and 
reagent (e.g., ammonia or urea) flow rate. Further, although existing 
HMIWI equipped with fabric filters (FFs) are not required to install 
bag leak detectors, use of bag leak detectors is an option for these 
HMIWI.
    Although HMIWI units are not required to use CO, HCl, PM, Hg or 
multi-metal continuous emissions monitoring systems (CEMS) or sorbent 
trap biweekly Hg and dioxin/furan monitoring systems, such systems are 
considered alternative monitoring requirements in lieu of annual 
testing for all sources.
3. Electronic Data Submittal
    Today's action finalizes the electronic data submittal requirements 
as proposed. The EPA is taking a step to increase the ease and 
efficiency of data submittal and data accessibility. Hospital/Medical/
Infectious Waste Incinerator facilities have the option of submitting 
to the EPA electronic database an electronic copy of annual stack test 
reports. Hard-copy paper reporting will remain as an available option 
for HMIWI facilities.
    As stated in the proposed preamble, should facilities choose the 
option of electronic data submittal, the data will be collected through 
an electronic emissions test report structure called the Electronic 
Reporting Tool (ERT). The ERT will generate an electronic report which 
will be submitted to the EPA's Central Data Exchange (CDX) through the 
Compliance and Emissions Data Reporting Interface (CEDRI). A 
description of the ERT can be found at: http://www.epa.gov/ttn/chief/ert/index.html and CEDRI can be accessed through the CDX Web site: 
(www.epa.gov/cdx).
    The option to submit performance test data electronically to the 
EPA does not create any additional performance testing requirements and 
will only be an option for those performance tests conducted using test 
methods that are supported by the ERT. A listing of the pollutants and 
test methods supported by the ERT is available at the previously 
mentioned ERT Web site. The EPA believes, through this flexible 
approach, industry will save time in the performance test submittal 
process. Should HMIWI choose the electronic reporting option, the 
industry will benefit by cutting back on recordkeeping costs as the 
performance test reports that are submitted to the EPA using CEDRI are 
no longer required to be kept on-site.
    As mentioned in the proposed preamble, state, local and tribal 
agencies will benefit from more streamlined and accurate review of 
electronic data that will be available on the EPA WebFIRE database 
(http://cfpub.epa.gov/webfire/). Additionally performance test data 
will become available to the public through WebFIRE. Having such data 
publicly available enhances transparency and accountability. The major 
advantages of electronic reporting are more fully explained in the 
preamble to the proposed rule (77 FR 24272).
    In summary, in addition to supporting regulation development, 
control strategy development and other air pollution control 
activities, having an option of an electronic database populated with 
performance test data will save industry, state, local, tribal agencies 
and the EPA significant time, money and effort while improving the 
quality of emission inventories and the data used in developing air 
quality regulations.

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

    Today's action finalizes the recordkeeping and reporting 
requirements as proposed and clarifies which records and reports are 
associated with unit and air pollution control device inspections.
1. Recordkeeping
    Today's final amended federal plan adds the requirement that owners 
and operators must maintain records of the amount and type of 
NOX reagent used, records of the annual unit and air 
pollution control device inspections (including any maintenance), and a 
description, included with each test report, of how operating 
parameters were established during the initial performance test and re-
established during subsequent performance tests.
2. Reporting
    Today's final amended federal plan adds requirements for existing 
HMIWI to submit, along with each test report, a description of how 
operating parameters were established or re-established and submit 
records of annual air pollution control device inspections (including 
any maintenance).

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

    Today's action finalizes the compliance schedule with revisions to 
the proposed schedule. Today's final revised federal plan requires 
owners or operators of HMIWI to either: (1) Come into compliance with 
the plan within 1 year after the plan is promulgated; or (2) meet 
increments of progress and come into compliance by October 6, 2014. 
This final amended federal plan, includes as its compliance schedule 
the same five increments of progress from 40 CFR 62.14470(b)(2), along 
with defined and enforceable dates for completion of each increment.
    The EPA has determined it necessary to adjust the schedule for the 
increments of progress to account for the timeframe of promulgation of 
this federal plan and to avoid retroactive application of any of the 
increment deadlines. The proposed rule would have set forth the first 
two increments of progress deadline on October 6, 2012, and May 6, 
2013, respectively. Since this federal plan will be finalized after the 
October 6, 2012 date, the EPA revised the schedule for the first two 
incremental deadlines. The EPA has set the first and second incremental 
date to be 3 and 7 months following publication of this federal plan. 
The EPA developed this schedule using EPA guidance drafted for enabling 
states to draft state plans and set increments of progress. The 2010 
State Implementation Guidance Document is available in this rulemaking 
docket and through the EPA's TTN.
    The HMIWI owner or operator is responsible for meeting each of the 
five increments of progress for each HMIWI no later than the applicable 
compliance date. The owner or operator must notify the EPA as each 
increment of progress

[[Page 28060]]

is achieved, as well as when any is missed. The notification must 
identify the increment and the date the increment is achieved (or 
missed). If an owner or operator misses an increment deadline, the 
owner or operator must also notify the EPA when the increment is 
finally achieved. The owner or operator must mail the notification to 
the applicable EPA Regional Office within 10 business days after the 
increment date defined in the amended federal plan. (See the table 
under section II.C. of this document for a list of Regional Offices.)
    The definition of each increment of progress, along with its 
required completion date, follows.
    Submit Final Control Plan. To meet this increment, the owner or 
operator of each HMIWI must submit a plan that describes, at a minimum, 
the air pollution control device and/or process changes that will be 
employed so that each HMIWI complies with the emissions limits and 
other requirements. A final control plan is not required for units that 
will be shutdown.
    Completion Date: August 13, 2013.
    Award Contract. To award a contract means the HMIWI owner or 
operator enters into legally binding agreements or contractual 
obligations that cannot be canceled or modified without substantial 
financial loss to the owner or operator. The EPA anticipates that the 
owner or operator may award a number of contracts to complete the 
retrofit. To meet this increment of progress, the HMIWI owner or 
operator must award a contract or contracts to initiate on-site 
construction, to initiate on-site installation of air pollution control 
devices, and/or to incorporate process changes. The owner or operator 
must mail a copy of the signed contract(s) to the EPA within 10 
business days of entering the contract(s).
    Completion Date: December 13, 2013.
    Begin On-site Construction. To begin on-site construction, 
installation of air pollution control devices or process change means 
to begin any of the following:
    (1) Installation of an air pollution control device in order to 
comply with the final emissions limits as outlined in the final control 
plan;
    (2) Physical preparation necessary for the installation of an air 
pollution control device in order to comply with the final emissions 
limits as outlined in the final control plan;
    (3) Alteration of an existing air pollution control device in order 
to comply with the final emissions limits as outlined in the final 
control plan;
    (4) Alteration of the waste combustion process to accommodate 
installation of an air pollution control device in order to comply with 
the final emissions limits as outlined in the final control plan; or
    (5) Process changes identified in the final control plan in order 
to meet the emissions standards.
    Completion Date: January 6, 2014.
    Complete On-site Construction. To complete on-site construction 
means that all necessary air pollution control devices or process 
changes identified in the final control plan are in place, on-site and 
ready for operation on the HMIWI.
    Completion Date: August 6, 2014.
    Final Compliance. To be in final compliance means to incorporate 
all process changes or complete retrofit construction in accordance 
with the final control plan and to connect the air pollution control 
equipment or process changes such that, if the HMIWI is brought online, 
all necessary process changes or air pollution control equipment will 
operate as designed.
    Completion Date: October 6, 2014.
    If a HMIWI does not achieve final compliance by October 6, 2014, 
the final amended federal plan, requires the HMIWI to shutdown by 
October 6, 2014, complete the retrofit while not operating and be in 
compliance upon restarting. Shutdown is necessary in order to avoid 
being out of compliance and subject to possible enforcement action.

H. What are the other final amendments?

    Today's action finalizes certain other amendments as proposed, 
including amending and adding definitions for further clarification and 
updating toxic equivalency factors (TEF).
1. Definitions
    Today's final action includes the following definitions:
     ``Minimum secondary chamber temperature'';
     ``Modification or modified HMIWI'';
     ``Bag leak detection system'';
     ``Commercial HMIWI''; and
     ``Minimum reagent flow rate.''
2. Toxicity Equivalence Factors
    Today's final amended federal plan incorporates the latest 
revisions to the TEFs as listed in amended Table 2 to subpart HHH in 
today's action. These revisions are a result of the January 6, 2011, 
Federal Register notice, where the EPA announced the availability of 
the final ``Recommended Toxicity Equivalence Factors (TEFs) for Human 
Health Risk Assessments of 2,3,7,8-Tetrachlorodibenzo-p-dioxin and 
Dioxin-Like Compounds'' (EPA/100/R-10/005).
    The revised methodology includes the following changes to TEFs that 
HMIWI would use to determine compliance with the HMIWI dioxin/furan TEQ 
emissions limits:

------------------------------------------------------------------------
                                       Toxicity equivalency factors
                                 ---------------------------------------
      Dioxin/furan congener                            Today's proposed
                                     1997 EG/2000        amendments to
                                     federal plan        federal plan
------------------------------------------------------------------------
1,2,3,7,8-pentachlorinated                     0.5                1
 dibenzo-p-dioxin...............
Octachlorinated dibenzo-p-dioxin               0.001              0.0003
2,3,4,7,8-pentachlorinated                     0.5                0.3
 dibenzofuran...................
1,2,3,7,8-pentachlorinated                     0.05               0.03
 dibenzofuran...................
Octachlorinated dibenzofuran....               0.001              0.0003
------------------------------------------------------------------------

VI. Summary of Final Amendments to HMIWI NSPS

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

    Today's action finalizes the NSPS amendments as proposed. The final 
amendment to the HMIWI NSPS removes section 60.56c(d)(2) of subpart Ec 
which excluded HMIWI units from having to comply with standards during 
periods of SSM provided that no hospital waste or medical/infectious 
waste was being charged to the unit during those SSM periods. The EPA 
inadvertently failed to delete the SSM exemption we had intended to 
eliminate in the 2009 NSPS. The 2009 EG and NSPS requires that the 
emissions limits, regardless of a SSM event, be met at all times. To 
better reflect the EPA's intent

[[Page 28061]]

in the 2009 final rule, today's final action also amends that section 
of the NSPS to remove the accidentally retained SSM exemption.
    This action is necessary to make the NSPS continuously applicable, 
as required under CAA section 302(k) and under the Court's 2008 Sierra 
Club v. EPA ruling. Our rationale for this amendment was presented in 
the October 6, 2009, final rule, at 74 FR 51368, 51375 and 51393-95 
(October 6, 2009), and we hereby incorporate by reference that 
rationale in order to complete the regulatory amendments we intended to 
make at the time. Today's action also finalizes the removal of the SSM 
exemption from the 2000 federal plan at 40 CFR 62.14413, and finalizes 
the requirement that the emissions limits apply at all times, for the 
same reasons.

VII. HMIWI That Have or Will Shutdown

A. Units That Plan To Close Rather Than Comply

    The EPA did not receive any adverse comments on this provision and 
is therefore finalizing this section as proposed at 77 FR 24283. Under 
today's final amended federal plan if, for compliance purposes, you 
plan to permanently close your currently operating HMIWI, you must do 
so by May 13, 2014. As described in the proposed preamble, the final 
amendments will allow HMIWI owners or operators who are planning to 
shutdown, the opportunity to petition the EPA for an extension beyond 
the 1-year compliance date (but no later than October 6, 2014). An 
example of a facility that might petition the EPA for such an extension 
is a facility installing an on-site alternative waste treatment 
technology. It is possible that installation cannot be completed within 
1 year and the facility has no feasible waste disposal options other 
than on-site incineration while the alternative technology is being 
installed. The requirements for a petition for an extension to shutdown 
under today's final federal plan will update the compliance date 
requirements set forth at Sec.  62.14471 of subpart HHH.
    If you continue to operate your HMIWI 1 year after May 13, 2014, 
then you must comply with the operator training and qualification 
requirements and the inspection requirements of the plan by May 13, 
2014. This requirement includes HMIWI that comply within 1 year, as 
well as those that have been granted an extension beyond the 1-year 
compliance date (i.e., HMIWI with extended retrofit schedules and HMIWI 
granted an extension to shutdown after the 1-year compliance date). In 
addition, while still in operation, you are subject to the same 
requirements for Title V operating permits that apply to units that 
will not shutdown.

B. Inoperable Units

    The EPA did not receive any adverse comments on this provision and 
is therefore finalizing this section as proposed at 77 FR 24283. 
Today's final amended federal plan, includes that in cases where a 
HMIWI has already shutdown, has been rendered inoperable and does not 
intend to restart, the HMIWI may be left off the source inventory in a 
revised/new state plan or this final amended federal plan. A HMIWI that 
has been rendered inoperable will not be covered by this amended 
federal plan. The HMIWI owner or operator may do one of the following 
to render a HMIWI inoperable: (1) Weld the waste charge door shut, (2) 
remove stack (and by-pass stack, if applicable), (3) remove combustion 
air blowers, or (4) remove burners or fuel supply appurtenances.

C. HMIWI That Have Shutdown

    The EPA did not receive any adverse comments on this provision and 
is therefore finalizing this section as proposed at 77 FR 24283. 
Today's final amended federal plan includes any HMIWI that are known to 
have already shutdown (but are not known to be inoperable) in the 
source inventory. These HMIWI should be identified in any revised/new 
state plan submitted to the EPA.
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive HMIWI plans to restart 
before the final compliance date, the owner or operator must submit a 
control plan for the HMIWI and bring the HMIWI into compliance with the 
applicable compliance schedule. Final compliance is required for all 
pollutants and all HMIWI no later than the final compliance date.
2. Restarting After the Final Compliance Date
    Under this federal plan, as amended, a control plan is not needed 
for inactive HMIWI that restart after the final compliance date. 
However, before restarting, operators of these HMIWI would have to 
complete the operator training and qualification requirements and 
inspection requirements (if applicable) and complete any needed 
retrofit or process modifications prior to restarting. Performance 
testing to demonstrate compliance would be required within 180 days 
after restarting. There is no need to show that the increments of 
progress have been met since these steps would have occurred before 
restart while the HMIWI was shutdown and not generating emissions. A 
HMIWI that operates out of compliance after the final compliance date 
would be in violation of the final amended federal plan and subject to 
enforcement action.

VIII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    The EPA did not receive any adverse comments on this section and is 
therefore finalizing this section as proposed at 77 FR 24284. Under 
sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG 
that are applicable to existing solid waste incineration sources. These 
EG are not enforceable until the EPA approves a state plan or adopts a 
federal plan that implements and enforces them and the state or federal 
plan has become effective. As discussed above, the federal plan 
regulates HMIWI in states that do not have approved plans in effect to 
implement the amended EG.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with state and local agencies. 
(See section 101(a)(3) of the CAA.) Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the state and local agencies take the primary 
responsibility for ensuring that the emissions limitations and other 
requirements in the EG are achieved. Also, in section 111(d) of the 
CAA, Congress explicitly required that the EPA establish procedures 
that are similar to those under section 110(c) for state implementation 
plans. Although Congress required the EPA to propose and promulgate a 
federal plan for states that fail to submit approvable state plans on 
time, states may submit approvable revised/new plans after promulgation 
of the amended HMIWI federal plan. The EPA strongly encourages states 
that are unable to submit approvable revised/new plans to request 
delegation of the amended federal plan so that they can have primary 
responsibility for implementing the revised EG, consistent with the 
intent of Congress.
    Approved and effective revised/new state plans or delegation of the 
amended federal plan is the EPA's preferred outcome because the EPA 
believes that state and local agencies not only have

[[Page 28062]]

the responsibility to carry out the revised EG but also have the 
practical knowledge and enforcement resources critical to achieving the 
highest rate of compliance. For these reasons, the EPA will do all that 
it can to expedite delegation of the amended federal plan to state and 
local agencies, whenever possible, in cases where states are unable to 
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

    The EPA did not receive any adverse comments on this section and is 
therefore finalizing this section as proposed at 77 FR 24284. As 
similarly described in the 2000 federal plan, if a state or tribe 
intends to take delegation of the amended federal plan, the state or 
tribe should submit to the appropriate EPA Regional Office a written 
request for delegation of authority. The state or tribe should explain 
how it meets the criteria for delegation. See generally ``Good 
Practices Manual for Delegation of NSPS and NESHAP'' (EPA, February 
1983). The letter requesting delegation of authority to implement the 
amended federal plan should: (1) Demonstrate that the state or tribe 
has adequate resources, as well as the legal and enforcement authority 
to administer and enforce the program, (2) include an inventory of 
affected HMIWI units, which includes those that have ceased operation 
but have not been dismantled, include an inventory of the affected 
units' air emissions and a provision for state progress reports to the 
EPA, (3) certify that a public hearing is held on the state delegation 
request, and (4) include a memorandum of agreement between the state or 
tribe and the EPA that sets forth the terms and conditions of the 
delegation, the effective date of the agreement, and the mechanism to 
transfer authority. Upon signature of the agreement, the appropriate 
EPA Regional Office would publish an approval notice in the Federal 
Register, thereby incorporating the delegation of authority into the 
appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state or tribe, the EPA will 
implement the amended federal plan. Also, if a state or tribe fails to 
properly implement a delegated portion of the amended federal plan, the 
EPA will assume direct implementation and enforcement of that portion. 
The EPA will continue to hold enforcement authority along with the 
state or tribe even when a state or tribe has received delegation of 
the amended federal plan. In all cases where the amended federal plan 
is delegated, the EPA will retain and will not transfer authority to a 
state or tribe to approve the following items that include additional 
items to those listed in the 2000 federal plan as to correspond to 
those changes promulgated in the 2009 HMIWI rules:
    (1) Alternative site-specific operating parameters established by 
facilities using HMIWI controls other than a wet scrubber, dry scrubber 
followed by a FF, or dry scrubber followed by a FF and wet scrubber;
    (2) Alternative methods of demonstrating compliance, including the 
following methods outlined in the October 6, 2009, amendments to the 
HMIWI EG:
     Approval of CEMS for PM, HCl, multi-metals and Hg where 
used for purposes of demonstrating compliance;
     Approval of continuous automated sampling systems for 
dioxin/furan and Hg where used for purposes of demonstrating 
compliance; and
     Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring (added in 2009 
amended EG);
    (4) Waiver of recordkeeping requirements (added in 2009 amended 
EG); and
    (5) Performance test and data reduction waivers under 40 CFR 
60.8(b) (added in 2009 amended EG).
    Retaining what was established in the 2000 federal plan, today's 
final amended federal plan also specifies that HMIWI owners or 
operators who wish to establish alternative operating parameters, 
alternative methods of demonstrating compliance, major alternatives to 
monitoring, waiver of recordkeeping requirements or performance test 
and data reduction waivers should submit a request to the Regional 
Office Administrator with a copy to the appropriate state.

C. Mechanisms for Transferring Authority

    The EPA did not receive any adverse comments on this section and is 
therefore finalizing this section as proposed at 77 FR 24284. There are 
two mechanisms for transferring implementation authority to state and 
local agencies: (1) the EPA approval of a revised/new state plan after 
the amended federal plan is in effect; and (2) if a state does not 
submit or obtain approval of its own revised/new plan, the EPA 
delegation to a state of the authority to implement certain portions of 
this amended federal plan to the extent appropriate and if allowed by 
state law. Both of these options are the same as those first outlined 
in the 2000 federal plan and are described in more detail below.
1. Federal Plan Becomes Effective Prior To Approval of a State Plan
    After HMIWI in a state become subject to the amended federal plan, 
the state or local agency may still adopt and submit a revised/new plan 
to the EPA. If the EPA determines that the revised/new state plan is as 
protective as the revised EG, the EPA will approve the revised/new 
state plan. If the EPA determines that the plan is not as protective as 
the revised EG, the EPA will disapprove the plan and the HMIWI covered 
in the state plan would remain subject to the amended federal plan 
until a revised state plan covering those HMIWI is approved and 
effective. Prior to disapproval, the EPA will work with states to 
attempt to reconcile areas of the plan that remain not as protective as 
the revised EG.
    Upon the effective date of a revised/new state plan, the amended 
federal plan would no longer apply to HMIWI covered by such a plan and 
the state or local agency would implement and enforce the revised/new 
state plan in lieu of the amended federal plan. When an EPA Regional 
Office approves a revised/new state plan, it will amend the appropriate 
subpart of 40 CFR part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to state agencies the 
authority to implement this amended federal plan. As discussed above, 
the EPA believes that it is advantageous and the best use of resources 
for state or local agencies to agree to undertake, on the EPA's behalf, 
administrative and substantive roles in implementing the amended 
federal plan to the extent appropriate and where authorized by state 
law. If a state requests delegation, the EPA will generally delegate 
the entire amended federal plan to the state agency. These functions 
include administration and oversight of compliance reporting and 
recordkeeping requirements, HMIWI inspections and preparation of draft 
notices of violation but will not include any authorities retain by the 
EPA. State agencies that have taken delegation, as well as the EPA, 
will have responsibility for bringing enforcement actions against 
sources violating federal plan provisions.

D. Implementing Authority

    The EPA did not receive any adverse comments on this section and is 
therefore finalizing this section as

[[Page 28063]]

proposed at 77 FR 24285. The EPA Regional Administrators have been 
delegated the authority for implementing the HMIWI federal plan 
amendments. All reports required by these amendments to the federal 
plan should be submitted to the appropriate Regional Office 
Administrator. Section II.C. of this preamble includes a table that 
lists names and addresses of the EPA Regional Office contacts and the 
states they cover.

IX. Title V Operating Permits

    The EPA did not receive any comments on this section and is 
therefore finalizing this section as proposed at 77 FR 24285. All 
existing HMIWI regulated under state or federal plans implementing the 
1997 EG and any HMIWI that was regulated under the 1997 NSPS should 
have already applied for and obtained Title V operating permits, as 
required under the EG. Title V operating permits assure compliance with 
all applicable federal requirements for HMIWI, including all applicable 
CAA section 129 requirements. (See 40 CFR 70.2,70.6(a)(1), 71.2 and 
71.6(a)(1).) Title V operating permits for the above-noted sources may, 
however, need to be reopened to incorporate the requirements of a 
revised/new state plan, this amended federal plan or more stringent 
NSPS requirements.
    For more background information on the interface between CAA 
section 129 and Title V, including the EPA's interpretation of CAA 
section 129(e), as well as information on submitting Title V permit 
applications, updating existing Title V permit applications and 
reopening existing Title V permits, see the final Federal Plan for 
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68 
FR 57518, 57532). See also the final Federal Plan for Hospital Medical 
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).
    As described in the April 23, 2012 proposal, today's final amended 
federal plan maintains the 2000 federal plan approach, specifying that 
owners or operators of HMIWI that burn only pathological waste, low-
level radioactive waste and/or chemotherapeutic waste and co-fired 
combustors, as defined in Sec.  62.14490 of subpart HHH, must comply 
only with certain recordkeeping and reporting requirements set forth in 
today's final amended federal plan. (See Sec.  62.14400.) These HMIWI 
and co-fired combustors would not be subject to the emissions control-
related requirements of the amended federal plan as long as they comply 
with the recordkeeping and reporting requirements, including 
maintaining records for five years, set forth as conditions for their 
exemption. As described in the April 23, 2012 proposal, the EPA or 
delegated enforcement authority will maintain facilities' exemption 
claims for as long as the source is operating under such exempt status.
    Consistent with the 2000 federal plan, owners and operators of 
these sources as listed above would not be required to obtain Title V 
operating permits as a matter of federal law if the only reason they 
would potentially be subject to Title V is these non-emissions control-
related recordkeeping and reporting requirements. (See Sec.  62.14480.) 
Originally explained in the 2000 federal plan, today's rule maintains 
that owners and operators of HMIWI that burn only pathological waste, 
low-level radioactive waste and/or chemotherapeutic waste and co-fired 
combustors that do not comply with the recordkeeping and reporting 
requirements necessary to qualify for exemption from the other 
requirements of the amended federal plan would become subject to those 
other requirements and would have to obtain Title V permits. Moreover 
as stated in the 2000 federal plan and again in today's final rule, if, 
in the future, the EPA promulgates regulations subjecting any of these 
sources to requirements other than these recordkeeping and reporting 
requirements, these sources could become subject to Title V at that 
time.

A. Title V and Delegation of a Federal Plan

    We have previously stated that issuance of a Title V permit is not 
equivalent to the approval of a state plan or delegation of a federal 
plan.\2\ Legally, delegation of a standard or requirement results in a 
delegated state or tribe standing in for the EPA as a matter of federal 
law. This means that obligations a source may have to the EPA under a 
federally promulgated standard become obligations to a state (except 
for functions that the EPA retains for itself) upon delegation.\3\ 
Although a state or tribe may have the authority under state or tribal 
law to incorporate section 111/129 requirements into its Title V 
permits, and implement and enforce these requirements in these permits 
without first taking delegation of the section 111/129 federal plan, 
the state or tribe is not standing in for the EPA as a matter of 
federal law in this situation. Where a state or tribe does not take 
delegation of a section 111/129 federal plan, obligations that a source 
has to the EPA under the federal plan continue after a Title V permit 
is issued to the source. As a result, the EPA continues to maintain 
that an approved part 70 operating permits program cannot be used as a 
mechanism to transfer the authority to implement and enforce the 
federal plan from the EPA to a state or tribe.
---------------------------------------------------------------------------

    \2\ See, e.g., the ``Title V and Delegation of a Federal Plan'' 
section of the proposed federal plan for Commercial Industrial Solid 
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652). 
The preamble language from this section in the proposed federal plan 
for CISWI was reaffirmed in the final federal plan for CISWI, 
October 3, 2003 (68 FR 57518, 57535).
    \3\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state or tribe may have the authority under 
state or tribal law to incorporate section 111/129 requirements into 
its Title V permits, and implement and enforce these requirements in 
that context without first taking delegation of the section 111/129 
federal plan.\4\ Some states or tribes, however, may not be able to 
implement and enforce a section 111/129 standard in a Title V permit 
until the section 111/129 standard has been delegated. In these 
situations, a state or tribe should not issue a part 70 permit to a 
source subject to a federal plan before taking delegation of the 
section 111/129 federal plan.
---------------------------------------------------------------------------

    \4\ The EPA interprets the phrase ``assure compliance'' in 
section 502(b)(5)(A) to mean that permitting authorities will 
implement and enforce each applicable standard, regulation or 
requirement which must be included in the Title V permits the 
permitting authorities issue. See definition of ``applicable 
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 
70.6(a)(1).
---------------------------------------------------------------------------

    If a state or tribe can provide an Attorney General's (AG's) 
opinion delineating its authority to incorporate section 111/129 
requirements into its Title V permits, and then implement and enforce 
these requirements through its Title V permits without first taking 
delegation of the requirements, then a state or tribe does not need to 
take delegation of the section 111/129 requirements for purposes of 
Title V permitting.\5\ In practical terms, without approval of a state 
or tribal plan, delegation of a federal plan, or an adequate AG's 
opinion, states and tribes with approved part 70 permitting programs 
open themselves up to potential questions regarding their

[[Page 28064]]

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.
---------------------------------------------------------------------------

    \5\ It is important to note that an AG's opinion submitted at 
the time of initial Title V program approval is sufficient if it 
demonstrates that a state or tribe has adequate authority to 
incorporate CAA section 111/129 requirements into its Title V 
permits and to implement and enforce these requirements through its 
Title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's 
opinion and not take delegation of a federal plan, a section 111/129 
source subject to the federal plan in that state must simultaneously 
submit to both the EPA and the state or tribe all reports required by 
the standard to be submitted to the EPA. Given that these reports are 
necessary to implement and enforce the section 111/129 requirements 
when they have been included in Title V permits, the permitting 
authority needs to receive these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an 
AG's opinion and not take delegation of a federal plan, the EPA 
Regional Offices will be responsible for implementing and enforcing 
section 111/129 requirements outside of any Title V permits. Moreover, 
in this situation, the EPA Regional Offices will continue to be 
responsible for developing progress reports and conducting any other 
administrative functions required under this federal plan or any other 
section 111/129 federal plan. See the section V.G. of this preamble 
titled ``What are the final amendments to the compliance schedule?''.
    It is important to note that the EPA is not using its authority 
under 40 CFR part 70.4(i)(3) to request that all states and tribes 
which do not take delegation of this federal plan submit supplemental 
AG's opinions at this time. However, the EPA Regional Offices shall 
request, and permitting authorities shall provide, such opinions when 
the EPA questions a state's or tribe's authority to incorporate section 
111/129 requirements into a Title V permit and implement and enforce 
these requirements in that context without delegation.

X. Statutory and Executive Order Reviews

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

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

    This final action is not a ``significant regulatory action'' under 
the terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and 
is, therefore, not subject to review under the Executive Orders 12866 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden. 
This action finalizes amendments to the HMIWI federal plan to implement 
the amended EG adopted on October 6, 2009, for those states that do not 
have an approved revised/new state plan implementing the EG. 
Additionally, this action also finalizes amendments to the NSPS to 
better reflect the EPA's original intent in the October 6, 2009, final 
rule in eliminating an exemption during SSM periods from the 
requirement to comply with standards at all times. However, the OMB has 
previously approved the information collection requirements contained 
in the existing regulations 40 CFR part 60 subparts CE and EC under the 
provisions on the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and 
has assigned OMB Control Number 2060-0422. The OMB Control Numbers for 
EPA's regulation in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities 
(SISNOSE). Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final action on small 
entities, small entity is defined as follows: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise that is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. During the 
2009 HMIWI EG rulemaking, the EPA estimated that a substantial number 
of small entities would not be significantly impacted by the 
promulgated EG. (See 74 FR at 51400-51401.) This final rule will not 
impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national

[[Page 28065]]

government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132. This final action will not impose substantial 
direct compliance costs on state or local governments and will not 
preempt state law. Thus, Executive Order 13132 does not apply to this 
proposed action.
    In the spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicited comments on the April 23, 
2012, proposal from state and local officials. The EPA did not receive 
any comments.

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA, Public Law 104-113 (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress, 
through OMB, explanations when the EPA decides not to use available and 
applicable VCS.
    This final rulemaking involves technical standards. The EPA 
finalizes to use two VCS in today's action. One VCS, ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in the 2009 EG and 
the final rule, as proposed, for its manual method of measuring the 
content of the exhaust gas as an acceptable alternative to EPA Method 
3B of appendix A-2. This standard is available from the ASME, P.O. Box 
2900, Fairfield, NJ 07007-2900; or Global Engineering Documents, Sales 
Department, 15 Inverness Way East, Englewood, CO 80112.
    Another VCS, ASTM D6784-02, ``Standard Test Method for Elemental, 
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method),'' is cited in the 2009 
EG and the final rule, as proposed, as an acceptable alternative to EPA 
Method 29 of appendix A-8 (portion for Hg only) for measuring Hg. This 
standard is available from the ASTM International, 100 Barr Harbor 
Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or 
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
    As discussed in the April 23, 2012, proposed rule preamble, while 
the EPA has identified 16 VCS as being potentially applicable to the 
final rule, we have decided not to use these VCS in this rulemaking. 
The use of these VCS would be impractical because they do not meet the 
objectives of the standards cited in this final rule. See the docket 
for the 2009 EG (Docket ID Number EPA-HQ-OAR-2006-0534), which is being 
implemented under today's final action, for the reasons for these 
determinations.
    Under 40 CFR 62.14495, the EPA Administrator retains the authority 
of approving alternative methods of demonstrating compliance as 
established under 40 CFR 60.8(b) and 60.13(i) of 40 CFR part 60, 
subpart A (NSPS General Provisions). A source may apply to the EPA for 
permission to use alternative test methods or alternative monitoring 
requirements in place of any required EPA test methods, performance 
specifications or procedures.
    The EPA did not receive any comments on this aspect of the proposed 
rulemaking.

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

    Executive Order 12898 (59 FR 7629; Feb. 16, 1994) establishes 
federal executive policy on EJ. Its main provision directs federal 
agencies, to the greatest extent practicable and permitted by law, to 
make EJ part of their mission by identifying and addressing, as 
appropriate, disproportionately high and adverse human health or 
environmental effects of their programs, policies and activities on 
minority populations and low-income populations in the United States.
    The EPA has determined that this final action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.
    This final action implements national standards in the 2009 
amendments to the HMIWI EG that would result in reductions in emissions 
of Cd, CO, dioxins/furans, HCl, Pb, Hg, NOX, PM and 
SO2 from all HMIWI and thus decrease the amount of such 
emissions to which all affected populations are exposed.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C., 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect the agency 
promulgating the rule must submit a report, which includes a copy of 
the rule, to each House of Congress and to the Comptroller General of 
the United States. The EPA will submit a report containing this final 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of this final rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C., 804(2). This final rule will be effective on June 12, 2013.

List of Subjects

 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,

[[Page 28066]]

Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 62

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

    Dated: April 4, 2013
Bob Perciasepe,
Acting Administrator.

    For reasons set out in the preamble, 40 CFR parts 60 and 62 are 
amended as follows:

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

0
1. The authority citation for part 60 continues to read as follows:

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

0
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

0
3. Section 60.56c is amended by revising the first sentence of 
paragraph (d)(2) to read as follows:

Sec.  60.56c  Compliance and performance testing.

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

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
4. The authority citation for part 62 continues to read as follows:

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

0
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

0
6. Section 62.14400 is amended by revising paragraphs (a) introductory 
text, (a)(2), and (c) to read as follows:

Sec.  62.14400  Am I subject to this subpart?

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

0
7. Section 62.14401 is revised to read as follows:

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

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

0
8. Section 62.14402 is revised to read as follows:

[[Page 28067]]

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

    Not necessarily. Sources subject to this subpart include, but are 
not limited to, the inventory of sources listed in Docket ID Number 
EPA-HQ-OAR-2011-0405 for the federal plan. Review the applicability of 
Sec.  62.14400 to determine if you are subject to this subpart.

0
9. Section 62.14403 is revised to read as follows:

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

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

0
10. Section 62.14412 is revised to read as follows:

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

    (a) Your HMIWI (regardless of size category) must not discharge 
into the atmosphere from the stack any gases that exhibit greater than 
6 percent opacity (6-minute block average).
    (b) Your HMIWI as defined in Sec.  62.14400(a)(2)(ii) and utilizing 
a large HMIWI must not discharge into the atmosphere visible emissions 
of combustion ash from an ash conveying system (including conveyor 
transfer points) in excess of 5 percent of the observation period 
(i.e., 9 minutes per 3-hour period), as determined by EPA Reference 
Method 22 of 40 CFR part 60, appendix A-7, except as provided in 
paragraphs (b)(1) and (2) of this section.
    (1) The emissions limit specified in paragraph (b) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emissions limit does 
cover visible emissions discharged to the atmosphere from buildings or 
enclosures of ash conveying systems.
    (2) The provisions specified in paragraph (b) of this section do 
not apply during maintenance and repair of ash conveying systems. 
Maintenance and/or repair must not exceed 10 operating days per 
calendar quarter unless you obtain written approval from the state 
agency establishing a date when all necessary maintenance and repairs 
of ash conveying systems are to be completed.

0
11. Section 62.14413 is revised to read as follows:

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

    The emissions limits, stack opacity, and visible emissions 
requirements of this subpart apply at all times.

0
12. Section 62.14422 is amended by revising paragraph (a)(13) and 
adding paragraph (a)(14) to read as follows:

Sec.  62.14422  What are the requirements for a training course that is 
not part of a State-approved program?

    (a) * * *
    (13) Recordkeeping requirements; and
    (14) Training in waste segregation according to Sec.  62.14430(c)
* * * * *

0
13. Section 62.14425 is amended by revising paragraph (b) to read as 
follows:

Sec.  62.14425  When must I review the documentation?

* * * * *
    (b) You must conduct your initial review of the information listed 
in Sec.  62.14424 by [date 6 months after publication of final rule], 
or prior to assumption of responsibilities affecting HMIWI operation, 
whichever is later.
* * * * *

0
14. Section 62.14431 is revised to read as follows:

Sec.  62.14431  What must my waste management plan include?

    (a) Your waste management plan must identify both the feasibility 
of, and the approach for, separating certain components of solid waste 
from the health care waste stream in order to reduce the amount of 
toxic emissions from incinerated waste. The waste management plan you 
develop may address, but is not limited to, elements such as 
segregation and recycling of paper, cardboard, plastics, glass, 
batteries, food waste and metals (e.g., aluminum cans, metals-
containing devices); segregation of non-recyclable wastes (e.g., 
polychlorinated biphenyl-containing waste, pharmaceutical waste, and 
mercury-containing waste such as dental waste); and purchasing recycled 
or recyclable products. Your waste management plan may include 
different goals or approaches for different areas or departments of the 
facility and need not include new waste management goals for every 
waste stream. When you develop your waste management plan, it should 
identify, where possible, reasonably available additional waste 
management measures, taking into account the effectiveness of waste 
management measures already in place, the costs of additional measures, 
the emissions reductions expected to be achieved, and any other 
potential environmental or energy impacts they might have. In 
developing your waste management plan, you must consider the American 
Hospital Association (AHA) publication titled ``Ounce of Prevention: 
Waste Reduction Strategies for Health Care Facilities.'' This 
publication (AHA Catalog Number 057007) is available for purchase from 
AHA Services, Inc., Post Office Box 933283, Atlanta, Georgia 31193-
3283.
    (b) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for each of your 
waste generator clients and ensure that each client prepares its own 
waste management plan that includes, but is not limited to, the 
provisions listed in this section.
    (c) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for your HMIWI 
operators.

0
15. Section 62.14432 is revised to read as follows:

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

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

0
16. Section 62.14440 is revised to read as follows:

Sec.  62.14440  Which HMIWI are subject to inspection requirements?

    (a) All HMIWI, including small rural HMIWI (defined in Sec.  
62.14490) and each HMIWI (subject to emissions limits and visible 
emissions requirements in Sec. Sec.  62.14411 and 62.14412) are subject 
to the HMIWI equipment inspection requirements.
    (b) All HMIWI equipped with one or more air pollution control 
devices are subject to the air pollution control device inspection 
requirements.

0
17. Section 62.14441 is revised to read as follows:

[[Page 28068]]

Sec.  62.14441  When must I inspect my HMIWI equipment and air 
pollution control devices?

    (a) You must inspect your large, medium, small or small rural HMIWI 
equipment by May 13, 2014.
    (b) You must conduct inspections of your large, medium, small or 
small rural HMIWI equipment as outlined in Sec.  62.14442(a) annually 
(no more than 12 months following the initial inspection or previous 
annual HMIWI equipment inspection).
    (c) You must inspect the air pollution control devices on your 
large, medium, small or small rural HMIWI by May 13, 2014.
    (d) You must conduct the air pollution control device inspections 
on your large, medium, small or small rural HMIWI as outlined in Sec.  
62.14442(b) annually (no more than 12 months following the initial 
inspection or previous annual air pollution control device inspection).

0
18. Section 62.14442 is amended as follows:
0
a. By redesignating paragraphs (a) through (q) as paragraphs (a)(1) 
through (a)(17);
0
b. By redesignating introductory text as paragraph (a) introductory 
text and revising it;
0
c. By redesignating newly redesignated paragraph (a)(17) as (a)(18) and 
adding new paragraph (a)(17); and
0
d. By adding new paragraph (b).
    The revisions and additions read as follows:

Sec.  62.14442  What must my inspections include?

    (a) At a minimum, you must do the following during your HMIWI 
equipment inspection:
* * * * *
    (17) Include inspection elements according to manufacturer's 
recommendations; and
* * * * *
    (b) At a minimum, you must do the following during your air 
pollution control device inspection:
    (1) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (2) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (3) Include inspection elements according to manufacturer's 
recommendations; and
    (4) Generally observe that the equipment is maintained in good 
operating condition.
0
19. Section 62.14443 is revised to read as follows:

Sec.  62.14443  When must I do repairs?

    (a) You must complete any necessary repairs to the HMIWI equipment 
within 10 operating days of the HMIWI equipment inspection unless you 
obtain written approval from the EPA Administrator (or delegated 
enforcement authority) establishing a different date when all necessary 
repairs of your HMIWI equipment must be completed.
    (b) You must complete any necessary repairs to the air pollution 
control device within 10 operating days of the air pollution control 
device inspection unless you obtain written approval from the EPA 
Administrator (or delegated enforcement authority) establishing a 
different date when all necessary repairs of your air pollution control 
device must be completed. During the time that you conduct repairs to 
your air pollution control device, all emissions standards remain in 
effect according to Sec.  62.14413.

Sec.  62.14450  [Removed and Reserved]

0
20. Section 62.14450 is removed and reserved.
0
21. Section 62.14451 is amended as follows:
0
a. By revising paragraph (a);
0
b. By adding paragraph (b)(3);
0
c. By redesignating paragraph (c) as paragraph (d);
0
d. By adding new paragraph (c); and
0
e. By adding paragraph (e).
    The revisions and additions read as follows:

Sec.  62.14451  What are the testing requirements?

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

0
22. Section 62.14452 is amended as follows:
0
a. By revising paragraphs (c), (d), and (f);
0
b. By redesignating paragraph (l) as paragraph (o) and revising it;
0
c. By redesignating paragraph (m) as paragraph (r);
0
d. By redesignating paragraphs (g) through (k) as paragraphs (i) 
through (m) and revising them;
0
f. By adding new paragraphs (g) and (h); and
0
g. By adding paragraphs (n), (p), and (q).
    The revisions and additions read as follows:

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

* * * * *
    (c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix 
A-1 to select the sampling location and number of traverse points;
    (d) You must use EPA Reference Method 3, 3A or 3B of 40 CFR part 
60, appendix A-2 for gas composition analysis, including measurement of 
oxygen concentration. You must use EPA Reference Method 3, 3A or 3B of 
40 CFR part 60, appendix A-2 simultaneously with each reference method. 
You may use ASME PTC-19-10-1981-Part 10 (incorporated by reference in 
40 CFR 60.17) as an alternative to EPA Reference Method 3B;
* * * * *
    (f) You must use EPA Reference Method 5 of 40 CFR part 60, appendix 
A-3 or Method 26A or Method 29 of 40 CFR part 60, appendix A-8 to 
measure

[[Page 28069]]

particulate matter (PM) emissions. You may use bag leak detection 
systems, as specified in Sec.  62.14454(e), or PM continuous emissions 
monitoring systems (CEMS), as specified in paragraph (o) of this 
section, as an alternative to demonstrate compliance with the PM 
emissions limit;
    (g) You must use EPA Reference Method 6 or 6C of 40 CFR part 60, 
appendix A-4 to measure SO2 emissions;
    (h) You must use EPA Reference Method 7 or 7E of 40 CFR part 60, 
appendix A-4 to measure NOX emissions;
    (i) You must use EPA Reference Method 9 of 40 CFR part 60, appendix 
A-4 to measure stack opacity. You may use bag leak detection systems, 
as specified in Sec.  62.14454(e), or PM CEMS, as specified in 
paragraph (o) of this section, as an alternative to demonstrate 
compliance with the opacity requirements;
    (j) You must use EPA Reference Method 10 or 10B of 40 CFR part 60, 
appendix A-4 to measure the CO emissions. You may use CO CEMS, as 
specified in paragraph (o) of this section, as an alternative to 
demonstrate compliance with the CO emissions limit;
    (k) You must use EPA Reference Method 23 of 40 CFR part 60, 
appendix A-7 to measure total dioxin/furan emissions. The minimum 
sample time must be 4 hours per test run. You may elect to sample 
dioxins/furans by installing, calibrating, maintaining and operating a 
continuous automated sampling system, as specified in paragraph (p) of 
this section, as an alternative to demonstrate compliance with the 
dioxin/furan emissions limit. If you have selected the toxic 
equivalency (TEQ) standards for dioxin/furans under Sec.  62.14411, you 
must use the following procedures to determine compliance:
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-congener emitted using EPA Reference Method 23 of 40 CFR part 60, 
appendix A-7;
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (k)(1) of this section, multiply the congener concentration 
by its corresponding TEQ factor specified in Table 2 of this subpart;
    (3) Sum the products calculated in accordance with paragraph (k)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of TEQ.
    (l) You must use EPA Reference Method 26 or 26A of 40 CFR part 60, 
appendix A-8 to measure HCl emissions. You may use HCl CEMS as an 
alternative to demonstrate compliance with the HCl emissions limit;
    (m) You must use EPA Reference Method 29 of 40 CFR part 60, 
appendix A-8 to measure Pb, Cd and Hg emissions. You may use ASTM 
D6784-02 (incorporated by reference in 40 CFR 60.17) as an alternative 
to EPA Reference Method 29 for measuring Hg emissions. You may also use 
Hg CEMS, as specified in paragraph (o) of this section, or a continuous 
automated sampling system for monitoring Hg emissions, as specified in 
paragraph (q) of this section, as an alternative to demonstrate 
compliance with the Hg emissions limit. You may use multi-metals CEMS, 
as specified in paragraph (o) of this section, as an alternative to EPA 
Reference Method 29 to demonstrate compliance with the Pb, Cd or Hg 
emissions limits;
    (n) You must use EPA Reference Method 22 of 40 CFR part 60, 
appendix A-7 to measure fugitive ash emissions and determine compliance 
with the fugitive ash emissions limit, as applicable, under Sec.  
60.52c(c). The minimum observation time must be a series of three 1-
hour observations.
    (o) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits under Sec. Sec.  62.14411 or 62.14412, you:
    (1) Must determine compliance with the appropriate emissions 
limit(s) using a 12-hour rolling average, calculated as specified in 
section 12.4.1 of EPA Reference Method 19 of 40 CFR part 60, appendix 
A-7. Performance tests using EPA Reference Methods are not required for 
pollutants monitored with CEMS.
    (2) Must operate a CEMS to measure oxygen concentration, adjusting 
pollutant concentrations to 7 percent oxygen as specified in paragraph 
(e) of this section.
    (3) Must operate all CEMS in accordance with the applicable 
procedures under appendices B and F of 40 CFR part 60. For those CEMS 
for which performance specifications have not yet been promulgated 
(HCl, multi-metals), this option takes effect on the date a final 
performance specification is published in the Federal Register or the 
date of approval of a site-specific monitoring plan.
    (4) May substitute use of a CO CEMS for the CO annual performance 
test and minimum secondary chamber temperature to demonstrate 
compliance with the CO emissions limit.
    (5) May substitute use of an HCl CEMS for the HCl annual 
performance test, minimum HCl sorbent flow rate and minimum scrubber 
liquor pH to demonstrate compliance with the HCl emissions limit.
    (6) May substitute use of a PM CEMS for the PM annual performance 
test and minimum pressure drop across the wet scrubber, if applicable, 
to demonstrate compliance with the PM emissions limit.
    (p) If you are using a continuous automated sampling system to 
demonstrate compliance with the dioxin/furan emissions limits, you must 
record the output of the system and analyze the sample according to EPA 
Reference Method 23 of 40 CFR part 60, appendix A-7. This option to use 
a continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. If you elect to continuously sample dioxin/
furan emissions instead of sampling and testing using EPA Reference 
Method 23 of 40 CFR part 60, appendix A-7, you must install, calibrate, 
maintain and operate a continuous automated sampling system and comply 
with the requirements specified in 40 CFR 60.58b(p) and (q) of subpart 
Eb.
    (q) If you are using a continuous automated sampling system to 
demonstrate compliance with the Hg emissions limits, you must record 
the output of the system and analyze the sample at set intervals using 
any suitable determinative technique that can meet appropriate 
performance criteria. This option to use a continuous automated 
sampling system takes effect on the date a final performance 
specification applicable to Hg from monitors is published in the 
Federal Register or the date of approval of a site-specific monitoring 
plan. If you elect to continuously sample Hg emissions instead of 
sampling and testing using EPA Reference Method 29 of 40 CFR part 60, 
appendix A-8, or an approved alternative method for measuring Hg 
emissions, you must install, calibrate, maintain and operate a 
continuous automated sampling system and comply with the requirements 
specified in 40 CFR 60.58b(p) and (q) of subpart Eb.
* * * * *

0
23. Section 62.14453 is amended by revising paragraphs (a) introductory 
text, (a)(2) and (b) to read as follows:

Sec.  62.14453  What must I monitor?

    (a) If your HMIWI uses combustion control only, or your HMIWI is 
equipped with a dry scrubber followed by a fabric filter (FF), a wet 
scrubber, a dry scrubber followed by a FF and wet

[[Page 28070]]

scrubber, or a selective noncatalytic reduction (SNCR) system:
* * * * *
    (2) After the date on which the initial performance test is 
completed or is required to be completed under Sec.  62.14470, 
whichever comes first, your HMIWI must not operate above any of the 
applicable maximum operating parameters or below any of the applicable 
minimum operating parameters listed in Table 3 and measured as 3-hour 
rolling averages (calculated each hour as the average of the previous 3 
operating hours), at all times except during performance tests.
    (b) If you are using an air pollution control device other than a 
dry scrubber followed by a FF, a wet scrubber, a dry scrubber followed 
by a FF and a wet scrubber, or a SNCR system to comply with the 
emissions limits under Sec.  62.14411, you must petition the EPA 
Administrator for site-specific operating parameters to be established 
during the initial performance test and you must continuously monitor 
those parameters thereafter. You may not conduct the initial 
performance test until the EPA Administrator has approved the petition.

0
24. Section 62.14454 is amended by revising paragraphs (a) through (c) 
and adding paragraph (e) to read as follows:

Sec.  62.14454  How must I monitor the required parameters?

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

0
25. Section 62.14455 is amended as follows:
0
a. By revising paragraphs (a) through (e);
0
b. By redesignating paragraphs (f) through (h) as paragraphs (g) 
through (i);
0
c. By adding new paragraph (f) ; and
0
d. By revising newly redesignated paragraphs (g) and (h).
    The revisions and addition read as follows:

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

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

[[Page 28071]]

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

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

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

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

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate   The CO emissions limit.
 (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.
(2) Operates above the maximum charge rate   The PM emissions limit.
 (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.

[[Page 28072]]

 
(3) Operates above the maximum charge rate   The dioxin/furan emissions
 (3-hour rolling average for continuous and   limit.
 intermittent HMIWI, daily average for
 batch HMIWI), below the minimum secondary
 chamber temperature (3-hour rolling
 average), and below the minimum scrubber
 liquor flow rate (3-hour rolling average)
 simultaneously.
(4) Operates above the maximum charge rate   The HCl emissions limit.
 (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.
(5) Operates above the maximum flue gas      The Hg emissions limit.
 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.
(6) Uses the bypass stack..................  The PM, dioxin/furan, HCl,
                                              Pb, Cd and Hg emissions
                                              limits.
(7) Operates above the CO emissions limit    The CO emissions limit.
 as measured by a CO CEMS, as specified in
 Sec.   62.14452(o).
(8) Operates above the PM emissions limit    The PM emissions limit.
 as measured by a PM CEMS, as specified in
 Sec.   62.14452(o).
(9) Operates above the HCl emissions limit   The HCl emissions limit.
 as measured by an HCl CEMS, as specified
 in Sec.   62.14452(o).
(10) Operates above the Pb emissions limit   The Pb emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(11) Operates above the Cd emissions limit   The Cd emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(12) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(13) Operates above the dioxin/furan         The dioxin/furan emissions
 emissions limit as measured by a             limit.
 continuous automated sampling system, as
 specified in Sec.   62.14452(p).
(14) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a continuous automated
 sampling system, as specified in Sec.
 62.14452(q).
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate   The CO emissions limit.
 (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.
(2) Operates above the maximum fabric        The dioxin/furan emissions
 filter inlet temperature (3-hour rolling     limit.
 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.
(3) Operates above the maximum charge rate   The HCl emissions limit.
 (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.
(4) Operates above the maximum charge rate   The Hg emissions limit.
 (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.
(5) Uses the bypass stack..................  The PM, dioxin/furan, HCl,
                                              Pb, Cd and Hg emissions
                                              limits.
(6) Operates above the CO emissions limit    The CO emissions limit.
 as measured by a CO CEMS, as specified in
 Sec.   62.14452(o).
(7) Uses a bag leak detection system, as     The PM emissions limit.\a\
 specified in Sec.   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.
(8) Uses a bag leak detection system, as     The opacity limit.\a\
 specified in Sec.   62.14454(e), to
 demonstrate compliance with the opacity
 limit and either fails to initiate
 corrective action within 1 hour of a bag
 leak detection system alarm or fails to
 operate and maintain the FF such that the
 alarm is not engaged for more than 5
 percent of the total operating time in a 6-
 month block reporting period.
(9) Operates above the PM emissions limit    The PM emissions limit.
 as measured by a PM CEMS, as specified in
 Sec.   62.14452(o).
(10) Operates above the HCl emissions limit  The HCl emissions limit.
 as measured by an HCl CEMS, as specified
 in Sec.   62.14452(o).
(11) Operates above the Pb emissions limit   The Pb emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(12) Operates above the Cd emissions limit   The Cd emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(13) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).

[[Page 28073]]

 
(14) Operates above the dioxin/furan         The dioxin/furan emissions
 emissions limit as measured by a             limit.
 continuous automated sampling system, as
 specified in Sec.   62.14452(p).
(15) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a continuous automated
 sampling system, as specified in Sec.
 62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
  required, no alarm time is counted. If corrective action is required,
  each alarm is counted as a minimum of 1 hour. If it takes longer than
  1 hour to initiate corrective action, the alarm time is counted as the
  actual amount of time taken to initiate corrective action.

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

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3-   The NOX emissions limit.
 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.
------------------------------------------------------------------------

     (g) You may conduct a repeat performance test within 30 days of 
violation of applicable operating parameter(s) to demonstrate that your 
HMIWI is not in violation of the applicable emissions limit(s). You 
must conduct repeat performance tests pursuant to this paragraph using 
the identical operating parameters that indicated a violation under 
paragraph (b), (c), (d), (e), or (f) of this section.
    (h) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits in table 1 of this subpart or Sec.  62.14412, and 
your CEMS indicates compliance with an emissions limit during periods 
when operating parameters indicate a violation of an emissions limit 
under paragraphs (b), (c), (d), (e) or (f) of this section, then you 
are considered to be in compliance with the emissions limit. You need 
not conduct a repeat performance test to demonstrate compliance.
* * * * *

0
26. Section 62.14460 is amended as follows:
0
a. By revising paragraph (b)(1)
0
b. By redesignating paragraphs (b)(7) through (15) as paragraphs (b)(8) 
through (16);
0
c. By adding new paragraph (b)(7);
0
d. By revising newly designated paragraph (b)(16);
0
e. By adding paragraphs (b)(17) through (19); and
0
f. By revising paragraphs (c), (e), and (f).
    The revisions and additions read as follows:

Sec.  62.14460  What records must I maintain?

* * * * *
    (a) * * *
    (b) * * *
    (1) Concentrations of any pollutant listed in table 1, measurements 
of opacity and visible ash;
* * * * *
    (7) Amount and type of NOX reagent used during each hour 
of operation, as applicable;
* * * * *
    (16) All operating parameter data collected, if you are complying 
by monitoring site-specific operating parameters under Sec.  
62.14453(b).
    (17) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as 
applicable, as determined by the CEMS or continuous automated sampling 
system, as applicable.
    (18) Records of the annual air pollution control device 
inspections, any required maintenance and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
Administrator.
    (19) Records of each bag leak detection system alarm, the time of 
the alarm, the time corrective action was initiated and completed and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (c) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraph (b)(1) through 
(19) of this section were not obtained, with an identification of the 
emissions rates or operating parameters not measured, reasons for not 
obtaining the data, and a description of corrective actions taken;
* * * * *
    (e) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraphs (b)(1) through 
(19) of this section exceeded the applicable limits, with a description 
of the exceedances, reasons for such exceedances and a description of 
corrective actions taken.
    (f) The results of the initial, annual and any subsequent 
performance tests conducted to determine compliance with the emissions 
limits and/or to establish or re-establish operating parameters, as 
applicable, including sample calculations, of how the operating 
parameters were established or re-established, if applicable.
* * * * *
0
27. Section 62.14463 is amended as follows:
0
a. By redesignating paragraphs (a) through (c) as paragraphs (a)(1) 
through (3);
0
b. By revising newly designated paragraphs (a)(1) and (2);
0
c. By adding paragraph (a)(4);
0
d. By redesignating the section introductory text as paragraph (a) 
introductory text;
0
e. By redesignating paragraphs (d) through (k) as paragraphs (a)(5) 
through (12);
0
f. By revising newly designated paragraphs (a)(5), (11), and (12);
0
g. By adding paragraphs (a)(13) through (15); and
0
h. By adding new paragraph (b).
    The revisions and additions read as follows:

Sec.  62.14463  What reporting requirements must I satisfy?

    (a) * * *
    (1) The initial performance test data as recorded under Sec.  
62.14451(a);
    (2) The values for the site-specific operating parameters 
established pursuant to Sec.  62.14453, as applicable, and a 
description, including sample calculations, of how the operating 
parameters were established during the initial performance test;
* * * * *

[[Page 28074]]

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

0
28. Section 62.14464 is amended as follows:
0
a. By revising paragraphs (a) and (b) and adding paragraph (d) to read 
as follows:

Sec.  62.14464  When must I submit reports?

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

0
29. Section 62.14470 is amended as follows:
0
a. By revising paragraph (a) introductory text;
0
b. By revising paragraphs (a)(1) through (a)(3);
0
c. By revising paragraph (b) introductory text;
0
d. By revising paragraph (b)(1);
0
e. By revising paragraphs (b)(2)(i) through (v); and
0
f. By revising paragraph (b)(3).
    The revisions read as follows:

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

* * * * *
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by May 13, 2014, then you must 
complete the requirements of paragraphs (a)(1) through (a)(4) of this 
section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by May 13, 2014.
    (2) You must achieve final compliance by May 13, 2014. This 
includes incorporating all process changes and/or completing retrofit 
construction, connecting the air pollution control equipment or process 
changes such that the HMIWI is brought online, and ensuring that all 
necessary process changes and air pollution control equipment are 
operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (a)(2) of this section.
* * * * *
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after May 13, 2014, but before October 
6, 2014, then you must complete the requirements of paragraphs (b)(1) 
through (4) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by May 13, 2014.
    (2) * * *
    (i) You must submit a final control plan by May 13, 2016. Your 
final control plan must, at a minimum, include a description of the air 
pollution control device(s) or process changes that will be employed 
for each unit to comply with the emissions limits and other 
requirements of this subpart.
    (ii) You must award contract(s) for on-site construction, on-site 
installation of emissions control equipment or incorporation of process 
changes by December 13, 2013. You must submit a signed copy of the 
contract(s) awarded.
    (iii) You must begin on-site construction, begin on-site 
installation of emissions control equipment or begin process changes 
needed to meet the emissions limits as outlined in the final control 
plan by January 6, 2014.
    (iv) You must complete on-site construction, installation of 
emissions control equipment or process changes by August 6, 2014.
    (v) You must achieve final compliance by October 6, 2014. This 
includes incorporating all process changes and/or completing retrofit 
construction as described in the final control plan, connecting the air 
pollution control equipment or process changes such that the HMIWI is 
brought online and ensuring that all necessary process changes and air 
pollution control equipment are operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (b)(2)(v) of this section.
* * * * *

0
30. Section 62.14471 is amended as follows:
0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) introductory text and (b)(1)(i); and
0
d. By revising paragraphs (b)(2) and (3).
    The revisions read as follows:

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

* * * * *
    (a) If you plan to shutdown by May 13, 2014, rather than come into 
compliance with the requirements of this subpart, then you must 
shutdown by May 13, 2014, to avoid coverage under any of the 
requirements of this subpart.
    (b) If you plan to shutdown rather than come into compliance with 
the

[[Page 28075]]

requirements of this subpart but are unable to shutdown by [May 13, 
2014, then you may petition the EPA for an extension by following the 
procedures outlined in paragraphs (b)(1) through (3) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by [date 90 days 
after publication of final rule]. Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shutdown while May 13, 
2014, does not provide sufficient time for shutdown. Your documentation 
must include an evaluation of the option to transport your waste 
offsite to a commercial medical waste treatment and disposal facility 
on a temporary or permanent basis; and
    (ii) * * *
    (2) You must shutdown no later than October 6, 2014.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this 
subpart by May 13, 2014.

0
31. Section 62.14472 is amended as follows:

0
a. By revising paragraph (a);
0
b. By revising paragraph (b) introductory text;
0
c. By revising paragraphs (b)(1) and (4);
0
d. By revising paragraph (c) introductory text; and
0
e. By revising paragraph (c)(1).
    The revisions read as follows:

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

* * * * *
    (a) If you plan to shutdown and restart prior to October 6, 2014, 
then you must:
    (1) Meet the compliance schedule outlined in Sec.  63.14470(a) if 
you restart prior to May 13, 2014; or
    (2) Meet the compliance schedule outlined in Sec.  62.14470(b) if 
you restart after May 13, 2014. Any missed increments of progress need 
to be completed prior to or upon the date of restart.
    (b) If you plan to shutdown by May 13, 2014, and restart after 
October 6, 2014, then you must complete the requirements of paragraphs 
(b)(1) through (b)(5) of this section.
    (1) You must shutdown by May 13, 2014.
* * * * *
    (4) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you restart.
* * * * *
    (c) If you plan to shutdown after May 13, 2014, and restart after 
October 6, 2014, then you must complete the requirements of paragraphs 
(c)(1) and (2) of this section.
    (1) You must petition the EPA for an extension by following the 
procedures outlined in Sec.  63.14471(b)(1) through (3).
* * * * *

0
32. Section 62.14490 is amended as follows:
0
a. By adding a definition for ``Bag leak detection system'';
0
b. By adding a definition for ``Commercial HMIWI'';
0
c. By revising the definition for ``Maximum design waste burning 
capacity'';
0
d. By adding a definition for ``Minimum reagent flow rate'';
0
e. By revising the definition for ``Minimum secondary chamber 
temperature''; and
0
f. By revising the introductory text to the definition for 
``Modification'' or ``Modified HMIWI.''
    The revisions and additions read as follows:

Sec.  62.14490  Definitions.

    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a FF in order to detect bag 
failures. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, light-scattering, light-
transmittance or other effects to monitor relative PM loadings.
* * * * *
    Commercial HMIWI means a HMIWI which offers incineration services 
for hospital/medical/infectious waste generated offsite by firms 
unrelated to the firm that owns the HMIWI.
* * * * *
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,
    [GRAPHIC] [TIFF OMITTED] TR13MY13.000
    
Where:

C = HMIWI capacity, lb/hr
PV= primary chamber volume, ft\3\
15,000 = primary chamber heat release rate factor, Btu/ft\3\/hr
8,500 = standard waste heating value, Btu/lb;
    (2) For batch HMIWI,
    [GRAPHIC] [TIFF OMITTED] TR13MY13.001
    
Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
4.5 = waste density, lb/ft\3\
8 = typical hours of operation of a batch HMIWI, hours.
* * * * *
    Minimum reagent flow rate means 90 percent of the highest 3-hour 
average reagent flow rate at the inlet to the SNCR technology (taken, 
at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the NOX 
emissions limit.
* * * * *
    Minimum secondary chamber temperature means 90 percent of the 
highest 3-hour average secondary chamber temperature (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the PM, CO, dioxin/furan or 
NOX emissions limits.
    Modification or Modified HMIWI means any change to a HMIWI unit 
after April 6, 2010, such that:
* * * * *

0
33. Section 62.14495 is amended by revising paragraph (b) and adding 
paragraphs (c) through (e) to read as follows:

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

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

[[Page 28076]]

                           Table 1 to Subpart HHH of Part 62--Emissions Limits for Small Rural, Small, Medium and Large HMIWI
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 You must meet this emissions limit
                              ------------------------------------------------------------------------    With these       Using this    And determining
    For the air pollutant                                    HMIWI size                                    units (7      averaging time     compliance
                              ------------------------------------------------------------------------ percent oxygen,        \a\           using this
                                  Small rural          Small            Medium             Large          dry basis)                        method \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...........  87 (0.038)......  66 (0.029)......  46 (0.020) \c\..  25 (0.011)......  Milligrams per   3-run average    EPA Reference
                                                                   34 (0.015) \d\..                     dry standard     (1-hour          Method 5 of
                                                                                                        cubic meter      minimum sample   appendix A-3
                                                                                                        (grains per      time per run).   of part 60, or
                                                                                                        dry standard                      EPA Reference
                                                                                                        cubic foot).                      Method M 26A
                                                                                                                                          or 29 of
                                                                                                                                          appendix A-8
                                                                                                                                          of part 60
Carbon monoxide..............  20..............  20..............  5.5.............  11..............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 10 or
                                                                                                        volume.          minimum sample   10B of
                                                                                                                         time per run).   appendix A-4
                                                                                                                                          of part 60
Dioxins/furans...............  240 (100) or 5.1  16 (7.0) or       0.85 (0.37) or    9.3 (4.1) or      Nanograms per    3-run average    EPA Reference
                                (2.2).            0.013 (0.0057).   0.020 (0.0087).   0.054 (0.024).    dry standard     (4-hour          Method 23 of
                                                                                                        cubic meter      minimum sample   appendix A-7
                                                                                                        total dioxins/   time per run).   of part 60
                                                                                                        furans (grains
                                                                                                        per billion
                                                                                                        dry standard
                                                                                                        cubic feet) or
                                                                                                        nanograms per
                                                                                                        dry standard
                                                                                                        cubic meter
                                                                                                        TEQ (grains
                                                                                                        per billion
                                                                                                        dry standard
                                                                                                        cubic feet).
Hydrogen chloride............  810.............  44 \c\..........  7.7.............  6.6.............  Parts per        3-run average    EPA Reference
                                                 15 \d\..........                                       million by       (1-hour          Method 26 or
                                                                                                        volume.          minimum sample   26A of
                                                                                                                         time per run).   appendix A-8
                                                                                                                                          of part 60
Sulfur dioxide...............  55..............  4.2.............  4.2.............  9.0.............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 6 or 6C
                                                                                                        volume.          minimum sample   of appendix A-
                                                                                                                         time per run).   4 of part 60
Nitrogen oxides..............  130.............  190.............  190.............  140.............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 7 or 7E
                                                                                                        volume.          minimum sample   of appendix A-
                                                                                                                         time per run).   4 of part 60
Lead.........................  0.50 (0.22).....  0.31 (0.14).....  0.018 (0.0079)..  0.036 (0.016)...  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).
Cadmium......................  0.11 (0.048)....  0.017 (0.0074)..  0.013 (0.0057)..  0.0092 (0.0040).  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).
Mercury......................  0.051 (0.0022)..  0.014 (0.0061)..  0.025 (0.011)...  0.018 (0.0079)..  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Except as allowed under Sec.  Sec.   62.14452(o)-(q) for HMIWI equipped with CEMS or continuous automated sampling systems.
\b\ Does not include CEMS, continuous automated sampling systems, and approved alternative non-EPA test methods allowed under Sec.   62.14452(d) and
  (m).
\c\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(i).
\d\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(ii).

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

[[Page 28077]]

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

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

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

[[Page 28078]]

 
Minimum pressure drop across the wet   Continuous.......................  Once per minute..................  ...............  ...............         [check]          [check]   ...............
 scrubber or minimum horsepower or
 amperage to wet scrubber.
Minimum scrubber liquor flow rate....  Continuous.......................  Once per minute..................  ...............  ...............         [check]          [check]   ...............
Minimum scrubber liquor pH...........  Continuous.......................  Once per minute..................  ...............  ...............         [check]          [check]   ...............
Minimum reagent flow rate............  Hourly...........................  Once per hour....................  ...............  ...............  ...............  ...............         [check]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-09427 Filed 5-10-13; 8:45 am]
BILLING CODE 6560-50-P
```