•
EPA-456/R-97-007
y Hospital/Medical/Infectious Waste Incinerator Emission Guidelines:
o Summary of the Requirements for Section 11 l(d)/129 State Plans
(EPA-456/R-97-007)
Approved by:
Thomas C. Curran (Date)
Director, Information Transfer
and Program Integration Division
Research Triangle Park, North Carolina 27711
Bruce C. Jordan / (Date)
Director. Emission Standards Division
Research Triangle Park, North Carolina 27711
•v^wx
John S. Seitz 'J (Date)
)irector, Office of Air Quality
Planning and Standards
Research Triangle Park, North Carolina 27711
in
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Hospital/Medical/Infectious Waste Incinerator Emission Guidelines:
Summary of the Requirements for Section lll(d)/129 State Plans
(EPA-456/R-97-007)
Available at:
(1) U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Air and Radiation Docket and Information Center
Room M-1500 Waterside Mall, Ground Floor
Phone: 202-260-7548
Docket Number: A-91-61
Item number: V-B-05
(2) U.S. Environmental Protection Agency
Regional Office Libraries (Regions I-X)
(see Appendix F for Addresses)
(3) EPA/STAPPA/ALAPCO Unified Air Toxics Website
The files are located at:
"http:/www.epa.gov/ttn/uatw"
Click on "EPA Rules and Implementation"
Scroll to "Section 129 Rules for Solid Waste Combustion'
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Hospital/Medical/Infectious Waste Incinerator Emission Guidelines:
Summary of the Requirements for Section 11 l(d)/129 State Plans
(EPA-456/R-97-007)
Office of Air Quality Planning and Standards
U. S. Environmental Protection Agency
Research Triangle Park, North Carolina 27711
November 26, 1997
Vll
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Disclaimer
This document does not establish any new requirements. Rather, it summarizes existing
regulations and provides guidance to States pertaining to State Plan development under
Section 129 of the Clean Air Act as amended in 1990.
Vlll
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HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATOR EMISSION GUIDELINES
IMPLEMENTATION DOCUMENT SURVEY
PLEASE PRINT CLEARLY and use the back of this form if you need additional room
1. How did you hear about this document?
D TTN a Unified Air Toxics Web Site
n EPA's HMIWI Satellite Course n Other
2. Have you ever used an EPA guidance document before? D yes n no
If yes, did you find this document to be a more useful, a less useful, or a about the
same as other EPA documents you have used?
3. What did you like about this document or what helped you most (be specific if possible):
4. What did you not like about this document or what helped you the least (be specific if
possible):
5. Are there any things you would change about this document (e.g. formats, excluding some
things or including other things that were not in the document):
6. Did you find the over usage of this document to be:
D extremely useful D so-so useful
n very useful n Not useful at all
Thank you for your time. Please return the survey to:
Valerie Broadwell
U. S. Environmental Protection Agency (EPA)
Research Triangle Park (RTF), MD-12
Research Triangle Park, NC 97711
(919) 541-3310, fax (919) 541-2664
broadwell.valerie@epamail.epa.gov
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Executive Summary
Air pollution emissions from the incineration of hospital waste and medical/infectious
waste are regulated by Federal rules promulgated to implement the Clean Air Act as amended in
1990. This document addresses the regulations that have been developed for
hospital/medical/infectious waste incinerator(s) (HMIWI) under sections 111 and 129 of the
Clean Air Act. Section 111 of the Clean Air Act addresses Standards of Performance for
Stationary Sources. Section 129 addresses Solid Waste Combustion.
Federal rules promulgated in the Code of Federal Regulations (CFR) that affect the
combustion of hospital waste and medical/infectious waste include:
(1) Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators [40 CFR Part 60, subpart Ce] (The Emission Guidelines apply to existing
HMTWI that commenced construction on or before June 20, 1996);
(2) Rules governing the Adoption and Submittal of State Plans for Designated Facilities
[40 CFR Part 60, subpart B]; and
(3) Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for
Which Construction is Commenced After June 20, 1996 [40 CFR Part 60 subpart EC].
Unlike the subpart EC New Source Performance Standards, which apply directly to new
sources, States are to develop a State Plan in order to compel existing sources to meet the
Emission Guidelines. Together, subpart B and subpart Ce specify the State Plan content and the
general rules for adopting and submitting State Plans. Working with EPA Regional Offices and
States, the EPA Office of Air Quality Planning and Standards has produced this guidance
document to assist States in ensuring that their State Plans are complete and meet all the
requirements of subpart B and subpart Ce.
This document draws together relevant information from the Federal regulations that
affect hospital and medical/infectious waste incineration to give State regulatory agencies the
information they need to develop State Plans. Section 1 of this document provides an overview
of regulatory and State Plan requirements; section 2 presents information on the timeline and
responsibilities for developing and submitting State Plans; and section 3 discusses the required
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elements of a State Plan. The appendices to this document contain reference and explanatory
materials, including: (1) frequently asked questions and answers; (2) copies of the HMTWI NSPS
and Emission Guidelines; (3) a fact sheet on the Emission Guidelines; (4) clarifications of the
requirements and applicability of the Emission Guidelines; (5) contacts for further information;
(6) emission factors for calculating HMIWI air pollutant emissions; and (7) references on health
effects of pollutants.
On September 15, 1997 the EPA adopted (1) Emission Guidelines for existing HMIWI
and (2) New Source Performance Standards for new HMIWI. The Clean Air Act requires that
State regulatory agencies implement the Emission Guidelines according to a State Plan developed
under sections 11 l(d) and 129 of the Clean Air Act, and that they submit the State Plan to EPA
within 1 year after EPA's promulgation of the Emission Guidelines (Le., by September 15, 1998).
State Plans must contain specific information and the legal mechanisms necessary to
implement the Emission Guidelines. The minimum requirements are listed below.
1. A demonstration of the State's legal authority to carry out the section 11 l(d)/129
State Plan and identification of enforceable mechanisms, including:
a list in the enforcement section of the State Plan indicating the
consequences for sources not in compliance and the authority under which
a State can shut down/close a source, and
a reference to section 129(f)(3) ("PROHIBITION") which prohibits a plant
from operating if it does not comply with the standard.
adequate authority to enforce the recordkeeping and notification
requirements for co-fired combustors and incinerators burning only
pathological, low-level radioactive, and chemotherapeutic waste (see
section 60.32e of subpart Ce).
2. An inventory of sources in the State affected by the Emission Guidelines, including
to the best of the State's knowledge, HMIWI that have shut down and are capable
of restarting, and including:
a statement preceding the inventory which says that sources subject to the
standard "includes but are not limited to" the inventory in the State Plan,
and
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an additional statement that says, "should another source be discovered
subsequent to this notice, there will be no need to reopen the State Plan."
3. An inventory of emissions from HMIWI operating in the State.
4. Emission limitations for HMIWI that are at least as protective as those in the
Emission Guidelines.
5. Compliance schedules (including increments of progress for compliance schedules
which extend beyond 1 year after State Plan approval).
6. Testing, monitoring, and inspection requirements at least as protective as those in
the Emission Guidelines.
7. Reporting and recordkeeping requirements at least as protective as those in the
Emission Guidelines.
8. Operator training and qualification requirements at least as protective as those in
the Emission Guidelines.
9. Requirements for development of a Waste Management Plan at least as protective
as those in the Emission Guidelines.
10. A record of public hearing(s) on the State Plan.
11. Provision for State progress reports to EPA.
12. Title V permit applications due date.
13. A final compliance date not later than 3 years after approval of the State Plan or
September 15, 2002, whichever is earlier.1
Prior to submittal to EPA, the State must make available to the public the State Plan and
provide opportunity for public comment. The State must submit the final Plan to EPA by
September 15, 1998. The EPA then has 180 days (6 months) to approve or disapprove the State
Plan. Plan approval or disapproval will be published in the Federal Register. If a Plan is
disapproved, EPA will state the reasons for disapproval in the Federal Register and give the State
opportunity to respond to EPA's concerns and submit a revised Plan. A Federal Plan will be
developed for each State that does not have an approved Plan in place by September 15, 1999.
'Final compliance beyond 1 year after State Plan approval is possible only if the State Plan
contains increments of progress (see section 10).
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Based on the EPA's 1995 inventory of HMIWI subject to the Emission Guidelines, the
total combustion capacity of the HMIWI subject to the Emission Guidelines is approximately
846,000 tons per year. According to the inventory, 26 percent of the HMTWI (which represent
67 percent of the U.S. HMIWI combustion capacity) employ some kind of add-on air pollution
control device (APCD). An additional 42 percent of the HMIWI population (which constitute
approximately 22 percent of the U.S. HMIWI combustion capacity) are believed to have good
combustion.2 Most of these units will require retrofit of an APCD to meet the Emission
Guidelines. The remaining 32 percent of existing HMIWI (11 percent of the U.S. HMIWI
combustion capacity) is likely to require retrofit of good combustion and an APCD in order to
meet the emission limits. The table below presents the approximate number of HMIWI in each
State. The figure below shows the location of the HMIWI.
the extent that good combustion is defined, it means 2-second residence time in the
secondary chamber at 1800°F. However, the Emission Guidelines do not require 2-seconds and
1800°F.
XIV
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Approximate Number of Hospital/Medical/Infectious
Waste Incinerators in Each State
EPA Region
I
n
III
IV
State
Connecticut
Massachusetts
Maine
New Hampshire
Rhode Island
Vermont
New York
New Jersey
Puerto Rico
Virgin Islands
Virginia
Delaware
District of Columbia
Maryland
Pennsylvania
West Virginia
Florida
Georgia
North Carolina
Alabama
Kentucky
Mississippi
South Carolina
Tennessee
Approximate Number of HMIWI*
25
109
36
17
11
3
18
61
b
b
65
8
3
82
72
14
44
103
90
54
37
21
26
57
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Approximate Number of Hospital/M edical/Infectious
Waste Incinerators in Each State, Continued
EPA Region
V
VI
VII
VIII
State
Minnesota
Wisconsin
Illinois
Indiana
Michigan
Ohio
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Iowa
Kansas
Missouri
Nebraska
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
Approximate Number of HMTWI*
119
10
108
92
287
126
39
92
b
32
63
34
114
59
33
39
5
76
b
2
7
XVI
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Approximate Number of Hospital/Medical/Infectious
Waste Incinerators in Each State, Continued
EPA Region
IX
X
State
Arizona
California
Hawaii
Nevada
Alaska
Idaho
Oregon
Washington
Total
Approximate Number of HMIWI*
14
23
b
b
b
12
b
31
2,373
1 The approximate number of HMIWI is based on data gathered in 1995. The number of HMIWI
in each State may have changed since development of the 1995 inventory.
b Not known at present.
xvii
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Inventory of Existing Medical Waste Incinerators (1995).
Incinerator
SMSA
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Table of Contents
Page
1.0 Introduction 1-1
1.1 Organization of this Document 1-1
1.2 Clean Air Act Requirements 1-2
1.3 Emission Guidelines 1-3
1.4 Requirements for State Plans 1-5
1.5 Relationship Between the Section 11 l(d)/129 State Plan and SIP 1-10
2.0 Schedule and Responsibilities 2-1
2.1 State Plan Schedule 2-1
2.2 Responsibilities 2*4
2.2.1 EPA Responsibilities 2-5
2.2.2 State Responsibilities 2-6
2.2.3 Source Responsibilities 2-8
3.0 Required Elements of an Acceptable State Plan 3-1
3.1 Demonstration of Legal Authority 3-1
3.2 Criteria for an Adequate Enforceable Mechanism 3-4
3.3 Source Inventory 3-6
3.4 Emission Inventory 3-7
3.4.1 Emission Estimation Methods 3-7
3.4.2 Required Emission Summary Reports 3-8
3.4.3 Annual Emission Reporting 3-9
3.4.4 Reporting to AFS 3-9
3.5 Compliance with Emission Limitations 3-9
3.6 Testing, Monitoring, Recordkeeping, Reporting and Other Source
Requirements 3-11
3.7 Operator Training and Qualification Requirements 3-12
3.8 Inspection Requirements 3-12
3.9 Waste Management Plan Requirements 3-13
3.10 Compliance Schedules 3-13
3.10.1 Retrofit Required 3-14
3.10.2 Retrofit Schedules for HMIWI 3-15
3.10.3 Increments of Progress 3-16
3.10.4 HMIWI Shutdowns 3-18
3.11 Public Hearings 3-21
3.12 State Progress Reports to EPA 3-22
4.0 Requirements for Co-fired Combustors and Incinerators Burning Only
Pathological, Low-level Radioactive, and Chemotherapeutic Waste 4-1
5.0 Title V Requirements for HMIWI 5-1
xix
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Table of Contents (Continued)
Appendices
A Answers to Questions About the Emission Guidelines and State Plan Process
B Key Elements of an Acceptable Section 11 l(d)/129 State Plan
C Emission Guideline Fact Sheet (40 CFR 60 Subpart Ce)
D Applicability of the HMIWI Emission Guidelines
E HMTWI Implementation Timeline
F EPA Regional and State/Local Agency Contacts
G HMTWI Emission Inventory
H References on Health Effects
I NSR Permit Requirements for HMIWI
J Clean Air Act Section 111 (d)
K Clean Air Act Section 129
L 40 CFR 60 Subpart B
M 40 CFR 60 Subparts Ce (EG) and EC (NSPS)
N Example Exemption Claim Forms
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List of Figures
Page
Figure 1-1. Relationship Between Section 11 l(d), Section 129, and Subpart B 1-4
Figure 2-1. HMTWI Implementation Timeline 2-2
List of Tables
Page
Table 1-1. Appendices to This Document 1-2
Table 1-2. Outline of the Emission Guidelines for HMTVVI 1-4
Table 1-3. Regulations for Adopting and Submitting State Plans 1-9
Table 2-1. Sample State Schedule for Section 11 l(d)/129 State Plans 2-4
Table 3-1. Summary of Requirements for Section 11 l(d)/129 State Plans 3-2
Table 3-2. Schedule for HMIWI Compliance with the HMTWI Emission Guidelines . 3-15
xxi
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XX11
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List of Acronyms and Abbreviations
AFS Aerometric Emissions Information Retrieval System Facility Subsystem
AHA American Hospital Association
APCD Air Pollution Control Device
CAA Clean Air Act (of 1990)
Cd Cadmium
CFR Code of Federal Regulations
CO Carbon Monoxide
Dioxin/furan Tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
FR Federal Register
HMIWI Hospital/Medical/Infectious Waste Incinerator(s)
HC1 Hydrogen Chloride
Hg Mercury
Ib/hr pounds per hour
MWC Municipal Waste Combustor
NAAQS National Ambient Air Quality Standards
NEDS National Emissions Data System
NESHAP National Emission Standards for Hazardous Air Pollutants
NO, Nitrogen Oxides
NSPS New Source Performance Standard
NSR New Source Review
Pb Lead
PM Paniculate Matter
PSD Prevention of Significant Deterioration
SIP State Implementation Plan
SO2 Sulfur Dioxide
TEQ Toxic Equivalent Quantity
xxm
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1.0 Introduction
The purpose of this document is to assist the State air regulatory agencies in
developing State Plans which will implement regulations controlling air pollutant emissions from
hospital/medical/infectious waste incinerator(s) (HMIWI). Under the Clean Air Act as amended
f in 1990, the United States Environmental Protection Agency (EPA) is required to develop
regulations to control air pollutant emissions from HMIWI. Emissions from new HMIWI are
addressed by standards of performance for new sources (New Source Performance Standards
[NSPS]), and emissions from existing HMIWI are addressed by guidelines for existing sources
(Emission Guidelines). The EPA promulgated the NSPS (subpart EC) and Emission Guidelines
(subpart Ce) for HMIWI on September 15, 1997. States are to develop State Plans to implement
the Emission Guidelines for existing sources and submit the State Plans to EPA by
September 15, 1998. This document provides State agencies information on the required content
of these State Plans.
1.1 Organization of this Document
This document brings together the information on the relevant parts of the various
regulations that affect existing HMIWI constructed on or before June 20, 1996. These
regulations were developed under section 11 l(d) and section 129 of the Clean Air Act. The
regulations are codified in title 40 of the Code of Federal Regulations (CFR) Part 60. The CFR
rules include (1) Adoption and Submittal of State Plans for Designated Facilities (subpart B) and
(2) the Emission Guidelines for existing HMIWI (subpart Ce).
Section 1 of this document provides an overview of regulatory and State Plan
requirements; section 2 presents information on the timeline and responsibilities for developing
and submitting State Plans; and section 3 discusses the required elements of a State Plan. The
appendices of this document are listed in Table 1-1. The appendices include reference materials
that States may find useful when developing their State Plans, such as copies of relevant
regulations, answers to frequently asked questions, emission factors (for estimating emissions
from HMIWI), and contact lists.
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Table 1-1. Appendices to This Document
Appendix Title
A Answers to Questions About the Emission Guidelines and State Plan Process
B Key Elements of an Acceptable Section 111 (d)/129 State Plan
C Emission Guideline Fact Sheet (40 CFR 60 Subpart Ce)
D Applicability of the HMIWI Emission Guidelines
E HMIWI Implementation Timeline
F EPA Regional and State/Local Agency Contacts
G HMIWI Emission Inventory
H References on Health Effects
I NSR Permit Requirements for HMIWI
J Clean Air Act Section 111 (d)
K Clean Air Act Section 129
L 40 CFR 60 Subpart B
M 40 CFR 60 Subparts Ce (EG) and EC (NSPS)
N Example Exemption Claim Forms
1.2 Clean Air Act Requirements
Section 11 l(d) has been included in the Clean Air Act since the 1970's and
requires EPA to establish procedures for submission of State Plans for implementing Emission
Guidelines. The first Emission Guideline adopted was for sulfuric acid plants in 1977. Other
Emission Guidelines have been adopted since that time. The State Plans implement and provide
mechanisms for enforcing the Emission Guidelines. Section 129 was added to the Clean Air Act
in 1990 and specifically addresses solid waste combustion. It requires EPA to establish Emission
Guidelines for HMIWI and requires States to develop State Plans for implementing the Emission
Guidelines. The subpart Ce Emission Guidelines for HMIWI differ from some other Emission
Guidelines adopted in the past because the subpart Ce Emission Guidelines address both
section 11 l(d) and section 129 requirements. Section 129 overrides some aspects of
section 11 l(d). (The subpart Cb Emission Guidelines for Municipal Waste Combustors (MWC)
similarly address both section 11 l(d) and section 129 requirements.)
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Detailed procedures for submitting and approving State Plans under
section 11 l(d) were promulgated by EPA in 1975 as 40 CFR Part 60, subpart B and amended in
1979, 1989, and 1995. The 1995 amendments to subpart B were adopted on December 19, 1995
in the same action that promulgated the subpart Cb Emission Guidelines for MWC. The
revisions to subpart B address differences between sections 129 and 11 l(d) of the Clean Air Act
In particular, section 129 requires that State Plans for HMIWI be submitted to EPA within 1 year
after promulgation of the Emission Guidelines, whereas the subpart B procedures developed to
implement section 11 l(d) Plans have a different schedule. Also, section 129 requires
section 11 l(d)/129 State Plans to be "at least as protective as the guidelines;" whereas
section 11 l(d) allows States flexibility to consider the remaining useful life of the source and
other factors in developing State Plans and standards. Where section 129 conflicts with
section 11 l(d), the December 19, 1995 revisions supersede otherwise applicable requirements of
subpart B. (See Appendices J, K, and L for the full text of section 11 l(d), section 129, and
subpart B.) Figure 1-1 demonstrates the relationship between sections 11 l(d), section 129, and
subpart B.
1.3 Emission Guidelines
The Emission Guidelines for HMIWI were promulgated on September 15, 1997
(62 FR 48347). and codified in 40 CFR Part 60, subpart Ce. An outline of the Emission
Guidelines is presented in Table 1-2. The Emission Guidelines apply to existing HMIWI that
commenced construction on or before June 20, 1996 . The pollutants regulated by subpart Ce
include metals (cadmium [Cd], lead [Pb], and mercury [Hg]); paniculate matter (PM); acid
gases, (sulfur dioxide [SO2], nitrogen oxides [NOX], and hydrogen chloride [HC1]); organic
compounds (dioxins and furans); carbon monoxide (CO); and opacity. The Emission Guidelines
are summarized in a fact sheet included in this document (see Appendix C). The full text of the
Emission Guidelines (subpart Ce) is also provided (see Appendix M).
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Figure 1-1. Relationship Between Section lll(d), Section 129, and Subpart B
Statues
CAA
Section lll(b)
(new sources)
Section lll(d)
(existing sources)
Section 1293
Rules, Regulations, and Procedures
40 CFR Part 60
NSPS- — >General provisions --> subpart A
Source category NSPS --> subpart D-ZZZ
EG > Procedures (State Plan) --> subpart B - amended to allow additional directions
specified in section 129
Source category EG ->subpart Cb (MWC), Ce (HMIWI), . . .
Provides more specific directions above sections 1 1 l(b) and 1 1 l(d) for those
combustors listed in section 1 29.
solid waste
Section 129 was added with the 1990 Amendments to the CAA. Section 129 changed section 11 l(d) in the
following ways:
• State rule must be at least as protective as the EG.
• Deletes opportunity for sources to have a longer compliance schedule than what the EG specifies.
• Allows States a longer time for submittal of their State Plan (i.e., 12 months instead of 9 months).
Table 1-2. Outline of the Emission Guidelines for HMIWI
(40 CFR Part 60, Subpart Ce)
Section Contents
60.30e Scope
60.3 le Definitions
60.32e Designated facilities
60.33e Emission guidelines
60.34e Operator training and qualification guidelines
60.35e Waste Management Plan
60.36e Inspection guidelines
60.37e Compliance, performance testing, and monitoring guidelines
60.38e Reporting and recordkeeping guidelines
60.39e Compliance times
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1.4 Requirements for State Plans
States are to develop section 11 l(d)/129 State Plans to implement the HMIWI
Emission Guidelines and to submit their Plans to the appropriate EPA Regional Office for
approval. The first step for meeting the State Plan requirement is to identify and prepare a list of
sources operating in the State that are subject to the Emission Guidelines. If there are no sources
affected by the Emission Guidelines in the State, then the State need only submit a letter of
certification called a negative declaration to their EPA Regional Administrator, and no Plan is
submitted.4
All sources, whether they are on the State's list or not, are subject to the State Plan
and must be in compliance no later than 3 years following State Plan approval or by
September 15, 2002, whichever is earlier. In order to cover sources that might be discovered
after submittal of the State Plan, States should include certain language in the State Plan.
Although a State could choose to revise the State Plan in order to establish a separate, but equally
protective compliance schedule for the newly discovered source, it is not necessary, provided the
State Plan includes the following:
1. A statement preceding the inventory which says that sources subject to the
standard "include, but are not limited to" the inventory in the State Plan;
and
2. In additional statement that says, "Should another source be discovered
subsequent to this notice, there will be no need to reopen the State Plan."
The EPA also advises States to include in their State Plan a generic compliance
schedule with which "all other applicable sources" not listed individually in the State Plan must
comply. Any newly discovered source would be bound to that generic compliance schedule.
4The absence of known sources does not preclude a State from submitting a State Plan.
States with no known sources may still want to submit a State Plan to cover existing sources
subsequently discovered.
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It is possible that HMIWI that are not operating at the time of State Plan submittal
could reopen as an existing unit in the future. Such a unit would be considered an existing
HMIWI, assuming it was constructed prior to June 20, 1996.5 Therefore, States should make a
reasonable effort to include sources in the inventory which have shut down but have the potential
to reopen.
In order for an HMIWI that shut down to reopen, the State must submit a State
Plan to require retrofit of the necessary air pollution controls before the HMIWI reopens. The
revised Plan for the non-operating unit must contain a final compliance date and legal authority
to ensure that the HMIWI would complete retrofit before reopening. As discussed above, the
State does not need to revise the State Plan in order to require newly discovered sources to
retrofit, but rather, need only refer them to the generic compliance schedule contained in the
State Plan. If a source were discovered well into the compliance time and had already missed
several increments of progress, it would need to shut down immediately and remain closed until
it had caught up with the increments. Of course, the State always has the option of assigning a
separate compliance schedule to that newly discovered source, but in order to do so, the State
would need to revise the State Plan.
States which have HMIWI are required to submit a section 11 l(d)/129 State Plan.
At a minimum, the State Plan must include the elements listed below.
1. A demonstration of the State's legal authority to carry out the
section 11 l(d)/129 State Plan and identification of enforceable
mechanisms, including:
a list in the enforcement section of the State Plan indicating the
consequences for sources not in compliance and the authority
under which a State can shut down/close a source, and
5If an HMIWI that shut down and reopened had been modified, then it would be
considered a new source. Modification means any change that results in an increase in emissions
to the atmosphere or the capital cost of the change is more than 50 percent of the
inflation-adjusted replacement cost of the HMIWI.
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a reference to section 129(f)(3) ("PROHIBITION") which prohibits
a plant from operating if it does not comply with the standard.
adequate authority to enforce the recordkeeping and notification
requirements for co-fired combustors and incinerators burning only
pathological, low-level radioactive, and chemotherapeutic waste
(see section 60.32e of subpart(e)).
2. An inventory of sources in the State affected by the Emission Guidelines,
including to the best of the State's knowledge, HMIWI that have shut
down and are capable of restarting, and including:
a statement preceding the inventory which says that sources subject
to the standard "includes but are not limited to" the inventory in the
State Plan, and
an additional statement that says, "should another source be
discovered subsequent to this notice, there will be no need to
reopen the State Plan."
3. An inventory of emissions from HMIWI operating in the State.
4. Emission limitations for HMIWI that are at least as protective as those in
the Emission Guidelines.
5. Compliance schedules (including increments of progress for compliance
schedules which extend beyond 1 year after State Plan approval).
6. Testing, monitoring, and inspection requirements at least as protective as
those in the Emission Guidelines.
7. Reporting and recordkeeping requirements at least as protective as those in
the Emission Guidelines.
8. Operator training and qualification requirements at least as protective as
those in the Emission Guidelines.
9. Requirements for development of a Waste Management Plan at least as
protective as those in the Emission Guidelines.
10. A record of public hearing(s) on the State Plan.
11. Provision for State progress reports to EPA.
12. Title V permit applications due date.
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13. A final compliance date not later than 3 years after approval of the State
Plan or September 15,2002r whichever is earlier. 6
The State Plans are due to EPA by September 15, 1998. Table 1-3 is a cross
check of subpart B requirements and of whether or not each section applies to HMIWI.
Table 1-3 also indicates where the HMIWI Emissioa Guidelines (subpart Ce) and section 129 of
the Clean Air Act override specific provisions of subpart B. The EPA published policy guidance
for subpart B in 1977. That guidance applies to the HMIWI Emission Guidelines except where
overridden by the changes introduced in section 129 of the Clean Air Act of 1990 and
subpart Ce.
6Final compliance beyond 1 year after State Plan approval is possible only if the State
Plan contains increments of progress (see Section 3.10).
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Table 1-3. Regulations for Adopting and Submitting State Plans
(40 CFR 60 Subpart B)
Section Number
and Title
General Contents
Does the section Apply to HMIWI ?
60.20
"Applicability"
Subpart B applies when final
Guidelines are promulgated
(i.e., subpart Ce).
Yes, final HMIWI Guidelines (subpart Ce) were
published September 15, 1997 so subpart B
now applies to HMIWI.
60.21
"Definitions"
Definitions of key terms.
Definition of "designated pollutant" in
subpart B does not apply to HMIWI.
Subpart Ce lists nine HMIWI pollutants that are
covered.
Definition of "designated facility" in subpart B
is defined in subpart Ce as each HMIWI for
which construction commenced on or before
June 20, 1996.
60.22
"Publication of
guideline documents,
Emission Guidelines,
and final compliance
times"
Descriptions of contents of
Emission Guidelines to be
developed by EPA.
Yes. Guidelines for HMIWI (subpart Ce) have
been developed and published as required
(September 15, 1997 [62 FR 48347]).
60.23
"Adoption and submittal
of State Plans, public
hearings"
Schedules and procedures for
States to follow in developing and
submitting State Plans.
Requirements for public hearings
on State Plans.
Yes, except for 60.23(a). Section 129 specifies
that State Plans for HMIWI be submitted 1 year
after publication of subpart Ce (i.e.,
September 15, 1998).
60.24
"Emission standards
and compliance
schedules"
State Plans must include emission
standards and compliance
schedules. State Plans may be
more or less stringent than the
Guidelines.
Yes, except 60.24(0 does not apply.
Subpart Ce and Section 129 specify that State
Plans must be "at least as protective" as the
Guidelines.
60.25
"Emission inventories,
source surveillance,
reports"
Plans must include a plant
inventory and an emissions
inventory and provisions for
monitoring compliance. States
must submit progress reports to
EPA.
Yes.
60.26
"Legal authority"
Plans must demonstrate that the
State has legal authority to carry
out the Plan as submitted.
Yes.
7Note that "emission standards" can include any State enforceable mechanisms including,
but not limited to, State rules (see section 3.2 in this document).
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Table 1-3. Continued
Section Number
and Title
60.27
"Actions by the
Administrator"
60.28
"Plan revisions by the
State"
60.29
"Plan revisions by the
Administrator"
General Contents
Procedures for EPA review and
approval or disapproval of Plans.
Federal Plans will be developed if
States have not submitted
approvable Plans.
Procedures for revision of Plans.
Procedures for revision of Plans.
Does the section Apply to HMIWI ?
The schedules in 60.27 do not apply. For
HMIWI, section 129(b)(2) of the Clean Air Act
allows 6 months for EPA to approve or
disapprove State Plans. The EPA will
implement a Federal Plan per section 129(b) for
all States (with affected sources) which do not
have an EPA approved State Plan in place by
September 15, 1999 (2 years after
promulgation).
Yes.
Yes.
1.5
Relationship Between the Section 1 IKdI/I29 State Plan and SIP
The State Plans for implementing the HMIWI Emission Guidelines are different
from State Implementation Plans (SIP) required by sections 110 or 172 of the Clean Air Act.
The State Plan and the SIP are programs for State implementation of Federal requirements, and
for both, the administrative procedures, particularly the public hearing process, are similar. Both
programs are designed to achieve emission reductions at sources by identifying the pollutant to
be controlled, establishing the emission limits for the source, and establishing procedures to
ensure that emission limits are met.
However, the States and EPA fulfill different responsibilities under the two
programs. The goal of section 11 l(d) State Plans is to control the emissions of designated
pollutants8 by establishing standards of performance for existing sources. Section 11 l(d)
Emission Guidelines (including emission limitations or performance levels) are technologically-
based and are established by EPA on a national level. States are responsible for developing and
implementing a program to achieve compliance with these technologically-based standards.
8Section 11 l(d)/129 Plans apply to PM, SO2, HC1, CO, NOX, Pb, Cd, Hg, and
dioxin/furan [sections 129(a)(4) and 129(b)(2)].
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The goal of the SIPs, on the other hand, is to attain and maintain National
Ambient Air Quality Standards (NAAQS) or ambient concentrations for certain criteria
pollutants (Pb, SO2, PM10, NO2, CO, and ozone) in a given area. Hence, in the SIP program, the
State establishes emission limitations or standards based on the sources' contributions to local air
quality and other local factors. The emission control requirements for a regulated source
category under a SIP may vary from plant to plant based on local factors.
The States are responsible for implementing both section 11 l(d)/129 State Plans
and SEP programs, and both programs complement each other. Where the SIP requirements are
adequate to meet the 11 l(d)/129 standard, the State may elect to submit a section 11 l(d)/129
State Plan that relies on the requirements of the SIP (section 110) to meet the section 11 l(d)/129
emission standard. In addition, where the section 11 l(d)/129 requirements protect the NAAQS,
the State may elect to rely on these requirements in the SIP control strategy.
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2.0 Schedule and Responsibilities
Sections 11 l(d) and 129 of the Clean Air Act require each State to adopt and
submit Plans that implement the HMIWI Emission Guidelines within 1 year after EPA
publication of the final Emission Guidelines. Emission Guidelines for HMIWI (40 CFR Part 60,
subpart Ce) were published on September 15, 1997 (62 FR 48347) and State Plans must be
submitted to EPA on or before September 15, 1998. Figure 2-1 is a timeline which shows how
implementation of the Emission Guidelines might proceed if the maximum time allowed is used
for each event.
2.1 State Plan Schedule
In order to submit the section 11 l(d)/129 State Plan by September 15, 1998,
States need to develop the section 11 l(d)/129 State Plan as soon as possible and complete the
required public hearings. The steps that are necessary for States to develop and submit the State
Plans are listed in Table 2-1, along with an example schedule.
After the State Plan is submitted, EPA is required to approve or disapprove the
Plan no later than 6 months of State Plan submittal. The EPA's decision to approve or
disapprove each State Plan will be published in the Federal Register (FR). Final decisions will
be codified in 40 CFR Pan 62, "Approval and Promulgation of State Plans for Designated
Facilities and Pollutants." If a State Plan is not approvable, EPA will attempt to discuss its
concerns about the State Plan with the State prior to official disapproval. If the Plan is not
approved, the basis for disapproval will be discussed in the FR notice and the State would have
to opportunity to submit a revised Plan addressing EPA's concerns. If the State does not have an
approved Plan in place by September 15, 1999, the EPA's Federal Plan will go into effect
immediately and will be applicable to affected sources in that State.
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State Plans
due 2
9/98
Federal Plan
Published
9/99 4
Compliance Window
Increments of progress
required6
T
9/97
Rule
Promulgated1
T
3/99
EPA Approves/
Disapproves
State
Plans3
T
3/00
Compliance due 5
and Title V permit
applications due
for existing sources
T
9/00
Title V Permits
in Place for all
Sources
?
9/02
"Backstop"
Compliance
Deadline
to
i 62 FR 48347.
2 Sec. 129(b)(2) requires State Plans be submitted not later than one year after promulgation of the rule.
jSec. 129(b)(2) requires EPA to approve or disapprove a State Plan within 180 days of submission.
-------
Section 11 l(d)/129 State Plans must include a compliance schedule for all
existing HMIWI located in the State. The compliance schedule can allow up to 3 years from
State Plan approval for HMIWI to comply provided the Plan includes enforceable increments of
progress. In all cases, all applicable sources must be in compliance no later than 3 years after
State Plan approval by EPA or September 15, 2002, whichever is earlier. Compliance can be
achieved by either completing retrofit of air pollution controls or by shutdown. States may
establish compliance schedules that are shorter than the times allowed by the Emission
Guidelines, but they may not establish compliance schedules that are longer than allowed by the
Emission Guidelines.
For purposes of the Emission Guidelines, the HMIWI population has been divided
into three subcategories which are based on HMIWI pound per hour (Ib/hr) capacity to burn
hospital waste and medical/infectious waste. The "small" subcategory consists of HMIWI that
burn less than or equal to 200 Ib/hr. State Plans may further divide the small subcategory to
allow some small HMIWI located in rural areas the option of meeting less stringent Emission
Guidelines. The "rural criteria" to be used in determining which small HMIWI could be allowed
to meet the less stringent Emission Guidelines is discussed in Appendix D. The "medium"
subcategory includes HMIWI that burn between 200 and 500 Ib/hr, and the "large" subcategory
consists of HMIWI which burn more than 500 Ib/hr. Hospital/medical/infectious waste
incinerator capacity is to be determined using the methods presented in §60.5 Ic of subpart EC
and in Appendix D of this document. The emission limits in the Emission Guidelines are slightly
different for each of the three HMIWI subcategories. However, the compliance schedules are the
same for all HMIWI, regardless of the subcategory. The Emission Guidelines give HMIWI up to
3 years after section 11 l(d)/129 State Plan approval by EPA to complete retrofits, or until
September 15, 2002, whichever is earlier. If the compliance schedule for an HMIWI extends
beyond 1 year after EPA approval of the State Plan, the State Plan must include enforceable
increments of progress.
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Table 2-1. Sample State Schedule for Section lll(d)/129 State Plans
Action
Date
Begin source inventory
Emission Guidelines promulgated by EPA
EPA issues summary document on section 11 l(d)/129 State
Plans
Decide what State authority to use
Start State rulemaking or other procedure needed to ensure
State authority
Start drafting State Plan
Notice of public hearings
Complete State rulemaking or other procedure needed
Complete public hearing on State Plan
State Plans due to EPA Regional Office
Respond to any clarifications requested by EPA
EPA approval/disapproval of the State Plan
If disapproved, submit revised approvable State Plan
Permit applications due
Immediately
September 15, 1997
November 1997
October 1997
November 1997
November 1997
January 1998 (30 days before
hearing)
May 1998
May 1998
September 15, 1998
During the 180 day period
following September 15, 1998
No later than 6 months after
State Plan submittal
September 15, 1999
September 15, 2000
In order to avoid a Federal Plan, the approved State Plan must be in the Federal Register prior to
September 15, 1999.
2.2
Responsibilities
The EPA, the States, and owners and operators of HMIWI each have
responsibilities for implementing the Emission Guidelines. The primary responsibilities for each
party are outlined below.
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2.2.1 EPA Responsibilities
Assisting State and Local Programs and HMIWI Owners and Operators.
The EPA assists State and local agencies to develop approvable section 11 l(d)/129 State Plans.
The EPA provides information, answers questions, and interprets Federal requirements for the
State and for HMIWI owners and operators. The EPA conducts outreach and compliance
assistance programs. The EPA identifies contact persons to answer States' questions, clarify
approval criteria, and address specific implementation issues as necessary. States' questions
should be directed to the appropriate EPA Regional Office to ensure efficient and consistent
responses. (See Appendix F for a list of Regional and State contacts.)
Review of State Plans. Section 129 of the CAA requires EPA to approve or
disapprove State Plans within 6 months of submittal. States are to develop their
section 11 l(d)/129 State Plans according to the criteria in this document and 40 CFR Part 60,
subpart B (as revised December 19, 1995 to conform with section 129). The EPA will inform
the State if the EPA has questions about the State Plan before making a decision on the approval
or disapproval of the State Plan. After a State incorporates a requirement in the State Plan, and
the Plan is reviewed and approved by EPA, the State requirement becomes Federally enforceable.
Federal Plan. The EPA anticipates that all States will develop approvable
section 11 l(d)/129 State Plans. However, in the event an approvable State Plan is not submitted,
EPA will develop and implement a Federal Plan.
The EPA encourages Tribes to develop Tribal Plans for their HMIWI and EPA
will work with those Tribes that choose to develop Tribal Plans. The EPA recognizes that due to
competing priorities for environmental staff and resource issues, most Tribes will be unable or
will choose not to develop Tribal Plans. Generally, Tribes will need to rely on a Federal Plan
that will be jointly implemented by the Tribe and the EPA Regional Office.
Title V Permit. Section 129 requires sources to have a complete title V permit
applications submitted to the permitting agency no later than 36 months after the promulgation
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date for the Emission Guidelines (i.e., September 15, 2000). The EPA reviews and comments on
State development of title V operating permits. The individual title V permits are not a required
component of State Plan submittal, nor are they required for EPA approval of the State Plan,
unless a State demonstrates that it has the ability under State law to utilize title V permits as its
legally enforceable mechanism.
2.2.2 State Responsibilities
Developing a State Plan. The State develops and submits a State Plan that meets
the criteria presented in sections 11 l(d) and 129, the Emissions Guidelines, and this document.
This document outlines how States can meet this responsibility.
Establishing Compliance Schedules. The State Plan must include emission
limits and compliance schedules for all HMIWI. When developing a workable
section 11 l(d)/129 State Plan, States should contact HMIWI owners and operators to ensure that
they understand the requirements of the Emission Guidelines. State Plans are to require facilities
to come into compliance with the State Plan by either completing a retrofit of shutting down by
the date 1 year after EPA approval of the State Plan. If the State Plan contains increments of
progress, HMIWI may be allowed to extend their retrofit schedule beyond the 1-year compliance
date. All HMIWI planning to retrofit must do so within 3 years of EPA approval of the State
Plan, but no later than September 15, 2002. All HMIWI planning to shut down must do so
within 1 year after EPA approval of the State Plan, unless granted an extension by the State under
the provisions of section 60.39e(d) of subpart Ce. Be aware that a State can only consider
petitions per section 60.39e(d) if the State Plan includes a provision that allows such sources to
request an extension to continue operating beyond 1 year after State Plan approval.
Ensuring Compliance. Plants must either comply (i.e., complete retrofits) or
shut down by the dates established in the section 11 l(d)/129 State Plans. In order to prevent
sources from restarting without proper controls, State Plans must demonstrate authority that
would require HMIWI which shut down to maintain closure. States are advised to include a
generic compliance schedule in their State Plans to cover facilities which have shut down but
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may reopen in the future. Units that shut down by the date 1 year after EPA approval of the State
Plan, and restart prior to the September 15, 2002 deadline must complete all of the missed
increments of progress in the State's generic compliance schedule before reopening. Units which
restart after the September 15, 2002 compliance deadline must comply with the State Plan before
resuming operation.
Hospital/medical/infectious waste incinerators that shut down can be divided into
two groups. The first group is HMIWI that have shut down or will shut down and are not
planning to restart. Once shut down, such sources cannot restart without a State Plan revision
and retrofit of air pollution control equipment.
The second group is HMIWI that shut down as an element of their retrofit
activities. For these HMIWI, schedules for shutdown and completion of retrofit activities would
be included in the State Plan. For retrofitting plants, the State Plan must include the five
enforceable increments of progress for retrofit activities (discussed in section 3.10.3), along with
a sixth increment, a date for shutdown. Under the Plan, the HMIWI would shut down by the
specified date and could not restart until the other increments of progress, including retrofit of
controls, is complete.
Submitting Progress Reports. States must report annually to the EPA on the
progress of implementing the Plan, including meeting increments of progress and achieving final
compliance. The States must also include in this report (as specified in section 3.12):
(1) compliance status, (2) enforcement actions, and (3) updates on inventory.
Title V Permit. State's emission limitations implement the Emission Guidelines
and are included in the State Plan. Section 129 requires the State's emission limitations to be
incorporated into title V operating permit requirements. This is a State responsibility and is not a
required component of related section 11 l(d)/129 State Plans. Section 5.0 of this document
discusses the title V permit requirements for HMIWI.
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2.2.3 Source Responsibilities
Developing Compliance Plans and Schedules. Hospital/medical/infectious
waste incinerator owners and operators must work with the State to develop a compliance Plan
and retrofit schedule for the State Plan that are both workable and meet requirements established
by the State to implement the Emission Guidelines. All HMIWI must either shut down within 1
year of EPA approval of the State Plan1 or complete retrofits to comply with the emission limits
not later than 3 years after section 11 l(d)/129 State Plan approval or by September 15,2002,
whichever is sooner. Critical information is needed about each HMIWI such as controls in place
and extent of retrofit needed in order to support State Plan development and development of an
emission inventory for all affected HMIWI as part of the public participation process (see
section 3.4).
Upgrading or Retrofitting Facilities. Owners and operators must retrofit or
upgrade their facilities to meet the emission limits on the compliance schedules established by
the State.
Meeting Additional State Plan Requirements. In addition to completing the
necessary retrofits, owners and operators are responsible for meeting other State Plan
requirements. Facilities are required to comply with operator training and qualification
requirements, inspection requirements (HMIWI meeting the small rural criteria only), and to
develop a Waste Management Plan. Facilities are to report to the State their progress towards
compliance, report ongoing testing and monitoring results, and keep required records to
demonstrate compliance. Most of these requirements must be completed at the time of full
compliance, with the exception of the operator training and qualification requirements and the
inspection requirements, which must be completed within 1 year after State Plan approval.
!In some cases sources planning to shut down may be granted an extension beyond the
1-year deadline if the State Plan contains the provisions outlined in section 60.39e(d) of
subpart Ce.
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Related Section 129 Programs. Owners and operators must apply for a title V
operating permit in accordance with their State's part 70 applications process. These permits
would include all applicable Federal and State requirements pertaining to air emissions,
including the applicable requirements of the section 11 l(d)/129 State Plan. Every source subject
to the HMIWI rule must have a title V permit, unless the source is a co-fired combustor or an
incinerator which burns only pathological, low-level radioactive, and/or chemotherapeutic waste.
Title V permit applications are due to the permitting authority no later than 36 months after
promulgation of the Emission Guidelines. Under section 503(c) of the CAA, the permitting
authority has 18 months to deny or issue the permit. Title V operating permits are discussed in
more detail in section 5.0.
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3.0 Required Elements of an Acceptable State Plan
Section 1.4 and Appendix B of this document contain summaries of the required
elements of a State Plan. States may find this summary helpful in preparing section 11 l(d)/129
State Plans, and EPA will use it in reviewing the Plans. Table 3-1 summarizes the elements of
the State Plan for HMIWI, provides citations from subparts B and Ce, and identifies the sections
of this chapter that discuss each element.
Some components of a section 11 l(d)/129 State Plan duplicate existing State
requirements and therefore will not add additional requirements. For example, most States
require public notice for rulemaking consistent with 40 CFR Part 60, subpart B. Similarly,
section 112 and title V of the CAA require various demonstrations jof legal authority. To the
extent that earlier demonstrations of legal authority by the State meet the requirements of 40 CFR
Part 60, subpart B, the State will simply need to include copies of such demonstrations in the
State Plan submittal including a copy of the State laws or regulations (if applicable).
3.1 Demonstration of Legal Authority
The section 11 l(d)/129 State Plan must demonstrate that the State has the legal
authority under current State law to adopt and implement the emission standards and compliance
schedules in the State Plan. The legal authority must support the legal mechanism selected by
the State to implement the emission limits for HMIWI. The legal authority must be available to
the State at the time the State submits its section 11 l(d)/129 State Plan to EPA [40 CFR Part 60.
subpart B, section 60.26(c)]. As noted above, States must submit with the section 11 l(d)/129
State Plan copies of the laws or regulations that demonstrate the State's legal authority if a State
law or regulation is the enforceable mechanism.
A State may use existing demonstrations of legal authority to meet the
requirements of subpart B. Which existing authorities the State uses to implement the
section 11 l(d)/129 requirements depends on the legislative structure of the State. This
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Table 3-1. Summary of Requirements for Section 11 l(d)/129 State Plans3
Required Item
Demonstration that State has legal authority to
carry out Plan
Enforceable mechanisms selected by the State to
implement the Guidelines
Inventory of HMIWI, their emissions and
information related to their emissions
Allowable emissions
Test methods and procedures used for
determining compliance with the emissions
standards
Provisions for monitoring HMIWI compliance
status, including:
1 . Legally enforceable procedures for requiring
the maintenance of records and periodic reporting
to the State for the determination of compliance,
2. Periodic inspections and testing, and
3. Testing, monitoring, recordkeeping, and
reporting requirements specified in subpart Ce.
Operator training and qualification
Inspections
Waste Management Plan
Compliance schedules and legally enforceable
increments of progress for HMIWI to achieve
compliance
Certification that a public hearing was held before
the State Plan was adopted and list of the
attendees at the hearing and their affiliation, with
a summary of their presentations and handouts
State progress reports
Reference in 40 CFR Part 60,
Subpart B or Ce
60.26(a) of subpart B
60.24(a) of subpart B
60.25(a) and 60.25(c) of
subpart B
60.24(b)(l) of subpart B and
60.33e of subpart Ce
60.24(b)(2) of subpart B and
60.37e of subpart Ce
60.25(b) of subpart B and
60.36e, 60.37e, and 60.38e of
subpart Ce
60.34e of subpart Ce
60.36e of subpart Ce
60.35e of subpart Ce
60.24(a) and 60.24(e)(l) of
subpart B and 60.39e of
subpart Ce
60.23(f)(l) and (2) of
subpart B
60.25(f) of subpart B
Section of this
Document
3.1
3.2
3.3 and 3.4
3.5
3.6
3.6
3.7
3.8
3.9
3.10
3.11
3.12
See text of section 3 and Appendix B of this document for additional discussion of the required elements
of a State Plan.
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implementation guidance provides the minimum requirements of section 11 l(d) and 129
pertaining to HMIWI, and leaves the State flexibility to implement the requirements as long as
provisions are enforceable under State law.
A State must include in its demonstration of existing legal authority a showing
that it has the authority to:
1. Adopt emission standards (including stack opacity) and enforceable
conditions (see section 3.2) as well as compliance schedules applicable to
the designated facilities and pollutants for which the section 11 l(d)/129
State Plan is submitted;
2. Enforce the relevant laws, regulations, standards and compliance
schedules referenced in section 11 l(d) and section 129 and seek injunctive
relief and prevent restart of HMIWI that have shut down;
3. Obtain information necessary to determine compliance;
4. Require reporting and recordkeeping, operator training and qualification,
equipment inspections, and testing;
5. Require the use of monitors and require emission reports of HMIWI
owners/operators;
6. Make emission data available to the public; and
7. Require a Waste Management Plan.
Demonstrations of legal authority can take several forms. States that use a legal
mechanism other than rulemaking to implement the Emission Guidelines should submit legal
documentation, preferably an opinion by the State's Attorney General, that the State possesses the
adequate authority to implement and enforce the section 11 l(d)/129 State Plan using that legal
mechanism.
A State governmental agency other than the State air pollution control agency may
be assigned responsibility for carrying out a portion of a section 11 l(d)/129 State Plan, provided
that the State demonstrates that the State governmental agency has adequate authority
[section 60.26(e)]. The State may authorize a local agency to implement a portion of the
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Section 11 l(d)/129 State Plan provided that the local agency demonstrates that it has adequate
legal authority to implement that portion of the Plan and the State is not relieved of responsibility
[section 60.26(e)}.
3.2 Criteria for an Adequate Enforceable Mechanism
Many States that have HMIWI covered by the Guidelines will develop
section 11 l(d)/129 State Plans that use State rules as the legal instrument to enforce the Emission
Guidelines. However, States may use alternative mechanisms to implement the Emission
Guidelines. An essential element of a section 11 l(d)/129 State Plan is the emission standards,
which 40 CFR Part 60, subpart B section 60.20(f) defines as "a legally enforceable regulation
setting forth an allowable rate of emissions into the atmosphere, or prescribing equipment
specifications for control of air pollution emissions." For section 11 l(d)/129 State Plans, EPA
interprets the term "regulation" in section 60.22(f) to include - in addition to a uniform State
requirement or State rule - other mechanisms that are legally enforceable under State law. For
example, depending on the applicable State law, enforceable mechanisms that might be used as
the vehicle for implementing HMIWI Emission Guidelines may include a regulatory or
administrative order, a compliance order, or a State operating permit.
A State may select other enforceable mechanisms provided that the State
demonstrates that it has the underlying authority and demonstrates that the selected mechanism is
State enforceable. In addition, a State may have the authority under its State law to incorporate
the Emission Guidelines directly into its title V permit applications as its enforceable mechanism.
Whether a State can use title V as the enforceable mechanism is a question of State law. The
title V operating permit program is not sufficient on its own to confer Federal recognition of
emission limits and other requirements contained in the Emission Guidelines as meeting the
requirements listed in Table 3-1. That is, there must be underlying State authority.
Note that the pollutants that must be regulated under the HMIWI Emission
Guidelines are a combination of criteria and hazardous air pollutants. Generally, States have
adequate authority under their air pollution statutes to regulate both criteria pollutants and
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hazardous air pollutants through a variety of mechanisms. As mentioned earlier, the State legal
authority must be in place and effective at the time of State Plan submittal.
If the State relies on a mechanism that is not a State rule to implement the
Emission Guidelines, such as a regulatory order, the State must document in the State Plan how
the selected mechanism ensures that the HMIWI will meet the requirements of the EG and attach
a copy of the enforceable mechanism. If a State rule is used, only citations from the overall rule
and copies of the sections pertaining to HMIWI are required. The State does not have to submit
a copy of the entire rule.
The State may submit a section 11 l(d)/129 State Plan that relies on the
requirements in the SIP to meet the section 11 l(d)/129 emission standard for a particular
pollutant, where they are found to be adequate. If the State relies on existing or revised SIP
emission limits to implement the section 11 l(d)/129 HMIWI emission standards, the State Plan
must cite the SIP and the date it became effective. The State must also document how the SIP
assures that the requirements of 11 l(d)/129 are met. In all cases, the mechanism(s) must be in
place at the time of Plan submittal.
A reduced demonstration of authority is allowed where all HMIWI in a State have
already shut down or will shut down within 1 year of Plan approval. Such demonstration of legal
authority does not need to point to an enforceable mechanism which orders a plant to shut down.
Instead, the State need only demonstrate what mechanisms (e.g., State operating permit program)
are available to the State to prevent plants from resuming operations until an appropriate State
Plan revision is approved.
The EPA emphasizes that the determination of whether a particular mechanism
may be used to enforce the Emission Guidelines in a particular State is a question of State law;
the State law must give the State the requisite authority to enforce the emission limit using the
legal mechanism identified by the State. Thus, a mechanism (e.g., a regulatory order) that is
approvable for one State under its State law might not be approvable in another State under the
law in that State.
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3.3 Source Inventory
A complete source inventory of affected HMIWI in the State regulated by the
Emission Guidelines must be submitted as part of the section 11 l(d)/129 State Plan [40 CFR
Part 60, subpart B, section 60.25(a)]. Sources affected by the Emission Guidelines that must be
included in the State's source inventory include: (1) HMIWI, (2) co-fired combustors, and (3)
incinerators burning only pathological, low-level radioactive, and chemotherapeutic waste alone
or in combination. Each of these three types of combustors are defined in section 60.5 Ic of
subpart EC. The HMIWI are subject to all of the subpart Ce requirements. Co-fired combustors
and incinerators burning pathological, low-level radioactive, and chemotherapeutic waste are
only required to notify the Administrator of a exemption claim and to keep certain records.
Nevertheless, these sources are affected by the Emission Guidelines and thus, must be included
in the source inventory. In addition, States are encouraged to make a reasonable effort to include
sources which have shut down their incinerator but, which still have the capability of resuming
operation.
In cases where a facility has shut down its HMIWI and does not intend to resume
operation, the HMIWI may be left off of the State's source inventory if the State determines that
the HMIWI is inoperable. Criteria for determining whether an incinerator is inoperable could
include, but are not limited to one or more of the following conditions:
1. Waste charge door welded shut;
2. Stack/by-pass stack removed;
3. Combustion air blowers removed; and/or
4. Burners or fuel supply removed.
States should use their best judgement to ensure that a facility has taken steps to render the
HMIWI inoperable before omitting the HMIWI from their source inventory.
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3.4 Emission Inventory
An emission inventory, based on the HMIWI source inventory, for the pollutants
regulated by the Emission Guidelines is required by 40 CFR Part 60, subpart B, section 60.25(a)
and is to be included in the section 11 l(d)/129 State Plan. The emissions inventory, as well as
the source inventory, must be made available to the public at the public hearing and presented
with the applicable emission standards. The inventory data should include CEMS data, actual
test data, or estimates of 1997 emissions where practicable. Means of estimating emissions from
HMIWI are readily available and are discussed in section 3.4.1 below and in Appendix G. It may
be more difficult to estimate emissions from co-fired combustors and incinerators burning only
pathological, low-level radioactive, and chemotherapeutic waste due to the mixtures of wastes
combusted. Unlike HMIWI, co-fired combustors and incinerators burning pathological, low-
level radioactive, and chemotherapeutic waste are not required to be subject to the emission
limits in the State Plan. Therefore, while States are encouraged to include these sources in their
source inventories, States may elect to leave these units out of the emissions inventory.
Likewise. States may choose to leave incinerators which have shut down out of their emissions
inventory since these sources would have zero emissions.
3.4.1 Emission Estimation Methods
Estimates of emissions for the emission inventory can be derived from a variety of
methods. To the degree that a variety of types of data are available, the usually preferred
hierarchy for estimating emissions is listed below:
1st choice. Where already available, continuous emission monitoring systems
(CEMS) data that provides a continuous record of emissions over
an extended and uninterrupted period of time.
2nd choice. Where already available, stack sampling results.
3rd choice. Emission factors:
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a. AP-42/FIRE2 emission factors rated "A" through "D"~based on
source tests performed at one or more facilities within an industry
("A" is the highest rating) or EPA emission factors generated from
data used in the development of the HMIWI Emission Guidelines
(presented in Appendix G).
b. State emission factors—possibly more optimized to local or
regional conditions.
c. Industry emission factors.
d. AP-42/FIRE emission factors rated "E" and "U" ("E" is the lowest
rating on the A through E scale, and "U" is unratable).
Emission factors that apply to HMIWI are included in Appendix G and can be
used for developing the required emission inventory. These emission factors were generated
based on data used for development of the Emission Guidelines and are appropriate for
developing the emission inventory to be submitted in the section 11 l(d)/129 State Plans due
September 15, 1998. States can also use their own emission factors or emission factors from
AP-42.3 Where emission factors are used, the AP-42 Compilation of Air Pollutant Emission
Factors, provides preferred emission estimation methods. Example calculations for estimating
emissions from emission factors are provided in AP-42. Where emissions data from actual
testing are already available and are thought to be representative, the data should be used in place
of emission factors. Additional testing is not required for the inventory in the State Plan where
data are not available.
3.4.2 Required Emission Summary Reports
A summary of emissions should be submitted with the section 11 l(d)/129 State
Plan. It should include, at a minimum, the emission rate of each of the designated pollutants for
The Factor Information Retrieval System (FIRE) is factor retrieval software that is
available from the CHIEF bulletin board or by calling Info-CHffiF hotline at (919) 541-5285.
3 AP-42 is the common name for the EPA document entitled Compilation of Air Pollutant
Emission Factors, Volume I: Stationary Point and Area Sources, Fifth Edition, January 1995,
available from GPO or from the CHIEF bulletin board.
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each HMIWI. These values should be provided with the corresponding emission standards to
show the relationship between measured or estimated emissions and the amounts of such
emissions allowed by the standard.
3.4.3 Annual Emission Reporting
In addition to the initial emission inventory required for the section 11 l(d)/129
State Plan, 40 CFR Part 60, subpart B section 60.25(e) also requires States to submit progress
reports as part of the annual report to EPA submitted under 40 CFR Part 51, sections 51.321
through 51.323. These annual reports must update the emissions inventory for sources that
achieve compliance, sources that are new or modified, sources that have shut down, and sources
whose emissions have changed more than 5 percent from the most recently submitted emission
data. If none of the above events occur, then the State only needs to change the year (i.e., the
State can still use the data from the previous year).
3.4.4 Reporting to AFS
Emission data must be reported to the Aerometric Emissions Information
Retrieval System Facility Subsystem (AFS) as specified in Appendix D to 40 CFR Pan 60. The
AFS is a repository of emission information for stationary sources that has now superseded the
National Emissions Data System (NEDS) described in 40 CFR Part 60 Appendix D.
3.5 Compiiance with Emission Limitations
Hospital/medical/infectious waste incinerators must either retrofit controls to
comply with the emission limitations in the State Plan or shut down their incinerator. The State
Plan must include emission limitations that are at least as protective as the Emission Guidelines
and also must address non-operating HMIWI (unless the HMIWI is inoperable) and HMIWI that
will shut down rather than retrofit air pollution control equipment.
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Under section 129(b)(2), the section 11 l(d)/129 State Plans must include emission
limits that are "at least as protective as" those in the HMIWI Emission Guidelines (40 CFR
Part 60, subpart Ce). The emission limits for the nine HMIWI pollutants are found in subpart Ce
(Appendix M) and the Fact Sheet (Appendix C).
The section 11 l(d)/129 State Plan must include limitations for all of the pollutants
in subpart Ce. Section 60.33e of subpart Ce specifies emission limits for PM, CO, Cd, Pb, Hg,
SO2, HC1, dioxins/furans, and NOX. All of these limits are in units of concentration. For
example, the PM and metals limits are in units of milligrams per dry standard cubic meter
exhaust. The metals limits are also expressed in terms of percent reduction across the air
pollution control device (if applicable). The dioxin/furan limit is also a concentration limit
(nanograms per dry standard cubic meter for total and toxic equivalent quantity [TEQ]). The
HC1 limits expressed as either a concentration (parts per million by volume) or a percent
reduction across the pollution control device (if applicable). The SO2, NOX, and CO limits are
concentration limits in parts per million by volume.
To be approvable, the section 11 l(d)/129 State Plan must include emission limits
in dimensions identical to the Guidelines, or alternative formats demonstrated to be at least as
protective as the concentration limits or percent reductions specified for each pollutant in
subpart Ce. Other State programs and permits may include limitations in the form of emission
rates (e.g., pounds per hour) or ambient air concentrations; these types of limitations are not
required to be included in the section 11 l(d)/129 State Plan. If a State Plan uses any format for
emission limitations other than those in subpart Ce, the State must demonstrate that these
emission limitations are at least as protective as those in subpart Ce.
In addition to emission limits for the nine pollutants regulated by the Emission
Guidelines, section 11 l(d)/129 State Plans must also include, among other things, requirements
for stack opacity [section 60.33e], operator training and qualification requirements
[section 60.34e], requirements for equipment inspections (small rural HMIWI only)
[section 60.36e], and requirements for development of a Waste Management Plan
[section 60.35e].
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3.6 Testing. Monitoring. Recordkeeping. Reporting and Other Source
Requirements
The section 11 l(d)/129 State Plan must include requirements for the testing and
monitoring, reporting and recordkeeping, operator training and qualification, Waste Management
Plans, and the inspection provisions from the Emission Guidelines.
These provisions are specified in the HMIWI Emission Guidelines (subpart Ce).
These include, in particular:
1. The performance testing methods listed in section 60.56c of subpart EC
[40 CFR Part 60, subpart Ce, section 60.37e],
2. The monitoring requirements listed in section 60.57c of subpart EC [40
CFR part 60, subpart Ce, section 60.37e],
3. The reporting and recordkeeping provisions listed in section 60.58c of
subpart EC [40 CFR Part 60, subpart Ce, section 60.38e],
4. The operator training and qualification requirements listed in
section 60.53c of subpart EC [40 CFR Part 60, subpart Ce, section 60.34e].
5. The waste management guidelines listed in section 60.55c of subpart EC
[40 CFR Part 60, subpart Ce, section 60.35e], and
6. The inspection guidelines listed in section 60.36e of subpart Ce (small
rural HMIWI only).
The Emission Guidelines require periodic performance tests and monitoring of specific operating
parameters. Each facility must maintain records of the performance test and specified operating
parameters for 5 years. The facility must submit annual reports if it is in compliance and
semiannual reports if it exceeds emission standards or operating parameter limits. Details of
these requirements are contained in subpart Ce (Appendix M).
A State Plan that incorporates the testing, monitoring, reporting, and
recordkeeping requirements specified in subpart Ce will be consistent with the State Plan
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requirements in subpart B. Under section 60.25b of subpart B, State Plan requirements for
monitoring compliance must include the following:
1. Legally enforceable requirements that require owners and operators to
keep records of the nature and amount of emissions and any other
information that may be necessary to enable the State to judge compliance.
This information must be reported periodically to the State. (Subpart Ce
requires such records and reports.)
2. Legally enforceable requirements that provide for periodic inspection and
testing. (Subpart Ce requires periodic testing and monitoring of operating
parameters.)
3. Provisions for making reports of emissions, correlated with the emission
standards that apply available to the general public.
3.7 Operator Training and Qualification Requirements
As specified in section 60.34e of the subpart Ce Emission Guidelines, State Plans
are to require that each facility have at least one trained and qualified operator on duty or on-call.
The trained and qualified HMIWI operator must pass an HMIWI operator training course which
is either State-approved or meets the requirements specified in the Guidelines. Also, State Plans
are to require each facility to develop site-specific information regarding HMIWI operation.
State Plans are to require each employee involved with the operation of the HMIWI to review the
operating information developed for the HMIWI each year. State Plans are to require operator
training and qualification requirements within 1 year following EPA approval of the State Plan.
3.8 Inspection Requirements
State Plans must require facilities operating small existing HMIWI meeting the
"rural" criteria to conduct annual equipment inspections. Section 60.36e of subpart Ce lists the
components of the HMIWI which State Plans must require facilities operating small rural
HMIWI to inspect. State Plans are to require an initial equipment inspection for small rural
HMIWI within 1 year following EPA approval of the State Plan. From then on, State Plans are
to require facilities operating small rural HMIWI to conduct annual equipment inspections.
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According to section 60.36e(a)(2) of subpart Ce, State Plans are to require such facilities to
complete any necessary equipment repairs within 10 HMIWI operating days following an
equipment inspection. State Plans may allow repairs to be completed after 10 operating days,
provided that the State supplies the facility with written permission and a date by which all
repairs are to be completed.
3.9 Waste Management Plan Requirements
Section 60.35e of subpart Ce requires State Plans to ensure that facilities develop
a Waste Management Plan that identifies the feasibility and approach to separate certain
components of the solid waste stream from the health care waste stream. The Waste
Management Plan requirements in State Plans are to be at least as protective as the requirements
for Waste Management Plans under section 60.55c of subpart EC. State Plans are to require
facilities to submit their Waste Management Plan within 60 days following their initial
performance test.
When developing their Waste Management Plans, facilities are to consult "An
Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities," a 1993 publication
by the American Society for Health Care Environmental Services of the American Hospital
Association, Chicago, Illinois. This document is available for purchase from the American
Hospital Association (AHA) Service, Inc., Post Office Box 92683, Chicago, Illinois 60675-2683.
You may inspect a copy at EPA's Air and Radiation Docket and Information Center
(Docket A-91-61, Item IV-J-124), Room M-1500, 401 M Street SW, Washington, DC or at the
Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.
3.10 Compliance Schedules
To comply with the emission limits contained in the section 11 l(d)/129 State
Plan, existing HMIWI may need to retrofit emission controls. The State Plan must contain
schedules for retrofitting these HMIWI. The elements included in a compliance schedule are
listed in Table 3-2.
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The retrofit schedules for HMIWI are developed by the State air pollution control
agency considering input from the public and input from the HMIWI owners and operators. The
Emission Guidelines place certain restrictions on retrofit schedules. Retrofit schedules can
extend up to 3 years after section 11 l(d)/129 State Plan approval, but no retrofit schedule can
extend beyond September 15, 2002.
The section 11 l(d)/129 State Plan must also specify legally enforceable
increments of progress toward compliance for HMIWI that have compliance or retrofit schedules
that extend past 1 year beyond approval of the section 11 l(d)/129 State Plan. In some cases,
HMIWI may shut down as of September 15, 2002 or 3 years after State approval, whichever is
earlier, complete a retrofit, and then reopen when retrofits are completed.
3.10.1 Retrofit Required
The subpart Ce Guidelines are "performance standards," that is, the standards do
not prescribe one control system over another but rather, the HMIWI owners and operators can
choose the actual equipment selected for retrofit at a plant that they believe will achieve the
emission limits. However, for illustrative purposes, the text below discusses control technology
retrofits assuming one technology.
Control systems for the regulated HMIWI pollutants can be considered as two
sub-groups: (1) combustion system upgrades ~ referred to as "good combustion;" and (2) acid
gas/PM scrubbing systems . "Good combustion" controls PM, CO, and organic emissions
(e.g., dioxin/furan). The acid gas/PM scrubbing system is the more expensive control system.
The acid gas/PM scrubbing system controls multiple pollutants including dioxin/furan, Pb, Cd,
Hg, PM, and HC1. The Emission Guidelines are based on add-on control systems of varying
PM-control efficiencies for all HMIWI except units that fall within the small rural criteria
(discussed in section 2.1 and Appendix D). Units at facilities meeting the small rural criteria
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Table 3-2. Schedule for HMIWI Compliance with the
HMIWI Emission Guidelines
Activity
State Plan submittal
State Plan approval
If not in compliance by this date, need
enforceable increments of progress for
HMIWI
Submit a final control plan
Award contracts for control system
Initiate construction or installation of
control system
Complete construction or installation of
control system
Submit title V permit application
Final compliance date for HMIWI
Reports of periodic performance test data
Date
September 15, 1998
March 15, 1999
March 15, 2000
A set date in State Plan
A set date in State Plan
A set date in State Plan
A set date in State Plan
No later than September 15, 2000
No later than 3 years from approval of State
Plan3 or September 15, 2002, whichever is
earlier, or shut down by that date
Annually after compliance date, if in
compliance. Semiannually after compliance
date, if the emission limits or operating
parameters are exceeded
a Section 129 does not preclude a State from requiring earlier compliance dates.
may elect to comply with emission limits based on the use of good combustion alone (i.e.,
without an acid gas/PM scrubbing system).
3.10.2
Retrofit Schedules for HMIWI
Under subpart Ce, HMIWI completing retrofits must be in compliance with the
Emission Guidelines within 3 years after approval of the State Plan or by September 15, 2002,
whichever is earlier. Note, however, that enforceable increments of progress are required for
units with compliance schedules extending more than 1 year after State Plan approval. State
Plans may allow units to shut down by the specified date and restart after completing the retrofit.
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3.10.3 Increments of Progress
Compliance schedules for HMIWI with compliance dates that extend more than
1 year after State Plan approval must include legally enforceable increments of progress towards
compliance as required by section 60.24(e) of subpart B. Each increment of progress from
section 60.2 l(h) of subpart B must have an enforceable compliance date in the
section 11 l(d)/129 State Plan. The State Plan may include such additional increments of
progress as may be necessary for close and effective supervision of progress toward final
compliance. Section 60.39e(c) of subpart Ce suggests nine other increments of progress which
are discussed below.
The minimum five increments of progress required by section 60.2 l(h) of
subpart B for each HMIWI within a State are as follows:
1. Submitting a final control plan. This may be a brief document or letter
describing the controls that the source will use to comply with the
emission limitations and other requirements. In most cases, the source,
public, and State will have discussed this information as part of the State
process for development of the compliance schedule for the draft State
Plan before the State Plan is submitted to EPA;
2. Awarding contracts for control systems or process modifications or orders
for purchase of components;
3. Initiating on-site construction or installation of the air pollution control
device(s) or process changes;
4. Completing on-site construction or installation of control equipment or
process changes; and
5. Final compliance.
All five increments of progress for HMIWI can be fixed calendar dates or set as
floating dates. For increments one to four, the floating dates can be tied to either the date of the
approval of the State Plan or the date of a local permit issuance. For example, the date for
submitting a final control plan could be set as 3 months following approval of the State Plan. If
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an increment of progress is tied to the date of a permit issuance, the State Plan must identify the
specific permit.
The fifth increment of progress, the date for final compliance, can be set as a
calendar date or a floating date. As a floating date, it can be tied only to the date of the approval
» of the State Plan, not to the date of permit issuance, and must include the limitation that the date
?r in no case can be later than 3 years from State Plan approval or September 15, 2002, whichever is
earlier (unless the HMIWI will shut down).
Additional suggested increments of progress are listed in sections 60.39e(c)(l)
through (9) of subpart Ce. Some of these suggested increments of progress are already required
by subpart B. The remaining suggested increments of progress may be included in the
section 11 l(d)/129 State Plan as enforceable increments of progress with compliance dates, as
non-enforceable increments of progress with reporting requirements only, or they may be left out
of the section 11 l(d)/129 State Plan entirely.
The additional suggested increments of progress from subpart Ce are:
1. Date for submitting a petition for site specific operating parameters;
2. Date for obtaining services of an architectural and engineering firm
regarding the air pollution control device(s);
3. Date for obtaining design drawings of the air pollution control device(s);
4. Date for ordering the air pollution control device(s);
5. Date for obtaining the major components of the air pollution control
device(s);
6. Date for initiation of site preparation for installation of the air pollution
control device(s);
7. Date for initiation of installation of the air pollution control device(s);
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8. Date for initial startup of the air pollution control device(s); and
9. Date for initial compliance test(s) of the air pollution control device(s).
The section 11 l(d)/129 State Plan may include one set of increments with
compliance dates applicable to all HMIWI within the State or it may tailor compliance dates to
individual HMIWI to address specific issues. In all cases, the enforceable increments of progress
must be arranged chronologically, and the compliance dates must be set to ensure full
compliance with the applicable requirements as expeditiously as practicable [section 60.24(c) of
subpart B] but not later than 3 years after State Plan approval, or September 15, 2002, whichever
is earlier. For example, a State Plan that requires an HMIWI to "submit a final control plan and
to award contracts no later than the third year of the compliance schedule" will likely be
disapproved because the increments are too close to the end of the compliance window, do not
appear to ensure expeditious progress, and thus jeopardize timely compliance, unless the HMIWI
plan to shut down. Although there may be HMIWI-specific reasons for other schedules, EPA
would expect contracts to be awarded within the first year for HMIWI taking longer than 1 year
to comply. Depending on the extent of the retrofit, EPA would expect on-site construction to be
completed in the second or third year of the compliance schedule.
3.10.4 HMIWI Shutdowns
Hospital/medical/infectious waste incinerators that are planning shut down rather
than meet the Emission Guidelines must be identified in the State Plan. State Plans must specify
that HMIWI planning to shut down must do so by a specific calendar date which is not later than
1 year after State Plan approval. As discussed in section 3.3, HMIWI which shut down must be
included in the State's source inventory unless the HMIWI is rendered inoperable. In some
special cases facilities may be allowed more than 1 year after State Plan approval to shut down
provided that the State Plan contains provisions for allowing facilities to petition the State for an
extension. Section 60.39e(d) of subpart Ce outlines the specific provisions State Plans must
include in order to allow facilities more than 1 year to shut down.
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The purpose of Section 60.39e(d) is to allow States to provide temporary relief to
those unique facilities which are planning to shut down and have no waste disposal options other
than onsite incineration. One example of a facility planning to shut down which has special
needs for an extension beyond the 1-year compliance deadline would be a facility planning to
install an onsite alternative waste treatment technology (e.g., an autoclave) which will not be
available for installation until after the 1-year deadline. Such a facility must be able to
demonstrate that there are no waste disposal options (e.g., commercial disposal) other than onsite
incineration in the interim while the autoclave is being installed. A second example of a facility
planning to shut down that may need an extension beyond the 1 -year deadline would be a facility
planning to contract with a commercial hauler that, for some unusual reason, is unable to secure a
contract by the 1-year deadline.
Under such special circumstances States may allow facilities to petition the State
after approval of a State Plan for additional time to come into compliance by shutting down their
HMIWI. In order to allow facilities an extension, the State Plan must contain provisions for
granting or denying petitions for an extension beyond the 1-year deadline. Section 60.39e(d) of
subpart Ce requires that States have sources to submit the following information in time to allow
the State adequate opportunity to grant or deny the extension before the 1-year compliance
deadline:
1. Documentation of the analysis undertaken to support the need for an
extension, including an explanation of why up to 3 years after EPA
approval of the Sate Plan is sufficient while 1 year after EPA approval the
State Plan is not sufficient;
2. An evaluation of the option to transport the waste offsite to a commercial
medical waste treatment and disposal facility on a temporary or permanent
basis; and
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3. A plan that documents measurable and'enforceable incremental steps of
progress4 to be taken towards compliance with the emission guidelines.
When a petition for an extension is granted, States may allow sources planning to
shut down up to 3 years after EPA approval of the State Plan to come into compliance with the
Emission Guidelines by shutting down. However, States are to use their best judgement to
determine if the source can shut down before the date 3 years after EPA approval of the State
Plan. In cases where a source requesting an extension is able to shut down before the 3-year
deadline, the State should require the source to shut down as soon after the 1-year compliance
deadline as possible.
Commercial medical waste disposal services, which collect medical waste from a
facility and transport it to a central disposal site (usually a commercial HMIWI), are operated in
many areas of the country. There are some locations where commercial disposal services are not
readily available at a reasonable cost because the hauler would have to travel long distances.
However, in many cases, the services of a commercial medical waste disposal company are
available can be acquired in a short period of time. Sources installing an onsite alternative waste
treatment technology, in most cases, could contract with a commercial disposal company in the
interim period between the 1-year compliance deadline and the time when the onsite alternative
is installed. Therefore, section 60.39e(d) requires State Plans including provisions for an
extension to have the source requesting an extension document reasons why the services of a
commercial disposal company can not be reasonably obtained.
Sources planning to shut down which request an extension are also to provide the
State with a plan that documents the incremental steps of progress that the facility intends to take
to demonstrate that it is in the process of shutting down. The source plan should contain
completion dates for each of the increments of progress contained in the plan. The following are
The incremental steps of progress for units planning to shut down are not the same as the
incremental steps of progress for facilities planning to retrofit their HMIWI and continue
operation. The increments of progress for facilities planning to shut down are intended to
demonstrate that the facility is in the process of shutting down. Specific increments are
discussed later in this section.
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some suggested increments of progress that sources requesting extensions to install onsite
alternative treatment technologies may use to demonstrate to the State that they are in the process
of shutting down their HMIWI:
1. Going under contract with an alternative treatment technology vendor;
2. Initiating onsite construction or installation of the alternative treatment
technology;
3. Completing onsite construction or installation of the alternative treatment
technology;
4. Shutting down the existing HMIWI; and
5. Rendering the existing HMIWI inoperable5.
The following are some suggested increments of progress that sources requesting extensions to
contract with a commercial disposal company on a permanent basis may use to demonstrate to
the State that they are in the process of shutting down their HMIWI:
1. Obtaining price quotes from commercial disposal services;
2. Going under contract with a commercial waste treatment and disposal
facility;
3. Shutting down the existing HMIWI; and
4. Rendering the existing HMIWI inoperable.
3.11 Public Hearings
Public participation, under the provisions of the CAA, is an important right and
responsibility of citizens in the State process of developing, adopting, and implementing
section 11 l(d)/129 State Plans. As with SIPs for criteria pollutants, EPA regulations in 40 CFR
5Rendering the HMIWI inoperable is not necessary for a source to be shut down;
however, any HMIWI capable of operation must be included on the States source inventory (see
section 3.3).
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Part 60, subpart B, make it clear that citizen input on section 11 l(d)/129 State Plans is
encouraged in order to help define appropriate emission standards and retrofit schedules. Under
subpart B, some minimum public participation requirements are as follows:
1. Reasonable notice of opportunity for one or more public hearing(s) at least
30 days before the hearing.
2. One or more public hearing(s) on the section 11 l(d)/129 State Plan (or
revision) conducted at location(s) within the State, if requested.
3. Date, time, and place of hearing(s) prominently advertised in each region
affected.
4. Availability of draft section 11 l(d)/129 State Plan for public inspection in
at least one location in each region to which it will apply.
5. Notice of hearing provided to:
a. EPA Regional Administrator
b. Local affected agencies
c. Other States affected
6. Certification that the public hearing was conducted in accordance with
subpart B and State procedures.
7. Hearing records must be retained for a minimum of 2 years. These records
must include the list of commentors, their affiliation, summary of each
presentation and/or comments submitted, and the State's responses to those
comments.
3.12 State Progress Reports to EPA
States must commit in the section 11 l(d)/129 State Plan to submit annual reports
on progress in the implementation of the Emission Guidelines to the EPA. These reports can be
incorporated into the reports required by 40 CFR section 51.321. Inclusion in this SIP report is
intended to avoid duplicative reports. Each progress report should include compliance status,
enforcement actions, increments of progress, identification of sources that have shut down or
started operation, emission inventory information for sources that have started operation, updated
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emission inventory and compliance information, and copies of technical reports on all
performance testing and monitoring, including concurrent process data.
States may want to include additional information on periodic inspection and
testing activities, emission and parameter exceedances, QA/QC, outreach activities, title V or
other permit condition compliance status, and compliance assistance activities.
Some States and EPA Regional Offices have developed more specific or tailored
reporting and recordkeeping procedures via Memoranda of Agreements, Program Specific
Guidance for section 105 Grants, and the Timely and Appropriateness Guidance. For example,
some EPA offices prefer that the States retain the performance test reports until EPA requests
review as part of a compliance determination or other action. The State and EPA will continue to
have discretion on the format of the annual reports.
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4.0 Requirements for Co-fired Combustors and Incinerators Burning Only
Pathological, Low-level Radioactive, and Chemotherapeutic Waste
Co-fired combustors are defined as units combusting 10 percent by weight or less
hospital waste and/or medical/infectious waste with other fuels or wastes (e.g., coal, municipal
, solid waste). The Emission Guidelines exempt co-fired combustors and incinerators burning
t,. only pathological, low-level radioactive, and Chemotherapeutic waste from most of the
I requirements under the Emission Guidelines. However, State Plans are to require these units to
/ notify the Administrator of an exemption claim and to keep certain records per
section 60.32e(b)(l-2) (pathological, low-level radioactive, and Chemotherapeutic) and
60.32(i)(l-3) (co-fired) of the HMIWI rule.
Assuming an approved State Plan is in effect, exemption claims are to be sent to
the head of the State air pollution control agency responsible for implementing the Emission
Guidelines through the State Plan, with a carbon copy (cc) of the exemption claim to the
appropriate EPA Regional Office. A list of State and Regional contacts is provided in Appendix
F. Exemption claims must be received by the State agency and EPA Regional Office within 1
year following State Plan approval, providing adequate time for the State to determine if an
exemption is in order. Appendix Nl contains an example exemption claim form for co-fired
combustors. Appendix N2 contains an example exemption claim form for incinerators burning
only pathological, low-level radioactive, and/or Chemotherapeutic waste.
Facilities operating co-fired combustors must provide the State with an estimate
of (1) the amount of hospital and medical/infectious waste combusted, and (2) the amount of
other fuels and wastes being combusted. This information may be submitted to the State as part
of the exemption claim. A place for information on the amounts of wastes and fuels burned has
been included on the sample exemption claim form provided in Appendix Nl.
In addition to submitting an exemption claim, facilities operating co-fired
combustors must keep records on a calendar quarter basis on the weight of hospital waste and
medical/infectious waste combusted and the weight of all other fuels and/or wastes combusted.
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The Emission Guidelines do not require States that have facilities operating co-fired combustors
to maintain records of each individual type of waste burned. Rather, the Emission Guidelines
should be interpreted to mean that facilities must keep records of two categories of wastes: (1)
the combined weight of hospital waste and medical/infectious waste, and (2) the combined
weight of all other wastes and fuels burned at the co-fired incinerator.
Incinerators are not subject to subpart Ce during periods when only pathological,
low-level radioactive, and/or chemotherapeutic waste are being incinerated, provided the facility
submits an exemption claim and keeps certain records. Incinerators burning only pathological,
low-level radioactive and/or chemotherapeutic waste must only keep records on a calendar
quarter basis of periods of time when only pathological, low-level radioactive, and/or
chemotherapeutic waste is burned.
As discussed in section 3.3, States must include co-fired combustors and
incinerators burning only pathological, low-level radioactive and/or chemotherapeutic waste in
their source inventory. However, these incinerators do not need to be included on the State's
emissions inventory.
As of November 26, 1997, it is the EPA Office of Air Quality Planning and
Standards interpretation of Part 70 that co-fired combustors and incinerators burning only
pathological, low-level radioactive and/or chemotherapeutic waste are not required to obtain a
title V permit as a result of the HMIWI Emission Guidelines because these units are exempt from
the emission limits. Written confirmation from the Agency is pending at this time, and is
expected in the next few weeks. States will be notified as soon as possible if there is a change in
this interpretation. Otherwise, States should assume that these units are not subject to title V
requirements under the HMIWI Emission Guidelines.'
!Note that some co-fired combustors may already be subject to title V requirements under
other standards, and exemption from title V under the HMIWI Emission Guidelines does not
nullify the title V requirements under any other standard.
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5.0 Title V Requirements for HMIWI
Title V of the Clean Air Act provides for a nationwide operating permit program
which applies to all major sources and to certain other sources. The title V permit brings
together in one document all of the Clean Air Act requirements that apply to a source. Title V
permit applications clarify which requirements apply to each source, describe how compliance
with those requirements is to be maintained and demonstrated, and provide an administrative
mechanism for reconciling conflicting or duplicated requirements. All of the regulations
applicable to each HMIWI will ultimately be incorporated into the title V permit for the affected
source.
State air quality agencies implement the operating permit program pursuant to
criteria in 40 CFR Part 70. The EPA will implement the title V program in Indian country until
Tribes gain approval of their permitting program.
Whether a State can use title V as its enforceable mechanism is a question of State
law. However, few States, if any, are expected to have the authority under their State law to
incorporate the Emission Guidelines directly into their title V permits because, unlike Federal
standards such as the NSPS, the Emission Guidelines are only guidelines and are not Federal
regulations.
HMIWI That Are Located With Major Sources. If the incinerator is located at
a major source, then the permit application for that source should have already been submitted to
the permitting authority. Moreover, the permit application should identify the incinerator as an
emissions unit. If a permit has been issued and if there are 3 or more years remaining on the
permit term, then the permit needs to be revised to incorporate the applicable requirements for
the HMIWI rule. If there are less than 3 years remaining on the permit term, then the permit does
not need to be revised to include the rule's applicable requirements until permit renewal—bearing
in mind that the sources are subject to the applicable requirements, even though the requirements
are not yet contained in the permit. Owners and operators are reminded that they need to wait
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until the State/Federal Plan has been approved before they can determine how much time remains
on their permit term.
HMIWI That Are Not Located With Major Sources. For those incinerators
that are not located with major sources, but are subject to the applicable requirements of the
HMIWI rule, a complete title V permit application is due to the permitting authority no later than
. 36 months after promulgation of the HMIWI rule. Owners and operators of incinerators should
be aware that if they have complete applications prepared before the 36 month deadline and if
the permitting authorities are ready to accept applications, then there is no need to delay
submitting the applications. The EPA encourages owners and operators to proceed with their
permitting processes as soon as possible.
Co-fired Combustors and Incinerators Burning Only Pathological, Low-
Level Radioactive, and Chemotherapeutic Waste. Because these sources are exempt from the
f\
emission limits, they are not required to obtain a title V permit. This means that owners and
operators of these sources will not be required by the title V operating permit program to collect
data upon which compliance certifications are to be made or to submit compliance certifications.
Thus, in order to ensure that such sources comply with the recordkeeping and notification
requirements of section 60.32e(b)(l)-(2) (pathological, low-level radioactive, chemotherapeutic)
and 60.32(c)(l-3) (co-fired), EPA suggests that States include sufficient authority in their State
Plans and include these sources on their source invnetory to ensure the requirements are
enforceable by the State. States should also apprise owners and operators of such sources to
include in their exemption claim that the incinerators are not subject to title V. Such a statement
could look like this:
"This incinerator is not subject to title V because it meets the definition of an
incinerator which combusts only pathological, low-level radioactive, and/or
chemotherapeutic, or the definition of a co-fired combustor."
2As of this writing, the Agency has not produced written confirmation of this
interpretation of Part 70. If there is a change to this interpretation, Regions will notify States.
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Contents of a Complete Permit Application. Section 70.5(c) of the operating
permits rule (found at 40 CFR 70) specifies the information required to be contained in a permit
application. However, according to White Paper for Streamlined Development of Part 70 Permit
Applications, issued July 10, 1995, not all of this information is necessary to determine whether a
permit application complete enough to begin processing. Section ELD of the White Paper
identifies four elements of an administratively complete permit application. These elements
include a definition of applicable requirements and a description of source status (major or
minor); a compliance certification for the applicable requirements; enough clarity concerning the
individual emission units so that the permitting authority can determine the permit issuance
schedule; and a certification of truth, accuracy, and completeness.
For purposes of the HMIWI rule, a permitting authority could accept the following
statements as a complete permit application:
"County Hospital owns and operates a small HMIWI subject to the approved
State/Federal Plan submitted to meet subpart Ce. County Hospital will meet the
requirements of subpart Ce on a timely basis. I certify that this information is
true, accurate, and complete.
Jim Johnson, Responsible Official."
Note that specific requirements concerning emission limits, testing, monitoring, reporting, and
recordkeeping would be added after the determination of administrative completeness but before
a draft permit would be given to the public.
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The following is the anticipated schedule for compliance with the title V permit
requirements.
Assumed State Plan Submitted - Date-
Emission Guidelines promulgated 09/97
State Plan submitted to EPA w/in 1 year 09/98
EPA approval of Plan w/in 6 months 03/99
Complete title V permit application due to permitting authority by 09/00
State issues title V permit by 09/013
HMIWI in compliance with the EG
w/in 3 years of Plan approval 03/02
but no later than 5 years after promulgation by 09/02
Assuming Federal Plan Required - Date-
Federal Plan, if no State Plan submitted by 09/99
Complete title V permit application due to permitting authority by 09/00
EPA issues title V permit by 03/02
HMIWI in compliance with requirements of section 129 no
later than 5 years after promulgation by 09/02
3Each State's Part 70 approved program will indicate how much time the permitting
authority has to issue the permit.
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Appendix A
Answers to Questions About the Emission Guidelines and State Plan Process
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APPENDIX A-ANSWERS TO SOME FREQUENTLY ASKED QUESTIONS ON THE
EMISSION GUIDELINES
This appendix includes frequently asked questions received by EPA on the HMTWI
Emission Guidelines promulgated on September 15, 1997 and answers to the questions. Many of
these questions were submitted to EPA during workshops offered on September 17, 1997 and
September 18,1997, broadcast by satellite. The questions are divided into several topics as
follows:
Topic Question Numbers
State Plan Requirements 1-21
Compliance Schedule and Increments of Progress 22-35
Standard Metropolitan Statistical Area (SMSA) 36-39
Legal Authority 40-43
Source/Emissions Inventory 44-51
Applicabiliy 52-81
Operator Training and Qualification 82-88
Compliance, Performance Testing, Monitoring, and 89-101
Inspections
Waste Management Plans 102-104
Permits 105-109
Indian Country 110-112
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STATE PLAN REQUIREMENTS
1. Must the State Plan be revised if-
A. ... an existing source that has ceased operations wants to re-open before the
compliance date?1
Answer: No, the State Plan does not need to be revised, provided the State Plan includes
--and State procedure allows2 —a generic compliance schedule to apply to "all other applicable
sources" not listed individually in the State Plan. The source must remain shut down until it
demonstrates that it has caught up to the generic schedule, as well as met all applicable increments
of progress.
In addition, before re-opening, the source must have a complete title V operating permit
application in place by September 15, 2000. The source may also need to undergo review under
the State's New Source Review procedures.
One might ask then, if the State Plan is not re-opened, when does the public have the
opportunity to comment? Since both of these procedures require public review, the title V and/or
NSR procedures will provide notice to the public and industry.
B. .. .the State discovers an existing source after 2002?
Answer: No, there is no need to revise the State Plan to accommodate an existing source
discovered after the final compliance deadline, assuming it has the generic applicability language
discussed in question #1. The source must cease operations immediately and must remain closed
until it can demonstrate compliance with the State Plan and that it has a title V permit. Since a
longer compliance schedule with increments of progress is no longer an option for sources
discovered after the statutory backstop final compliance deadline in the year 2002, there is no
reason to revise the State Plan.
2. What if a State which believes they do not have any sources—and thus sends in a
letter of negative declaration—subsequently discovers an existing source? Must the
State submit a State Plan?
Answer: Yes, the State must submit a State Plan because section 129(b)(2) of the
amended Clean Air Act says, "each State in which units are operating shall submit a State Plan."
If the source were discovered before the statutory compliance deadline (-2002), then the source
1 Under sec. 129(b)(2), all sources must be in compliance by 3 years after State Plan approval
or 5 years after promulgation of the EG, whichever is earlier.
2 The exception to this response is a State which relies on an underlying authority other than a
State rule. In this case, the State Plan will need to be revised if the underlying authority
(e.g., administrative order, State operating permit) does not allow a generic compliance schedule.
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is subject to the default compliance schedule discussed above, which is 1 year from State Plan
approval. Be aware that the source must still be in compliance no later than 5 years from
promulgation of the EG -- regardless of when the State Plan is finally approved.
As discussed in question #1, an existing source discovered after the compliance deadline
must cease operations immediately. It cannot reopen until it has demonstrated compliance with
the approved State Plan and has a title V operating permit in place per sec. 129(e).
3. What happens if a State misses a source and it is not in the State Plan inventory? Is
the source still subject to the standard?
Answer: All sources, whether they're on the state's list or not, are subject to the standard.
Section 60.24(e) of 40 CFR Part 60, Subpart B says, "Emission standards shall apply to all
designated facilities within the State." "Designated facilities" are all those facilities which meet
the definition in the emission guidelines ("EG") or the State's definition (if as stringent as the EG),
whether they're on the State's inventory or not.
The State could choose to revise the State Plan in order to establish a separate, but equally
protective compliance schedule for the newly discovered source. But in order to avoid the need
to revise the State Plan to add the newly discovered source(s), States should be advised to include
language which says that sources that are subject to the standard "include, but are not limited to,"
the inventory in the State Plan. States should also include language such as, "Should another
source be discovered subsequent to this notice, there will be no need to reopen the State Plan.
Sources discovered after approval of the State Plan will be subject to these requirements.
Therefore, the State Plan will not need to be reopened."
The State Plan should also contain a generic compliance schedule that "all other applicable
sources" not listed individually in the State Plan must comply with. The newly discovered source
would be bound to that generic compliance schedule. If the source were discovered well into the
compliance schedule and had already missed several increments of progress, it would have to shut
down and remain shut down until it had demonstrated to the State that it had "caught up" to the
compliance schedule.
Other language that must be in the State Plan:
• List in the enforcement section of the State Plan the consequences for sources not
in compliance and the authority under which a State can shut down/close a source.
• Reference to sec. 129(f)(3) ("PROHIBITION") which prohibits a plant from
operating if it does not comply with the standard.
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4. What are the timelines for submission and approval of State Plans following
promulgation of Emission Guidelines for HMIWI?
Answer: States must submit Plans within 1 year of EPA promulgation of the Emission
Guidelines. Since HMIWI Emission Guidelines were promulgated on September 15, 1997
• (62 FR 48347), State Plans are due by September 15, 1998. The EPA must approve or
* disapprove the Plan within 6 months of submittaL If a Plan is disapproved, specific reasons will
be given. The State is encouraged to address the concerns and resubmit the Plan. If a State does
* not have an approvable Plan in place by September 15, 1999, a Federal Plan will go into effect on
* that date.
5. Under Section 129(b)(2) of the Clean Air Act, will EPA's approval or disapproval of
a State Plan be a letter, Federal Register notice, or both?
Answer: The EPA's approval or disapproval will be published in the Federal Register. If
the Plan is not approved, the notice will include reasons for disapproval.
6. What are the consequences to a State if they do not file their State Plan by
September 15,1998?
Answer: State Plans are due by September 15, 1998. The EPA is required to review and
approve or disapprove State Plans within 6 months of submittaL For States which do not have an
approvable State Plan in place by September 15, 1999, a Federal Plan go into effect on that date
(September 15, 1999). States benefit from developing State Plans rather than receiving a Federal
Plan because States have the opportunity to tailor the compliance schedule to individual sources
and to develop a State rule more stringent than the Emission Guidelines.
7. Is there a reason why a State which has no medical waste incinerators and only
MWC's which are exempt should adopt the HMIWI EG?
Answer: Be aware that a State which has only co-fired combustors (burn 10 percent or
less hospitaVmedical/infectious waste) or incinerators that burn low-level radioactive,
chemotherapeutic or pathological waste must still submit a State Plan in order to compel those
sources to meet the record keeping and reporting requirements of section 60.32e.
If a State has no sources subject to the EG, then it is not required to submit a State Plan.
However, the State may want to submit a State Plan in order to address the contingency that a
source is discovered and the State wants the source to be subject to the specifics of a State Plan
rather than deferring to the Federal Plan.
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8. Are public hearings required prior to submittal of a State Plan?
Answer: Yes, adequate opportunity for public hearings is required. Under Subpart B,
some minimum public participation requirements are as follows:
1. Reasonable notice of opportunity for one or more public hearing(s) at least 30 days
before the hearing.
2. One or more public hearing(s) on the Section 11 l(d)/129 State Plan (or revision)
conducted at location(s) within the State, if requested.
3. Date, time, and place of hearing(s) prominently advertised in each region affected.
4. Availability of draft Section 11 l(d)/129 State Plan for public inspection in at least
one location in each region to which it will apply.
5. Notice of hearing provided to:
a. EPA Regional Administrator
b. Local affected agencies
c. Other States affected
6. Certification that the public hearing was conducted in accordance with Subpart B
and State procedures.
7. Hearing records must be retained for a minimum of two years. These records must
include the list of commentors, their affiliation, summary of each presentation
and/or comments submitted, and the State's responses to those comments.
If after adequate notice, no one requests a hearing, the hearing is not required.
9. Can a State incorporate by reference the EG?
Answer: No, because the EG is not written as direct requirements on the source but
rather, as requirements for the State to ensure that their source requirements are at least as
protective as the EG. The State may incorporate sections of the EG into their State rule such as
the emission limits, operator training requirements, and record keeping requirements, and they
may use the EG as a template for the State rule, but the EG cannot be simply incorporated by
reference as a whole without changes or supplemental language to make it applicable to their
sources.
The State can incorporate by reference the NSPS in its entirety because it is a Federal rule
that is directly applicable to sources.
10. If the State has its own rule (e.g., CA, FL, NJ, NY, IL, NC) and the State rule is as
protective as the Federal EG, does the State still have to submit a State Plan?
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Answer: Yes, the State still needs to submit an approvable State Plan so that the public,
EPA, and industry will be clear that the State is complying with the requirements of sections 129
and 11 l(d). In particular, the State must show that its State rule is at least as protective as the
EG and how the State will ensure that the sources meet the applicable requirements. Also, the
State Plan must include an inventory of all the affected sources in the State and satisfy the
requirements for public review. In this case, where the State's existing rule would provide the
legal authority, preparation of the State Plan should not require much effort beyond what the
State has already done to promulgate their State rule.
11. How does a State demonstrate that its State rule is at least "as protective as" the
EG? Is the burden of proof on EPA?
Answer: The burden of proof is on the State to show in the State Plan how the
requirements in its State rule are at least as protective as the EG, including the increments of
progress in the EG. The State must demonstrate this for each requirement that is different from
the EG.
12. If a State has only "small" MWC's that need only keep records and report to the
Administrator, must the State submit a State Plan or is a letter of negative
declaration sufficient?
Answer: Per sec. 60.32e(e), only incinerators subject to the MWC rule for large MWC
(Subparts Cb, Ea, or Eb) are exempt from the HMIWI rule.
Smaller MWC's exempt from the MWC rule by virtue of their size (less than
250 tons/day) and burning 10 percent or less hospital/medical/infectious waste need only notify
the EPA Administrator of an exemption claim and keep records of wastes burned, per sec.
60.32e(c). These units burning 10 percent or less hospital waste and medical/infectious waste are
called "co-fired combustors." Although co-combustors are not subject to the emission limits, a
State Plan is necessary in order for the public to be aware of their existence and for States to
ensure compliance with these record keeping/notification requirements.
13. There are approximately six HMIWI in operation in rural counties of one State. If
all HMIWI burn 10 percent or less medical/infectious waste and burn the remaining
90 percent in trash (hospital waste) would these facilities be exempt from the
Emission Guidelines? If it is documented that all sources stay within these
parameters would the State Plan still need to be written? If the State does not write
a Plan would the EPA step in and write a Federal Plan to regulate these six sources?
Answer: The "10 percent or less" criteria applies to both hospital waste and
medical/infectious waste. That is, sources burning 10 percent or less hospital waste and
medical/infectious waste are considered to be co-fired combustors. The units mentioned in the
question above are not co-fired combustors. They are HMIWI because they burn 100 percent
hospital waste and medical/infectious waste. Therefore, these facilities are subject to all the
requirements of the Emission Guidelines, including the emission limits, and the State must submit
a State Plan to cover these sources.
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If a State only had co-fired combustors, then the State would still need to submit an
abbreviated State Plan to include the sources on their inventory and to enforce the notification and
record keeping requirements of the Emission Guidelines for co-fired combustors. Under the
Emission Guidelines, co-fired combustors are required to notify the Administrator of an
exemption claim and to keep records of the amounts of each type of waste and/or fuel burned. A
State Plan is necessary to compel co-fired combustors to comply with the notification and record
keeping requirements. In addition, if the co-fired combustors began burning more than 10 percent
hospital waste and medical/infectious waste, then the State could have the authority under the
State Plan to require the sources to comply with the State Plan provided it contained the generic
language discussed in the answer to question #3, above.
If a State Plan is not submitted to cover such sources, a Federal Plan would become
effective in that State on September 15, 1999.
14. When implementation plans are filed by the State, will they go to some central
repository where they can be reviewed by the public at the same time when EPA is
reviewing them?
Answer: The public will be given the opportunity to comment on the State Plans before
they are submitted to EPA for review. States are required to provide opportunity for a public
hearing to discuss the State Plan and to make copies of the State Plan available for public review
prior to submittal to EPA. State Plans are to be submitted to the appropriate EPA Regional
Office. The State Plans will not go to any central location where they may be reviewed by the
public while EPA is reviewing the Plans. The EPA will publish a notice in the Federal Register
regarding whether a State Plan has been approved or disapproved. If a Plan is not approved, the
EPA will state the reasons for disapproval in the Federal Register.
15. On a case-by-case basis, under Section lll(d) Plan requirement [40 CFR Subpart B
Section 60.24(01, States have the flexibility to submit Plans that contain the
application of less stringent emission standards or longer compliance times than
required under the applicable Emission Guidelines. Does the "at least as protective
as the EG" requirement of Section 129 of the Clean Air Act now eliminate the Plan
flexibility provided under 40 CFR Section 60.24(0?
Answer: Yes. State Plans for HMIWI are Section 11 l(d)/129 Plans and have additional
requirements than State Plans developed under only Section 11 l(d). The "at least as protective"
language in Section 129 of the Clean Air Act applies to HMIWI, and Section 60.24(0 of
Subpart B is superseded. Section 60.24(0 of Subpart B was revised on December 19, 1995 (see
60 FR 65414) to allow Subpart Ce to specify that States could not allow less stringent limits or
longer compliance times than specified in Subpart Ce.
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16. Can a State develop a site-specific Plan rather than a generic HMIWI Plan?
Answer: The State must submit a State Plan. The Plan may include site-specific emission
limits and compliance schedules, as long as the limits and schedules are as protective as the
Emission Guidelines.
17. If there are conflicting requirements under Sections lll(d) and 129, what
requirements take precedence?
Answer: If there are conflicting requirements, section 129 takes precedence over
section 11 l(d) and the Subpart B rules developed to implement section 11 l(d). For more
information on specific section 11 l(d) and 129 requirements, refer to chapter 1 of this document
which presents a table showing the portions of Subpart B that apply to HMIWI and the portions
that are revised by section 129.
18. Do emission limits in the State Plan need to be the same as the emission limits in the
Subpart Ce Guidelines?
Answer: The emission limits in the State Plan must be "at least as protective" as the
Emission Guidelines, and EPA recommends that the limits be presented in the same regulatory
format as the Emission Guidelines, (e.g. concentration limits or percent reductions). If a
regulatory format other than that used in the Emission Guidelines is used in a State Plan, then the
State must show how the format correlates to the format in the Emission Guidelines and
demonstrate that it is at least as protective as the Emission Guidelines.
19. Can a State Plan identify only air pollution control equipment to be retrofitted or
must it include emission limits?
Answer: A State Plan must include emission limits at least as protective as the Emission
Guidelines, and those limits must apply to each HMIWI. Equipment specification is not required,
and alone, is unacceptable.
20. Do reporting requirements in State Plans apply to HMIWI operators or just State
agencies?
Answer: The requirements apply to both. The State has responsibilities to develop the
State Plan and to report implementation progress to EPA. The HMIWI owner must show
expeditious progress on achieving compliance by the dates set and then show continuing
compliance with the standard by annual compliance tests for various pollutants and operating
parameter data, as specified in Subpart Ce.
21. Can the States incorporate the HMIWI progress reports into their 40 CFR
section 51.321 annual report for SIPs?
Answer: Yes, provided that the HMIWI progress report satisfies the requirements of 40
CFR Section 51.321, HMIWI progress reports can be used to satisfy the SIP requirement. States
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are encouraged to coordinate their efforts in order to minimize duplication of reporting
requirements to ensure the most productive compliance and enforcement activities.
COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS
22. When setting compliance schedules, can a State allow a source longer than 1 year
from State Plan approval to comply without any increments of progress?
Answer: No, a source cannot be allowed to operate beyond 1 year after State Plan
approval unless the State Plan provides for enforceable increments of progress that are identical to
or "at least as protective as" the five increments of progress listed in section 60.21(h) of Subpart
B.
In addition, State Plans that allow sources planning to shut down (not to retrofit) longer
than 1 year to comply must require that such facilities provide documentation to support their
request, as described in section 60.39e(d)(l)(i-ii). Such sources must also have, at a minimum,
the five increments of progress from Subpart B. Since these sources are shutting down, not
retrofitting, the increments would need to be revised. In keeping with the intent of the required
increments of progress of Subpart B, EPA suggests the following six increments for such sources:
1. Source's plan for shut down
2. Contract with the vendor (off-site hauler or alternative waste treatment equipment)
3. Begin construction of alternative waste treatment equipment (if applicable)
4. Complete installation of alternative (if applicable)
5. Shut down incinerator
6. Dismantle incinerator
23. Can the State set the same compliance schedule for all sources in the State?
Answer: Yes, the State Plan could require all sources to be in compliance within 1 year of
State Plan approval. It could also require sources of specified circumstances that meet the criteria
additional time3 to comply, provided the State Plan includes enforceable increments of progress at
least as protective as the EG and there is a clear link between each source and a compliance
schedule.
Even if a State chooses to prescribe individual compliance schedules for each of its
currently known sources, EPA recommends that it still include in its State Pkn a generic
compliance schedule applicable to sources discovered after submittal of the State Plan directed to
"all other applicable sources" that the inventory may miss.
3 Up to 3 years following State Pkn approval or September 15, 2002, whichever is earlier.
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24. Are increments of progress for the individual sources requesting extensions under
sec. 60.39e(d) submitted with the State Plan or are they negotiated later - after
approval by EPA.
Answer: Section 60.39e(d)provides States with the option, through the State Plan, of
allowing designated facilities to petition the State for extensions beyond 1 year from State Plan
approval to comply. This is the one allowable situation in which compliance schedules, including
increments of progress, are determined after EPA approval of the State Plan.
25. Do sources requesting an extension beyond 1 year from promulgation need to
provide the documentation in 60.39e(d) to the State prior to submittal of the State
Plan?
Answer: No. The rule only States that sources requesting an extension submit the
documentation listed in 60.39e(d)(l)(i-ii) "in time to allow the State adequate time to grant or
deny the extension within 1 year after EPA approval of the State Plan."
26. What rule determines whether a facility has only 1 year from State Plan approval to
comply, or 3 years with the 5-increment compliance schedule?
Answer: This is a site-specific question that each State must address. The EPA expects
that most sources will come into compliance with the State Plan within 1 year after EPA approval.
The Emission Guidelines allow States to include compliance schedules for facilities planning to
retrofit that extend beyond 1 year after State Plan approval, provided that the State Plan includes
enforceable increments of progress for the facility and that the final compliance date is not later
than 3 years following State Plan approval or September 15, 2002, whichever is earlier. There is
no specific criteria in the Emission Guidelines that determines whether a facility has only 1 year
from State Plan approval to comply, or 3 years with the 5-increment compliance schedule. States
are to use their judgement and the information provided to the State by the source to determine if
the source should be allowed more than 1 year after State Plan approval to comply.
27. If the EPA disapproves the State Plan, how does this affect the source's compliance
time?
Answer: If a State submits and receives approval of a State Plan prior to
September 15, 1999, sources are to comply with the State Plan within 1 year after EPA approval
of the State Plan. Thus, States which submit State Plans that are disapproved have until
September 15, 1999 to resubmit an approvable State Plan. In cases where the State does not
receive approval of their State Plan by September 15, 1999, a Federal Plan will go into effect in
that State. Sources will then have 1 year after September 15, 1999 to come into compliance
unless they meet the increments of progress specified in the Federal Plan, in which case, they
would have until September 15, 2002 to comply.
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28. Under the Emission Guidelines, existing sources have 3 years from EPA approval of
the State Plan to comply. Is this the compliance date in all cases?
Answer: No, States can require compliance sooner. All HMIWI covered by a State Plan
must complete retrofit or cease operation by the date 1 year after State Plan approval Sources
planning to retrofit may have until the date 3 years after State Plan approval or until
September 15, 2002, whichever is earlier, provided that the State Plan contains increments of
progress. The State Plan may tailor the various compliance dates provided the sources meet the
September 15, 2002 deadline. The State may elect to tie the enforceable increments of progress
to (1) fixed calendar dates, (2) "float" dates from EPA approval of the State Plan, or (3) with the
exception of increment 5 (final compliance), "float" dates from issuance of permits necessary for
retrofit activities.
29. Can a facility submit a closure agreement as an alternative compliance plan, and
decide later to retrofit controls?
Answer: Yes. The State Plan must specify a deadline for an HMIWI to complete retrofit
or to cease operations. If a State Plan specified that an HMIWI would cease operations by a
given date, and the HMTWI owner later decides to retrofit controls, the State must modify the
State Plan to include a new compliance date for the HMIWI (including meeting all requisite
notice-and-comment requirements and five increments of progress). The Emission Guideline
revision would need to be approved by the EPA. If an HMIWI owner already knows the cease
operations agreement is an interim step toward retrofit and restart of the unit, the requirement to
cease operation can be added to the five required increments of progress toward compliance with
the State Plan. By adding the cease operation requirement to the State Plan, the State would
eliminate the need to modify the State Plan in order to allow the unit to retrofit and resume
operation. The unit would have to cease operation on or before September 15, 2002 and would
have to complete its retrofit before restarting operations.
30. Some sources will wait until the standards are finally adopted by the State before
deciding whether to retrofit or shut down. How will States be able to determine
compliance schedules in the State Plan for sources which have not yet even begun
the bidding/contracting process at time of State Plan submittal? How binding are
the compliance schedules? Can the compliance schedules be a "best guess"?
Answer: All sources must be in compliance within 1 year of State Plan approval, unless
the State has provided increments of progress, in which case sources would have up to 3 years
from State Plan approval to comply or September 15, 2002, whichever is earlier. If the State
chooses to give sources longer than 1 year, the State Plan must include at a minimum, the five
enforceable increments of progress for each HMIWI as required by Subpart B. The required
increments are:
• submit a final control plan,
• award contracts for controls,
• initiate on-site construction or installation of controls,
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« complete on-site construction or installation of controls, and
• final compliance.
Additional increments of progress may also be included in the Plan. The State Plan must
include binding and enforceable compliance dates for the five increments. The first four
increments can be calendar dates or floating dates set a certain time from State Plan approval or
issuance of a specific permit. But the fifth increment, final compliance, can be set only from State
Plan approval and cannot extend beyond 3 years from State Plan approval or September 15, 2002,
whichever is earlier. Sources which the Plan requires to cease operations by September 15, 2002,
can reopen after the final compliance deadline (Le., September 15, 2002), but in order to do so the
sources must demonstrate that they are in full compliance before reopening.
The schedules in the State Plan are enforceable but the State Plans can be revised provided
they meet the requirements above and the public is given adequate notice of an opportunity for
public comment. That is, if the State and HMIWI agree that more time is necessary for an
increment of progress after the State Plan has been approved, the State could submit a State Plan
revision to EPA for approval after following the procedures for Plan revision specified in 40 CFR
Part 60, Subpart B. The final retrofit date or cease operation date, however, would still need to be
within 3 years of State Plan approval and no later than September 15, 2002.
The State and HMIWI will need to review the emission limits in the Subpart Ce Emission
Guidelines (promulgated September 15, 1997, 62 FR 48348) and draft State standards being
developed to implement the Guidelines and make judgments about the likely retrofit requirements
in order to include a schedule in the State Plan. Except for those few States that already have
more stringent standards or broader coverage, most States will propose to match the Emission
Guidelines requirements.
31. Can a State tie the compliance date for the HMIWI to the date of State adoption of
the rule?
Answer: Yes, as long as there is the backstop compliance date (retrofit completed or
cease operation) which is no later than three years after State Plan approval or
September 15, 2002 (5 years after Emission Guidelines promulgation), whichever is earlier.
32. For many States, it takes 1.5 to 2 years to develop a State rule. Therefore, many
States in the process of developing a State rule will receive a Federal Plan. Why
doesn't EPA just apply a Federal Plan across the board saving States the trouble of
developing a State rule since the end result will be the same?
Answer: The EPA does not have the authority to implement a Federal Plan until 2 years
after the promulgation date. The Federal Plan only applies until a State develops an approvable
State Plan. By developing a State Plan, States have the opportunity to tailor the compliance
schedule to individual sources and to develop a State rule more stringent than the Emission
Guidelines. States should be aware that a State Plan provides more flexibility than a Federal Plan.
For example, a State Plan gives the State the opportunity to tailor their compliance schedule to
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sources. It also allows the State to be more stringent than the EG. In addition, it is likely that a
State Plan would result in a more detailed source inventory.
33. Are fixed calendar dates required in increments of progress?
Answer: Yes and no. There are five mandatory increments of progress. These are:
1) submittal of a final control plan; 2) awarding of contracts; 3) initiation of on-site construction;
4) completion of on-site construction, and 5) final compliance. Either calendar dates or floating
dates can be used for these increments of progress, as long as final compliance does not go
beyond 3 years from State Plan approval or September 15,2002.
The State may submit a compliance schedule that uses either all calendar dates or a mix of
calendar and floating dates, or, a State could submit a schedule with dates that all float. For the
first four increments of progress, dates may float from date of State Plan approval or date of
issuance of a permit. If a permit is cited in the State Plan as the significant date from which the
increments will be referenced, the specific permit must be identified.
34. If a facility plans to close down their HMIWI rather than comply with the Emission
Guidelines, must the facility close down by the date 1 year after State Plan approval
or can the facility continue operating without complying with increments of
progress?
Answer: The facility must close down by the date 1 year after State Plan approval, unless
the facility is granted an extension by the State. In order for a State to grant such an extension,
the State Plan must include the provisions listed in section 60.39e(d) of Subpart Ce.
35. If a unit fails to meet an increment of progress established by the State, must the
unit shut down until the increment of progress is met?
Answer: Yes, the unit must cease operation until the facility is back on schedule with its
increments of progress.
STANDARD METROPOLITAN STATISTICAL AREA (SMSA)
36. How are metropolitan areas defined in the Emission Guidelines?
Answer: The Emission Guidelines define Standard Metropolitan Statistical Areas (SMSA)
as areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for
Metropolitan Areas" dated June 30, 1993. See #37 below for information on how to obtain a
copy of the 1993 SMSA listing.
37. Where can States access OMB Bulletin No. 93-17 (for SMSA boundaries)?
Answer: The OMB Bulletin No. 93-17 is item No. IV-J-125 in docket No. A-91-61. The
docket phone number is 202-260-7548.
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A listing of the Standard Metropolitan Statistical Areas (SMSA's), as defined by the OMB
on 6/30/93 is at http://www.census.gov/population/estimates/metro-city/93mfips.txt on the
Internet.
38. Are we bound by the HMIWI regulations to use only the 1993 SMSA publication, or
is it correct to use the most current publication of statistical data?
Answer: The definition of Standard Metropolitan Statistical Area in the Emission
Guidelines is based on the 1993 SMSA definitions. The Emission Guidelines specify that the
1993 SMSA definitions be used to ensure that the rural criteria is applied uniformly and
consistently for small HMIWI. Therefore, States are required by the Emission Guidelines to use
the 1993 SMSA definitions for determining applicability of the rural criteria to HMIWI.
39. Regarding the 50-mile limit from an SMSA, is this from the edge of an urbanized
area or the edge of the county? In other words, for counties which are part of the
SMSA but have only a small urbanized area in the corner, is the 50 miles measured
from the county line or the city limit line?
Answer: The 50-mile limit from an SMSA is measured from the edge of the SMSA. In
most cases this is a county line. In some cases, it is the city or township boundary.
LEGAL AUTHORITY
40. What is the difference between "legal authority" and "enforcement mechanism"?
Answer: Legal authority is a general term described in 40 CFR sec. 60.26 that means the
power that a State has to require a source to do something-be it meet certain emission limits or
put on certain control devices. The manner in which a State uses its legal authority to enforce
requirements is called the enforcement mechanism. Examples of enforcement mechanisms that
could be used to give a State legal authority over a source are: a State rule, an Administrative
Order, a Compliance Order, or a Federally enforceable State operating permit.
41. If a State already has a State rule in place, can the State submit the rule as the legal
authority?
Answer: Yes, the existing State rule would be the State's legal authority.
42. If a State develops a State rule to adopt the Emission Guidelines, must this rule be
passed by the State legislature within 1 year after promulgation or is it sufficient to
have submitted the rule to the State legislature for review by 1 year after
promulgation?
Answer: The State rule must be passed by the State legislature by September 15, 1998.
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43. If a State uses a SIP regulation as a basis for the legal authority in a State Plan, does
the State need to demonstrate legal authority?
Answer: A State can select from a range of legal mechanisms provided that the State can
show it has adequate legal authority. A demonstration of legal authority is required in all cases
except for State rules. If a SIP rule is used, citations, rather than copies of actual State legal
authority is adequate. It is unlikely the SIP will address all of the HAPs (see Section 60.26[b]).
For all other legal instruments, a demonstration of authority is required. The EPA
strongly recommends that States include a certification letter from the State Attorney General for
such a demonstration if a mechanism other than a State regulation is used. (Several States have
originally thought they could avoid a rule by using a title V permit as their enforcement
mechanism, for example. But their Attorney General's opinion was that the State did not have the
authority to incorporate applicable requirements into a title V permit.)
SOURCE/EMISSIONS INVENTORY
44. If a former HMIWI is now only burning municipal waste and the hospital is gone,
do they still meet the definition of "fully or partially dismantled," thus must be
included on the State's inventory?
Answer: States are encouraged to make a reasonable attempt to include in their inventory
all incinerators in the State that have the potential to restart. As guidance, States may use the
following questions to help determine whether an incinerator that is shut down should be included
in the inventory or not. If the answer is "yes" to at least one of the questions below, then the
incinerator would not to be included in the inventory:
• Are the charge doors welded shut?
• Is the main stack and/or bypass stack removed?
• Have the blowers been removed?
• Have the burners and/or fuel supply been removed?
In the case cited above, it is unlikely that the incinerator in question would ever be used
again to burn hospital waste or medical/infectious waste. Thus, it need not be included on the
State's inventory because it is not an HMIWI.
However, if the incinerator started taking any hospital waste or medical/infectious waste,
it would then become subject to the regulations.
45. Must a "small" MWC not subject the MWC rule (burning 10 percent or less
hospital/medical/infectious waste) and only required to keep records be included on
the State Plan inventory?
Answer: Small MWC's exempt from the MWC rule by virtue of their size (less than
250 tons/day) and burning 10 percent or less hospital/medical/infectious waste need only notify
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the EPA Administrator of an exemption claim and keep records of wastes burned, per sec.
60.32e(c). These units burning 10 percent or less hospital waste and medical/infectious waste are
called "co-fired combustors." Although co-combustors are not subject to the emission limits, in
order for the public to be aware of their existence and for States to ensure compliance with these
record keeping/notification requirements, such units must be included in the State Plan inventory.
Note: Per sec. 60.32e(e), HMIWTs subject to the MWC rule are exempt from the
HMIWI rule, and as such, would not need to be included on the State's inventory of HMIWI.
46. Have sample inventory questionnaires been developed?
Answer: A sample inventory questionnaire is contained in this document as Appendix G.
47. Are crematoria, etc., required to be included in the inventory, even if they are
"exempt"?
Answer: Crematoria are not subject to any part of the HMIWI regulations as long as they
burn only human remains. Therefore, there is no need to include crematoria in the State's
inventory. However, if the crematory incinerator is used to burn any hospital waste or
medical/infectious waste, it is subject to at least some portion of the HMIWI regulation and must
be included on the State's inventory.
48. Where in the Act or Regulation is the requirement for the State to submit an
inventory? What must be included in the inventory?
Answer: Section 60.25(a) of Subpart B says that States are to submit an inventory of
sources as well as an inventory of the emissions from the HMIWI in the State. The inventory
should include a list of applicable sources, including HMIWI, co-fired combustors, and
incinerators burning only pathological waste, low-level radioactive waste, and chemotherapeutic
waste. Co-fired combustors and incinerators of low-level radioactive, chemotherapeutic, and
pathological waste must be included in the source inventory but are exempt from the State Plan
emissions inventory.
49. Where are the emission factors which supported rule development published?
Answer: The emission factors developed during the HMIWI rulemaking process are
contained in the appendices of this Summary Document. The memorandum which documents the
emission factors is available at the Air and Radiation Docket and Information Center in Docket
No. A-91-61, Item No. FV-B-42. The title of the memorandum is "Emission Factors for Medical
Waste Incinerators." The phone number for the EPA Docket Office is (202) 260-7548.
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50. Other than the name, location, owner/operator, etc., are States also expected to
update the Charge Rate, APCD and Type sections of the inventory list EPA
presently has? If so, States would like a legend or key to what the codes stand for
under MWI Type. Also, are States supposed to know what APCD number each site
is, or does EPA have a key for those, too?
Answer: An inventory of designated facilities will be needed in each 11 l(d)/129 State
Plan, as required by Section 60.25 of Subpart B of 40 CFR 60. Section 60.25 also requires an
estimate of emissions from each source. The EPA inventory sent to the States was used by EPA
to conduct analyses for the HMTWI rulemaking. It is not necessarily precise, but we thought it
would be a good starting point for States to begin developing a list of sources. Consequently,
the State can use as much or as little of the EPA 1995 inventory as they wish, keeping in mind
they must develop their own list and an emissions estimate.
With that in mind, following is a short description of each column.
• "Charge Rate" reflects the design waste burning capacity of each unit in the EPA
inventory. For many units, the charge rate was assumed based on the number of beds at
the hospital For purposes of determining size (and corresponding emission limits in the
guideline) and estimating emissions, it would probably be a good idea for States to try to
determine the actual design waste charge rate for each unit and the actual waste burned
per hour (or day, or year) for each unit.
• "APCD Number" reflects the type of air pollution control on the facility. Again, many
are assumed based on permit limits and on State regulations for paniculate matter. EPA
can provide a key for the APCD numbers, but it would probably be better to try to find
out what (or whether) APCD is actually in place. This could also help in estimating
emissions.
• "MWI Type" means the design of the incinerator. "B" stands for "batch," "C" stands for
"continuous," and "I" stands for "intermittent."
51. Will the AP-42 emission factors be updated for HMIWI's?
Answer: No, at least there are no plans to do so in the near future. Actual emissions are
always better, but if a State must estimate emission when developing emissions inventory, there
are three options. One, the State can use the State's own emission factors. Two, the State can
use the emission factors used to support the rule (contained in the appendix of the Summary
Document and the docket). Or three, the State can use the emission factors from AP-42.
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APPLICABILITY
52. Are MWC's subject to Cb, Ea or Eb exempt from the HMIWI rule or are they only
exempt from one subpart and thus, still subject to other parts?
Answer: There are three terms that must be kept straight. All of these regulations are
under "Part" 60 of the Code of Federal Regulations. Each of the regulations is a "Subpart" of
Part 60 (i.e., Subpart Cb, Subpart Ce, Subpart Ea, Subpart Eb, etc.). Each Subpart is broken to
"Sections" (e.g., Section 60.32e(e)). Combustors subject to Subparts Cb, Ea, or Eb are not
subject to Subparts Ce or EC. That is, they are exempt from the entire HMIWI rule.
53. Are MWC's exempt regardless of the amount of medical waste they burn?
Answer: Any MWC subject to Subpart Cb, Ea, or Eb is exempt from Subparts Ce and
EC, regardless of the amount of hospital waste or medical/infectious waste burned. However, not
all MWC's are subject to Subparts Cb, Ea, or Eb because these subparts only affect MWC larger
than 250 tons/day. An MWC which is smaller than 250 tons/day and burns more than 10 percent
hospital waste and medical/infectious waste is subject to Subpart Ce or EC. An MWC which is
smaller than 250 tons/day and burns 10 percent or less hospital waste and medical/infectious
waste is exempt from most of the provisions of Subparts Ce and EC, but must notify the
Administrator of an exemption claim and keep records of wastes burned. These units burning
10 percent or less hospital waste and medical/infectious waste are called "co-fired combustors."
54. Are the HMIWI regulations applicable to crematorium and animal waste
incinerators? The definition of medical/infectious waste in the Emission Guidelines
seems to include animal waste.
Answer: Human corpses, remains, and anatomical parts intended for interment or
cremation are not considered medical/infectious waste or hospital waste for the purposes of this
rule. Consequently, human crematoria that burn only human remains are not subject to the
HMIWI regulations. However, if the crematory incinerator is used at any time to burn hospital
waste or medical/infectious waste, it is subject to the HMIWI regulations. Animal remains can
sometimes meet the defintion of medical/infectious waste. If the animal remains meet the
definition of medical/infectious waste, then the incinerator burning the medical/infectious animal
remains is subject to the HMIWI regulations. However, if the incinerator burns exclusively
animal remains, containers used to collect and transport the remains, and animal bedding, then the
incinerator is exempt from most provisions of the HMIWI regulations and is subject only to
notification and recordkeeping requirements. If the incinerator burns 10 percent or less of
hospital waste and medical/infectious waste, it is a co-fired combustor subject only to notification
and recordkeeping requirements. If the incinerator burns more than 10 percent hospital waste and
medical/infectious waste, it is subject to all of the requirements of the regulation.
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55. Please define "commence construction." We have a building which put in building
footing. They have not built the building or purchased equipment.
Answer: "Commence construction" is defined by definitions in 40 CFR 60 Subpart A -
General Provisions. "Commenced" is defined with respect to the definition of new source as, that
an owner or operator has undertaken a continuous program of construction or modification or
that an owner or operator has entered into a contractual obligation to undertake and complete,
within a reasonable time, a continuous program of construction or modification. "Construction"
is defined as fabrication, erection, or installation of an affected facility.
For purposes of determining what is a new HMIWI, Subpart EC refers to HMIWI which
commenced construction after June 20, 1996. Thus, if the HMIWI was or is to be constructed
after June 20, 1996, then the HMIWI is a new unit regardless of when the building is constructed.
However, if the facility went under contractual obligation with a company to construct an HMIWI
prior to June 20, 1996, then the unit may be considered as an existing unit. Without more specific
information than is provided in the question above, it is difficult to determine if the facility has or
is constructing a new or existing HMIWI.
56. With respect to applicability, please discuss alternatives to onsite incineration
(i.e., autoclaves, microwave, etc.).
Answer: The HMIWI regulations are not "medical waste disposal" regulations. The
HMIWI Emission Guidelines apply to hospital/medical/infectious waste incinerators which are
defined as "any device that combusts any amount of hospital waste and/or medical/infectious
waste." Alternatives to onsite incineration such as autoclaves and microwaves do not combust
waste and therefore do not meet the definition of "hospital/medical/infectious waste incinerator"
in the Emission Guidelines. Therefore, the Emission Guidelines do not apply or contain any
requirements for the autoclave, microwave, or to any other alternative to onsite incineration
which does not combust hospital waste or medical/infectious waste.
57. Does the small "rural" unit count for medium and large units in rural areas that are
derated?
Answer: Under the small rural criteria, the HMIWI would have to burn less than 2,000
pounds of waste per week and be located more than 50 miles from an SMS A. Most medium and
large HMIWI have the capacity to burn much more than 2,000 Ibs/wk and would have to undergo
drastic measures to derate their capacity to less than 2,000 Ib/wk. It is not anticipated that it will
be very cost efficient for facilities operating medium and large HMIWI to severely derate their
capacities in order to burn less than 2,000 Ibs/wk. Medium or large HMIWI that derate then-
capacity in order to fall in the small subcategory may be considered as small "rural" units if they
meet the small rural criteria.
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58. A hospital in North Carolina has a permit to construct awarded prior to June 1996.
Bidding on the air pollution control device occurred after June 1996. The
incinerator was constructed prior to June 1996, but the APC device has not been
installed yet since the permit has lapsed. Would the unit, (i.e., the incinerator and
scrubber) be considered a new or existing unit? If existing, does it have to meet the
current North Carolina standards or the new EPA emission standards on existing
units?
Answer: Hospital/medical/infectious waste incinerators which commenced construction
on or before June 20, 1996 are considered to be existing sources subject to the HMIWI Emission
Guidelines. Hospital/medical/infectious waste incinerators commenced construction after
June 20, 1996 are considered to be new sources subject to the HMIWI New Source Performance
Standards. The answer to the above questions involves the definition of "commenced
construction." The General Provisions (40 CFR 60 Subpart A) define "commence" and
"construction." The applicability date for the HMIWI Emission Guidelines depends on the date
when the HMIWI is constructed, not when the APCD is installed. Thus, the unit discussed in the
question would be an existing HMIWI because the HMIWI was constructed on or before June 20,
1996.
The Emission Guidelines do not apply directly to existing HMIWI and they do not
override or negate any State regulations. Rather, States are to develop State Plans to implement
the Guidelines. The HMIWI in question would be subject to the State Plan once it is approved by
EPA. In the meantime, the HMIWI remains subject to current State regulations. Once the State
Plan is approved by EPA, the HMIWI will be subject to any applicable State regulations and the
State Plan. It is likely that the State will combine current State regulations with the State Plan so
that the HMIWI will be subject to just one requirement by the State.
59. Say a facility uses a batch incinerator with a charging rate of 100 pounds per batch.
The incinerator is loaded 5 times per day. Total daily loading is 500 pounds per
day. Would this fall under a small incinerator? (i.e., [500 Ib/day] / [24 hr/day] = 20
Ib/hr ==> small in size). Is this the correct calculation in determining incinerator
size?
Answer: Batch HMIWI are typically loaded with waste, started and allowed to burn the
waste, and cooled down so the ash may be removed. The entire batch process usually takes the
majority of a day. The unit in question does not sound like a typical batch unit, because a batch
unit could not be loaded 5 times per day. Nevertheless, small batch units as defined in the
HMIWI rule, burn less than 1,600 Ibs/day. If the unit is indeed a batch unit, then it would be
considered a small HMIWI because it only bums 500 Ibs/day. If the unit were something else
(e.g., an intermittent unit) then the unit would still be small provided that it does not charge more
than 200 pounds of waste per hour.
Methods for calculating HMIWI size for purposes of the HMIWI regulations are provided
in section 60.51c of Subpart EC under the definitions of "maximum charge rate" and/or
"maximum design waste burning capacity." The size cutoffs for each subcategory are provided in
the definitions of small, medium, and large HMIWI.
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60. Our facility burns on average 2,200 pounds per week, of which 200 pounds is
pathological. Would the 200 pounds be subtracted from the total and make this a
small rural unit?
Answer: Co-fired combustors are units which burn 10 percent or less hospital waste and
medical/infectious waste. The only time the amount of pathological waste would be subtracted
from the total waste burned is for purposes of determining applicability of a co-fired combustor.
If the unit in question is burning hospital waste and/or infectious waste, the only way it may be
considered a small rural unit is if: (1) the facility reduces the amount of waste burned (including
the pathological waste) to less than 2,000 pounds per week, (2) the unit is a small unit as defined
in section 60.5 Ic of Subpart EC, and (3) the unit is located more than 50 miles from the nearest
SMSA.
61. Can an enforceable permit condition limiting charge rate (pounds per hour) below
the specific applicability size threshold be used to change the size category from
large to medium or from medium to small incinerator?
Answer: Yes. States may allow units which burn less than their design capacity to base
their size determination on the "maximum charge rate," as defined in section 60.5 Ic of the
HMIWIrule.
62. What if the source does change its size category through a permit condition and
then violates that condition by operating in the next larger category? Does the
source then become subject to the requirements in that next larger category?
Answer: No, size is determined by the maximum charge rate which was defined earlier
(performance test or permit condition). Thus, the source doesn't automatically become subject the
requirements of the next larger category. Nevertheless, in this case, the source would be in
violation of the regulation and/or the permit condition.
63. Are the following exempt from the HMIWI rule: funeral homes, pet crematories (at
zoos and veterinaries), teaching hospitals (which burn carcasses from anatomy class
and animals from research), or university labs? Our State has crematory rules
under which the above sources must keep records. Under this scenario, could our
State submit a negative declaration?
Answer: Applicability is not determined by where the incinerator is located, but rather, by
what the incinerator is burning. If the facilities listed burn only materials that do not meet EPA's
definition of hospital waste or medical/infectious waste, they are not subject to the regulations and
need not be included in a State Plan. If a State is confident that there are no incinerators in the
State burning any hospital waste or medical/infectious waste, then the State should submit a
negative declaration. Note that human corpses, remains, and anatomical parts intended for
interment or cremation are not considered medical/infectious waste or hospital waste for the
purposes of this rule.
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If any of the facilities listed burn any amount of hospital waste or medical/infectious waste
at any time, they are subject to, at a minimum, the reporting and recordkeeping requirements of
section 60.32e. The only exemptions are for any combustor required to have a permit under
Section 3005 of the Solid Waste Disposal Act; any pyrolysis unit; any cement kiln; or any
combustor subject to Subpart Cb, Ea, or Eb (standards and guidelines for certain municipal waste
combustors). If the incinerator burns only pathological, low-level radioactive, and/or
chemotherapeutic waste, it is subject only to notification and recordkeeping requirements and
should be included in the State Plan inventory. If the incinerator burns 10 percent or less of
hospital waste and medical/infectious waste, it is a co-fired combustor subject only to notification
and recordkeeping requirements and should be included in the State Plan inventory. If the
incinerator burns more than 10 percent hospital waste and medical/infectious waste, it is subject
to all of the requirements of the regulation.
64. Is a pyrolysis furnace that is used to clean metallic filters classified as an
incinerator? The furnace is rated at three million Btu/hr and uses only natural gas.
Is the operator training requirements applicable? No material containing toxic
metal or balides are burned in the furnace.
Answer: No. Pyrolysis units are not subject to any part of the HMIWI regulations.
65. We have a 2-year-old incinerator with a maximum capacity of 600 Ibs/hr. We
derate burn at 200 Ibs/hr. We are a diagnostic lab (veterinary-animal disease
investigations). We believe that 90 percent of our material is pathological waste
(carcasses, tissues). What do you see for the future of exempted pathological waste?
We do not have a scrubber. We are 55 miles from a city of 100,000 (city limits) and
32 miles from the SMSA border of the county line, for that area.
Answer: Facilities which burn 10 percent or less hospital waste and/or medical/infectious
waste are considered to be co-fired combustors. Co-fired combustors are only required to notify
the Administrator of an exemption claim and keep quarterly records of the amount and type of
wastes burned. Because the facility in the question is a laboratory, it is not likely to burn any
hospital waste. The 90 percent pathological waste is not included in the determination of the
amount of medical/infectious waste burned. Therefore, if the facility burns 10 percent or less
medical/infectious waste, then it would be considered a co-fired combustor.
Regulations for these types of incinerators are under development, but it is too early to
know what the requirements will be.
66. What are specific de-commissioning requirements: (1) complete dismantlement, or
(2) disconnect fuel supply for control power to unit?
Answer: There are no specific de-commissioning requirements. States are to use their
best judgement to determine which HMIWI that have ceased operation are capable of reopening.
For those HMIWI which have ceased operation, but are capable of reopening, then the State
should include in its State Plan some mechanism by which to require such facilities to comply with
the State Plan.
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As a suggestion, criteria for determining whether an HMIWI is inoperable could include
but not be limited to, one or more of the following conditions:
• Waste charge door welded shut;
• Stack/by-pass stack removed;
• combustion air blowers removed; and/or
• burners or fuel supply removed.
67. Our facility currently combusts about 65 percent returned Pharmaceuticals and
35 percent laboratory animal waste (which meets the definition of medical waste). If
we reduce the amount of medical waste to 10 percent or less, are we then not subject
to the Guidelines?
Answer: There are three possibilities. In all three cases, the returned pharmaceuticals do
not meet the definition of medical/infectious waste and are not considered hospital waste because
the definition of hospital waste specifically excludes unused items returned to the manufacturer.
The three possibilities arise from what is meant by "laboratory animal waste."
First, if the laboratory animal waste consists only of animal tissue, containers used to
collect and transport the tissue, and/or animal bedding, the laboratory animal waste is considered
pathological waste. In this case, the incinerator is burning no hospital waste and is burning some
medical/infectious waste, all of which is pathological The definition of co-fired combustor states
that pathological waste should be considered as "other" waste when calculating the percentage of
medical/infectious waste, even if the pathological waste meets the definition of medical/infectious
waste. Under these conditions, this incinerator is a co-fired combustor already, and reducing the
amount of medical/infectious waste would not alter the applicability. It is exempt from most of
the provisions of the regulations, but must notify the Administrator of its existence and keep
records of fuels and wastes burned.
Second, if some of the laboratory animal waste is medical/infectious waste that is not
animal tissue, containers, and/or bedding (i.e., some of the laboratory animal waste is non-
pathological medical/infectious waste), but this non-pathological medical/infectious waste
accounts for 10 percent or less of the total waste burned, then this incinerator is also a co-fired
combustor subject to the same requirements described above.
Finally, if some of the laboratory animal waste is medical/infectious waste that is not
animal tissue, containers, and/or bedding (Le., some of the laboratory animal waste is non-
pathological medical/infectious waste), and this non-pathological medical/infectious waste
accounts for more than 10 percent of the total waste burned, then this incinerator is subject to all
of the requirements in the regulations.
68. Does the applicability date mean the date of initial construction, initial startup, or
when the HMIWI finally reaches full operation?
Answer: The applicability date is the date construction is commenced. For example, the
Subpart Ce applies to units for which construction is commenced on or before June 20, 1996.
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"Commenced" is defined in the NSPS General Provisions in 40 CFR Part 60 Subpart A,
Section 60.2. As defined under Section 60.2, commenced means that an owner or operator has
undertaken a continuous program of construction or modification or that an owner or operator
has entered into a contractual obligation to undertake and complete, within a reasonable time, a
continuous program of construction or modification.
69. Are units which commenced construction between the February 1995 proposal and
promulgation of the HMIWI rule (September 15,1997) required to meet the
emission limits in the NSPS?
Answer: The EPA first proposed the medical waste incinerator Emission Guidelines in
February 1995. In response to comments received following this proposal, the EPA published a
supplemental Federal Register notice on June 20, 1996. This supplemental notice had most of
the elements of a proposal and is now considered to be a reproposal of the medical waste
regulation. Units which commenced construction prior to June 20, 1996 are considered to be
existing HMIWI and are required to meet emission limits in the State Plan. Facilities which
commenced construction after June 20, 1996 are considered to be new units and are subject to the
New Source Performance Standards.
70. Is an incinerator located at a hospital that burns only noninfectious trash from the
hospital covered?
Answer: Yes, because the incinerator is burning more than 10 percent by weight hospital
waste.
71. Is an incinerator located at a hospital that is used to burn only pathological waste
covered?
Answer: Incinerators used for the sole purpose of combusting human or animal remains
and pathological waste are exempt from most provisions of the EG. The hospital operating the
incinerator must notify the Administrator of an exemption claim and keep quarterly records of the
time periods when only pathological waste is combusted.
72. Is an incinerator burning waste from a nursing home covered?
Answer: Nursing homes are not considered to be hospitals and thus, not generators of
"hospital" waste under the Emission Guidelines. However, most nursing homes generate
"medical/infectious" waste and thus, would be covered by the EG to the extent that any other
incinerator burning medical/infectious waste would be covered.
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73. Incinerators used to burn pathological waste, low-level radioactive waste, and
chemotherapy waste are not covered under the Emission Guidelines. Does EPA
plan to regulate these incinerators under another standard?
Answer: Yes. Incinerators burning pathological waste, chemotherapeutic waste, and low-
level radioactive waste will be covered under the Industrial Combustion Coordinated Rulemaking.
74. Is notification and record keeping required for facilities operating pathological
incinerators?
Answer: Facilities operating pathological incinerators are required to notify the
Administrator of an exemption claim and keep records of the time periods when only pathological
waste is burned. These records are to be maintained onsite by the facility. Reporting is not
required for facilities operating pathological incinerators.
75. According to the Emission Guidelines, HMIWI capacity may be determined by
either the maximum charge rate or the maximum design waste burning capacity.
What if the maximum design waste burning capacity places the HMIWI in one
subcategory and the maximum charge rate places the same HMIWI in another
subcategory?
Answer: In the scenario stated above, the maximum charge rate would be used to
determine the HMIWI subcategory. Maximum charge rate, as defined in Subpart EC, is
110 percent of the lowest 3-hour average charge rate measured during the most recent
performance test. The maximum design waste burning capacity is calculated based on primary
chamber volume and heat release rate. A formula for this calculation is included in Subpart EC.
Because the maximum design waste burning capacity is based on the design capacity of the
incinerator, it is fixed, and cannot be changed. The maximum charge rate, on the other hand, is
based on the amount of waste that a facility actually burns in the incinerator. In some cases the
maximum charge rate will be lower than the maximum design waste burning capacity. For
enforcement purposes, the HMIWI would be bound by the maximum charge rate.
76. Is an MWC covered by the HMIWI rule if it burns hospital waste and/or
medical/infectious waste and is not subject to Subparts Cb, Ea, or Eb?
Answer: Maybe. If the MWC burns more than 10 percent by weight hospital waste
and/or medical/infectious waste, it is covered. If the MWC burns some hospital waste or
medical/infectious waste, but 10 percent or less, it is considered a co-fired combustor for
purposes of the HMIWI Emission Guidelines and the facility must notify the Administrator of an
exemption claim and keep quarterly records of the weight of hospital waste, medical/infectious
waste, and other fuels combusted on a calendar quarter basis.
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77. If an incinerator owned and operated by a pharmaceutical company is used to bum
drugs, noninfectious trash, infectious waste, pathological waste, and low-level
radioactive waste, is it covered?
Answer: Drugs are not considered to be medical/infectious waste. Drugs are also not
considered to be hospital waste if returned to a pharmaceutical company from a hospital because
the definition of hospital waste in the Emission Guidelines excludes items returned to the
manufacturer. Because the incinerator in this case is used to burn some infectious waste, it is
covered by the EG. If the infectious waste accounts for 10 percent or less of the total waste
burned, the incinerator is considered a co-fired combustor and the facility must notify the
Administrator of an exemption claim and keep quarterly records of the weight of
medical/infectious waste and other fuels combusted. The incinerator is covered by all of the
provisions of the EG if it is used to burn more than 10 percent by weight of items considered to
be hospital waste and/or medical/infectious waste. The portions of pathological and low-level
radioactive waste that could be considered medical/infectious under the medical/infectious waste
definition in the Emission Guidelines are not included in the 10 percent determination.
78. Is an incinerator located at a hospital that burns only pathological,
chemotherapeutic, and low-level radioactive waste generated at the hospital covered
by the HMIWI rule?
Answer: Incinerators used to combust pathological waste, chemotherapeutic waste, and
low-level radioactive waste alone or in combination are exempt from most provisions of the EG.
The hospital operating the incinerator must notify the Administrator of an exemption claim, and
keep quarterly records of the periods of time when only pathological waste, chemotherapeutic
waste, and low-level radioactive waste is combusted.
79. If a facility operates two HMIWI, must the facility combine the capacity of both
units to determine overall HMIWI size?
Answer: No, HMIWI size is determined on an individual unit basis.
80. I am concerned that the definition of "medical waste" in the HMIWI rule, which is
broader than our State definition, may put pressure on the State to change its
definition. This would be a setback because under our mandatory waste reduction
planning requirements, facilities are able to recycle items that by the definition in
the Emission Guidelines would have to be treated as infectious waste.
Answer: There is a misconception that the EPA HMIWI rule somehow determines which
items in a waste stream must be "treated" and which items need not be "treated." This is an
incinerator regulation, not a waste management regulation. The only reason medical/infectious
waste is defined at all is to determine whether or not an incinerator is covered by this regulation.
For example, IV bags are considered "medical/infectious" waste under the EPA HMIWI
regulation, even if they are not infectious. If a hospital puts IV bags into an incinerator, that
incinerator is covered by the regulation. If hospitals in a State routinely recycle IV bags, there is
nothing in the EPA HMIWI rule that prohibits the hospital from continuing to recycle IV bags.
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There is no need for the State to change its definition of medical waste to coincide with EPA's
definition.
81. Subpart Ce defines "hospital/medical/infectious waste incinerator," "HMIWI," and
"HMIWI unit." However, reference is made numerous times to "designated
facility" and "affected facility". The latter terms appear to identify the same entity.
For clarity and consistency, is it acceptable to use the term
"hospital/medical/infectious waste incinerator" in place of "designated facility" and
"affected facility"?
Answer: Under the Subpart Ce guideline, the "designated facility" is each individual
HMIWI for which construction was commenced on or before June 20, 1996. Under the Subpart
EC NSPS, the "affected facility" is each individual HMIWI for which construction is commenced
after June 20, 1996 or for which modification is commenced after March 16, 1998.
Consequently, "designated facility" and "HMIWI" can be used interchangeably with respect to
existing units under the Emission Guidelines, while "affected facility" and "HMIWI" can be used
interchangeably with respect to new units under the NSPS.
OPERATOR TRAINING AND QUALIFICATION
82. Please expand on the minimum elements required for operator training?
Answer: Operator training may be obtained through a State-approved program QT by
completing and passing a training course that satisfies the requirements listed in section 60.53c(c)
through (g) of Subpart EC. In general* the operator training course described in section 60.53c(c)
through (g) of Subpart EC requires (1) 24 hours of classroom instruction, (2) an exam designed
and administered by the course instructor, and (3) reference material distributed to the attendees
covering course topics. State-approved operator training programs do not necessarily have to
meet all of the requirements specified in section 60.53c(c) through (g) of Subpart EC; however,
States must decide if a program provides adequate HMIWI operator training before granting
approval of the program.
83. What must an exam for operator training consist of and what constitutes passing?
Answer: The examination is to be designed and administered by the course instructor.
Typically the exam would cover the material presented during the training course. Each operator
training program that develops an examination is responsible for determining what grade is
acceptable for HMIWI operators to pass the course.
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84. Some HMIWI operators have been trained through a program developed in
cooperation with the equipment manufacturer and owner/operator. In some cases,
such training programs are probably more facility-specific and comprehensive than
a State-approved program. Owner/operators may be more qualified to develop a
training program. Will EPA recognize owner/operator developed program over a
State-approved program? Is EPA approval required for privately run operator
training?
Answer: Facilities are to obtain operator training through either an operator training
program that meets the requirements specified in section 60.53c(c) through (g) of Subpart EC px
through a State-approved operator training program. Thus, privately run operator training
programs are acceptable if they meet the requirements specified in section 60.53c(c) through (g)
of Subpart EC. Approval by EPA is not required for privately run operator training programs that
meet the Subpart EC requirements. Privately run operator training programs that differ from the
Subpart EC requirements must obtain approval from the State. If a State disapproves an operator
training program, then the training program will not be valid in that State and the EPA will not
step in and have the State approve the training program. If the State says nothing about the
training program and the program meets the requirements of section 60.53c(c) through (g) of
Subpart EC, then the program may be used to train HMIWI operators in that State.
85. What do States have to do to have a State operator training program instead of the
training requirements defined in Subpart EC? If a State already has an operator
training program, is it automatically approved?
Answer: State Plans must require training of HMIWI operators through the program
which meets the requirements specified in Subpart EC or by a State-approved program. A State
may develop and implement a program in lieu of the training requirements specified in Subpart EC.
State training programs are only good within the State of issuance. The training requirements
mentioned in Subpart EC are acceptable nationally.
86. Are there specific requirements for a State-run operator training program?
Answer: No, the EPA does not have specific requirements for State operator training
programs.
87. Does a trained and qualified operator have to be onsite at all times while the
incinerator is in operation?
Answer: No. The trained and qualified operator may be the supervisor of another
HMIWI operator and may be on call while the incinerator is in operation. However, the Emission
Guidelines require the trained and qualified operator to be onsite within 1 hour from the time
when a problem with the HMIWI occurs.
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88. The Emission Guidelines require that facilities comply with the operator training
requirements within 1 year after EPA approval of the State Plan. Must facilities
that intend to shut down later than 1 year from State Plan approval comply with the
operator training and qualification requirements of section 60.39e(e)?
Answer: In order to continue operating beyond 1 year from State Plan approval, a source
must comply with the requirements of the EG, including the operator training and qualification
requirements of section 60.39e(e). The source must also have increments of progress. Therefore,
yes, a source which will shut down after 1 year from State Plan approval must comply with the
operator training and qualification requirements. If a source plans to shut down within 1 year of
State Plan approval, it does not have to meet the operator training and qualification requirements
of section 60.39e(e).
COMPLIANCE, PERFORMANCE TESTING, MONITORING AND INSPECTIONS
89. What happens if a facility is in the process of retrofitting, but is not able to
demonstrate compliance with the emission limits by the 5-year deadline?
Answer: The facility must cease operation until a performance test is conducted and the
facility demonstrates compliance.
90. Will the Guideline allow previous stack test results to be reused to determine
compliance after retrofit? Can the stack test be used as part of the three consecutive
tests for HMIWI?
Answer: After retrofit, previous stack tests may not be used to determine compliance. If
there is no retrofit, stack tests performed prior to the compliance date may be used as part of the
three consecutive tests for compliance if the State determines that such tests were conducted in
accordance with the required test methods and procedures, and that operating parameter limits
(e.g., minimum scrubber liquor flow rate) can be established based on test results.
91. Who is to conduct the initial and annual equipment inspections for facilities
operating small HMIWI that meet the rural criteria?
Answer: The owner or operator of the small rural HMIWI is responsible for ensuring the
initial and annual equipment inspections are conducted. The inspection may be conducted by an
outside party or by the owner or operator. Minimum requirements for inspecting the HMIWI are
included in the Emission Guidelines. The owner or operator is to ensure that any repairs are
completed within 10 operating days following the equipment inspection unless written approval is
obtained from the State establishing a date whereby the repairs must be completed. Facilities are
required to keep records and submit annual reports of the equipment inspections.
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92. If an annual stack test shows that an HMIWI is out of compliance with the emission
limit for one pollutant, must the facility repeat stack testing for all pollutants for the
next three years or for only the pollutant that was above the emission limit?
Answer: Annual stack tests are only required for PM, HO, and CO. If an annual stack
test shows that an HMIWI is out of compliance with the emission limit for one pollutant, the
facility must only repeat stack testing for the pollutant that was above the emission limit.
93. According to what baseline should compliance with Subpart Ce be verified? For
example, 100 ppmv or 93 percent reduction in HCI emissions. What is the
93 percent reduction measured from?
Answer: The format of the standard allows a unit to demonstrate compliance either by
meeting the 100 ppmv emission limit or by showing that the air pollution control device reduces
the flue gas HCI concentration by 93 percent before it exits the stack. The percent reduction is
determined by the difference between the concentration at the inlet to the air pollution control
device and the concentration at the outlet of the air pollution control device.
94. When are units required to perform initial testing in respect to the timeline for State
Plans?
Answer: Units are required to perform initial performance test as scheduled in the State
Plan but no later than 3 1A years after approval of the State Plan or 180 days after
September 15, 2002 (whichever is earlier).
95. Regarding the use of operating parameters to define violations of emission limits,
are there specific parameter relationships defined in the rule?
Answer: Violation of a particular operating parameter does not necessarily indicate a
violation of an emission limit. However, relationships between operating parameters and emission
limits have been established for a number of pollutants. Therefore, being out of compliance with
two or more operating parameters could indicate a violation of an applicable emission limit. These
combinations of operating parameters are defined in the rule.
96. During initial testing, is there a wider emission standard that allows for
experimentation?
Answer: Sources are given 180 days to complete the initial performance test. During this
period, experimentation can be done to optimize the system. The formal initial performance test
must demonstrate compliance with the emission limits. Following the initial performance test, the
HMIWI must be operated in compliance with the emission limits at all times.
97. Will testing be required for NOX and S02?
Answer: The Emission Guidelines specify emission limits for NOX and SO2. State Plans
are to contain NOX and SO2 emission limits at least as protective as those in the Emission
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Guidelines. The Emission Guidelines do not require that State Plans include requirements for
testing of NO, and SO2. However, State Plans may include testing requirements for NOX and
SO2, thereby becoming more stringent than the Emission Guidelines.
98. Is the 10-percent opacity standard a "shaU-not-exceed-maximum-limit-for-more-
than-3-minutes-in-any-hour" standard or is it a 6-minute block average?
Answer: The opacity limit cannot exceed 10-percent on a 6-minute block average.
99. If tests are not required, how can we, the regulators, know the compliance status?
Answer: For existing HMIWI, initial emissions testing is required for the following: CO,
PM, HC1, CDD/CDF, Pb, Cd, Hg, and opacity. Repeat emissions testing is required for PM, CO,
and HC1 for the first 3 years following the initial test, and then every third year provided that the
HMIWI demonstrates compliance with the emission limits during each test. Annual testing is
required for opacity. For those small HMIWI that meet the "rural" criteria, initial testing is
required for PM, CDD/CDF, CO, Hg, and opacity. Annual inspections are required instead of
repeat stack tests for PM, HC1, and CO for small "rural" units. In addition to the testing
requirements, all existing HMIWI are required to monitor operating parameters including
secondary chamber temperature, waste feed rate, bypass stack temperature, and APCD operating
parameters as appropriate at all times during HMIWI operation.
The purpose of the above testing and monitoring requirements is to provide information
pertaining to facility compliance status. States may choose to include more extensive testing and
monitoring requirements in their State Plans if the State would like additional information
regarding facility compliance status.
100. If a facility has continuous emission monitors, can the emissions be averaged over a
period of 24 hours?
Answer: No. For purposes of demonstrating compliance, State Plans are to require
facilities using CEMS to use a 12-hour rolling average, calculated each hour as the average of the
previous 12 operating hours (not including startup, shutdown, or malfunction) as indicated in
§60.56c(c)(4)(I).
101. Can you give us a ballpark figure on what it will cost a facility to perform the initial
stack/performance test? What is the difference in cost between that test for small,
rural facilities and other HMIWI?
Answer: Initial performance testing will cost roughly $63,000 for most existing HMIWI.
For small rural HMIWI, initial testing will cost approximately $42,000. Thus, there is a difference
of about $21,000 in the costs of initial testing for most existing HMIWI and for small rural
HMIWI.
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WASTE MANAGEMENT PLANS
102. What must be included in the Waste Management Plan? By what date must
facilities complete the Waste Management Plan? How will facilities demonstrate
that the Waste Management Plan has been implemented?
Answer: State Plans are to require facilities to develop a Waste Management Plan that
identifies opportunities for recycling or reduction of wastes such as paper, plastics, cardboard,
glass, batteries, etc. The Plan may evaluate the approach, costs, feasibility, and impacts of
additional waste management measures. The purpose of the Waste Management Plan is only to
prompt facilities to seek opportunities for waste reduction and to identify wastes that could be
recycled, rather than burned. State Plans are to require faculties to submit the Waste
Management Plan no later than 60 days following the initial performance test. State Plans may
include additional requirements by which facilities demonstrate implementation of their Waste
Management Plans.
103. Are hospitals that are operating as de facto commercial treatment facilities required
to account for receipt and handling of medical waste accepted from off-site
generators in their Waste Management Plans?
Answer: Facilities operating commercial HMIWI have little control over the wastes that
are accepted from offsite locations. This is one reason why the requirements for Waste
Management Plans are somewhat open-ended. One thing that commercial facilities may be able to
do in an attempt to control the types of waste that are sent the incinerator is to advertise to their
customers what types of waste could be recycled and what types of waste should not be sent to
the incinerator. Thus, a commercial facility could indicate its strategy for advertising in its Waste
Management Plan.
104. What is the title of the AHA publication on waste reduction and where may copies
be obtained?
Answer: The title of the AHA publication that health care facilities are encouraged to
consider when developing waste management plans is "An Ounce of Prevention: Waste Reduction
Strategies for Health Care Facilities." This document is published by the American Society for
Health Care Environmental Services of the American Hospital Association, Chicago, Illinois,
1993. The AHA Catalog number is 057007. This document may be obtained by contacting AHA
Services, Inc., P.O. Box 92683, Chicago, Illinois 60675, or by calling 800-242-2626. The cost of
the document is $50.00 plus $10.95 for shipping and handling.
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PERMITS
105. When is the title V permit application due?
Answer: All affected sources, both existing and new, must submit a complete title V
permit application to the permitting authority no later than 36 months after promulgation, or,
September 15, 2000.
The exception to this deadline is an HMIWI which is already a major source and the
source already has a title V permit. In this case, if there are 3 or more years remaining on the
permit term, then the permit needs to be revised to incorporate the applicable requirements for the
HMIWI rule. If there are less than 3 years remaining on the permit term, then the permit does not
need to be revised to include the applicable requirements until permit renewal—bearing in mind
that sources are subject to the applicable requirements even though they are not yet contained in
the permit.
106. Must a "small" MWC not subject the MWC rule (burning 10 percent or less
hospital/medical/infectious waste) and only required to keep records have a title V
permit?
Answer: As of this writing (11/97), OAQPS' interpretation of part 70 is that sources
subject only to the recordkeeping and notification requirements under section 60.32e are exempt
from title V.4
107. When should an HMIWI that is already a major source for other designated
pollutants incorporate the NSPS or EG into their permit?
Answer: Sources that are subject to title V because they are subject to a section 129
standard and/or for reasons other than section 129 (e.g., they are a NOx major source) must
follow the standard title V schedule. In this case, the 5-year permit review timeframe would
determine when they incorporated the limits into their permit. See the answer to question #105.
108. Does the "maximum charge rate" need to be included in an operating permit?
Answer: According the Emission Guidelines, HMIWI size may be determined by either
the "maximum charge rate" or the "maximum design waste burning capacity." In some cases the
"maximum charge rate" may place a unit into a smaller subcategory than would the "maximum
design waste burning capacity." For the HMIWI to be considered as a unit in the smaller
subcategory, then the State would need some mechanism to bind the HMIWI to the smaller
subcategory. One way of doing this is to include the HMIWI "maximum charge rate" in an
operating permit.
"Bearing in mind that the source may still be subject to title V for a reason other than the
HMIWI rule.
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109. If a facility has multiple emission units and at least one emission units falls under
HMIWI, how would the title V (total facility) emissions be handled? What if one of
the emission units was a plasma type unit?
Answer: Plasma (pyrolysis) units are not subject to any part of the HMIWI rule and are
not required to have a title V permit. Once facilities with multiple emission units are subject to
title V, they are to develop a permit application listing all of the emission units, describing the
emissions from those units, and including all applicable requirements. This could be a daunting
task. However, EPA's first White Paper provides some relief in that facilities do not necessarily
have to speciate HAP's or regulated air pollutants that are required to be listed. For multiple
units of the same type, the facility may list the units generically. For instance, if a facility has six
of the same unit, then the facility need only describe the unit once. Otherwise, multiple HMIWI
would need to be listed in the permit application. There would only be applicable requirements
for those subject to the rule. An easier way would be to refer to the White Paper. It is on the
TTN under title V policy and guidance.
INDIAN COUNTRY
110. How do the Emission Guidelines affect facilities located within Indian country? Our
State rules are not enforceable in Indian country.
Answer: As a general matter, State rules are not enforceable in Indian country, and States
are not responsible for HMIWI implementation within Indian country. In most cases,
implementing the HMIWI rule within Indian country will be covered under a Federal Plan.
111. Are Tribes required to submit Tribal Plans for their HMIWI within 2 years of the
promulgation of the rule?
Answer: No, Tribes are not required to develop Tribal Plans for their HMIWI, though
EPA encourages Tribes to do so, and EPA will work with those Tribes that choose to develop
Tribal Plans. The EPA recognizes that due to competing priorities for environmental staff and
resource issues, most Tribes will be unable or will choose not to develop Tribal Plans. It is
expected that most Tribes will rely on a Federal Plan that will be jointly implemented by the Tribe
and the EPA Regional Office.
112. Is a Federal Plan the only way Tribes can enforce the EG for HMIWI's on their
lands?
Answer: No. Tribes may submit their Plans to EPA for approval, and EPA will approve
Tribal Plans provided the approval criteria (which include adequate legal authority and capability
of administering the program) have been met. However, most Indian Nations are expected to rely
on joint EPA/Tribal implementation of a Federal Plan.
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Appendix B
Key Elements of an Acceptable Section lll(d)/129 State Plan for HMIWI
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APPENDIX B-KEY ELEMENTS FOR AN ACCEPTABLE SECTION 11 l(d)/129
STATE PLAN FOR HMIWI
This document is provided to facilitate preparation of the required State Plans.
Section 129 of the Clean Air Act (Act) requires that States submit to the Environmental
Protection Agency (EPA) State Plans to implement and enforce the Emission Guidelines (EG)
promulgated for hospital/medical/infectious waste incinerators) (HMIWI) pursuant to
Sections 11 l(d) and 129 of the Act. Section 129 requires that the State submit the State Plans
not later than one year after EPA promulgates the EG. On September 15, 1997, EPA
promulgated the EG as 40 CFR Part 60, Subpart Ce. Thus, the State Plans are due no later than
September 15, 1998.
The official procedures for adoption and submittal of State Plans are codified in 40 CFR
Part 60, Subpart B. The EPA promulgated the Subpart B provisions on November 17, 1975.
The EPA amended them on December 19,1995, to allow the subparts developed under
Section 129 to include specifications that supersede the provisions in Subpart B regarding the
schedule for submittal of State Plans, the stringency of the emission limitations, and the
compliance schedules. That is, these amendments were promulgated in order to allow
conformity with Section 129, which requires the State Plans for HMIWI be submitted within one
year and requires the State Plans to be as protective as the EG and requires that each unit be in
compliance not later than three years after the State Plan is approved by EPA and no later than
five years after the EG is promulgated (rather than the case-by-case exceptions the State may
demonstrate as otherwise specified in Subpart B).
States must adopt their State Plans according to State procedures prior to official
submittal to EPA. [60.23 (a)] At a minimum, the State Plan must include the following
elements:
• Emission limits at least as protective as the emission limits in Subpart Ce,
• Testing and monitoring requirements at least as protective as the testing and
monitoring requirements in Subpart Ce,
• Operator training and qualification requirements at least as protective as the
operator training and qualification requirements in Subpart Ce,
• Requirements for facilities to develop a waste reduction plan at least as protective
as the waste reduction plan described in Subpart Ce,
• Recordkeeping and reporting requirements at least as protective as the
recordkeeping and reporting requirements in Subpart Ce,
• A final compliance date no later than September 15, 2002
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A demonstration of the State's legal authority to carry out the Section 11 l(d)/129
State Plan as submitted,
Demonstration of approval of State's legal authority by Administrator,
An inventory of HMIWI in the State affected by the Emission Guidelines,
An inventory of emissions from HMIWI in the State,
Compliance schedules, extending no later than September 15, 2002,
Provision for annual State progress reports to EPA on implementation of the State
Plan,
A record of public hearing(s) on the State Plan, and
A due date for Title V permit applications.
The following pages include information about public participation, legal authority,
emission standards and other emission limitations, compliance schedules, emission inventories,
source surveillance, compliance assurance, enforcement, and cross-references to the EG.
A. Public Participation
Public participation, under the Clean Air Act, is an important right and responsibility of
citizens in the State process of developing, adopting, and implementing the required
Section 11 l(d)/129 State Plans. Under 40 CFR Part 60, Subpart B, the minimum requirements
for the State to conduct public hearings on the adoption of State Plans and any revisions thereof
are as follows:
1. Reasonable notice of one or more public hearing(s) at least 30 days prior to the
hearing(s). [60.23(d)J
2. One or more public hearing(s) on the State Plan (or revisions) conducted in
location(s) within the State. [60.23(c)(l)J
3. Date, time and place of hearing(s) prominently advertised in each region affected.
[60.23(d)(l)J "Region" is defined as "air quality control region". [60.21(i)J
4. Availability of draft State Plan for public inspection in at least one location in
each region to which it will apply. [60.23(d)(2)J
5. Notice of hearing provided to: (a) EPA Regional Administrator, (b) local affected
agencies, and (c) other States affected. [60.23(d)(3),(4),&(5)]
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6. Retention of hearing records (e.g., list of commentors and their affiliation and
summary of each presentation and comments submitted and the State's responses
to those comments) for at least 2 years. (60.23(e) and (f)]
1. Certification that public participation was conducted in accordance with
Subpart B and State procedures. [60.23(f)J Upon written application by the State
agency, EPA may (expected only for limited special cases) approve different
procedures provided that they ensure adequate public participation. [60.23(g)J
No hearing is required on a State or local emission standard in effect prior to
September 15, 1997, the effective date of Subpart Ce, if it was adopted after a public hearing and
is at least as stringent as the emission guideline. [60.23(c)(3)J
Similarly, no public hearing is required for any change to an increment of progress unless
the change is likely to cause the facility to be unable to comply with the final compliance date.
[60.23(c)(2)J
B. Legal Authority [60.26(a)J
1. The State Plan shall include demonstration of the State's legal authority to:
(a) adopt emission standards (enforceable conditions) and compliance
schedules applicable to the designated facilities and designated pollutants
for which the State Plan is submitted
(b) enforce applicable laws, regulations, standards, and compliance schedules,
and seek injunctive relief
(c) obtain information necessary to determine compliance
(d) require recordkeeping, make inspections, and conduct tests
(e) require the use of monitors and require emission reports of owners or
operators
(0 make emission data publicly available
[60.26(a)J
2. The State must specifically identify the provisions above and include copies of the
provisions of the law establishing such legal authority unless they have been
approved as a portion of a previous SIP. To facilitate its review of State Plans,
EPA encourages States to submit an opinion by the State's Attorney General as
part of the demonstration required above. States may use previously submitted
Attorney General opinions (e.g., under Title V) to the extent those documents
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specifically address the requirements of Section 60.26 as they apply to the
designated facilities and the designated pollutants. [60.26(b)J
3. The legal authority shown must be in effect at time of State Plan submission.
[60.26(c)]
4. The State may authorize another State governmental agency to carry out a portion
of the State Plan, provided the State demonstrates that the State governmental
agency has adequate authority. [60.26(e)J
5. The State may authorize a local agency to carry out a portion of the State Plan
provided that the State demonstrates that the local agency has adequate legal
authority to implement that portion of the State Plan and the State is not relieved
of responsibility. [60.26(e)J
C. Emission Standards and other Emission Limitations
1. The emission limitations must be at least as protective as the EG. If the
limitations are not identical, the State must demonstrate that the standards are at
least as protective. [60.24(f), as revised December 19, 1995, to be consistent with
Section 129 of the Act and 60.33e ofSubpart Ce]
NOTE: Nothing in the Clean Air Act nor the CFR restricts the State from having standards and
schedules more stringent than the EG. [60.24(g)]
2. The State Plan shall include the specific emission limitations, preferably cross-
referenced to the specific EG requirements. [60.24(a)J
3. Test methods and procedures for determining compliance shall be specified.
[60.24(b)2)]
4. If the methods and procedures are not identical to those in Section 60.56c, the
State must demonstrate equivalence or request EPA approval of acceptable
alternatives per current EPA method review procedures. [60.24(b)(2)J
5. If emission standards are adopted by local agencies or other State agencies, they
must also be included in the State Plan and if not identical to the EG, then the
State must show that they are at least as protective as the emission guidelines.
[60.24(a)J
D. Compliance Schedules
1. Compliance schedules must match the Ce and B specifications. [Subpart Ce,
60.39e]
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2. For compliance schedules extending more than 12 months beyond the date of
EPA approval of the State Plan, the compliance schedule must include legally
enforceable increments of progress towards compliance for that HMIWI. Each
increment of progress in Section 60.2 l(h) of Subpart B must have a compliance
date and must be included as an enforceable increment in the State Plan. The
State Plan may include such additional increments of progress as may be
necessary to permit close and effective supervision of progress towards final
compliance. [60.24(e)(l), 60.21(h), & 60.39e]
The minimum five increments of progress are as follows:
(a) Submittal of Final Control Plan; (This may be a brief document or letter
describing the controls that the source will use to comply with the
emission limitations and other requirements. Most likely, the source,
public, and State will have discussed this information as part of the State
process for development of the compliance schedule for the draft State
Plan prior to submittal of the State Plan to EPA.) [60.21(h)(l)]
(b) Awarding of contracts for controls systems or process modifications or
orders for purchase of components; [60.2J(h)(2)j
(c) Initiation of on-site construction or installation of the air pollution control
device(s) or process changes; [60.21(h)(3)]
(d) Completion of on-site construction or installation of control equipment or
process changes; [60.2J(h)(4)]
(e) Final compliance. [60.21(h)(5)J
The first four of these increments of progress can be set as calendar dates or floating dates
tied to the date of the approval of the State Plan or the date of permit issuance, if a permit is
required. For example, the date for submitting a final control plan could be set as three months
following approval of the State Plan. If an increment of progress is set based on the date of
permit issuance the State Plan must identify the specific permit.
The fifth increment of progress, the date for final compliance, can be set as a calendar
date or a floating date, but if it is floating, it can be tied only to the date of approval of the State
Plan, not the date of permit issuance, and must include the limitation that the date can in no case
be later than September 15, 2002.
3. Suggested measurable and enforceable activities are listed in 60.39e(c)(l) through
(9) (60 FR 48381). The State may choose to include them in the State Plan as
enforceable increments of progress with compliance dates, or as non-enforceable
increments of progress with reporting requirements only, or choose to leave them
out of the State Plan.
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The suggested increments of progress activities are:
(a) Date for submitting a petition for site specific operating parameters;
(b) Date for obtaining services of an architectural and engineering firm
regarding the air pollution control device(s);
(c) Date for obtaining design drawings of the air pollution control device(s);
(d) Date for ordering the air pollution control device(s) [already required
where practicable by 60.24(e)(l) and 60.21(h)(l)];
(e) Date for obtaining the major components of the air pollution control
device(s);
(f) Date for initiation of site preparation for installation of the air pollution
control device(s) f already required where practicable by 60.24(e)(l) and
60.2J(h)(l)];
(g) Date for initiation of installation of the air pollution control device(s);
(h) Date for initial startup of the air pollution control device(s);
(i) Date for initial compliance test(s) of the air pollution control device(s);
The EPA strongly recommends that activities (h) and (i) be included in the compliance
schedules. Performance tests must be conducted within 180 days after the final retrofit, and the
report of the test results must be submitted within 60 days after the test is conducted. The test
results will demonstrate whether or not the HMIWI is in compliance with the emission standards.
This performance test timing is consistent with other EPA air regulations for existing sources,
such as the Part 63 NESHAP general provisions. The EPA also strongly encourages States and
HMIWI owners or operators to conduct preliminary performance tests at least 2-3 months prior
to the scheduled final compliance date in order for the HMIWI to make any necessary shakedown
changes and retest(s), as necessary, prior to the final compliance date.
4. The State Plan may include one set of increments with compliance dates
applicable to all HMIWI, or the State Plan may vary the compliance dates to
address specific issues relevant to individual facilities. However, the enforceable
increments of progress must be arranged chronologically and the compliance dates
must be set to ensure full compliance with the applicable requirements as.
e.\peditiousl\ as practicable. [60.24(c)] For example, a State Plan that requires
an HMIWI to "submit a final control plan and to award contracts no later than the
third year of the compliance schedule" will be closely examined to determine
whether the State is requiring the HMIWI to comply as expeditiously as
practicable.
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E. Emission Inventories
The State Plan must include an "emission inventory" of all designated pollutants for all
designated facilities. [60.25(a)J
Emission data must be included where available but estimates can be used where data are
not currently available. Emission factors and default values are described in this Summary
Document.
In addition to the initial inventory, updates are required. [60.25(f)(5] The updated
information is required to be submitted annually in the 51.321 reports. [60.24(e)(l)] The
emission data should be submitted to the Aerometric Information Retrieval System (AIRS)
[51.321-51.323]
F. Source Surveillance. Compliance Assurance & Enforcement
The State Plan must provide for monitoring the status of compliance. As a minimum, the
State Plan shall include:
1. Provisions for legally enforceable procedures to:
(a) require recordkeeping on nature and amount of emissions and reports to
the State. [60.25(b)(l)]
(b) require any additional information to judge compliance. [60.25(b)(l)]
2. Provisions for periodic inspection and testing, if necessary. [60.25(b)(2)J
3. Provisions for emission data and other compliance monitoring information to be
correlated with applicable emission standards and be made available to the public.
"Correlated" means showing the relationship between the measured or estimated
amounts of emissions and the amounts of such emissions allowable. For example,
the emissions should be in the same units and averaging times. [60.25(a) and (c)]
4. HMIWI Requirements for Testing, Monitoring, Recordkeeping, and Reporting
that are identical to those specified in 60.37e and 60.38e. [Subpart Ce]
5. Specific identification of the provisions in 1 through 4 above. Copies of such
provisions should be included unless they have been approved as portions of a
preceding Section 11 l(d)/129 State Plan or State Implementation Plan (SIP) and
the State demonstrates that the provisions are applicable and the requirements of
60.26 (legal authorities) are met. [60.25(d)J
6. Commitment to submit reports on progress in plan enforcement to the EPA
Regional Administrator on an annual basis and include it in the reports required
by 51.321. [60.25(e) and (f)] Each progress report shall include: enforcement
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actions, achievement of increments of progress, identification of sources that have
ceased operation, emission inventory information for sources that were not in
operation at the time of plan development, updated emission inventory and
compliance information, and copies of technical reports on all performance
testing, including concurrent process data. [60.25(f)(l) through 60.25(f)(6)]
Note: Some States and Regions have developed more specific or tailored reporting and
recordkeeping procedures via Memoranda of Agreements, Program Specific Guidance for
Section 105 Grants, and the Timely and Appropriateness Guidance that should also be followed.
For example, some regions prefer that the State retain the performance test report until the
region needs to review it as part of a compliance determination or other action.
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Appendix C
Emission Guideline Fact Sheet (40 CFR 60 Subpart Ce)
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FACT SHEET
Existing Hospital/Medical/Infectious Waste Incinerators ~
(formerly known as medical waste incinerators or MWI)
Promulgated Subpart Ce Emission Guidelines
APPLICABILITY
The subpart Ce emission guidelines apply to existing HMIWI1 that commenced
construction on or before June 20, 1996. The intent of the guidelines is to initiate State action to
develop State regulations controlling emissions from existing HMIWI. The State regulations
developed in response to these emission guidelines will apply to about 2,400 existing HMIWI.
BACKGROUND
This action adds subpart Ce to 40 CFR part 60. Subpart Ce promulgates emission
guidelines and compliance schedules for use by States in developing State regulations to control
emissions from existing HMIWI. The promulgated guidelines implement sections 11 l(d) and
129 of the Clean Air Act. Section 129 requires the Administrator to establish emission
guidelines pursuant to section 111 and 129 for HMIWI. Through the State regulations, the
guidelines require existing HMIWI to control emissions of air pollutants to levels that reflect me
degree of emission reduction based on MACT. In addition, the guidelines include requirements
for waste management and HMIWI operator training and qualification.
POLLUTANTS REGULATED
Consistent with section 129 of the Clean Air Act, the subpart Ce emission guidelines
include numerical emission limits for PM, opacity, CO, dioxin/furan, HC1, SO-,, NOX, Pb, Cdr
and Hg.
EMISSION GUIDELINES
The emission guidelines will reduce emissions from HMIWI by requiring States to
develop regulations limiting emissions from existing HMIWI. The numerical emission limits
and other provisions of the guidelines are summarized in the attached emission guidelines
summary table.
NATIONAL COSTS
It is expected that many facilities which currently operate onsite incinerators will switch
to less expensive methods of treatment and disposal when faced with the compliance costs
associated with the emission guidelines. Under this scenario, the total annual cost increase to
implement the emission guidelines is estimated to range from $59 million/yr to $120 million/yr,
depending on the amount of switching that takes place. The overall nationwide cost increase per
unit of waste treated is estimated to range from $77 to $156/Mg. These costs represent the total
cost increase for the guidelines over current baseline conditions.
!Note: abbreviations are defined at the end of this fact sheet.
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NATIONAL EMISSION REDUCTIONS
The guidelines are expected to reduce emissions from existing HMIWI as follows:
Pollutant
PM, Mg/yr
CO, Mg/yr
total dioxin/ furan ,
g/yr
dioxin/furan TEQb,
g/yr
HC1, Mg/yr
S02, Mg/yr
NOX, Mg/yr
Pb, Mg/yr
Cd, Mg/yr
Hg, Mg/yr
Baseline
emissions
940
460
7,200
148
5,700
250
1,200
11
1.2
14.5
Nationwide emission
reduction
820 to 870
340 to 380
6,900 to 7,000
141 to 143
5,600
Oto74
0 to 350
8.6 to 9.4
0.91 to 1.0
13.5 to 13.8
Nationwide emission
reduction (percent)3
88% to 92%
75% to 82%
96% to 97%
95% to 97%
98%
0% to 30%
0% to 30%
80% to 87%
75% to 84%
93% to 95%
a These reductions represent reductions from the regulatory baseline. Percent reductions have
been calculated based on the actual (unrounded) values for baseline emissions and nationwide
emissions reduction.
Total dioxin/furan reflects total tetra- through octa- chlorinated dibenzo-p-dioxins and
dibenzofurans, as measured by EPA Reference Method 23. TEQ reflects the toxic equivalent
quantity of 2,3,7,8-tetrachlorinated dibenzo-p-dioxin using international toxic equivalency
factors.
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
Applicability
• As discussed earlier, the promulgated guidelines apply to existing HMIWI units. An HMIWI
is defined as any device which burns any amount of hospital waste or medical/infectious waste
(see the regulatory text for definitions). However, certain exemptions apply, as follows:
Combustors subject to subpart Cb, Ea, or Eb (standards and guidelines for certain
municipal waste combustors) are not subject to subpart Ce, regardless of the amount of
hospital waste or medical/infectious waste burned.
Combustors subject to a section 3005 permit under the Solid Waste Disposal Act are not
subject to subpart Ce.
Devices that co-fire hospital waste and/or medical/infectious waste with other fuels or
wastes and combust 10 percent or less hospital waste and medical/infectious waste by
weight (on a calendar quarter basis) are exempt from the guidelines, but must notify the
Administrator of an exemption claim and keep records of fuels and wastes combusted.
For purposes of calculating the 10 percent hospital and medical/infectious waste, three
types of waste (pathological waste, low-level radioactive waste, and chemotherapeutic
waste) are considered "other" waste, even if they meet the definition of hospital waste or
medical/infectious waste.
The guidelines do not apply during periods when only pathological, low-level radioactive,
and/or chemotherapeutic waste is being burned. The facility must keep records indicating
the time periods when only these wastes were combusted.
• The HMIWI source category is divided into three subcategories based on waste burning
capacity: small (<200 Ib/hr), medium (>200 to 500 Ib/hr), and large (>500 Ib/hr). Size may
be determined by the maximum design capacity or by establishing an enforceable limit (the
"maximum charge rate") on the amount of waste burned per hour. In other words, sources
may change their size designation by establishing a maximum charge rate that is less than their
design capacity. Separate emission limitations apply to each subcategory of existing HMIWI.
• The guidelines contain optional (less stringent) emission limits for small "remote" HMIWI
that are: (1) located more than 50 miles from the nearest Standard Metropolitan Statistical
Area, and (2) burn less than 2,000 pounds of waste per week.
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
Numerical Emission Limits:
• The guidelines establish a 10 percent opacity limit for all existing HMIWI
• Pollutant emission limits for small existing HMIWI are as follows
(corrected to 7 percent O2):
Pollutant
PM
CO
dioxin/furanb
HC1
SO2
NOX
Pb
Cd
Hg
Emission limit
115 mg/dscm
40 ppmdv
2.3 ng/dscm TEQ or 125
ng/dscm total dioxin/furanb
100 ppmdv or 93 percent
reduction
55 ppmdv
250 ppmdv
1.2 mg/dscm or 70 percent
reduction
0.16 mg/dscm or 65 percent
reduction
0.55 mg/dscm or 85 percent
reduction
Basis
low efficiency wet scrubber3 or
DI/FF3 or SD/FFa
good combustion
wet scrubber3 or DI/FF with
carbon3 or SD/FF with carbon3
wet scrubber3 or DI/FF3 or
SD/FF3
no control
no control
wet scrubber3 or DI/FF3 or
SD/FF3
wet scrubber3 or DI/FF3 or
SD/FF3
wet scrubber3 or DI/FF with
carbon3 or SD/FF with carbon3
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
See Footnotes on page 10
Numerical Emission Limits (continued):
• Optional pollutant emission limits for existing small "remote" HMIWI are as follows
(corrected to 7 percent O2):
Pollutant
PM
CO
dioxin/furan
HC1
SO2
NOX
Pb
Cd
Hg
Emission limit
197mg/dscm
40 ppmdv
15ng/dscmTEQor800
ng/dscm total dioxin/furanb
3,100 ppmdv
55 ppmdv
250 ppmdv
10 nig/dscm
4 mg/dscm
7.5 mg/dscm
Basis
good combustion
good combustion
good combustion
no control
no control
no control
no control
no control
Hg separation
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
See Footnotes on page 10
Numerical Emission Limits (continued):
• Pollutant emission limits for medium existing HMIWI are as follows
(corrected to 7 percent O2):
Pollutant
PM
CO
dioxin/furan
HC1
SO2
NOX
Pb
Cd
Hg
Emission limit
69 mg/dscm
40 ppmdv
2.3 ng/dscm TEQ or 125
ng/dscm total dioxin/furanb
100 ppmdv or 93 percent
reduction
55 ppmdv
250 ppmdv
1.2 mg/dscm or 70 percent
reduction
0.16 mg/dscm or 65 percent
reduction
0.55 mg/dscm or 85 percent
reduction
Basis
moderate efficiency wet
scrubbed or DI/FFa or SD/FF3
good combustion
wet scrubber2 or DI/FF with
carbona or SD/FF with carbona
wet scrubber2 or DI/FF* or
SD/FF3
no control
no control
wet scrubber2 or DI/FF3 or
SD/FF3
wet scrubber2 or DI/FF3 or
SD/FFa
wet scrubber3 or DI/FF with
carbon3 or SD/FF with carbon3
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
See Footnotes on page 10
Numerical Emission Limits (continued):
• Pollutant emission limits for large existing HMIWI are as follows
(corrected to 7 percent O2):
Pollutant
PM
CO
dioxin/furan
HC1
SO2
NOX
Pb
Cd
Hg
Emission limit
34 mg/dscm
40 ppmdv
2.3 ng/dscm TEQ or 125
ng/dscm total dioxin/furan
100 ppmdv or 93 percent
reduction
55 ppmdv
250 ppmdv
1.2 mg/dscm or 70 percent
reduction
0.16 mg/dscm or 65 percent
reduction
•
0.55 mg/dscm or 85 percent
reduction
Basis
high efficiency wet scrubber3
or DI/FF3 or SD/FF3
good combustion
wet scrubber3 or DI/FF with
carbon3 or SD/FF with carbon3
wet scrubber3 or DI/FF3 or
SD/FF3
no control
no control
wet scrubber3 or DI/FFa or
SD/FF3
wet scrubber3 or DI/FF3 or
SD/FF3
wet scrubber3 or DI/FF with
carbon3 or SD/FF with carbon3
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
See Footnotes on page 10
Compliance Testing/Monitoring Requirements
• PM, CO, dioxin/furan, HC1, Pb, Cd, Hg, and opacity --
Compliance test by EPA Reference Method 5 (PM), 10
or 10B (CO), 23 (dioxin/furan), 26 (HC1), 29 (Pb, Cd,
and Hg), and 9 (opacity)
• CO - Compliance test by EPA Reference Method 10
or 10B
• PM -- Compliance test by EPA Reference Method 5
• HC1 -- Compliance test by EPA Reference Method 26
• Opacity -- Compliance test by EPA Reference Method
9
Initial stack test
Annual or third yearc stack test
Annual or third yearc stack test
Annual or third yearc stack test
Annual stack test
For small existing HMIWI meeting the "remote" criteria, annual inspections are required
instead of repeat stack tests for PM, CO, and HC1.
The guidelines require that a designated facility monitor HMIWI and APCD operating
parameters. Operating parameter limits are established during the initial performance test.
The HMIWI operating parameters to be monitored include charge rate, secondary chamber
temperature, and bypass stack temperature. An HMIWI equipped with a dry scrubber (DI/FF
or SD/FF) must monitor dioxin/furan and Hg sorbent (e.g., carbon) flow rate, HC1 sorbent
(e.g., lime) flow rate, and fabric filter inlet temperature. An HMIWI equipped with a wet
scrubber must monitor pressure drop across the system (or horsepower or amperage), liquor
flow rate and pH, and the flue gas temperature. An HMIWI equipped with a combined
dry/wet scrubber must monitor all of the parameters listed above.
Operation of the facility outside established parameter limits are direct violations of the
parameter limits. In addition, under certain conditions, operation outside established
parameter limits constitute violations of specific emission limits unless the facility conducts a
performance test showing compliance under the new operating parameter limits.
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
See Footnotes on page 10
Operator Training/Qualification Requirements
• The guidelines require that each facility have at least one trained and qualified operator on
duty or on-call. The trained and qualified HMIWI operator must pass an HMIWI operator
training course which is either State-approved or meets the requirements specified in the
guidelines. Also, each facility is to develop site-specific information regarding HMIWI
operation. Each employee involved with the operation of the HMIWI is required to review the
operating information developed for the HMIWI. The site-specific information is required to
be reviewed annually.
Waste Management
• The guidelines require facilities to develop a waste management plan that identifies the
feasibility and approach to separate certain components of the medical/infectious waste stream
and hospital waste stream.
Compliance Schedule
• State plans are required to include one of the following two schedules for full compliance with
the State plan: (1) full compliance with the emission guidelines within 1 year after EPA
approval of the State plan; or (2) full compliance with the State plan within 3 years after EPA
approval of the State plan, provided the State Plan includes measurable and enforceable
incremental steps of progress that will be taken to comply with the State plan.
• The guidelines require compliance with the operator training and qualification, inspection, and
waste management plan requirements within 1 year after the date of EPA approval of a State
plan.
• If an approved State plan is not in place by the date two years after promulgation of the
emission guidelines, EPA must develop a Federal Plan. The Clean Air Act requires that all
sources be in compliance with the State or Federal Plan by the date five years after
promulgation of the emission guidelines. Note that while the guidelines were signed by the
EPA Administrator on August 15, 1997, the official date of "promulgation" is the date of
publication in the Federal Register. At the time this fact sheet was prepared, the guidelines
had been signed but not yet published in the Federal Register.
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EMISSION GUIDELINES SUMMARY TABLE (subpart Ce)
(continued)
Reporting and Recordkeeping
• The emission guidelines require owners of existing facilities to maintain thorough records
documenting the results of the initial and annual performance tests, continuous monitoring of
site-specific operating parameters, initial and annual inspection, compliance with the operator
training and qualification requirements, and the waste management plan. These records must
be kept on file for at least 5 years.
• The emission guidelines require owners or operators to submit the results of the initial and
annual maintenance inspections and the results of the initial performance test and all
subsequent performance tests. Additionally, reports on emission rates or operating parameters
that have not been obtained or that exceed applicable limits must be submitted on a semi-
annual basis. If no exceedances occur during a semi-annual period, the owner of the
designated facility is required to submit an annual report stating that no excceedances
occurred. All reports must be signed by the facilities manager.
Footnotes for Emission Guideline Summary Table:
a Includes good combustion
b Dioxin/furan are measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and
dibenzofurans, and then TEQ is determined using international toxicity equivalency factors as
specified in the guidelines.
c Except for small existing HMIWI meeting the "remote" criteria, emissions of PM, CO, and
HC1 must be determined by an annual stack test. However, if an HMIWI passes all three
annual compliance tests in a 3-year period, then the HMIWI may forgo testing for the next
2 years. If any subsequent test indicates noncompliance, then annual testing would again be
needed until three annual tests in a row indicate compliance.
C-10
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Abbreviations used in this Fact Sheet and Summary Table
APCD =
Cd =
dioxin/furan =
C0 =
DI/FF =
EPA =
g =
HC1 =
Hg =
HMIWI =
lb/hr =
MACT =
Mg =
mg/dscm =
ng/dscm =
NOX =
02 =
Pb =
PM =
ppmdv =
SO2 =
SD/FF =
TEQ =
yr =
Air Pollution Control Device
cadmium
dibenzo-p-dioxins and dibenzofurans
carbon monoxide
dry injection/fabric filter
United States Environmental Protection Agency
gram
hydrogen chloride
mercury
hospital/medical/infectious waste incinerator(s)
pounds per hour
maximum achievable control technology
megagram
milligrams per dry standard cubic meter
nanograms per dry standard cubic meter
nitrogen oxides
oxygen
lead
paniculate matter
parts per million by dry volume
sulfur dioxide
spray dryer/fabric filter
toxic equivalency of 2,3,7,8-tetrachlorinated dibenzo-p-dioxin
year
NOTE: The fact sheets, along with the final regulations and some other documents pertaining to
hospital/medical/infectious waste incinerators, are available on the Internet at
"http://www.epa.gov/ttn/oarpg/rules.html" under the file name "mwifinal.zip"
C-ll
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Appendix D
Applicability of the HMIWI Emission Guidelines
Dl - Applicability Flowchart
D2 - HMIWI Capacity Determination
D3 - Small Rural Criteria
-------
Appendix Dl
Applicability Flowchart
-------
APPENDIX D1--APPLICABILITY FLOWCHART
The HMIWI Emission Guidelines apply to individual HMIWI for which construction was
commenced on or before June 20,1996. Hospital/medical/infectious waste incinerators which
commenced construction after June 20, 1996 are not subject to the Emission Guidelines, but are
subject to the Subpart EC New Source Performance Standards. An HMIWI is any device which
combusts any amount of hospital waste and/or medical/infectious waste (as defined in §60.5 Ic of
Subpart EC). There are several exemptions to the HMIWI Emission Guidelines as noted below.
Combustors are not subject to the Emission Guidelines during periods when only
pathological, low-level radioactive, and/or chemotherapeutic waste (all defined in §60.5 Ic of
Subpart EC) are being burned provided that facilities operating such combustors notify the
Administrator of an exemption claim; and keep records of the periods of time when only these
wastes are burned.
Similarly, co-fired combustors are not subject to the Emission Guidelines provided that
facilities operating such combustors notify the Administrator of an exemption claim; provide an
estimate of the weight of hospital waste, medical/infectious waste, and other fuels and/or wastes
combusted; and keep quarterly records of the amount of hospital waste and medical/infectious
waste, and other fuels burned. Co-fired combustors are defined in §60.5 Ic of Subpart EC as units
which combust 10 percent or less by weight (of the fuel feed) hospital waste and
medical/infectious waste as measured on a calendar quarter basis. Although pathological,
chemotherapeutic, and low-level radioactive wastes sometimes meet the definition of hospital
waste or medical/infectious waste, they are considered "other fuels and/or wastes" when
calculating the amount of hospital waste and medical/infectious waste burned in a co-fired
combustor.
Combustors required to have a permit under Section 3005 of the Solid Waste Disposal
Act; combustors subject to Subparts Cb, Ea, or Eb (MWC larger than 250 tons/day); and cement
kilns firing hospital and/or medical/infectious waste are not subject to the HMIWI Emission
Guidelines. Furthermore, pyrolysis units are not subject to the Emission Guidelines. Pyrolysis is
defined in §60.5 Ic of Subpart EC as the endothermic gasification of hospital waste and
medical/infectious waste using external energy.
An applicability flowchart (Figure D-1) is provided below to summarize the applicability
of the Emission Guidelines to the various types of combustors which may combust items that
could be considered as hospital waste and/or medical infectious waste. Generally, the HMIWI
Emission Guidelines apply to incinerators located at hospitals, commercial medical waste
incinerators, and other incinerators used primarily for burning hospital waste and/or
medical/infections waste. However, there are many types of combustion systems that may burn
small amounts of waste that could be considered as hospital waste or medical/infectious waste
under the promulgated definitions of these wastes in the HMIWI Emission Guidelines. The
purpose of the HMIWI Emission Guidelines is not to cover every system that may bum a few
items that could be considered as hospital or medical/infectious waste. Therefore, EPA has
attempted to exclude most combustion systems not intended to primarily combust hospital waste
or medical/infectious waste from coverage under the HMIWI Emission Guidelines through either
D-l
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an outright exemption or through the cofired combustor provision. The EPA has announced that
regulations for other solid waste incinerators will be developed by the year 2000. Thus, burning
of hospital waste or medical/infectious wastes in other solid waste incineration units will be
covered by regulations developed within the next few years. The following questions and
answers attempt to clarify how certain types of combustors are either included or excluded from
the HMIWI Emission Guidelines.
D-2
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Does the incinerator combust any hospital
waste or medical/infectious waste, including
any pathological, low-level radioactive, or
chemotherapeutic waste meeting the hospital
waste or medical/infectious waste definition?
[not including pyrolysis units or cement kilns]
No
Yes
Is the incinerator subject to a Section 3005 permit
under the Solid Waste Disposal Act, or subject to
40 CFR 60 subpart Cb, Ea, or Eb (MWQ?
Yes
No
Does the incinerator combust 10 percent or less
hospital waste and medical/infectious waste (by
weight) on a calendar quarter basis (pathological ,
low-level radioactive, and chemotherapeutic waste
are considered "other fuels and/or wastes" when
calculating the amount of hospital and
medical/infectious waste burned)?
No
T
Yes
Does the incinerator combust only pathological
waste, low-level radioactive waste, and/or
chemotherapeutic waste?
Yes
No
The incinerator is not subject to
subpart Ce or EC. No recordkeeping
is required.
The incinerator is not subject to
subpart Ce or EC. No recordkeeping
is required.
The incinerator is not subject to
subpart Ce or EC, but must notify
the Administrator of an exemption
claim and keep records of fuels and
wastes combusted.
The incinerator is not subject to
subpart Ce or EC, but must notify the
Administrator of an exemption claim
and keep records of the periods of time
when only these wastes are combusted.
The incinerator is subject to all requirements of subpart Ce or EC. However, incinerators subject to
subpart Ce or EC are exempt from the requirements of subpart Ce or EC during periods when only
pathological waste, low-level radioactive waste, and/or chemotherapeutic waste are combusted, provided
they notify the Administrator of an exemption claim and keep records.
Figure D-1. Applicability Flowchart for HMIWI.
D-3
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Appendix D2
HMIWI Capacity Determination
-------
APPENDIX D2 - HMIWI CAPACITY DETERMINATION
The HMIWI Emission Guidelines contain different emission limitations for the three
HMIWI subcategories: small, medium, and large. The three HMIWI subcategories are based on
waste burning capacity (pound per hour [lb/hr]). The small subcategory consists of HMIWI that
burn less than or equal to 200 pounds of waste per hour (< 200 lb/hr). The medium subcategory
includes HMIWI that burn between 200 and 500 pounds of waste per hour (> 200 to < 500 lb/hr).
The large subcategory includes HMIWI that burn more than 500 pounds of waste per hour (> 500
lb/hr).
Generally, there are three different HMIWI design types: batch, intermittent, and
continuous. These design types differ in the methods used to charge waste and remove ash. In
batch HMIWI, neither waste charging nor ash removal can occur during combustion.
Intermittent HMIWI are designed to allow waste charging, but not ash removal, during
combustion. Continuous HMIWI are designed to allow waste charging and ash removal during
combustion.
Due to the differences in waste charging techniques, the methods for determining the
maximum design waste burning capacity and maximum charge rate (defined in §60.51c of
Subpart EC) are different for batch HMIWI than for continuous and intermittent HMIWI. Either
the maximum design waste burning capacity or the maximum charge rate may be used to
determine the HMIWI subcategory.
For continuous and intermittent HMIWI, maximum charge rate is defined in Subpart EC
as 110 percent of the lowest 3-hour average charge rate measured during the most recent
performance test demonstrating compliance with the emission limits. Table D-l presents an
example of the maximum charge rate calculation for an intermittent HMIWI with two days of
initial test data.
Maximum design waste burning capacity is defined for continuous and intermittent
HMIWI with the following formula:
C = Pvx (15,000/8,500)
where:
C= HMIWI capacity (lb/hr),
Pv = primary chamber volume (ft3),
15,000 = primary chamber heat release rate factor (Btu/ft3/hr), and
8,500 = standard waste heating value (Btu/lb).
For batch HMIWI, the maximum charge rate is defined in Subpart EC as 110 percent of
the lowest daily charge rate measured during the most recent performance test demonstrating
compliance with the emission limits. For example, suppose a batch HMIWI was charged with
1,400 Ib on day 1 and 1,700 Ib on day 2 of an initial compliance test. The maximum charge rate
for this HMIWI would be 110 percent of 1,400 Ib/day (the lowest daily charge rate) or
l,5401b/day.
D-5
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TABLE D-1. MAXIMUM CHARGE RATE
EXAMPLE CALCULATION
Charge log (Ib/hr)
345
376
359
341
387
361
368
337
329
358
362
343
364
381
3-hour average (Ib/hr)
~
—
360
359
362
363
372
355
345
341
350
354
356
363
.xjwest 3-hour average charge rate during initial testing =
341 Ib/hr
Maximum charge rate = 1.1 x 341 = 375 Ib/hr
Maximum design waste burning capacity is defined for batch HMIWI with the following
formula:
where:
C =
PV =
4.5 =
8 =
C = Pv x (4.5/8)
HMIWI capacity (Ib/hr),
primary chamber volume (ft3),
waste density (lb/ft3), and
typical hours of operation for a batch HMIWI (hr).
Table D-2 summarizes the criteria specified in the Emission Guidelines for maximum
design waste burning capacity and for maximum charge rate for the three HMIWI subcategories.
D-6
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TABLE D-2. SUMMARY OF CRITERIA FOR DETERMINING HMIWI SIZE CATEGORY
AS STATED IN THE EMISSION GUIDELINES
Size Criteria
Maximum design waste burning capacity
(Ib/hr)
Maximum charge rate for batch HMIWI
(Ib/day)
Maximum charge rate for intermittent and
continuous HMIWI (Ib/hr)
HMIWI Subcategory
Small
<200
<1,600
<200
Medium
>200 and <500
> 1,600 and <4,000
>200 and <500
Large
>500
>4,000
>500
For convenience, Table D-3 presents the range of primary chamber volumes for each
subcategory for batch and continuous/intermittent HMIWI. These primary chamber volumes
were obtained from the above equations for maximum design waste burning capacity for each
subcategory.
TABLE D-3. PRIMARY CHAMBER VOLUMES FOR USE IN DETERMINING
MAXIMUM DESIGN WASTE BURNING CAPACITY
HMIWI Type
Primary chamber volume for batch
HMIWI (ft3)
Primary chamber volume for intermittent
or continuous HMIWI (ft3)
Maximum design waste burning capacity (Ib/hr)
<200a
<356
<113
>200 to < 500b
> 356 to < 889
> 1 13 to < 283
>500C
>889
>283
aSmall HMIWI subcategory.
bMedium HMIWI subcategory.
cLarge HMIWI subcategory.
In cases where the maximum design waste burning capacity places an HMIWI in one
subcategory and the maximum charge rate places the same HMIWI in a different subcategory, the
maximum charge rate prevails. Most HMIWI operate at around two-thirds of their design
capacity; very few HMIWI operate at their maximum design waste burning capacity. The
maximum design waste burning capacity of an HMIWI is fixed and cannot be changed. The
maximum charge rate, on the other hand, can be controlled by the HMIWI operator. The
Emission Guidelines allow an HMIWI used to bum less waste than its design capacity to change
its size category. For example, an HMIWI with a maximum design waste burning capacity of
300 Ib/hr (e.g., a medium HMIWI by design), may only be used to burn 150 Ib/hr. By virtue of
the maximum charge rate, such an HMIWI could be considered as a small HMIWI for purposes
D-7
-------
of the Emission Guidelines, and would be allowed to meet slightly less stringent emission limits.
The HMIWI would be bound by the maximum charge rate in its State operating permit for
enforcement purposes.
Larger HMIWI which derate their capacities to be considered as smaller HMIWI must
account for the 110 percent operating range specified in the Emission Guidelines when
establishing their permitted maximum charge rate. For example, a facility operating a 300 Ib/hr
HMIWI must ensure that the lowest 3-hour average charge rate does not exceed 182 Ib/hr if the
HMIWI is to be considered a small HMIWI. This is because the 110 percent operation applied to
the 182 Ib/hr average charge rate will establish the maximum charge rate at 200 Ib/hr (i.e., the
cutoff for the small HMIWI subcategory). Likewise, to fall into the medium subcategory, a
facility operating a large HMIWI must ensure that the lowest 3-hour average charge rate does not
exceed 455 Ib/hr because the 110 percent operation will establish the maximum charge rate at
500 Ib/hr (i.e., the cutoff for the medium HMIWI subcategory).
D-8
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Appendix D3
Small Rural Criteria
-------
APPENDIX D3 - SMALL RURAL CRITERIA
The Emission Guidelines are slightly less stringent for HMIWI in the small subcategory
which meet certain rural criteria. The rural criteria stipulate that the small HMIWI must: (1) be
located more than 50 miles (straight line distance) from the boundary of the nearest Standard
Metropolitan Statistical Area (SMSA) and (2) burn less than 2,000 pounds per week (lb/wk)of
hospital waste and medical/infectious waste.
The Emission Guidelines allow small rural HMIWI to comply with emission limits based
on the use of good combustion alone (rather than emission limits based on the use of good
combustion and a low efficiency wet scrubber). When conducting initial compliance testing,
small rural HMIWI are only required to test for PM, CO, CDD/CDF, Hg, and opacity (i.e., initial
testing for HC1, Pb, and Cd is not required). Furthermore, instead of conducting annual
compliance tests, small rural HMIWI are allowed to conduct annual equipment inspections.
Standard Metropolitan Statistical Areas are defined by the Office of Management and
Budget. Since SMSA's change with population growth and decline, for the purposes of the
emission guidelines the SMSA's have been based on the OMB June 30, 1993 listing of SMSA's.
A list of the SMSA's as defined on June 30, 1993 is attached. This document may be requested
from EPA's Air and Radiation Document and Information Center (Docket A-91-61, Item
FV-J-143) Room M-1500, 401 M Street SW, Washington, DC, phone: (202) 260-7548. In
addition, this document is available on the Internet at the following address:
"http://www.census.gov/population/estimates/metro-city/93mfips.txt"
D-10
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LISTING OF THE STANDARD METROPOLITAN STATISTICAL AREAS
JUNE 30, 1993
Source: US Census Bureau
GUIDE TO FIPS CODES:
MSA= Metropolitan Statistical Area
CMSA= Consolidated Metropolitan Statistical Area
PMSA= Primary Metropolitan Statistical Area
SS= State
CCC= County
EEEEE= Entity (city/town)
MSA/
CMSA PMSA SSCCCEEEEE Metropolitan Area and Components
0040 Abilene, TX MSA
0040 48441 Taylor County
0060 Aguadilla, PR MSA
0060 72003 Aguada Municipio
0060 72005 Aguadilla Municipio
0060 72099 Moca Municipio
0120 Albany, GA MSA
0120 13095 Dougherty County
012013177 Lee County
0160 Albany-Schenectady-Troy, NY MSA
0160 36001 Albany County
0160 36057 Montgomery County
0160 36083 Rensselaer County
0160 36091 Saratoga County
0160 36093 Schenectady County
0160 36095 Schoharie County
0200 Albuquerque, NM MSA
0200 35001 Bernalillo County
0200 35043 Sandoval County
0200 35061 Valencia County
0220 Alexandria, LA MSA
0220 22079 Rapides Parish
D-ll
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0240 Allentown-Bethlehem-Easton, PA MSA
0240 42025 Carbon County
0240 42077 Lehigh County
0240 42095 Northampton County
0280 Altoona, PA MSA
0280 42013 Blair County
0320 Amarillo, TX MSA
0320 48375 Potter County
0320 48381 Randall County
0380 Anchorage, AK MSA
03 80 02020 Anchorage Borough
0450 Anniston, AL MSA
0450 01015 Calhoun County
0460 Appleton-Oshkosh-Neenah, WI MSA
0460 55015 Calumet County
0460 55087 Outagamie County
0460 55139 Winnebago County
0480 Asheville, NC MSA
0480 37021 Buncombe County
0480 37115 Madison County
0500 Athens, GA MSA
050013059 Clarke County
0500 13195 Madison County
0500 13219 Oconee County
0520 Atlanta, GA MSA
052013013 Barrow County
052013015 Bartow County
052013045 Carroll County
0520 13057 Cherokee County
0520 13063 Clayton County
052013067 Cobb County
052013077 Coweta County
052013089 DeKalb County
052013097 Douglas County
0520 13113 Fayette County
05 20 13117 Forsyth County
0520 13121 Fulton County
052013135 Gwinnett County
D-12
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052013151 Henry County
0520 13217 Newton County
052013223 Paulding County
052013227 Pickens County
0520 13247 Rockdale County
052013255 Spalding County
052013297 Walton County
0600 Augusta-Aiken, GA-SC MSA
0600 13073 Columbia County, GA
0600 13189 McDuffie County, GA
0600 13245 Richmond County, GA
0600 45003 Aiken County, SC
0600 45037 Edgefield County, SC
0640 Austin-San Marcos, TX MSA
0640 48021 Bastrop County
0640 48055 Caldwell County
0640 48209 Hays County
0640 48453 Travis County
0640 48491 Williamson County
0680 Bakersfield, CA MSA
0680 06029 Kern County
0730
073023019
07302301902795
07302301906925
07302301922535
07302301927645
07302301930795
07302301932510
0730 2301933490
0730 2301936325
07302301945670
07302301955225
0730 2301955540
0730 2301955680
07302301957937
07302301978780
0730 23027
0730 2302786760
Bangor, ME MSA
Penobscot County (pt.)
Bangor city
Brewer city
Eddington town
Glenburn town
Hampden town
Hermon town
Holden town
Kenduskeag town
Milford town
Old Town city
Orono town
Orrington town
Penobscot Indian Island Reservation
Veazie town
Waldo County (pt.)
Winterport town
D-13
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0740
Barnstable-Yarmouth, MA MSA
074025001
0740 2500103635
0740 2500107980
07402500112995
0740 2500116775
07402500119295
07402500129020
07402500139100
07402500151440
07402500159735
07402500182525
Barnstable County (pt.)
Barnstable town
Brewster town
Chatham town
Dennis town
Eastham town
Harwich town
Mashpee town
Orleans town
Sandwich town
Yarmouth town
0760 Baton Rouge, LA MSA
0760 22005 Ascension Parish
0760 22033 East Baton Rouge Parish
0760 22063 Livingston Parish
0760 22121 West Baton Rouge Parish
0840 Beaumont-Port Arthur, TX MSA
0840 48199 Hardin County
0840 48245 Jefferson County
0840 48361 Orange County
0860 Bellingham, WA MSA
0860 53073 Whatcom County
0870 Benton Harbor, MI MSA
0870 26021 Berrien County
0880 Billings, MT MSA
0880 30111 Yellowstone County
0920 Biloxi-Gulfport-Pascagoula, MS MSA
0920 28045 Hancock County
0920 28047 Harrison County
0920 28059 Jackson County
0960 Binghamton, NY MSA
0960 36007 Broome County
0960 36107 Tioga County
D-14
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07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
1000 Birmingham, AL MSA
1000 01009 B lount County
1000 01073 Jefferson County
100001115 St. Clair County
100001117 Shelby County
1010 Bismarck, ND MSA
101038015 Burleigh County
101038059 Morton County
1020 Bloomington, IN MSA
1020 18105 Monroe County
1040 Bloomington-Normal, IL MSA
1040 17113 McLean County
1080 Boise City, ID MSA
108016001 Ada County
108016027 Canyon County
1120
112025005
11202500505280
11202500516950
11202500538225
11202500549970
11202500569170
Boston-Worcester-Lawrence, MA-NH-ME-CT CMSA
Boston, MA-NH PMSA
Bristol County, MA (pt.)
Berkley town
Dighton town
Mansfield town
Norton town
Taunton city
1120 25009 Essex County, MA (pt.)
1120 2500901185 Amesbury town
1120 2500905595 Beverly city
1120 2500916250 Danvers town
Essex town
Gloucester city
Hamilton town
Ipswich town
Lynn city
Lynnfield town
Manchester town
Marblehead town
Middleton town
Nahant town
Newbury town
Newburyport city
Peabody city
Rockport town
11202500921850
11202500926150
11202500927900
11202500932310
11202500937490
11202500937560
11202500937945
11202500938400
11202500941095
11202500943580
11202500945175
11202500945245
11202500952490
11202500957880
D-15
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07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
11202500958405
11202500959105
11202500959245
11202500960015
11202500968645
11202500970150
11202500974595
Rowley town
Salem city
Salisbury town
Saugus town
Swampscott town
Topsfield town
Wenham town
1120 25017 Middlesex County, MA (pt.)
11202501700380 Acton town
11202501701605
11202501702130
11202501703005
11202501704615
11202501705070
11202501707350
11202501709840
11202501711000
11202501711525
11202501715060
11202501721990
11202501724925
11202501730700
11202501731085
11202501731540
11202501735215
11202501735425
11202501735950
11202501737875
11202501738715
11202501739625
11202501739835
11202501740115
11202501743895
11202501745560
11202501748955
11202501756130
11202501761380
11202501761590
11202501762535
11202501767665
11202501768050
11202501768260
11202501770360
11202501772215
11202501772600
11202501773405
Arlington town
Ashland town
Ayer town
Bedford town
Belmont town
Boxborough town
Burlington town
Cambridge city
Carlisle town
Concord town
Everett city
Framingham town
Holliston town
Hopkinton town
Hudson town
Lexington town
Lincoln town
Littleton town
Maiden city
Marlborough city
Maynard town
Medford city
Melrose city
Natick town
Newton city
North Reading town
Reading town
Sherborn town
Shirley town
Somerville city
Stoneham town
Stow town
Sudbury town
Townsend town
Wakefield town
Waltham city
Watertown town
D-16
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07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
11202501773790
11202501777255
11202501780230
11202501780510
11202501781035
11202502107665
11202502109175
11202502111315
11202502114640
11202502116495
11202502117405
11202502124820
11202502125065
11202502130455
11202502139765
11202502139975
11202502141515
11202502141690
11202502144105
11202502146050
11202502150250
11202502154100
11202502155745
11202502155955
11202502160785
11202502167945
11202502172495
11202502174175
11202502178690
11202502178865
11202502182315
Wayland town
Weston town
Wilmington town
Winchester town
Wobum city
1120 25021 Norfolk County, MA (pt.)
1120 2502104930 Bellingham town
Braintree town
Brookline town
Canton town
Cohasset town
Dedham town
Dover town
Foxborough town
Franklin town
Holbrook town
Medfield town
Medway town
Millis town
Milton town
Needham town
Norfolk town
Norwood town
Plainville town
Quincy city
Randolph town
Sharon town
Stoughton town
Walpole town
Wellesley town
Westwood town
Weymouth town
Wrentham town
1120 25023 Plymouth County, MA (pt.)
1120 2502311665 Carver town
Duxbury town
Hanover town
Hingham town
Hull town
Kingston town
Marshfield town
Norwell town
Pembroke town
Plymouth town
Rockland town
Scituate town
11202502317895
11202502328285
11202502330210
11202502331645
11202502333220
11202502338855
11202502350145
11202502352630
11202502354310
11202502357775
11202502360330
D-17
-------
07 11202502372985 Warehamtown
07 1120 25025 Suffolk County, MA
07 11202502507000 Boston city
07 1120 2502513205 Chelsea city
07 11202502556585 Revere city
07 1120 2502580930 Winthrop town
07 1120 25027 Worcester County, MA (pt.)
07 1120 2502705490 Berlin town
07 1120 2502706015 Blackstone town
07 1120 2502706365 Bolton town
07 1120 2502728950 Harvard town
07 11202502730945 Hopedale town
07 1120 2502734165 Lancaster town
07 1120 2502740255 Mendon town
07 1120 2502741165 Milford town
07 11202502741585 Millville town
07 1120 2502763165 Southborough town
07 1120 2502771480 Upton town
07 1120 33015 Rockingham County, NH (pt.)
07 1120 3301568260 Seabrook town
07 1120 3301571140 South Hampton town
07 1200 Brockton, MA PMSA
07 120025005 Bristol County (pt.)
07 12002500520100 Eastontown
07 12002500556060 Raynham town
07 1200 25021 Norfolk County (pt.)
07 12002502102935 Avon town
07 120025023 Plymouth County (pt.)
07 12002502300170 Abington town
07 12002502308085 Bridgewater town
07 12002502309000 Brockton city
07 1200 2502318455 East Bridgewater town
07 12002502327795 Halifax town
07 12002502328495 Hanson town
07 1200 2502333920 Lakeville town
07 12002502340850 Middleborough town
07 12002502354415 Plympton town
07 12002502375260 West Bridgewater town
07 12002502379530 Whitman town
07 2600 Fitchburg-Leominster, MA PMSA
07 260025017 Middlesex County (pt.)
07 26002501701955 Ashbytown
07 2600 25027 Worcester County (pt.)
07 26002502701885 Ashburnham town
07 2600 2502723875 Fitchburg city
07 2600 2502725485 Gardner city
D-18
-------
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
2600 2502735075
2600 2502737420
2600 2502769275
26002502777010
2600 2502780405
4160 L
416025009
41602500901465
41602500907420
41602500925625
41602500927620
41602500929405
41602500934550
41602500940430
41602500940675
41602500946365
41602500977150
416033015 R
41603301502340
41603301512100
41603301517140
41603301517940
41603301527940
41603301532900
41603301540100
41603301552900
41603301562500
41603301564020
4160 3301566660
41603301567620
41603301585780
4560 L
456025017
45602501705805
45602501713135
45602501717475
45602501717825
45602501727480
4560 2501737000
45602501752805
45602501769415
45602501771025
45602501776135
456033011 H
45603301159940
Leominster city
Lunenburg town
Templeton town
Westminster town
Winchendon town
Lawrence, MA-NH PMSA
Essex County, MA (pt.)
Andover town
Boxford town
Georgetown town
Groveland town
Haverhill city
Lawrence city
Merrimac town
Methuen town
North Andover town
West Newbury town
Rockingham County, NH (pt.)
Atkinson town
Chester town
Danville town
Deny town
Fremont town
Hampstead town
Kingston town
Newton town
Plaistow town
Raymond town
Salem town
Sandown town
Windham town
Lowell, MA-NH PMSA
Middlesex County, MA (pt.)
Billerica town
Chelmsford town
Dracut town
Dunstable town
Groton town
Lowell city
Pepperell town
Tewksbury town
Tyngsborough town
Westford town
Hillsborough County, NH (pt.)
Pelham town
D-19
-------
07 4760 Manchester, NH PMSA
07 4760 33011 Hillsborough County (pt.)
07 4760 3301104500 Bedford town
07 4760 3301129860 Goffstown town
07 47603301145140 Manchester city
07 47603301179780 Wearetown
07 476033013 Merrimack County (pt.)
07 47603301300660 Allenstown town
07 47603301337300 Hooksetttown
07 476033015 Rockingham County (pt.)
07 47603301502820 Auburn town
07 47603301509300 Candiatown
07 47603301543220 Londonderry town
07 5350 Nashua, NH PMSA
07 535033011 Hillsborough County (pt.)
07 53503301101300 Amhersttown
07 53503301108100 Brookline town
07 5350 3301131940 Greenville town
07 5350 3301137140 Hollis town
07 53503301137940 Hudson town
07 5350 3301142260 Litchfield town
07 5350 3301146260 Mason town
07 5350 3301147540 Merrimack town
07 5350 3301148020 Milford town
07 5350 3301149140 Mont Vernon town
07 53503301150260 Nashua city
07 5350 3301151940 New Ipswich town
07 5350 3301185220 Wilton town
07 5400 New Bedford, MA PMSA
07 5400 25005 Bristol County (pt.)
07 5400 2500500520 Acushnet town
07 54002500516425 Dartmouth town
07 54002500522130 Fairhaven town
07 5400 2500525240 Freetown town
07 5400 2500545000 New Bedford city
07 5400 25023 Plymouth County (pt.)
07 5400 2502338540 Marion town
07 5400 2502339450 Mattapoisett town
07 5400 2502357600 Rochester town
07 6450 Portsmouth-Rochester, NH-ME PMSA
07 6450 23031 York County, ME (pt.)
07 64502303104720 Berwick town
07 64502303122955 Eliot town
07 64502303137270 Kitterytown
07 6450 2303170030 South Berwick town
07 64502303187985 York town
D-20
-------
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
64503301521380
6450 3301524660
6450 3301525380
64503301531700
6450 3301533060
6450 3301533460
6450 3301539780
6450 3301550980
64503301551380
64503301551620
6450 3301552340
6450 3301554580
6450 3301562900
64503301566180
6450 3301574340
645033015 Rockingham County, NH (pt.)
6450 3301507220 Brentwood town
East Kingston town
Epping town
Exeter town
Greenland town
Hampton town
Hampton Falls town
Kensington town
New Castle town
Newfields town
Newington town
Newmarket town
North Hampton town
Portsmouth city
Rye town
Stratham town
645033017 Strafford County, NH (pt.)
6450 3301703460 Barrington town
Dover city
Durham town
Farmington town
Lee town
Madbury town
Milton town
Rochester city
Rollinsford town
Somersworth city
Worcester, MA-CT PMSA
Windham County, CT (pt.)
Thompson town
Hampden County, MA (pt.)
Holland town
Worcester County, MA (pt.)
Auburn town
Barre town
Boylston town
Brookfield town
Charlton town
Clinton town
Douglas town
Dudley town
East Brookfield town
Grafton town
Holden town
Leicester town
64503301718820
6450 3301719700
6450 3301726020
6450 3301741460
64503301744820
64503301748660
64503301765140
64503301765540
6450 3301769940
9240
924009015
92400901575870
924025013
92402501330665
9240 25027
9240 2502702760
9240 2502703740
9240 2502707525
92402502709105
92402502712715
92402502714395
92402502717300
92402502717685
92402502718560
9240 2502726430
9240 2502730560
9240 2502734795
D-21
-------
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
07
92402502741340
9240 2502746820
9240 2502746925
92402502747135
9240 2502750670
92402502751825
9240 2502752420
9240 2502755395
9240 2502758825
92402502761800
9240 2502763270
92402502766105
9240 2502767385
92402502768155
92402502768610
92402502771620
9240 2502773895
92402502775015
92402502775155
9240 2502775400
9240 2502782000
1240
124048061
1260
126048041
1280
1280 36029
128036063
1305
1305 50007
13055000710675
13055000713300
13055000714875
1305 5000724175
13055000733475
13055000736700
13055000745250
13055000759275
1305 5000762050
13055000764300
1305 5000766175
13055000784475
Millbury town
Northborough town
Northbridge town
North Brookfield town
Oakham town
Oxford town
Paxton town
Princeton town
Rutland town
Shrewsbury town
Southbridge town
Spencer town
Sterling town
Sturbridge town
Sutton town
Uxbridge town
Webster town
Westborough town
West Boylston town
West Brookfield town
Worcester city
Brownsville-Harlingen-San Benito, TX MSA
Cameron County
Bryan-College Station, TX MSA
Brazos County
Buffalo-Niagara Falls, NY MSA
Erie County
Niagara County
Burlington, VT MSA
Chittenden County (pt.)
Burlington city
Charlotte town
Colchester town
Essex town
Hinesburg town
Jericho town
Milton town
Richmond town
St. George town
Shelburne town
South Burlington city
Williston town
D-22
-------
13055000785150
130550011
13055001124925
13055001127700
13055001161675
13055001161750
13055001171725
1305 50013
1305 5001329275
1305 5001367000
Winooski city
Franklin County (pt.)
Fairfax town
Georgia town
St. Albans city
St. Albans town
Swanton town
Grand Isle County (pt.)
Grand Isle town
South Hero town
1320 Canton-Massillon, OH MSA
1320 39019 Carroll County
132039151 Stark County
1350 Casper, WY MS A
1350 56025 Natrona County
1360 Cedar Rapids, IA MS A
136019113 Linn County
1400 Champaign-Urbana, IL MSA
1400 17019 Champaign County
1440 Charleston-North Charleston, SC MSA
1440 45015 Berkeley County
1440 45019 Charleston County
1440 45035 Dorchester County
1480 Charleston, WV MSA
1480 54039 Kanawha County
1480 54079 Putnam County
1520 Charlotte-Gastonia-Rock Hill, NC-SC MSA
1520 37025 Cabarrus County, NC
1520 37071 Gaston County, NC
1520 37109 Lincoln County, NC
1520 37119 Mecklenburg County, NC
1520 37159 Rowan County, NC
1520 37179 Union County, NC
1520 45091 York County, SC
D-23
-------
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
21
21
21
21
21
21
21
21
1540
154051003
154051065
154051079
154051540
1560
1560 13047
1560 13083
1560 13295
156047065
156047115
1580
158056021
1600
1600 17031
1600 17037
1600 17043
1600 17063
1600 17089
1600 17093
1600 17097
160017111
1600 17197
2960
2960 18089
2960 18127
3740
3740 17091
3800
3800 55059
1620
1620 06007
1640
1640 18029
164018115
164021015
164021037
164021077
164021081
Charlottesville, VA MSA
Albemarle County
Fluvanna County
Greene County
Charlottesville city
Chattanooga, TN-GA MSA
Catoosa County, GA
Dade County, GA
Walker County, GA
Hamilton County, TN
Marion County, TN
Cheyenne, WY MSA
Laramie County
Chicago-Gary-Kenosha, IL-IN-WI CMSA
Chicago, IL PMSA
Cook County
DeKalb County
DuPage County
Grundy County
Kane County
Kendall County
Lake County
McHenry County
Will County
Gary, IN PMSA
Lake County
Porter County
Kankakee, IL PMSA
Kankakee County
Kenosha, WI PMSA
Kenosha County
Chico-Paradise, CA MSA
Butte County
Cincinnati-Hamilton, OH-KY-IN CMSA
Cincinnati, OH-KY-IN PMSA
Dearborn County, IN
Ohio County, IN
Boone County, KY
Campbell County, KY
Gallatin County, KY
Grant County, KY
D-24
-------
21
21
21
21
21
21
21
21
28
28
28
28
28
28
28
28
28
28
28
164021117
164021191
164039015
164039025
164039061
164039165
3200
320039017
1660
166021047
166047125
0080
008039133
008039153
1680
168039007
168039035
168039055
168039085
168039093
168039103
1720
172008041
1740
1740 29019
1760
176045063
176045079
1800
180001113
1800 13053
1800 13145
180013215
1840
184039041
184039045
184039049
184039089
Kenton County, KY
Pendleton County, KY
Brown County, OH
Clermont County, OH
Hamilton County, OH
Warren County, OH
Hamilton-Middletown, OH PMSA
Butler County
Clarksville-Hopkinsville, TN-KY MSA
Christian County, KY
Montgomery County, TN
Cleveland-Akron, OH CMSA
Akron, OH PMSA
Portage County
Summit County
Cleveland-Lorain-Elyria, OH PMSA
Ashtabula County
Cuyahoga County
Geauga County
Lake County
Lorain County
Medina County
Colorado Springs, CO MSA
El Paso County
Columbia, MO MSA
Boone County
Columbia, SC MSA
Lexington County
Richland County
Columbus, GA-AL MSA
Russell County, AL
Chattahoochee County, GA
Harris County, GA
Muscogee County, GA
Columbus, OH MSA
Delaware County
Fairfield County
Franklin County
Licking County
D-25
-------
1840 39097 Madison County
1840 39129 Pickaway County
1880 Corpus Christi, TX MSA
1880 48355 Nueces County
1880 48409 San Patricio County
1900 Cumberland, MD-WV MSA
1900 24001 Allegany County, MD
1900 54057 Mineral County, WV
31 Dallas-Fort Worth, TX CMS A
31 1920 Dallas, TX PMSA
31 192048085 Collin County
31 192048113 Dallas County
31 1920 48121 Denton County
31 192048139 Ellis County
31 1920 48213 Henderson County
31 192048231 Hunt County
31 192048257 Kaufman County
31 192048397 Rockwall County
31 2800 Fort Worth-Arlington, TX PMS A
31 2800 48221 Hood County
31 2800 48251 Johnson County
31 280048367 Parker County
31 2800 48439 Tarrant County
1950 Danville, VA MSA
1950 51143 Pittsylvania County
195051590 Danville city
1960 Davenport-Moline-Rock Island, IA-IL MSA
1960 17073 Henry County, IL
1960 17161 Rock Island County, IL
1960 19163 Scott County, IA
2000 Dayton-Springfield, OH MSA
2000 39023 Clark County
2000 39057 Greene County
2000 39109 Miami County
2000 39113 Montgomery County
2020 Daytona Beach, FL MSA
2020 12035 Flagler County
2020 12127 Volusia County
D-26
-------
34
34
34
34
34
34
34
34
34
34
34
35
35
35
35
35
35
35
35
35
35
35
35
35
35
2030
203001079
203001103
2040
2040 17115
1125
112508013
2080
2080 08001
2080 08005
208008031
2080 08035
2080 08059
3060
306008123
2120
2120 19049
212019153
212019181
0440
044026091
0440 26093
044026161
2160
216026087
216026099
216026115
216026125
216026147
216026163
2640
2640 26049
2180
218001045
218001069
2190
219010001
Decatur, AL MSA
Lawrence County
Morgan County
Decatur, IL MSA
Macon County
Denver-Boulder-Greeley, CO CMSA
Boulder-Longmont, CO PMSA
Boulder County
Denver, CO PMSA
Adams County
Arapahoe County
Denver County
Douglas County
Jefferson County
Greeley, CO PMSA
Weld County
Des Moines, LA MSA
Dallas County
Polk County
Warren County
Detroit-Ann Arbor-Flint, MI CMSA
Ann Arbor, MI PMSA
Lenawee County
Livingston County
Washtenaw County
Detroit, MI PMSA
Lapeer County
Macomb County
Monroe County
Oakland County
St. Clair County
Wayne County
Flint, MI PMSA
Genesee County
Dothan, AL MSA
Dale County
Houston County
Dover, DE MSA
Kent County
D-27
-------
2200 Dubuque, IA MSA
220019061 Dubuque County
2240 Duluth-Superior, MN-WI MSA
2240 27137 St. Louis County, MN
2240 55031 Douglas County, WI
2290 Eau Claire, WI MSA
2290 55017 Chippewa County
2290 55035 Eau Claire County
2320 El Paso, TX MSA
232048141 El Paso County
2330 Elkhart-Goshen, IN MSA
233018039 Elkhart County
2335 Elmira, NY MSA
2335 36015 Chemung County
2340 Enid, OK MSA
2340 40047 Garfield County
2360 Erie, PA MSA
2360 42049 Erie County
2400 Eugene-Springfield, OR MSA
240041039 Lane County
2440 Evansville-Henderson, IN-KY MSA
2440 18129 Posey County, IN
2440 18163 Vanderburgh County, IN
2440 18173 Warrick County, IN
2440 21101 Henderson County, KY
2520 Fargo-Moorhead, ND-MN MSA
2520 27027 Clay County, MN
252038017 Cass County, ND
2560 Fayetteville, NC MSA
2560 37051 Cumberland County
2580 Fayetteville-Springdale-Rogers, AR MSA
2580 05007 Benton County
2580 05143 Washington County
D-28
-------
2650 Florence, AL MSA
2650 0103 3 Colbert County
2650 01077 Lauderdale County
2655 Rorence, SC MSA
265545041 Florence County
2670 Fort Collins-Loveland, CO MSA
2670 08069 Larimer County
2700 Fort Myers-Cape Coral, FL MSA
270012071 Lee County
2710 Fort Fierce-Port St. Lucie, FL MSA
2710 12085 Martin County
2710 12111 St. Lucie County
2720 Fort Smith, AR-OK MSA
2720 05033 Crawford County, AR
2720 05131 Sebastian County, AR
2720 40135 Sequoyah County, OK
2750 Fort Walton Beach, FL MSA
2750 12091 Okaloosa County
2760 Fort Wayne, IN MSA
276018001 Adams County
276018003 Allen County
276018033 DeKalb County
276018069 Huntington County
276018179 Wells County
2760 18183 Whitley County
2840 Fresno, CA MSA
2840 06019 Fresno County
2840 06039 Madera County
2880 Gadsden, AL MSA
2880 01055 Etowah County
2900 Gainesville, FL MSA
290012001 Alachua County
2975 Glens Falls, NY MSA
2975 36113 Warren County
297536115 Washington County
D-29
-------
2980 Goldsboro, NC MSA
298037191 Wayne County
2985 Grand Forks, ND-MN MSA
2985 27119 Polk County, MN
2985 38035 Grand Forks County, ND
3000 Grand Rapids-Muskegon-Holland, MI MSA
3000 26005 Allegan County
300026081 Kent County
3000 26121 Muskegon County
3000 26139 Ottawa County
3040 Great Falls, MT MSA
3040 30013 Cascade County
3080 Green Bay, WI MSA
3080 55009 Brown County
3120 Greensboro-Winston-Salem-High Point, NC MSA
3120 37001 Alamance County
3120 37057 Davidson County
312037059 Davie County
3120 37067 Forsyth County
3120 37081 Guilford County
3120 37151 Randolph County
312037169 Stokes County
312037197 Yadkin County
3150 Greenville, NC MSA
315037147 Pitt County
3160 Greenville-Spartanburg-Anderson, SC MSA
3160 45007 Anderson County
3160 45021 Cherokee County
3160 45045 Greenville County
3160 45077 Pickens County
3160 45083 Spartanburg County
3240 Harrisburg-Lebanon-Carlisle, PA MSA
3240 42041 Cumberland County
3240 42043 Dauphin County
3240 42075 Lebanon County
3240 42099 Perry County
D-30
-------
3280
3280 09003
3280 0900302060
3280 0900304300
32800900305910
3280 0900308420
32800900310100
32800900312270
3280 0900322070
3280 0900322630
3280 0900324800
3280 0900325990
3280 0900327600
32800900331240
3280 0900332640
3280 0900337000
3280 0900344700
3280 0900345820
3280 0900350370
32800900352140
32800900360120
3280 0900365370
3280 0900368940
3280 0900370550
32800900371390
3280 0900374540
3280 0900382590
3280 0900384900
3280 0900387000
3280 0900387070
3280 09005
3280 0900502760
3280 0900537280
32800900551350
3280 0900560750
3280 0900586440
3280 09007
32800900718080
32800900720810
3280 0900722280
3280 0900722490
3280 0900735230
3280 0900747080
3280 0900747290
32800900761800
328009011
Hartford, CT MSA
Hartford County (pt.)
Avon town
Berlin town
Bloomfield town
Bristol city
Burlington town
Canton town
East Granby town
East Hartford town
East Windsor town
Enfield town
Farmington town
Glastonbury town
Granby town
Hartford city
Manchester town
Marlborough town
New Britain city
Newington town
Plainville town
Rocky Hill town
Simsbury town
Southington town
South Windsor town
Suffield town
West Hartford town
Wethersfield town
Windsor town
Windsor Locks town
Litchfield County (pt.)
Barkhamsted town
Harwinton town
New Hartford town
Plymouth town
Winchester town
Middlesex County (pt.)
Cromwell town
Durham town
East Haddam town
East Hampton town
Haddam town
Middlefield town
Middletown city
Portland town
New London County (pt.)
D-31
-------
42
42
42
42
42
42
42
42
42
42
42
42
32800901115910
32800901142390
328009013
32800901301080
32800901306260
32800901316400
32800901317800
32800901325360
32800901337910
32800901344910
32800901369220
32800901372090
32800901376290
32800901378250
32800901385950
328009015
32800901501430
32800901513810
32800901586790
3290
3290 37003
3290 37023
3290 37027
3290 37035
3320
3320 15003
3350
3350 22057
335022109
1145
1145 48039
2920
292048167
3360
336048071
336048157
336048201
336048291
336048339
3360 48473
Colchester town
Lebanon town
Tolland County (pt.)
Andover town
Bolton town
Columbia town
Coventry town
Ellington town
Hebron town
Mansfield town
Somers town
Stafford town
Tolland town
Vernon town
Wellington town
Windham County (pt.)
Ashford town
Chaplin town
Windham town
Hickory-Morganton, NC MSA
Alexander County
Burke County
Caldwell County
Catawba County
Honolulu, HI MSA
Honolulu County
Houma, LA MSA
Lafourche Parish
Terrebonne Parish
Houston-Galveston-Brazoria, TX CMSA
Brazoria, TX PMSA
Brazoria County
Galveston-Texas City, TX PMSA
Galveston County
Houston, TX PMSA
Chambers County
Fort Bend County
Harris County
Liberty County
Montgomery County
Waller County
D-32
-------
3400 Huntington-Ashland, WV-KY-OH MSA
3400 21019 Boyd County, KY
3400 21043 Carter County, KY
3400 21089 Greenup County, KY
3400 39087 Lawrence County, OH
3400 54011 Cabell County, WV
3400 54099 Wayne County, WV
3440 Huntsville, AL MSA
3440 01083 Limestone County
3440 01089 Madison County
3480 Indianapolis, IN MSA
3480 18011 Boone County
348018057 Hamilton County
348018059 Hancock County
348018063 Hendricks County
348018081 Johnson County
348018095 Madison County
348018097 Marion County
348018109 Morgan County
348018145 Shelby County
3500 Iowa City, LA MSA
3500 19103 Johnson County
3520 Jackson, MI MSA
3520 26075 Jackson County
3560 Jackson, MS MSA
3560 28049 Hinds County
3560 28089 Madison County
3560 28121 Rankin County
3580 Jackson, TN MSA
3580 47113 Madison County
3600 Jacksonville, FL MSA
360012019 Clay County
3600 12031 Duval County
360012089 Nassau County
3600 12109 St. Johns County
3605 Jacksonville, NC MSA
3605 37133 Onslow County
D-33
-------
3610 Jamestown, NY MSA
3610 36013 Chautauqua County
3620 Janesville-Beloit, WI MSA
362055105 Rock County
3660 Johnson City-Kingsport-Bristol, TN-VA MSA
3660 47019 Carter County, TN
3660 47073 Hawkins County, TN
3660 47163 Sullivan County, TN
3660 47171 Unicoi County, TN
3660 47179 Washington County, TN
3660 51169 Scott County, VA
3660 51191 Washington County, VA
3660 51520 Bristol city, VA
3680 Johnstown, PA MSA
3680 42021 Cambria County
3680 42111 Somerset County
3710 Joplin, MOMSA
371029097 Jasper County
3710 29145 Newton County
3720 Kalamazoo-Battle Creek, MI MSA
3720 26025 Calhoun County
3720 26077 Kalamazoo County
3720 26159 Van Buren County
3760 Kansas City, MO-KS MSA
3760 20091 Johnson County, KS
3760 20103 Leavenworth County, KS
3760 20121 Miami County, KS
3760 20209 Wyandotte County, KS
3760 29037 Cass County, MO
3760 29047 Clay County, MO
3760 29049 Clinton County, MO
3760 29095 Jackson County, MO
3760 29107 Lafayette County, MO
3760 29165 Platte County, MO
3760 29177 Ray County, MO
3810 Killeen-Temple, TX MSA
381048027 Bell County
381048099 Coryell County
D-34
-------
3840 Knoxville, TN MSA
3840 47001 Anderson County
3840 47009 Blount County
3840 47093 Knox County
3 840 47105 Loudon County
3840 47155 Sevier County
3840 47173 Union County
3850 Kokomo, IN MSA
385018067 Howard County
3850 18159 Tipton County
3870 La Crosse, WI-MN MSA
3870 27055 Houston County, MN
3870 55063 La Crosse County, WI
3880 Lafayette, LA MSA
388022001 Acadia Parish
3880 22055 Lafayette Parish
3880 22097 St. Landry Parish
3880 22099 St. Martin Parish
3920 Lafayette, IN MSA
3920 18023 Clinton County
3920 18157 Tippecanoe County
3960 Lake Charles, LA MSA
396022019 Calcasieu Parish
3980 Lakeland-Winter Haven, FL MSA
398012105 Polk County
4000 Lancaster, PA MSA
4000 42071 Lancaster County
4040 Lansing-East Lansing, MI MSA
4040 26037 Clinton County
4040 26045 Eaton County
4040 26065 Ingham County
4080 Laredo, TX MSA
4080 48479 Webb County
4100 Las Cruces, NM MSA
4100 35013 Dona Ana County
D-35
-------
4120
412004015
4120 32003
412032023
4150
415020045
4200
420040031
4240
4240 23001
4240 2300102060
42402300129255
42402300138740
42402300140035
4240 2300144585
42402300160020
4240 2300164570
42402300177800
4240 2300179585
4280
428021017
428021049
428021067
428021113
428021151
428021209
428021239
4320
4320 39003
432039011
4360
436031109
4400
4400 05045
4400 05085
440005119
440005125
Las Vegas, NV-AZ MSA
Mohave County, AZ
Clark County, NV
Nye County, NV
Lawrence, KS MSA
Douglas County
Lawton, OK MSA
Comanche County
Lewiston-Auburn, ME MSA
Androscoggin County (pt.)
Auburn city
Greene town
Lewiston city
Lisbon town
Mechanic Falls town
Poland town
Sabattus town
Turner town
Wales town
Lexington, KY MSA
Bourbon County
Clark County
Fayette County
Jessamine County
Madison County
Scott County
Woodford County
Lima, OH MSA
Allen County
Auglaize County
Lincoln, NE MSA
Lancaster County
Little Rock-North Little Rock, AR MSA
Faulkner County
Lonoke County
Pulaski County
Saline County
D-36
-------
4420 Longview-Marshall, TX MSA
4420 48183 Gregg County
4420 48203 Harrison County
4420 48459 Upshur County
49 Los Angeles-Riverside-Orange County, CA CMSA
49 4480 Los Angeles-Long Beach, CA PMSA
49 4480 06037 Los Angeles County
49 5945 Orange County, CA PMSA
49 5945 06059 Orange County
49 6780 Riverside-San Bernardino, CA PMSA
49 6780 06065 Riverside County
49 6780 06071 San Bernardino County
49 8735 Ventura, CA PMSA
49 8735 06111 Ventura County
4520 Louisville, KY-IN MSA
4520 18019 Clark County, IN
4520 18043 Floyd County, IN
4520 18061 Harrison County, IN
4520 18143 Scott County, IN
4520 21029 Bullitt County, KY
4520 21111 Jefferson County, KY
4520 21185 Oldham County, KY
4600 Lubbock, TX MSA
4600 48303 Lubbock County
4640 Lynchburg, VA MSA
4640 51009 Amherst County
4640 51019 Bedford County
4640 51031 Campbell County
464051515 Bedford city
4640 51680 Lynchburg city
4680 Macon, GA MSA
468013021 Bibb County
4680 13153 Houston County
4680 13169 Jones County
4680 13225 Peach County
4680 13289 Twiggs County
4720 Madison, WI MSA
4720 55025 Dane County
D-37
-------
4800 Mansfield, OH MSA
4800 39033 Crawford County
4800 39139 Richland County
4840 Mayaguez, PR MSA
4840 72011 Anasco Municipio
4840 72023 Cabo Rojo Municipio
4840 72067 Hormigueros Municipio
4840 72097 Mayaguez Municipio
4840 72121 Sabana Grande Municipio
4840 72125 San German Municipio
4880 McAllen-Edinburg-Mission, TX MSA
4880 48215 Hidalgo County
4890 Medford-Ashland, OR MSA
4890 41029 Jackson County
4900 Melboume-Titusville-Palm Bay, FL MSA
490012009 Brevard County
4920 Memphis, TN-AR-MS MSA
4920 05035 Crittenden County, AR
4920 28033 DeSoto County, MS
4920 47047 Fayette County, TN
4920 47157 Shelby County, TN
4920 47167 Tipton County, TN
4940 Merced, CA MSA
4940 06047 Merced County
56 Miami-Fort Lauderdale, FL CMSA
56 2680 Fort Lauderdale, FL PMSA
56 268012011 Broward County
56 5000 Miami, FL PMSA
56 5000 12025 Dade County
63 Milwaukee-Racine, WI CMSA
63 5080 Milwaukee-Waukesha, WI PMSA
63 5080 55079 Milwaukee County
63 5080 55089 Ozaukee County
63 5080 55131 Washington County
63 508055133 Waukesha County
63 6600 Racine, WI PMSA
63 6600 55101 Racine County
D-38
-------
5120 Minneapolis-St. Paul, MN-WI MSA
5120 27003 Anoka County, MN
512027019 Carver County, MN
5120 27025 Chisago County, MN
5120 27037 Dakota County, MN
5120 2705 3 Hennepin County, MN
5120 27059 Isanti County, MN
5120 27123 Ramsey County, MN
5120 27139 Scott County, MN
5120 27141 Sherburne County, MN
5120 27163 Washington County, MN
5120 27171 Wright County, MN
5120 55093 Pierce County, WI
5120 55109 St. Croix County, WI
5160 Mobile, ALMS A
5160 01003 B aldwin County
5160 01097 Mobile County
5170 Modesto, C A MS A
5170 06099 Stanislaus County
5200 Monroe, LA MSA
5200 22073 Ouachita Parish
5240 Montgomery, AL MSA
5 240 01001 Autauga County
5 240 01051 Elmore County
5240 01101 Montgomery County
5280 Muncie, IN MSA
528018035 Delaware County
5330 Myrtle Beach, SC MSA
5330 45051 Horry County
5345 Naples, FL MSA
534512021 Collier County
5360 Nashville, TN MSA
5360 47021 Cheatham County
5360 47037 Davidson County
5360 47043 Dickson County
5360 47147 Robertson County
5360 47149 Rutherford County
5360 47165 Sumner County
D-39
-------
70
70
70
70
536047187
536047189
5520
5520 09007
5520 0900757320
552009011
55200901106820
55200901123400
55200901129910
55200901133900
55200901134250
55200901142600
55200901143230
5520 0901148900
55200901152280
55200901155500
55200901156200
55200901157040
55200901162150
55200901166210
55200901171670
55200901173770
55200901180280
552009015
55200901512130
55200901559980
5520 44009
5520 4400935380
5520 4400977000
5560
556022051
556022071
5560 22075
5560 22087
5560 22089
5560 22093
5560 22095
5560 22103
0875
0875 34003
087534031
Williamson County
Wilson County
New London-Norwich, CT-RI MSA
Middlesex County, CT (pt.)
Old Saybrook town
New London County, CT (pt.)
Bozrah town
East Lyme town
Franklin town
Griswold town
Groton town
Ledyard town
Lisbon town
Montville town
New London city
North Stonington town
Norwich city
Old Lyme town
Preston town
Salem town
Sprague town
Stonington town
Waterford town
Windham County, CT (pt.)
Canterbury town
Plainfield town
Washington County, RI (pt.)
Hopkinton town
Westerly town
New Orleans, LA MSA
Jefferson Parish
Orleans Parish
Plaquemines Parish
St. Bernard Parish
St. Charles Parish
St. James Parish
St. John the Baptist Parish
St. Tammany Parish
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA
CMSA
Bergen-Passaic, NJ PMSA
Bergen County
Passaic County
D-40
-------
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
1160
116009001
11600900108000
11600900123890
11600900126620
11600900148620
11600900168100
11600900174190
11600900177200
116009009
11600900901150
11600900903250
11600900919480
11600900947500
11600900958300
11600900967610
1930
193009001
19300900104720
19300900108980
19300900118430
19300900150860
19300900152980
19300900163480
19300900163970
19300900168310
193009005
19300900508210
19300900552630
1930 0900565930
19300900579720
2281
228 1 36027
3640
364034017
5015
501534019
5015 34023
501534035
5190
519034025
519034029
5380
5380 36059
538036103
5480
Bridgeport, CT PMSA
Fairfield County (pt.)
Bridgeport city
Easton town
Fairfield town
Monroe town
Shelton city
Stratford town
Trumbull town
New Haven County (pt.)
Ansonia city
Beacon Falls town
Derby city
Milford city
Oxford town
Seymour town
Danbury, CT PMSA
Fairfield County (pt.)
Bethel town
Brookfield town
Danbury city
New Fairfield town
Newtown town
Redding town
Ridgefield town
Sherman town
Litchfield County (pt.)
Bridgewater town
New Milford town
Roxbury town
Washington town
Dutchess County, NY PMSA
Dutchess County
Jersey City, NJ PMSA
Hudson County
Middlesex-Somerset-Hunterdon, NJ PMSA
Hunterdon County
Middlesex County
Somerset County
Monmouth-Ocean, NJ PMSA
Monmouth County
Ocean County
Nassau-Suffolk, NY PMSA
Nassau County
Suffolk County
New Haven-Meriden, CT PMSA
D-41
-------
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
70
5480 09007
54800900715350
54800900740710
5480 09009
5480 0900904580
54800900907310
54800900914160
54800900922910
5480 0900934950
5480 0900935650
5480 0900944560
5480 0900946450
5480 0900952000
5480 0900953890
5480 0900954870
5480 0900957600
5480 0900978740
5480 0900982800
5480 0900987700
5600
5600 36005
5600 36047
560036061
5600 36079
560036081
5600 36085
5600 36087
560036119
5640
5640 34013
5640 34027
5640 34037
5640 34039
5640 34041
5660
566036071
566042103
8040
804009001
80400900118850
80400900133620
80400900150580
80400900155990
80400900173000
80400900183430
80400900183500
Middlesex County (pt.)
Clinton town
Killingworth town
New Haven County (pt.)
Bethany town
Branford town
Cheshire town
East Haven town
Guilford town
Hamden town
Madison town
Meriden city
New Haven city
North Branford town
North Haven town
Orange town
Wallingford town
West Haven city
Woodbridge town
New York, NY PMSA
Bronx County
Kings County
New York County
Putnam County
Queens County
Richmond County
Rockland County
Westchester County
Newark, NJ PMSA
Essex County
Morris County
Sussex County
Union County
Warren County
Newburgh, NY-PA PMSA
Orange County, NY
Pike County, PA
Stamford-Norwalk, CT PMSA
Fairfield County (pt.)
Darien town
Greenwich town
New Canaan town
Norwalk city
Stamford city
Weston town
Westport town
D-42
-------
70 80400900186370
70 8480
70 848034021
70 8880
70 8880 09005
70 8880 0900504930
70 8880 0900575730
70 8880 0900580490
70 88800900587910
70 8880 09009
70 8880 0900946940
70 8880 0900949880
70 8880 0900962290
70 8880 0900969640
70 8880 0900980000
70 8880 0900987560
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
5720
37053
51073
51093
51095
51115
51199
51550
51650
51700
51710
51735
51740
51800
51810
51830
5790
5790 12083
5800
580048135
5800 48329
5880
588040017
5880 40027
5880 40083
5880 40087
Wilton town
Trenton, NJ PMSA
Mercer County
Waterbury, CT PMSA
Litchfield County (pt.)
Bethlehem town
Thomaston town
Watertown town
Woodbury town
New Haven County (pt.)
Middlebury town
Naugatuck borough
Prospect town
Southbury town
Waterbury city
Wolcott town
Norfolk-Virginia Beach-Newport News, VA-NC MSA
Currituck County, NC
Gloucester County, VA
Isle of Wight County, VA
James City County, VA
Mathews County, VA
York County, VA
Chesapeake city, VA
Hampton city, VA
Newport News city, VA
Norfolk city, VA
Poquoson city, VA
Portsmouth city, VA
Suffolk city, VA
Virginia Beach city, VA
Williamsburg city, VA
Ocala, FL MSA
Marion County
Odessa-Midland, TX MSA
Ector County
Midland County
Oklahoma City, OK MSA
Canadian County
Cleveland County
Logan County
McClain County
D-43
-------
77
77
77
77
77
77
77
77
77
77
77
588040109 Oklahoma County
5880 40125 Pottawatomie County
5920 Omaha, NE-IA MSA
5920 1915 5 Pottawattamie County, IA
5920 31025 Cass County, NE
5920 31055 Douglas County, NE
5920 31153 Sarpy County, NE
5920 31177 Washington County, NE
5960 Orlando, FL MSA
5960 12069 Lake County
5960 12095 Orange County
596012097 Osceola County
5960 12117 Seminole County
5990 Owensboro, KY MSA
599021059 Daviess County
6015 Panama City, FL MSA
601512005 Bay County
6020 Parkersburg-Marietta, WV-OH MSA
6020 39167 Washington County, OH
6020 54107 Wood County, WV
6080 Pensacola, FL MSA
608012033 Escambia County
6080 12113 Santa Rosa County
6120 Peoria-Pekin, IL MSA
612017143 Peoria County
6120 17179 Tazewell County
6120 17203 Woodford County
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD CMSA
0560 Atlantic-Cape May, NJ PMSA
0560 34001 Atlantic County
0560 34009 Cape May County
6160 Philadelphia, PA-NJ PMSA
6160 34005 Burlington County, NJ
6160 34007 Camden County, NJ
6160 34015 Gloucester County, NJ
6160 34033 Salem County, NJ
6160 42017 Bucks County, PA
6160 42029 Chester County, PA
D-44
-------
77 616042045
77 616042091
77 616042101
77 8760
77 876034011
77 9160
77 9160 10003
77 916024015
6200
620004013
620004021
6240
6240 05069
6280
6280 42003
6280 42007
628042019
628042051
628042125
628042129
6320
6320 25003
6320 2500300555
63202500313345
63202500316180
63202500330315
6320 2500334340
6320 2500334655
6320 2500334970
6320 2500353960
6320 2500356795
6320 2500367595
6360
6360 72059
6360 72075
636072111
636072113
636072149
636072153
Delaware County, PA
Montgomery County, PA
Philadelphia County, PA
Vineland-Millville-Bridgeton, NJ PMSA
Cumberland County
Wilmington-Newark, DE-MD PMSA
New Castle County, DE
Cecil County, MD
Phoenix-Mesa, AZ MSA
Maricopa County
Pinal County
Pine Bluff, AR MSA
Jefferson County
Pittsburgh, PA MSA
Allegheny County
Beaver County
Butler County
Fayette County
Washington County
Westmoreland County
Pittsfield, MA MSA
Berkshire County (pt.)
Adams town
Cheshire town
Dalton town
Hinsdale town
Lanesborough town
Lee town
Lenox town
Pittsfield city
Richmond town
Stockbridge town
Ponce, PR MSA
Guayanilla Municipio
Juana Diaz Municipio
Penuelas Municipio
Ponce Municipio
Villalba Municipio
Yauco Municipio
D-45
-------
6400
6400 23005
64002300510180
64002300511125
64002300515430
6400 2300524495
6400 2300526525
6400 2300528240
6400 2300528870
6400 2300553860
6400 2300560545
64002300561945
64002300566145
64002300571990
6400 2300573670
64002300582105
6400 2300586025
6400 2300587845
640023031
64002303109410
64002303133665
64002303139405
64002303155085
79
79
79
79
79
79
79
79
79
79
79
6440
644041005
644041009
644041051
644041067
644041071
644053011
7080
708041047
708041053
6480
6480 25005
6480 2500502690
6480 2500523000
6480 2500546575
6480 2500556375
6480 2500560645
6480 2500562430
6480 2500568750
6480 2500577570
Portland, ME MSA
Cumberland County (pt.)
Cape Elizabeth town
Casco town
Cumberland town
Falmouth town
Freeport town
Gorham town
Gray town
North Yarmouth town
Portland city
Raymond town
Scarborough town
South Portland city
Standish town
Westbrook city
Windham town
Yarmouth town
York County (pt.)
Buxton town
Hollis town
Limington town
Old Orchard Beach town
Portland-Salem, OR-WA CMSA
Portland-Vancouver, OR-WA PMSA
Clackamas County, OR
Columbia County, OR
Multnomah County, OR
Washington County, OR
Yamhill County, OR
Clark County, WA
Salem, OR PMSA
Marion County
Polk County
Providence-Fall River-Warwick, RI-MA MSA
Bristol County, MA (pt.)
Attleboro city
Fall River city
North Attleborough town
Rehoboth town
Seekonk town
Somerset town
Swansea town
Westport town
D-46
-------
648044001
64804400105140
64804400109280
64804400173760
6480 44003
64804400318640
6480 4400322240
6480 4400374300
6480 4400377720
6480 4400378440
6480 44005
6480 4400536820
6480 4400542400
6480 4400570880
6480 44007
64804400711800
64804400714140
64804400719180
6480 4400720080
6480 4400722960
6480 4400727460
6480 4400730340
6480 4400737720
64804400741500
64804400751760
6480 4400752480
6480 4400754640
6480 4400759000
6480 4400764220
6480 4400766200
6480 4400780780
6480 44009
64804400914500
6480 4400925300
6480 4400948340
64804400951580
64804400961160
6480 4400967460
6520
6520 49049
6560
656008101
Bristol County, RI
Harrington town
Bristol town
Warren town
Kent County, RI
Coventry town
East Greenwich town
Warwick city
West Greenwich town
West Warwick town
Newport County, RI (pt.)
Jamestown town
Little Compton town
Tiverton town
Providence County, RI
Burrillville town
Central Falls city
Cranston city
Cumberland town
East Providence city
Foster town
Glocester town
Johnston town
Lincoln town
North Providence town
North Smithfield town
Pawtucket city
Providence city
Scituate town
Smithfield town
Woonsocket city
Washington County, RI (pt.)
Charlestown town
Exeter town
Narragansett town
North Kingstown town
Richmond town
South Kingstown town
Provo-Orem, UT MSA
Utah County
Pueblo, CO MSA
Pueblo County
D-47
-------
6580 Punta Gorda, FL MSA
6580 12015 Charlotte County
6640 Raleigh-Durham-Chapel Hill, NC MSA
6640 37037 Chatham County
6640 37063 Durham County
6640 37069 Franklin County
6640 37101 Johnston County
6640 37135 Orange County
664037183 Wake County
6660 Rapid City, SD MSA
6660 46103 Pennington County
6680 Reading, PA MSA
6680 42011 Berks County
6690 Redding, CA MSA
6690 06089 Shasta County
6720 Reno, NV MSA
6720 32031 Washoe County
6740 Richland-Kennewick-Pasco, WA MSA
6740 53005 Benton County
6740 53021 Franklin County
6760 Richmond-Petersburg, VA MSA
6760 5103 6 Charles City County
6760 51041 Chesterfield County
6760 51053 Dinwiddie County
6760 51075 Goochland County
6760 51085 Hanover County
6760 51087 Henrico County
6760 51127 New Kent County
6760 51145 Powhatan County
6760 51149 Prince George County
6760 51570 Colonial Heights city
676051670 Hopewellcity
6760 51730 Petersburg city
6760 51760 Richmond city
D-48
-------
82
82
82
82
82
82
82
6800 Roanoke, VA MSA
6800 51023 Botetourt County
6800 51161 Roanoke County
680051770 Roanoke city
680051775 Salem city
6820 Rochester, MN MSA
6820 27109 Olmsted County
6840 Rochester, NY MSA
6840 36037 Genesee County
6840 36051 Livingston County
6840 36055 Monroe County
6840 36069 Ontario County
6840 36073 Orleans County
6840 36117 Wayne County
6880 Rockford, IL MSA
6880 17007 Boone County
688017141 Ogle County
6880 17201 Winnebago County
6895 Rocky Mount, NC MSA
6895 37065 Edgecombe County
689537127 Nash County
Sacramento-Yolo, CA CMSA
6920 Sacramento, CA PMSA
6920 06017 El Dorado County
6920 06061 Placer County
6920 06067 Sacramento County
9270 Yolo, CA PMSA
927006113 Yolo County
6960 Saginaw-Bay City-Midland, MI MSA
696026017 Bay County
6960 26111 Midland County
6960 26145 Saginaw County
6980 St. Cloud, MN MSA
6980 27009 Benton County
6980 27145 Stearns County
7000 St. Joseph, MO MSA
7000 29003 Andrew County
7000 29021 Buchanan County
D-49
-------
84
84
84
84
84
84
84
84
84
84
84
84
7040 St. Louis, MO-IL MSA
7040 17027 Clinton County, IL
7040 17083 Jersey County, IL
7040 17119 Madison County, IL
7040 17133 Monroe County, IL
7040 17163 St. Clair County, IL
7040 29071 Franklin County, MO
7040 29099 Jefferson County, MO
7040 29113 Lincoln County, MO
704029183 St. Charles County, MO
7040 29189 St. Louis County, MO
7040 29219 Warren County, MO
7040 29510 St. Louis city, MO
7120 Salinas, CA MSA
7120 06053 Monterey County
7160 Salt Lake City-Ogden, UT MSA
7160 49011 Davis County
7160 49035 Salt Lake County
716049057 Weber County
7200 San Angelo, TX MSA
7200 48451 Tom Green County
7240 San Antonio, TX MSA
7240 48029 Bexar County
7240 48091 Comal County
7240 48187 Guadalupe County
7240 48493 Wilson County
7320 San Diego, CA MSA
7320 06073 San Diego County
San Francisco-Oakland-San Jose, CA CMSA
5775 Oakland, CA PMSA
5775 06001 Alameda County
5775 06013 Contra Costa County
7360 San Francisco, CA PMSA
7360 06041 Marin County
7360 06075 San Francisco County
7360 06081 San Mateo County
7400 San Jose, CA PMSA
7400 06085 Santa Clara County
7485 Santa Cruz-Watsonville, CA PMSA
7485 06087 Santa Cruz County
D-50
-------
84 7500
84 7500 06097
84 8720
84 8720 06055
84 8720 06095
87
870470
87047072013
87 0470 72027
87 0470 72065
87 1310
87 131072025
87 131072035
87 131072041
87 131072063
87 131072129
877440
87 7440 72007
87744072017
87744072021
87 7440 72029
87744072031
87 7440 72033
87 7440 72037
87 7440 72045
87 7440 72047
87744072051
87 7440 72053
87 7440 72054
87744072061
87 7440 72069
87 7440 72077
87 7440 72085
87 7440 72087
87 7440 72089
87744072091
87744072101
87744072103
87744072105
87744072119
87744072127
87744072135
87744072137
87744072139
87744072143
Santa Rosa, CA PMSA
Sonoma County
Vallejo-Fairfield-Napa, CA PMSA
Napa County
Solano County
San Juan-Caguas-Arecibo, PR CMSA
Arecibo, PR PMSA
Arecibo Municipio
Camuy Municipio
Hatillo Municipio
Caguas, PR PMSA
Caguas Municipio
Cayey Municipio
Cidra Municipio
Gurabo Municipio
San Lorenzo Municipio
San Juan-Bayamon, PR PMSA
Aguas Buenas Municipio
Barceloneta Municipio
Bayamon Municipio
Canovanas Municipio
Carolina Municipio
Catano Municipio
Ceiba Municipio
Comerio Municipio
Corozal Municipio
Dorado Municipio
Fajardo Municipio
Florida Municipio
Guaynabo Municipio
Humacao Municipio
Juncos Municipio
Las Piedras Municipio
Loiza Municipio
Luquillo Municipio
Manati Municipio
Morovis Municipio
Naguabo Municipio
Naranjito Municipio
Rio Grande Municipio
San Juan Municipio
Toa Alta Municipio
Toa Baja Municipio
Trujillo Alto Municipio
Vega Alta Municipio
D-51
-------
91
91
91
91
91
91
91
91
91
91
91
87744072145
87744072151
7460
7460 06079
7480
7480 06083
7490
7490 35028
7490 35049
7510
7510 12081
751012115
7520
7520 13029
7520 13051
7520 13103
7560
7560 42037
7560 42069
756042079
756042131
1150
1150
5910
5910
7600
7600
7600
7600
8200
8200
53035
53067
53029
53033
53061
53053
7610
761042085
7620
762055117
Vega Baja Municipio
Yabucoa Municipio
San Luis Obispo-Atascadero-Paso Robles, CA MSA
San Luis Obispo County
Santa Barbara-Santa Maria-Lompoc, CA MSA
Santa Barbara County
Santa Fe, NM MSA
Los Alamos County
Santa Fe County
Sarasota-Bradenton, FL MSA
Manatee County
Sarasota County
Savannah, GA MSA
Bryan County
Chatham County
Effmgham County
Scranton-Wilkes-Barre-Hazleton, PA MSA
Columbia County
Lackawanna County
Luzeme County
Wyoming County
Seattle-Tacoma-Bremerton, WA CMSA
Bremerton, WA PMSA
Kitsap County
Olympia, WA PMSA
Thurston County
Seattle-Bellevue-Everett, WA PMSA
Island County
King County
Snohomish County
Tacoma, WA PMSA
Pierce County
Sharon, PA MSA
Mercer County
Sheboygan, WI MSA
Sheboygan County
D-52
-------
7640
764048181
7680
768022015
768022017
768022119
7720
7720 19193
772031043
7760
7760 46083
7760 46099
7800
780018141
7840
7840 53063
7880
7880 17129
7880 17167
7920
7920 29043
7920 29077
7920 29225
8000
800025011
80002501168400
800025013
80002501300800
80002501313660
80002501319645
80002501328075
80002501330840
80002501336300
80002501337175
80002501342145
80002501342530
80002501352105
80002501358650
Sherman-Denison, TX MSA
Grayson County
Shreveport-Bossier City, LA MSA
Bossier Parish
Caddo Parish
Webster Parish
Sioux City, IA-NE MSA
Woodbury County, IA
Dakota County, NE
Sioux Falls, SD MSA
Lincoln County
Minnehaha County
South Bend, IN MSA
St. Joseph County
Spokane, WA MSA
Spokane County
Springfield, IL MSA
Menard County
Sangamon County
Springfield, MO MSA
Christian County
Greene County
Webster County
Springfield, MA MSA
Franklin County (pt.)
Sunderland town
Hampden County (pt.)
Agawam town
Chicopee city
East Longmeadow town
Hampden town
Holyoke city
Longmeadow town
Ludlow town
Monson town
Montgomery town
Palmer town
Russell town
D-53
-------
80002501365825
8000 2501367000
80002501376030
80002501377850
80002501379740
800025015
80002501501325
80002501504825
80002501519330
80002501526535
80002501527690
80002501529265
80002501531785
8000 2501546330
80002501562745
80002501564145
80002501572880
80002501579915
8050
8050 42027
8080
808039081
8080 54009
8080 54029
8120
812006077
8140
814045085
8160
816036011
816036053
816036067
816036075
8240
8240 12039
8240 12073
8280
8280 12053
8280 12057
Southwick town
Springfield city
Westfield city
West Springfield town
Wilbraham town
Hampshire County (pt.)
Amherst town
Belchertown town
Easthampton town
Granby town
Hadley town
Hatfield town
Huntington town
Northampton city
Southampton town
South Hadley town
Ware town
Williamsburg town
State College, PA MSA
Centre County
Steubenville-Weirton, OH-WV MSA
Jefferson County, OH
Brooke County, WV
Hancock County, WV
Stockton-Lodi, CA MSA
San Joaquin County
Sumter, SC MSA
Sumter County
Syracuse, NY MSA
Cayuga County
Madison County
Onondaga County
Oswego County
Tallahassee, FL MSA
Gadsden County
Leon County
Tampa-St. Petersburg-Clearwater, FL MSA
Hernando County
Hillsborough County
D-54
-------
828012101 Pasco County
828012103 Pinellas County
8320 Terre Haute, IN MSA
832018021 Clay County
832018165 Vermillion County
832018167 Vigo County
8360 Texarkana, TX-Texarkana, AR MSA
8360 05091 Miller County, AR
8360 48037 Bowie County, TX
8400 Toledo, OH MSA
8400 39051 Fulton County
8400 39095 Lucas County
8400 39173 Wood County
8440 Topeka, KS MSA
8440 20177 S hawnee County
8520 Tucson, AZ MSA
8520 04019 Pima County
8560 Tulsa, OK MSA
8560 40037 Creek County
8560 40113 Osage County
8560 40131 Rogers County
8560 40143 Tulsa County
856040145 Wagoner County
8600 Tuscaloosa, AL MSA
8600 01125 Tuscaloosa County
8640 Tyler, TX MSA
8640 48423 Smith County
8680 Utica-Rome, NY MSA
8680 36043 Herkimer County
8680 36065 Oneida County
8750 Victoria, TX MSA
8750 48469 Victoria County
8780 Visalia-Tulare-Porterville, CA MSA
8780 06107 Tulare County
D-55
-------
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
97
8800
8800 48309
0720
0720 24003
0720 24005
072024013
0720 24025
0720 24027
0720 24035
072024510
3180
318024043
8840
8840 11001
8840 24009
884024017
884024021
884024031
8840 24033
884051013
884051043
884051047
884051059
884051061
884051099
884051107
884051153
884051177
884051179
884051187
884051510
884051600
884051610
884051630
884051683
884051685
8840 54003
8840 54037
8920
8920 19013
8940
8940 55073
Waco, TX MSA
McLennan County
Washington-Baltimore, DC-MD-VA-WV CMSA
Baltimore, MD PMSA
Anne Arundel County
Baltimore County
Carroll County
Harford County
Howard County
Queen Anne's County
Baltimore city
Hagerstown, MD PMSA
Washington County
Washington, DC-MD-VA-WV PMSA
District of Columbia
Calvert County, MD
Charles County, MD
Frederick County, MD
Montgomery County, MD
Prince George's County, MD
Arlington County, VA
Clarke County, VA
Culpeper County, VA
Fairfax County, VA
Fauquier County, VA
King George County, VA
Loudoun County, VA
Prince William County, VA
Spotsylvania County, VA
Stafford County, VA
Warren County, VA
Alexandria city, VA
Fairfax city, VA
Falls Church city, VA
Fredericksburg city, VA
Manassas city, VA
Manassas Park city, VA
Berkeley County, WV
Jefferson County, WV
Waterloo-Cedar Falls, LA MSA
Black Hawk County
Wausau, WI MSA
Marathon County
D-56
-------
8960 West Palm Beach-Boca Raton, FL MSA
8960 12099 Palm Beach County
9000 Wheeling, WV-OH MSA
9000 39013 Belmont County, OH
9000 54051 Marshall County, WV
9000 54069 Ohio County, WV
9040 Wichita, KS MSA
9040 20015 Butler County
9040 20079 Harvey County
9040 20173 Sedgwick County
9080 Wichita Falls, TX MSA
9080 48009 Archer County
9080 48485 Wichita County
9140 Williamsport, PA MSA
9140 42081 Lycoming County
9200 Wilmington, NC MSA
9200 37019 Brunswick County
9200 37129 New Hanover County
9260 Yakima, WA MSA
9260 53077 Yakima County
9280 York, PA MSA
928042133 York County
9320 Youngstown-Warren, OH MSA
9320 39029 Columbiana County
9320 39099 Mahoning County
932039155 Trumbull County
9340 Yuba City, CA MSA
9340 06101 Sutler County
934006115 Yuba County
9360 Yuma, AZ MSA
9360 04027 Yuma County
D-57
-------
NEW ENGLAND COUNTY METROPOLITAN AREAS AND COMPONENTS, 1993,
WITH FTPS CODES
(Metropolitan areas defined by Office of Management and Budget, 6/30/93)
Source: US Census Bureau
Release date: Sept. 1996
GUIDE TO FIPS CODES:
NECMA= New England County Metropolitan Statistical Area
SS= State
CCC= County
NECMA SSCCC New England County Metropolitan Area and Components
0733 Bangor, ME NECMA
0733 23019 Penobscot County
0743 Barnstable-Yarmouth, MA NECMA
0743 25001 Barnstable County
1123 Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH NECMA
1123 25005 Bristol County, MA
1123 25009 Essex County, MA
112325017 Middlesex County, MA
1123 25021 Norfolk County, MA
1123 25023 Plymouth County, MA
1123 25025 Suffolk County, MA
1123 25027 Worcester County, MA
1123 33011 Hillsborough County, NH
1123 33015 Rockingham County, NH
1123 33017 Strafford County, NH
1303 Burlington, VT NECMA
1303 50007 Chittenden County
1303 50011 Franklin County
1303 50013 Grand Isle County
3283 Hartford, CT NECMA
3283 09003 Hartford County
3283 09007 Middlesex County
328309013 Tolland County
4243 Lewiston-Auburn, ME NECMA
4243 23001 Androscoggin County
D-58
-------
5483 New Haven-Bridgeport-Stamford-Waterbury-Danbury, CT NECMA
5483 09001 Fairfield County
5483 09009 New Haven County
5523 New London-Norwich, CT NECMA
5523 09011 New London County
6323 Pittsfield, MA NECMA
6323 25003 Berkshire County
6403 Portland, ME NECMA
6403 23005 Cumberland County
6483 Providence-Warwick-Pawtucket, RI NECMA
6483 44001 Bristol County
6483 44003 Kent County
6483 44007 Providence County
6483 44009 Washington County
8003 Springfield, MA NECMA
8003 25013 Hampden County
8003 25015 Hampshire County
D-59
-------
-------
Appendix E
HMIWI Implementation Timeline
-------
-------
HMIWI Implementation Timeline
Compliance Window
f
9/97
Rule
Promulgated1
viam riauv
due2
9/98
f
3/99
EPA Approves/
Disapproves
State
Plans3
Published
9/99 4
_^^
•^m-
f
3/00
Compliance due5
and Title V permit
applications due
or existing sources
Increments of progress .
required6
f
9/00
Title V Permits
in Place for all
Sources
^^__
^*
9/02
"Backstop"
Compliance
Deadline
1 62 FR 48347.
2 Sec. 129(b)(2) requires State Plans be submitted not later than one year after promulgation of the rule.
sSec. 129(b)(2) requires EPA to approve or disapprove a State Plan within 180 days of submission.
4 Sec.129(b)(3) requires EPA to develop a Federal Plan within 2 years of rule promulgation (if necessary).
5 Due 12 months after EPA approval of State Plan under sec. 60.39e of subpart Ce unless the State has granted an extension to a source
(up to 3 years after approval of State Plan but not less than 5 years after promulgation).
• Sec. 60.24(e)(1) of subpart B requires legally enforceable increments of progress for any compliance schedule extending beyond
12 months from State Plan approval. Sec. 60.39e(c)(1 )-(9) of subpart Ce and Sec. 60.21 of subpart B list suggested increments of progress
and Sec. 60.21 of Subpart B contains five required increments of progress.
/Both new and existing sources have 36 months from promulgation to get a complete permit application into the permitting agency.
Notes
Subpart B General requirements for all 111(d) State Plans. Amended 12/19/95 to allow subsequent subparts (Ce and EC) to supersede
subpart B.
Subpart Ce EG for HMIWI's.
Subpart EC NSPS for HMIWI's.
Subpart Cb EG for MWC's.
Subpart Eb NSPS for MWC's.
-------
-------
Appendix F
EPA Regional and State/Local Agency Contacts
Fl EPA Regional HMIWI Rule Contacts
F2 State Contacts
-------
-------
Appendix Fl
EPA Regional HMIWI Rule Contacts
-------
-------
EPA REGIONAL HMIWI RULE CONTACTS
Regional Contact
Susan Lancey
U.S. EPA
Region I (Connecticut, Massachusetts, Maine, New
Hampshire, Rhode Island, Vermont)
John F. Kennedy Federal Building
Boston, MA 02203-0001
Christine DeRosa
Ted Gardella
U.S. EPA
Region n (New York, New Jersey, Puerto Rico,
Virgin Islands)
290 Broadway
New York, NY 10007-1866
James B. Topsale
U.S. EPA
Region UJ (Virginia, Delaware, District of Columbia,
Maryland, Pennsylvania, West Virginia)
841 Chestnut Building.
Philadelphia, PA 19107
Scott Davis
Brian Beals
U.S. EPA
Region IV (Florida, Georgia, North Carolina,
Alabama, Kentucky, Mississippi, South Carolina,
Tennessee)
61 Forsyth Street, SW
Atlanta, GA 30303
Ryan Bahr (Indiana)
Charles Hatten (Wisconsin)
Mark Palermo (Illinois)
Scott Hamilton (Ohio)
Rick Tonielli (Michigan)
Doug Aburano (Minnesota)
U.S.EPA/AR-18J
Region V (Minnesota, Wisconsin, Illinois, Indiana,
Michigan, Ohio)
77 W. Jackson Blvd.
Chicago, IL 60604
Phone #
(617) 565-3587
(212)637-4022
(212) 637-3892
(215)566-2190
(404) 562-9127
(404) 562-9098
(312)353-4366
(312)886-6031
(312)886-6082
(312)353-4775
(312)886-6068
(312)353-6960
Fax#
(617) 565-4940
(212) 637-3901
(215)566-2134
(404) 562-9095
(312)886-0617
F-l
-------
EPA REGIONAL HMIWI RULE CONTACTS (Continued)
Regional Contact
Mick Cote
U.S. EPA
Region VI (Arkansas, Louisiana, New Mexico,
Oklahoma, Texas)
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
Wayne Kaiser
U.S. EPA
Region YE (Iowa, Kansas, Missouri, Nebraska)
726 Minnesota Avenue
Kansas City, KS 66101
Meredith Bond
U.S. EPA
Region VIE (Colorado, Montana, North Dakota,
South Dakota, Utah, Wyoming)
999- 18th Street, Suite 500
Denver, CO 80202-2466
E-mail: bond.meredith@epamail.epa.gov
Patrica Bowlin
U.S. EPA
Region IX (Arizona, California, Hawaii, Nevada)
75 Hawthorne Street
San Francisco, CA 94105
Catherine Woo
U.S. EPA
Region X (Alaska, Idaho, Oregon, Washington)
1200 Sixth Avenue.
Seattle, WA 98101
Phone #
(214) 665-7219
(913)551-7603
(303)312-6438
(415)744-1188
(206)553-1814
Fax#
(214)665-7263
(913)551-7065
(303)312-6064
(415)744-1076
(206) 553-0404
F-2
-------
Appendix F2
State Contacts
-------
-------
STATE CONTACTS
State Contact
Phone #
Fax#
Alabama
Department of Environmental Management
Air Division
1751 Congressman W.L. Dickenson Way
Montgomery, AL 36109-2608
Contacts: Lynn Garthright and Jim Moore
CityofHuntsville
Department of Natural Resources and Environmental
Management
305 Church Street
Huntsville, AL 35801
Contact: Danny Shea
Bureau of Environmental Health
Jefferson County Department of Health
P.O. Box 2648
1400 Sixth Avenue South
Birmingham, AL 35202-2648
Contact: Henry Burnett
(334)271-7878
(334) 271-7861
(334)271-7950
(205) 535-4206
(205) 535-4212
(205) 930-1207
(205)930-3019
Alaska
Department of Environmental Conservation
Air Compliance Assurance
410 Willoughby Avenue
Suite 105
Juneau,AK 99801-1795
Contact: Bill Walker
(907)465-5100
(907)465-5129
Arizona
Department of Environmental Quality
Air Quality Division
3033 North Central Avenue
5th Floor
Phoenix, AZ 85012
Director: Nancy C. Wrona
(602) 207-2308
(602) 207-2366
California
Air Resources Board
P.O. Box 2815
Sacramento, CA 95812
Executive Officer: James D. Boyd
(916)445-4383
(916)322-6003
F-4
-------
STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Colorado
Department of Public Health and Environment
Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, CO 80222-1530
Contact: Kristen King
E-mail: kristen.king@state.co.us
(303)692-3100
(303) 782-5493
(303) 782-0278
Connecticut
Department of Environmental Protection
Bureau of Air Management
79 Elm Street, 5th floor
Hartford, CT 06106-5127
Contact: Ellen Morris
E-mail: ellen.morris@po.state.ct.us
(860)424-3412
(860) 424-4063
Delaware
Division of Air & Waste Management
715 Grantham Lane
New Castle, DEI 9702
Contact: Robert Taggert
(302) 739-4791
(302)739-3106
District of Columbia
Department of Consumer and Regulatory Affairs
Environmental Regulation Administration
Air Resources Management Division
2100 MLK Avenue, SE, Suite 203
Washington, DC 20020-5732
Contact: William Gillespie
(202) 645-6093
(202) 645-6102
Florida
Department of Environmental Protection
Air Resources Management Division
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, FL 32399-2400
Contact: Michael Hewett
(850)488-0114
(850) 922-6979
F-5
-------
STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Georgia
Department of Natural Resources
Environmental Protection Division
Air Protection Branch
4244 International Parkway
Suite 120
Atlanta, GA 30354
Contact: Frank Nitterhand
(404) 362-4848
(404) 363-7100
Hawaii
Department of Health
Clean Air Branch
P.O. Box 3378
Honolulu, HI 96801
Chief: Wilfred Nagamine
(808) 586-4200
(808) 586-4359
Idaho
Division of Environmental Quality
1410 North Hilton
Boise, ID 83706-1290
Contact: Tim Teater
E-mail:
TeaterT{DEQ/POENV/TeaterT}@dhw.state.id.us
(208) 373-0457
(208)373-0417
Illinois
Environmental Protection Agency
Division of Air Pollution Control
P.O. Box 19276
Springfield, IL 62794-9276
Contacts: Henry Naour and Dennis Lawler
E-mail: epa221 l@wpogw.admop.epa.state.il.us and
epa2279@wpogw.admop.epa.state.il.us
(217)785-1716
(217)785-1892
(217)782-2465
Indiana
Department of Environmental Management
Office of Air Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, IN 46206-6015
Contacts: Susan Bern and Mike Brooks
E-mail: sbem@dem.state.in.us
(317)233-5697
(317)233-5967
F-6
-------
STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Iowa
Department of Natural Resources
Air Quality Bureau
Henry Wallace Building
900 East Grand
DesMoines, IA 50319
Chief: Pete Hamlin
(515)281-8852
(515)281-8895
Kansas
Department of Health and Environment
Bureau of Air and Radiation
Forbes Field, Building 740
Topeka,KS 66620
Director: John C. Irwin
(913)296-1593
(913)296-1545
Kentucky
Natural Resources & Environmental Protection
Cabinet
Division for Air Quality
803 Schenkel Lane
Frankfort, KY 40601
Contact: Ken Hines
Air Pollution Control District of Jefferson County
850 Barrett Avenue, Suite 200
Louisville, KY 40204-1745
Contact: Dick Everhart
(502) 573-3787
(502)573-3787
(502)574-6000
(502) 574-5306
Louisiana
Department of Environmental Quality
Office of Air Quality and Radiation Protection
P.O. Box 82135
Baton Rouge, LA 70884-2135
Assistant Secretary: Gustave Von Bodungen
(504) 765-0219
(504) 765-0222
Maine
Department of Environmental Protection
Bureau of Air Quality
17 State House Station
Augusta, ME 04333-0017
Contact: Stephanie Carver
E-mai 1: Stephanie. carver@state. me .us
(207) 287-2437
(207) 287-7641
F-7
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Maryland
Department of the Environment
Air and Radiation Management Administration
Regulation Development Division
2500 Broening Highway
Baltimore, MD 21224
Contact: Carl York
E-mail: mdearma@charm.net
(410)631-3255
(410)631-3391
Massachusetts
Department of Environmental Protection
Division of Air Quality Control
One Winter Street, 7th Floor
Boston, MA 02108
Contact: Mike Castro
E-mail: mcastro(S)state.ma.us
(617)556-1053
(617)292-5778
Michigan
Department of Environmental Quality
Air Quality Division
P.O. Box 30260
Lansing, MI 48909
Contact: Amy Vankolken
E-mail: vankolka@state.mi.us
(517)373-7023
(517)335-6993
Minnesota
Minnesota Pollution Control Agency
Division of Air Quality
520 Lafayette Road
St. Paul, MN 55155
Contact: Anne Jackson
E-mail: anne.jackson@pca.state.mn.us
(612) 297-7949
(612)297-8701
Mississippi
Department of Environmental Quality
Air Division
P.O. Box 10385
Jackson, MS 39289-0385
Contact: Connie Simmons
(601)961-5165
(601)961-5742
F-8
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Missouri
Department of Natural Resources
Division of Environmental Quality
Air Pollution Control Program
P.O.Box 176
Jefferson City, MO 65102
Staff Director: Roger Randolph
(573)751-4817
(573)751-2706
Montana
Department of Environmental Quality
Medcalf Building
1520 East Sixth Avenue
P.O. Box 200901
Helena, MT 59620-0901
Contacts: Mark Lambrecht and David Klemp
E-mail: malambrecht@mt.gov and dklemp@mt.gov
(800)433-8773
(406) 444-0286
(406) 444-5275
Nebraska
Department of Environmental Quality
Air and Waste Management Division
1200 N Street, Suite 400
Box 98922
Lincoln, NE 68509-8922
Assistant Director: Joe Francis
(402)471-0001
(402)471-2909
Nevada
Division of Environmental Protection
Bureau of Air Quality
333 West Nye Lane
Carson City, NV 89710
Bureau Chief: Jolaine Johnson
(702) 687-4670
(702) 687-6396
New Hampshire
Department of Environmental Services
Air Resources Division
64 North Main Street
P.O. Box 2033
Concord, NH 03302-2033
Contact: Craig Wright
E-mail: permit@des.state.nh.us
(603) 271-6791
(603)271-1381
F-9
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
New Jersey
Department of Environmental Protection
Office of Air Quality Planning
401 East State Street, CN402
Trenton, NJ 08625
Contact: Subah Shah
(609) 633-8224
(609) 984-6369
New Mexico
Environment Department
Environmental Protection Division
Air Quality Bureau
Harold Runnels Building
RoomS2100
P.O. Box 26110
Santa Fe,NM 87502
Chief: Cecilia Williams
(505)827-0031
(505) 827-0045
New York
Department of Environmental Conservation
Division of Air Resources
50 Wolf Road (Room 108)
Albany, NY 12233-3254
Contact: Ajay Shroff
(518)457-7688
(518)485-8427
F-10
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
North Carolina
Department of Environment, Health, and Natural
Resources
Division of Air Quality
P.O. Box 29580
Raleigh, NC 27626-0580
Contact: Vladimir Zaytsess
Forsyth County Environmental Affairs Department
537 North Spruce Street
Winston-Salem,NC27101
Contact: Mary Schwenn
Mechlenburg County Department of Environmental
Protection
700 North Tryon Road, Suite 205
Charlotte, NC 28202-2236
Contact: Joan Liu
Western NC Regional Air Pollution Control Agency
49 Mt. Carmel Road,
Asheville, NC 28806
Contact: Jim Cody
(919)715-4398
(919)715-7476
(910) 727-8060
(910) 121-2111
(704)336-5500
(704)336-4391
(704)255-5655
(704) 255-5226
North Dakota
Department of Health and Consolidated Laboratories
Division of Environmental Engineering
P.O. Box 5520
Bismarck, ND 58506-5520
Contact: Tom Bachman
E-mail: ccmail.tbachman@ranch.state.nd.us
(701)328-5188
(701)328-5200
Ohio
Environmental Protection Agency
Division of Air Pollution Control
1800WaterMarkDr.
P.O. Box 1049
Columbus, OH 43216-1049
Contact: Dana Thompson
E-mail: dana.thompson@epa.state.oh.us
(614) 644-3698
(614)644-3681
F-ll
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Oklahoma
Department of Environmental Quality
Air Quality Division
4545 North Lincoln Boulevard - Suite 250
Oklahoma City, OK 73105-3483
Director: Larry Byrum
(405)271-5220
(405)271-7508
Oregon
Department of Environmental Quality
Air Quality Division
811 Southwest Sixth Avenue
Portland, OR 97204-1390
Contact: Kathleen Craig
E-mail: kathleen.craig@state.or.us
(503) 229-6833
(503) 229-5675
Pennsylvania
Department of Environmental Protection
Commonwealth of Pennsylvania Administration
Rachael Carson Office Building, 12 Fir.
400 Market Street
Harrisburg, PA 17105-8468
Contact: Krish Ramanmurthy
E-mail: ramamurthy.krishnan@al.dep.state.pa.us
Air Management Services
Department of Public Health
Spelman Building
321 University Avenue
Philadelphia, PA 19104
Contact: Norm Glazer
Allegheny Count Health Department
Bureau of Environmental Quality
310 39th Street
Pittsburgh, PA 15201-1891
Contact: Roger Westman
(717)787-9702
(717)772-2303
Puerto Rico
Environmental Quality Board
Air Programs Area
P.O. Box 11488
Santurce, Puerto Rico 00910
Director: Elizabeth Munoz
(787) 767-8025
(787) 756-5906
F-12
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Rhode Island
Department of Environmental Management
Office of Air Resources
235 Promenade Street
Providence, RI 02908
Contact: Gina Friedman
E-mail: Riair@ids.net
(401) 277-2808
ext. 7016
(401)277-2017
South Carolina
Department of Health and Environmental Control
Bureau of Air Quality Control
2600 Bull Street
Columbia, SC 29201
Contact: Renee Shealy
(803) 734-6471
(803) 734-4556
South Dakota
Department of Natural Resources
Division of Environmental Regulation
Joe Foss Building
523 East Capitol Avenue
Pierre, SD 57501-3181
Contact: Jackie Flowers
E-mail: JACKIEF@denr.state.sd.us
(605)773-3351
(605)773-5286
F-13
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STATE CONTACTS (Continued)
State Contact
Tennessee
Department of Conservation and Environment
Division of Air Pollution Control
401 Church Street
L & C Annex, 9th Floor
Nashville, TN 37243-1531
Contact: John Patton
Chattanooga-Hamilton County
Air Pollution Control Bureau
351 1 Rossville Boulevard
Chattanooga, TN 37407
Contact: Errol Reksten
Knox County Department of Air Pollution Control
400 Main Street
City/County Building, Room 437
Knoxville, TN 37902-2405
Contact: Will Schod
Pollution Control Section
Memphis-Shelby County Health Department
814 Jefferson Avenue, Room 437
Memphis, TN 38 105
Contact: Bob Rogers
Air Pollution Control Division
Nashville-Davidson County
3 1 1 23rd Avenue, North
Nashville, TN 37203
Contact: Rob Raney
Texas
Texas Natural Resource Conservation Commission
Office of Policy and Regulatory Development
P.O. Box 13087
Austin, TX 78711-3087
Deputy Director: Beverly Hartsock
Phone #
(615)532-0604
(423) 867-4321
(423)215-2488
(901) 576-7728
(615)340-5653
(512)239-5818
Fax#
(615)532-0614
(423) 867-4348
(423)215-4242
(901)576-7832
(615)340-2142
(512)239-4808
F-14
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
Utah
Department of Environmental Quality
Division of Air Quality
P.O. Box 144820
Salt Lake City, UT 84114-4820
Contact: Mile Beheshti
E-mail: mbehesht@deq.state.ut.us
(801) 536-4000
(801)536-4099
Vermont
Department of Environmental Conservation
Air Pollution Control Division
103 South Main Street
Building 3 South
Waterbury,VT 05671-0402
Contact: Brian Fitzgerald
E-mail: Brianf@qtm.anr.state.vt.us
(802)241-3848
(802) 241-2590
Virginia
Department of Environmental Air Quality
Commonwealth of Virginia
P.O. Box 10009
Richmond, VA 23240-0009
Contact: Karen Sabasteanski
kgsabastea@deq. state. va.us
(804)698-4311
(804)698-4510
Virgin Islands
Department of Environmental Protection
Department of Planning and Natural Resources
Wheatley Center II
St. Thomas, USVI 00802
Contact: Winston Williams
(809) 777-4577
(809) 774-5416
Washington
Department of Ecology
Engineering and Technical Services
P.O. Box 47600
Olympia,WA 98504-7600
Contact: Dan Clarkson
E-mail: DACL461@ecy.wa.gov
(360) 407-6867
(360) 407-6802
F-15
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STATE CONTACTS (Continued)
State Contact
Phone #
Fax#
West Virginia
Division of Environmental Protection
Office of Air Quality
1558 Washington Street, East
Charleston, WV 25311-2599
Contact: John Johnson
(304) 558-3286
(304) 558-3287
Wisconsin
Department of Natural Resources
P.O. Box 7921
101 South Webster Street
Madison, WI 53707-7921
Contacts: Bill Baumann and Roger Fritz
fritzr@dnr.state.wi.us
(608)266-1201
(608) 266-7542
(608) 267-0560
Wyoming
Department of Environmental Quality
Air Quality Division
122 West 25th Street-Herschler Building
Cheyenne, WY 82002
Contacts: Bernie Dailey, Charles Raffleson and Brian
Bohlman
E-Mail: bdaile@missc.state.wy.us,
craffe@missc.state.wy.us and
bbohlm@missc.state.wy.us
(307) 777-7391
(307)777-5616
F-16
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Appendix G
HMTWI Emission Inventory
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APPENDIX G--HMIWI EMISSION INVENTORY
The pollutants emitted from hospital/medical/infectious waste incinerators (HMIWI)
include the following:
• metals (cadmium, lead, and mercury),
• paniculate matter (PM),
• acid gases (hydrogen chloride, HC1, and sulfur dioxide, SO2),
• organic compounds (dioxins and furans),
• carbon monoxide (CO), and
• nitrogen oxides (NOX).
Emission factors for each of these pollutants are included in Table G-1. The emission
factors presented in Table G-1 were generated based on test data used for development of the
Emission Guidelines for HMIWI. For the most part, the emission factors presented in Table G-1
are similar to those presented in AP-42.1 The test data used to develop the emission factors in
Table G-1 was thoroughly reviewed for accuracy and reliability prior to use for the Emission
Guidelines. Therefore, the emission factors presented in Table G-l are appropriate emission
factors for use in developing the emission inventory to be submitted in Section 11 l(d)/129 State
Plans. The AP-42 emission factors may be used as well.
'U.S. Environmental Protection Agency. Compilation of Air Pollutant Emission Factors, 5th
ed. (AP-42), Vol. I: Stationary Point and Area Sources, Section 2.3: "Medical Waste
Incineration," Research Triangle Park, North Carolina: U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, January 1995.
G-l
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TABLE G-l. EMISSION FACTORS FOR HMIWI
Pollutant
CDD/CDF
CDD/CDF TEQ
CO
PM
HC1
Pb
SO,
Hgb
Cd
NO,
Emission factors, Ib emitted per Ib waste charged
Combustion Control
1/4-second
1.94x 1(T7
3.96 x 10'9
8.12x 10'3
6.87 x JO'3
2.24 x 10'2
3.80 x 10'5
3.20 x lO'4
3.70 x JO'5
4.10x ID'6
1.51 x 10'3
I -second
4.45 x 10'8
9.09 x ID'10
3.46 x 10'3
3.66 x 10'3
2.24 x IO'2
3.80 x IO'5
3.20 x 1Q-4
3.70 x IO'5
4.IOx IO'6
1.51 x 10"3
2-second
3.65 x 10'9
7.44 x 10-"
1.52xlO-4
2.29 x 10'3
2.24 x 10'2
3.80 x 10'5
3.20 x 10'4
3.70 x IO'5
4.10x IO'6
1.51 x 10"3
Wet Scrubbers
4.26 x 10"'°
1.01 x 1Q-"
1.52x JO'4
a
3.54 x 10'5
3.32 x 10'6
3.20 x 1Q-4
1.31 x IO'6
4.60 x 10'7
1.51 x l(r3
Dry scrubber w/o
carbon
3.65 x 10'9
7.44 x 1Q-"
1.52x 10'4
2.29 x 10'5
4.37 x JO'4
1.31 x ID'7
3.20 x 10'4
3.70 x 10'5
2.60 x lO'8
1.51 x 10'3
Dry scrubber w/
carbon
7.04 x 10-' '
1.68 x IO'12
1.52x 10'4
2.29 x 10'5
4.37 x JO"4
1.31 x lO'7
3.20 x 10'4
1.66x lO'6
2.60 x ID'8
1.51 x JO'3
9
to
,-4
alow efficiency: 8.70 xlO"4
moderate efficiency: 3.20x10
high efficiency: 1.60xlO"4
bWith waste reduction, the Hg emission factor for combustion control and dry scrubber w/o carbon would be 1.10 x 10"5.
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When estimating emissions from emission factors, the amount of waste burned per year at
a facility is simply multiplied by the pollutant emission factor. For example, to estimate the
annual Pb emissions (Ib/yr) for an HMIWI which bums 424,000 Ib of medical/infectious waste
per year and is equipped with a wet scrubber, the following calculation is performed:
(424,000 Ib waste/yr) x (3.32E-06 Ib Pb/lb waste) = 1.41 Ib Pb/yr
When using the HMIWI emission factors to estimate emissions, keep in mind that they
are average values, and that emissions from HMIWI are greatly affected by the composition of
the waste and may vary from facility to facility. Actual and reliable facility-specific stack
sampling results should be used in place of emission factors where available. The preferred
heirarchy for estimating emissions is as follows: (1) continuous emissions monitoring system
(CEMs) data, (2) stack sampling results, and (3) emission factors.
The following pages contain a sample inventory questionnaire which States may modify
as needed and have sources to complete. The inventory questionnaire requests information that
States may use in the development of their source inventories and emission inventories.
G-3
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SAMPLE INVENTORY QUESTIONNAIRE
A. FACILITY INFORMATION
Al. Facility name?
A2. Facility address?
A3. Contact person?
Name: .
Phone:
Fax:
A4. Type of facility? n Hospital
n Dentist Office
n Nursing Home
n Laboratory
Q Funeral Home
n Medical Office
n Veterinary Clinic
a Academic Institution
n Commercial Waste Disposal Company
D Pharmaceutical company
Other (please specify)
A5. In what county is the facility located?
B. INCINERATOR INFORMATION
B1. Is there, or has there ever been an incinerator or device located at the facility which combusts
hospital waste or medical/infectious waste as defined in the attached definitions? n Yes
DNo
a Not sure
«slf you answered "yes" to question Bl, please continue with question B2 below.
"S'lf you answered "no," your survey is complete - please return it to **********
•*If you answered "not sure" to question B1, please describe the device in question and discuss
what types of waste or fuel is being combusted below. Then proceed with question B2.
G-4
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B2. When did the facility purchase and install the incinerator?
B3. Is the incinerator a cement kiln? n Yes D No
B4. Is the incinerator a pyrolysis unit (if unsure see attached definition of pyrolysis)? n Yes
DNo
B5. Is the incinerator required to have a permit under section 3005 of the Solid Waste Disposal
Act? D Yes n No
B6. Is the incinerator subject to part 60 subpart Cb, Ea, or Eb (air emission standards and
guidelines for certain municipal waste combustors)? D Yes n No
B7. Please provide a rough estimate of the percentage (by weight) of the types of fuels and/or
wastes combusted in the incinerator each quarter (i.e., every 3 months):
% Hospital waste and medical/infectious waste (excluding wastes marked with a *
below)
% Pathological waste, low-level radioactive waste, and chemotherapeutic waste*
% Other (please indicate waste/fuel2 type)
B8. Does the incinerator accept waste from off-site? nYes n No
If you answered "yes," please indicate the source of waste below.
B9. Is the incinerator a batch, continuous, or intermittent incinerator according to the attached
definitions of batch incinerator, continuous incinerator, and intermittent incinerator?
n Batch D Continuous D Intermittent
"S"If you answered "batch" to question B9, skip to question B15 below.
«5=If you answered either "continuous" or "intermittent" to question B9, continue with question
BIO below.
BIO. How many hours do you charge waste/fuel3 into the incinerator per day? hr/day
B11. How many pounds of waste/fuel* do you typically charge per hour? Ib/hr
B12. On average, how many days per week is the incinerator operated? days/week
2Excluding fuels such a propane or natural gas used to maintain combustion chamber
temperatures
Excluding fuels such as propane or natural gas used to maintain combustion chamber
temperatures
G-5
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B13. On average, how many days per year is the incinerator operated? days/year
B14. Approximately, how many pounds of waste/fuel* is burned per year in the incinerator?
Ib/yr
«*• Skip to question B19 below.
B15. How many pounds of waste/fuel* do you charge into the incinerator per batch?
Ib/batch
B16. How many batches of waste/fuel* do you burn per week? batch/week
B17. How many batches of waste/fuel* do you burn per year? batch/year
B18. How many pounds of waste/fuel* do you burn per year? Ib/yr
•*• Continue with question B19 below.
B19. What is the gas residence time in the secondary combustion chamber? seconds
B20. What is the volume of the primary chamber of the incinerator in cubic feet? ft3
C. AIR POLLUTION CONTROL INFORMATION
Cl. Does the incinerator have any air pollution controls such as a wet scrubber, dry scrubber, or
other control system, etc? If so. Please identify the type of control along with the manufacturer
and model of the control system.
C2. If the incinerator is equipped with a dry scrubber, please indicate which of the type of
sorbent used (if any). n Lime a Activated carbon
Q Other (please specify)
G-6
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D. EMISSIONS TESTING INFORMATION
Dl. Has emissions testing been conducted at the incinerator for any of the following pollutants?
If so, please indicate the results of the emissions test(s) and the year(s) conducted below. (If
available, please present test results in the units provided below for each pollutant; if not, please
indicate the units used to express each test result)
Pollutant Year tested Test result
PM (gr/dscf)
CO (ppmv)
Hcl (ppmv)
Dioxin/furan (ng/dscm)
Nox (ppmv)
SO2 (ppmv)
Pb (mg/dscm)
Cd (mg/dscm)
Hg (mg/dscm)
D2. Has opacity testing been conducted at the incinerator? D Yes n No
If so, please indicate the results of the opacity test(s) and the year(s) conducted.
Year tested Test result (percent)
G-7
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E. MONITORING INFORMATION
El. Please indicate which of the following (if any) incinerator operating parameters are
monitored and method of monitoring (e.g., strip chart, flow meter, thermocouple, scale, etc.)
Parameter Monitoring method
n Primary chamber temperature
n Secondary chamber temperature
n Waste/fuel charge rate
D Flue gas temperature
a Other
n Other
D Other
n Other
E2. If the incinerator is equipped with a dry scrubber, please indicate which of the following
scrubber operating parameters are monitored (if any). If not equipped with a dry scrubber, skip
to the next question.
Parameter Monitoring method
n Fabric filter inlet temperature
D Lime flow rate
n Activated carbon flow rate
n Other sorbent flow rate
(sorbent type )
n Other
n Other
n Other
a Other
G-8
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E3. If the incinerator is equipped with a wet scrubber, please indicate which of the following
scrubber operating parameters are monitored (if any). If not equipped with a wet scrubber, skip
to the next question.
Parameter Monitoring method
n Scrubber liquor flow rate
n Scrubber liquor pH
n Scrubber outlet temperature
n Pressure drop across scrubber
n Scrubber energy input
(horsepower or amperage) ;
n Other
n Other
a Other
a Other
F. FACILITY INTENTIONS
Fl. The EPA's hospital/medical/infectious waste incinerator regulations promulgated on
September 15, 1997 require the State to develop a State Plan to regulate air emissions from
HMIWI. In most cases, HMIWI will need an air pollution control device to meet the emission
limits in the State Plan. The State Plan is to be approved or disapproved by EPA around
March 15, 1999. If approved by this date, HMIWI would be required to comply with the State
Plan by March 15, 2000. In light of the forthcoming State Plan, what are the facilities plans with
regard to continued HMIWI operation?
Comply with the regulations and continue HMIWI operation
Discontinue HMIWI operation and seek other waste disposal methods
Decision yet to be made
G-9
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DEFINITIONS
Listed below are some definitions that you may find to be useful when completing this survey.
Definitions are listed in alphabetical order.
Batch HMIWI means an HMIWI that is designed such that neither waste charging nor ash
removal can occur during combustion.
Bypass stack means a device used for discharging combustion gases to avoid severe
damage to the air pollution control device or other equipment.
Chemotherapeutic waste means waste material resulting from the production or use of
antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
Continuous emission monitoring system or CEMS means a monitoring system for
continuously measuring and recording the emissions of a pollutant from an affected facility.
Continuous HMIWI means an HMIWI that is designed to allow waste charging and ash
removal during combustion.
Dry scrubber means an add-on air pollution control system that injects dry alkaline
sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid
gases in the HMIWI exhaust stream forming a dry powder material.
Hospital means any facility which has an organized medical staff, maintains at least six
inpatient beds, and where the primary function of the institution is to provide diagnostic and
therapeutic patient services and continuous nursing care primarily to human inpatients who are
not related and who stay on average in excess of 24 hours per admission. This definition does
not include facilities maintained for the sole purpose of providing nursing or convalescent care to
human patients who generally are not acutely ill but who require continuing medical supervision.
Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit means any
device that combusts any amount of hospital waste and/or medical/infectious waste.
Hospital waste means discards generated at a hospital, except unused items returned to
the manufacturer. The definition of hospital waste does not include human corpses, remains, and
anatomical parts that are intended for interment or cremation.
Intermittent HMIWI means an HMIWI that is designed to allow waste charging, but not
ash removal, during combustion.
Low-level radioactive waste means waste material which contains radioactive nuclides
emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed
applicable federal or State standards for unrestricted release. Low-level radioactive waste is not
high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)).
Medical/infectious waste means any waste generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the production or
testing of biologicals that is listed below:
(1) Cultures and stocks of infectious agents and associated biologicals, including:
cultures from medical and pathological laboratories; cultures and stocks of infectious agents from
research and industrial laboratories; wastes from the production of biologicals; discarded live and
attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Human pathological waste, including tissues, organs, and body parts and body fluids
G-10
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that are removed during surgery or autopsy, or other medical procedures, and specimens of body
fluids and their containers.
(3) Human blood and blood products including:
(i) Liquid waste human blood;
(ii) Products of blood;
(iii) Items saturated and/or dripping with human blood; or
(iv) Items that were saturated and/or dripping with human blood that are now caked with
dried human blood; including serum, plasma, and other blood components, and their containers,
which were used or intended for use in either patient care, testing and laboratory analysis or the
development of pharmaceuticals. Intravenous bags are also include in this category.
(4) Sharps that have been used in animal or human patient care or treatment or in
medical, research, or industrial laboratories, including hypodermic needles, syringes (with or
without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious agents). Also included are other
types of broken or unbroken glassware that were in contact with infectious agents, such as used
slides and cover slips.
(5) Animal waste including contaminated animal carcasses, body parts, and bedding of
animals that were known to have been exposed to infectious agents during research (including
research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.
(6) Isolation wastes including biological waste and discarded materials contaminated
with blood, excretions, exudates, or secretions from humans who are isolated to protect others
from certain highly communicable diseases, or isolated animals known to be infected with highly
communicable diseases.
(7) Unused sharps including the following unused, discarded sharps: hypodermic
needles, suture needles, syringes, and scalpel blades.
The definition of medical/infectious waste does not include hazardous waste identified or
listed under the regulations in part 261 of this chapter; household waste, as defined in
§ 261.4(b)(l) of this chapter; ash from incineration of medical/infectious waste, once the
incineration process has been completed; human corpses, remains, and anatomical parts that are
intended for interment or cremation; and domestic sewage materials identified in § 261.4(a)(l) of
this chapter.
Pathological waste means waste material consisting of only human or animal remains,
anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste
material, and animal bedding (if applicable).
Primary chamber means the chamber in an HMIWI that receives waste material, in which
the waste is ignited, and from which ash is removed.
Pyrolysis means the endothermic gasification of hospital waste and/or medical/infectious
waste using external energy.
Secondary chamber means a component of the HMIWI that receives combustion gases
from the primary chamber and in which the combustion process is completed.
Wet scrubber means an add-on air pollution control device that utilizes an alkaline
scrubbing liquor to collect particulate matter (including nonvaporous metals and condensed
organics) and/or to absorb and neutralize acid gases.
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Appendix H
References On Health Effects
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APPENDIX H - REFERENCES ON HEALTH EFFECTS
Note: A Health Risk Assessment is not a required element of a valid State Plan
submittal nor is it required for EPA approval of a State Plan. Because of general
interest, the following is provided as background information only.
References
1. Air Risk Information Support Center (Air RISC), (Hotline at 919 541-0888.) Health
Effects Notebook for Hazardous Air Pollutants. December 1994, Review Draft.
2. M. Sittig. Hffldbook of Toxic and Hazardous Chemicals and Carcinogens. 2nd ed. Noyes
Publications, Park Ridge, NJ. 1985.
5. E.J. Calabrese and E.M. Kenyon. Air Toxics and Risk Assessment. Lewis Publishers,
Chelsea, MI. 1991.
6. The Merck Index. An Encyclopedia of Chemicals. Drugs, and Biolopcals. llthed. ED.
S. Budavari. Merck and Co. Inc., Rahway, NJ. 1989.
7. U.S. Department of Health and Human Services. Hazardous Substances Data Bank
(HSDB, online database). National Toxicology Information Program, National Library of
Medicine, Bethesda, MD. 1993.
8. U.S. Department of Health and Human Services. Registry of Toxic Effects of Chemical
Substances (RTECS, online database). National Toxicology Information Program,
National Library of Medicine, Bethesda, MD. 1993.
9. U.S. Environmental Protection Agency. Integrated Risk Information System (IRIS).
Environmental Criteria and Assessment Office, Office of Health and Environmental
Assessment, Office of Research and Development, Cincinnati, OH. 1993.
10 International Agency for Research on Cancer (IARC). LARC Monographs on the
Evaluation of the Carcinogenic Risk of Chemicals to Man: Cadmium. Nickel. Some
Epoxides. Miscellaneous Industrial Chemicals and General Considerations on Volatile
Anaesthetics. Volume 11. World Health Organization, Lyon. 1976.
12. U.S. Environmental Protection Agency. Technical Background Document to Support
Rulemakine Pursuant to the Clean Air Act-Section 112(e). Ranking of Pollutants with
Respect to Hazard to Human Health. EPA-450/3-92-010. Emissions Standards Division,
Office of Air Quality Planning and Standards, Research Triangle Park, NC. 1994.
13. U.S. Environmental Protection Agency. Health Assessment Document for
2.3.7.8-Tetrachlorodibenzo-p-Dioxin and Related Compounds. External Review Draft,
Office of Research and Development, Washington DC. 1994.
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14. U.S. Environmental Protection Agency. Review of the National Ambient Air Quality
Standards for Nitrogen Dioxide: Assessment of Scientific and Technical Information.
EPA-452/R-9S-OOS. Office of Air Quality Planning and Standards, Research Triangle
Park, North Carolina. 1995.
15. U.S. Environmental Protection Agency. Review of the National Ambient Air Quality
Information. External Review Draft. Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina. 1996.
16. U.S. Environmental Protection Agency. Air Quality Criteria for Participate Matter.
EPA/600/AP-95/OOlc. Office of Research and Development, Washington DC. 1995.
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Appendix I
NSR Permit Requirements for HMIWI
II NSR Requirements
12 Memo: Pollution Control Projects and New Source Review
Applicability
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Appendix II
NSR Requirements
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APPENDIX I1--NSR REQUIREMENTS
Note: A New Source Review (NSR) permit is not a required element of a valid
State Plan submittal nor is it required for EPA approval of a State Plan. Because
of general interest, the following is provided as background information only.
NSR - General Background
Owners of existing major emission sources that are altered in certain ways are subject to
preconstruction permitting and other requirements of Parts C and D of Titk I of tbeCAA. These
permitting and review requirements are collectively called major New Source Review (NSR).
Major NSR review includes both air quality impact analysis and emission control analysis.1
In 1994, EPA issued a policy memorandum which allowed, on a case-by-case basis,
exclusion of pollution control projects at existing major sources from major NSR permit
requirements. Under this policy the state performs a review and determines whether major NSR
applies. Projects excluded from major NSR by states may still be subject to state minor NSR
requirements and other state regulations.
NSR and Retrofits at HMTWI
Under the Subpart Ce Emission Guidelines many existing HMIWI will have to retrofit air
pollution control systems to reduce emissions of various pollutants. In most cases the HMIWI
undergoing retrofit are expected to install the types of air pollution control described in the
medical waste incinerator Background Information Documents, September 15,1997 Federal
Register, and in the NSR policy memorandum for air pollution control projects. For major
NSR applicability, the EPA has concluded that HMIWI that undergo the types of control projects
mentioned above and that maintain similar annual utilization rates (tons of
hosptial/medical/infectious solid waste fired per year), meet the criteria for a pollution control
project and meet the criteria for environmental safeguards as described in the NSR policy memo
for air pollution control projects. The EPA has concluded that retrofit of these types of emissions
control projects at HMIWI can, therefore, be exempt from major NSR by states. The EPA will
rely on the state programs to ensure that the procedural and other safeguards in the NSR policy
memo are satisfied.
Nothing in this guidance precludes a state from conducting a major NSR of a HMIWI
retrofit. The EPA encourages states to make NSR applicability determinations as early as
possible so they can be incorporated into the Section 11 l(d)/129 State Plan submittal (plans are
due September 15,1998).
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Notes:
1. See EPA's New Source Review Workshop Manual, Prevention of Significant
Deterioration and Non Attainment Area Permitting October 1990 DRAFT for definition
of key NSR terms.
2. See memorandum "Pollution Control Project and New Source Review (NSR)
Applicability" July 1,1994, from John Seitz, Director of Air Quality Planning and
Standards.
3. Background Information Documents for proposed and promulgated HMIWINSPS and
Emission Guidelines:
"Medical Waste Incinerators - Background Information for Proposed Standards and
Guidelines: Industry Profile Report for New and Existing Facilitest," EPA-453/R-94-
042a, July 1994;
"Medical Waste Incinerators - Background Information for Proposed Standards and
Guidelines: Control Technology Perforamnce Reprt for New and Existing Facilities,"
EPA-453/R-94-044a, July 1994;
"Medical Waste Incinerators - Background Information for Proposed Standards and
Guidelines: Model Plant Description and Cost Report for New and Existing Facilities,"
EPA-453/R-94-045a, July 1994;
"Hospital/Medical/Infectious Waste Incinerators: Background Information for
Promulgated Standards and Guidelines - Summary of Public Comments and Responses,'
EPA-453/R-97-006b, July 1997.
4. Standards of Performance for New Stationary Sources and Emission Guidelines for
Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Final Rule. Federal
Register Vol. 62, No. 178, Page 48347. September 17, 1997.
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Appendix 12
Memo: Pollution Control Projects and New Source Review Applicability
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APPENDIX I2-MEMO: POLLUTION CONTROL PROJECTS AND
NEW SOURCE REVIEW APPLICABILITY
July 1,1994
MEMORANDUM
SUBJECT: Pollution Control Projects and New Source Review (NSR) Applicability
FROM:
TO:
John S. Seitz, Director
Office of Air Quality Planning and Standards (MD-10)
Director, Air, Pesticides and Toxics
Management Division, Regions I and IV
Director, Air and Waste Management Division,
Region n
Director, Air, Radiation and Toxics Division,
Region HI
Director, Air and Radiation Division,
Region V
Director, Air, Pesticides and Toxics Division,
Region VI
Director, Air and Toxics Division,
Regions VD, Vffl, IX and X
This memorandum and attachment address issues involving the Environmental Protection
Agency's (EPA's) NSR rules and guidance concerning the exclusion from major NSR of
pollution control projects at existing sources. The attachment provides a full discussion of the
issues and this policy, including illustrative examples.
For several years. EPA has had a policy of excluding certain pollution control projects
from the NSR requirements of parts C and D of title I of the Clean Air Act (Act) on a case-by-
case basis. In 1992, EPA adopted an explicit pollution control project exclusion for electric
utility generating units [see 57 FR 32314 (the "WEPCO rule" or the "WEPCO rulemaking")]. At
the time, EPA indicated that it would, in a subsequent rulemaking, consider adopting a formal
pollution control project exclusion for other source categories [see 57 FR 32332]. In the interim,
EPA stated that individual pollution control projects
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involving source categories other than utilities could continue to be excluded from NSR by
permitting authorities on a case-by-case basis [see 57 FR at 32320]. At this time, EPA expects to
complete a rulemaking on a pollution control project exclusion for other source categories in
early 1996. This memorandum and attachment provide interim guidance for permitting
authorities on the approvability of these projects pending EPA's final action on a formal
regulatory exclusion.
The attachment to this memorandum outlines in greater detail the type of projects that
may qualify for a conditional exclusion from NSR as a pollution control project, the safeguards
that are to be met, and the procedural steps that permitting authorities should follow in issuing an
exclusion. Projects that do not meet these safeguards and procedural steps do not qualify for an
exclusion from NSR under this policy. Pollution control projects potentially eligible for an
exclusion (provided all applicable safeguards are met) include the installation of conventional or
innovative emissions control equipment and projects undertaken to accommodate switching to ar
inherently less-polluting fuel, such as natural gas. Under this guidance, States may also exclude
as pollution control projects some material and process changes (e.g., the switch to a less
polluting coating, solvent, or refrigerant) and some other types of pollution prevention projects
undertaken to reduce emissions of air pollutants subject to regulation under the Act.
The replacement of an existing emissions unit with a newer or different one (albeit more
efficient and less polluting) or the reconstruction of an existing emissions unit does not qualify a
a pollution control project. Furthermore, this guidance only applies to physical or operational
changes whose primary function is the reduction of air pollutants subject to regulation under the
Act at existing major sources. This policy does not apply to air pollution controls and emissions
associated with a proposed new source. Similarly, the fabrication, manufacture or production of
pollution control/prevention equipment and inherently less-polluting fuels or raw materials are
not pollution control projects under this policy (e.g., a physical or operational change for the
purpose of producing reformulated gasoline at a refinery is not a pollution control project).
It is EPA's experience that many bona fide pollution control projects are not subject to
major NSR requirements for the simple reason that they result in a reduction in annual emission:
at the source. In this way, these pollution control projects are outside major NSR coverage in
accordance with the general rules for determining applicability of NSR to modifications at
existing sources. However, some pollution control projects could result in significant potential
or actual increases of some pollutants.
These latter projects comprise the subcategory of pollution control projects that can benefit frorr
this guidance.
A pollution control project must be, on balance, "environmentally beneficial" to be
eligible for an exclusion. Further, an environmentally-beneficial pollution control project may I
excluded from otherwise applicable major NSR requirements only under conditions that ensure
that the project will not cause or contribute to a violation of a national ambient air quality
standard (NAAQS), prevention of significant deterioration (PSD) increment, or adversely affect
visibility or other air quality related value (AQRV). In order to assure that air quality concerns
with these projects are adequately addressed, there are two substantive and two procedural
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safeguards which are to be followed by permitting authorities reviewing projects proposed for
exclusion.
First, the permitting authority must determine that the proposed pollution control project,
after consideration of the reduction in the targeted pollutant and any collateral effects, will be
environmentally beneficial. Second, nothing in this guidance authorizes any pollution control
project which would cause or contribute to a violation of a NAAQS, or PSD increment, or
adversely impact an AQRV in a class I area. Consequently, in addition to this "environmentally-
beneficial'' standard, the permitting authority must ensure that advene collateral environmental
impacts from the project are identified, minimirrd, and, where appropriate, mitigated. For
example, the source or the State must secure offsetting reductions in the case of a project which
will result in a significant increase in a nonattainment pollutant. Where a significant collateral
increase in actual emissions is expected to result from a pollution control project, the permitting
authority must also assess whether the increase could adversely affect any national ambient air
quality standard, PSD increment, or class I AQRV.
In addition to these substantive safeguards, EPA is specifying two procedural safeguards
which are to be followed. First, since the exclusion under this interim guidance is only available
on a case-by-case basis, sources seeking exclusion from major NSR requirements prior to the
forthcoming EPA rulemaking on a pollution control project exclusion must, before beginning
construction, obtain a determination by the permitting authority that a proposed project qualifies
for an exclusion from major NSR requirements as a pollution control project. Second, in
considering this request, the permitting authority must afford the public an opportunity to review
and comment on the source's application for this exclusion. It is also important to note that any
project excluded from major new source review as a pollution control project must still comply
with all otherwise applicable requirements under the Act and the State implementation plan
(SIP), including minor source permitting.
This guidance document does not supersede existing Federal or State regulations or
approved SIP s. The policies set out in this memorandum and attachment are intended as
guidance to be applied only prospectively (including those projects currently under evaluation for
an exclusion) during the interim period until EPA takes action to revise its NSR rules, and do not
represent final Agency action. This policy statement is not ripe for judicial review. Moreover, it
is not intended, nor can it be relied upon, to create any rights enforceable by any party in
litigation with the United States. Agency officials may decide to follow the guidance provided in
this memorandum, or to act at variance with the guidance, based on an analysis of specific
circumstances. The EPA also may change this guidance at any time without public notice. The
EPA presently intends to address the matters discussed in this document in a forthcoming NSR
rulemaking regarding proposed changes to the program resulting from the NSR Reform process
and will take comment on these matters as part of that rulemaking.
As noted above, a detailed discussion of the types of projects potentially eligible for an
exclusion from major NSR as a pollution control project, as well as the safeguards such projects
must meet to qualify for the exclusion, is contained in the attachment to this memorandum. The
Regional Offices should send this memorandum with the attachment to States within their
jurisdiction. Questions concerning specific issues and cases should be directed to the appropriate
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EPA Regional Office. Regional Office staff may contact David Solomon, Chief, New Source
Review Section, at (919) 541-5375, if they have any questions.
Attachment
cc: Air Branch Chief, Regions I-X
NSR Reform Subcommittee Members
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Attachment
GUIDANCE ON EXCLUDING POLLUTION CONTROL PROJECTS
FROM MAJOR NEW SOURCE REVIEW (NSR)
L Purpose
The Environmental Protection Agency (EPA) presently expects to complete a i
on an exclusion from major NSR for pollution control projects by early 1996. b die interim.
certain types of projects (involving source categories other than utilities) may qualify on a <
by-case basis for an exclusion from major NSR as pollution control projects. Prior to EPA1* final
action on a regulatory exclusion, this attachment provides interim guidance for permitting
authorities on the types of projects mat may qualify on a case-by-case basis from major NSR as
pollution control projects, including the substantive and procedural safeguards which apply.
n. Background
The NSR provisions of pan C [prevention of significant deterioration (PSD)] and part D
(nonattainment requirements) of title I of the Clean Air Act (Act) apply to both the construction
of major new sources and the modification of existing major sources.1 The modification
provisions of the NSR programs in parts C and D are based on the broad definition of
modification in section 11 l(a)(4) of the Act. That section contemplates a two-step test for
determining whether activities at an existing major facility constitute a modification subject to
new source requirements. In the first step, the reviewing authority determines whether a physical
or operational change will occur. In the second step, the question is whether the physical or
operational change will result in any increase in emissions of any regulated pollutant.
The definition of physical or operational change in
section 11 l(aK4) could, standing alone, encompass the most mundane activities at an industrial
facility (even the repair or replacement of a single leaky pipe, or a insignificant change in the way
that pipe is utilized). However, EPA has recognized that Congress did not intend to make every
acti\it\ at a source subject to new source requirements under parts C and D. As a result, EPA
has b\ regulation limited the reach of the modification provisions of parts C and D to only major
modifications. Under NSR, a "major modification" is generally a physical change or change in
the method of operation of a major stationary source which would result in a significant net
emissions increase in the emissions of any regulated pollutant [see. e.g.. 40 CFR 52.21(b)(2Ki)J.
A "net emissions increase" is defined as the increase in "actual emissions" from the particular
physical or operational change together with any other contemporaneous increases or decreases
in actual emissions (see, e.g., 40 CFR 52.21(b)(3)(i)]. In order to trigger major new source
review, the net emissions increase must exceed specified "significance" levels [see, e.g., 40 CFR
52.21(b)(2)(i) and 40 CFR 52.21(b)(23)]. The EPA has also adopted common-sense exclusions
from the "physical or operational change" component of the definition of "major modification."
1The EPA's NSR regulations for nonattainment areas are set forth at 40 CFR 51.165,
52.24 and pan 51, Appendix S. The PSD program is set forth in 40 CFR 52.21 and 51.166.
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For example, EPA's regulations contain exclusions for routine maintenance, repair, and
replacement; for certain increases in the hours of operation or in the production rate; and for
certain types of fuel switches [see, e.g., 40 CFR S2.21(bX2Xiii)].
In the 1992 "WEPCO" rulemaking [57 FR 32314], EPA amended its PSD and
nonattainment NSR regulations as they pertain to utilities by adding certain pollution control
projects to the list of activities excluded from the definition of physical or operational changes.
In taking that action, EPA stated it was largely formalizing an existing policy onder which it had
been excluding individual pollution control projects where it was found mat the project "would
be environmentally beneficial, taking into account ambient air quality" [57 FR at 32320; see also
id., n. 15].2
The EPA has provided exclusions for pollution control projects in the form of "no action
assurances" prior to
November 15,1990 and nonapplicability determinations based on Act changes as of November
15,1990 (1990 Amendments). Generally, these exclusions addressed clean coal technology
projects and fuel switches at electric utilities.
Because the WEPCO rulemaking was directed at the utility industry which faced
"massive industry-wide undertakings of pollution control projects" to comply with the acid rain
provisions of the Act [57 FR 32314], EPA limited the types of projects eligible for the exclusion
to add-on controls and fuel switches at utilities. Thus, pollution control projects under the
WEPCO rule are defined as:
any activity or project undertaken at an existing electric utility
steam generating unit for purposes of reducing emissions from
such unit. Such activities or projects are limited to:
(A) The installation of conventional or innovative pollution
control technology, including but not limited to advanced flue gas
desulfurization, sorbent injection for sulfur dioxide (SO2) and
nitrogen oxides (NOX) controls and electrostatic precipitators;
(B) An activity or project to accommodate switching to a fuel
which is less polluting than the fuel in use prior to the activity or
project...
[40 CFR 51.165(a)(l)(xxv) (emphasis added)].
The definition also includes certain clean coal technology demonstration projects. Id.
The EPA built two safeguards into the exclusion in the rulemaking. First, a project that
meets the definition of pollution control project will not qualify for the exclusion where the
2This guidance pertains only to source categories other than electric utilities, and EPA
does not intend for this guidance to affect the WEPCO rulemaking in any way.
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"reviewing authority determines that (the proposed project) renders the unit less environmentally
beneficial..." [see, e.g., 51.165(aXD(vXCX8)]. In the WEPCO rale, EPA did not provide any
specific definition of the environmentally- beneficial standard, although it did indicate that me
pollution control project provision "provides for a case-by-case assessment of the pollution
control project's net emissions and overall impact on the environment" [57 FR 32321]. This
provision is buttressed by a second safeguard that directs permitting authorities to evaluate the air
quality impacts of pollution control projects that could-through collateral emissions increases or
changes in utilization patteras-adversely impact local air quality [see 57 FR 32322]. This
provision generally authorizes, as appropriate, a permitting authority to require nuMMlip; of
emissions increases associated with a pollution control project Id. More fundamentally, it
explicitly states that no pollution control project under any circumstances may cause or
contribute to violation of a national ambient air quality standard (NAAQS), PSD increment, or
air quality related value (AQRV) in a class I area. Id.
As noted, the WEPCO rulemaking was expressly limited to existing electric utility steam
generating units [see, e.g., 40 CFR 5U6S(aXl)(v)(CX8) and 51.165(a)(lXxx)]. The EPA
limited the rulemaking to utilities because of the impending acid rain requirements under title IV
of the Act, EPA's extensive experience with new source applicability issues for electric utilities,
the general similarity of equipment, and the public availability of utility operating projections.
The EPA indicated it would consider adopting a formal NSR pollution control project exclusion
for other source categories as part of a separate NSR rulemaking. The rulemaking in question is
now expected to be finalized by early 1996. On the other hand, the WEPCO rulemaking also
noted that EPA's existing policy was, and would continue to be, to allow permitting authorities to
exclude pollution control projects in other source categories on a case-by-case basis.
HI. Case-By-Case Pollution Control Project Determinations
The following sections describe the type of projects that may be considered by permitting
authorities for exclusion from major NSR as pollution control projects and two safeguards that
permitting authorities are to use in evaluating such projects-trie environmentally-beneficial test
and an air quality impact assessment. To a large extent, these requirements are drawn from the
WEPCO rulemaking. However, because the WEPCO rule was designed for a single source
3The WEPCO rule refers specifically to "visibility limitation" rather than "air quality
related values." However, EPA clearly stated in the preamble to the final rule that permitting
agencies have the authority to "solicit the views of others in taking any other appropriate
remedial steps deemed necessary to protect class I areas.... The EPA emphasizes that all
environmental impacts, including those on class I areas, can be considered...." [57 FR 32322].
Further, the statutory protections in section 165(d) plainly are intended to protect against any
"adverse impact on the AQRV of such [class I] lands (including visibility)." Based on this
statutory provision, EPA believes that the proper focus of any air quality assessment for a
pollution control project should be on visibility and any other
relevant AQRV's for any class I areas that may be affected by the proposed project. Permitting
authorities should notify Federal Land Managers where appropriate concerning pollution control
projects which may adversely affect AQRV's in class 1 areas.
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category, electric utilities, it cannot and does not serve as a complete template for this guidance.
Therefore, the following descriptions expand upon the WEPCO rale in the scope of qualifying
projects and in the specific elements inherent in the safeguards. These changes reflect the far
more complicated task of evaluating pollution control projects at a wide variety of sources facing
a myriad of Federal, State, and local clean air requirements.
Since the safeguards are an integral component of the exclusion, States must have the
authority to impose the safeguards in approving an exclusion from major NSR under this policy.
Thus, State or local permitting authorities in order to use mis policy should provide statements to
EPA describing and affirming the basts for its authority to impose these safeguards absent major
NSR. Sources that obtain exclusions from permitting authorities mat have not provided this
affirmation of authority are at risk in seeking to rely on the exclusion issued by the permitting
agency, because EPA may subsequently determine that the project does not qualify as a pollution
control project under this policy.
A. Types of Projects Covered
1. Add-On Controls and Fuel Switches
In the WEPCO rulemaking, EPA found that both add-on emissions control projects and
fuel switches to less-polluting fuels could be considered to be pollution control projects. For the
purposes of today's guidance, EPA affirms that these types of projects are appropriate candidates
for a case-by-case exclusion as well. These types of projects include:
- the installation of conventional and advanced flue gas desulfurization and sorbent
injection for SO2;
- electrostatic precipitators, baghouses. high efficiency multiclones, and scrubbers for
paniculate or other pollutants;
- flue gas recirculation, low-NOx burners, selective non-catalytic reduction and selecme
catalytic reduction for NOX: and
- regenerative thermal oxidizers (RTO), catalytic oxidizers, condensers, thermal
incinerators, flares and carbon adsorbers for volatile organic compounds (VOC) and toxi
air pollutants.
Projects undertaken to accommodate switching to an inherently less-polluting fuel such ;
natural gas can also qualify for the exclusion. Any activity that is necessary to accommodate
switching to a inherently less-polluting fuel is considered to be part of the pollution control
project. In some instances, where the emissions unit's capability would otherwise be impaired a
a result of the fuel switch, this may involve certain necessary changes to the pollution generatinj
equipment (e.g., boiler) in order to maintain the normal operating capability of the unit at the
time of the project.
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2. ' Pollution Prevention Projects
It is EPA's policy to promote pollution prevention approaches and to remove regulatory
barriers to sources seeking to develop and implement pollution prevention solutions to the extent
allowed under the Act. For this reason, permitting authorities may also apply this exclusion to
switches to inherently less-polluting raw materials and processes and certain other types of
"pollution prevention" projects.4 For instance, many VOC users will be making switches to
water-based or powder-paint application systems as a strategy lor meeting reasonably available
control technology (RACT) or switching to a non-toxic VOC to comply with tM-rimiim
achievable control technology (MACT) requirements.
Accordingly, under today's guidance, permitting authorities may consider excluding raw
material substitutions, process changes and other pollution prevention strategies where the
pollution control aspects of the project are clearly evident and will result in substantial emissions
reductions per unit of output for one or more pollutants. In judging whether a pollution
prevention project can be considered for exclusion as a pollution control project, permitting
authorities may also consider as a relevant factor whether a project is being undertaken to bring a
source into compliance with a MACT, RACT, or other Act requirement.
Although EPA is supportive of pollution control and prevention projects and strategies,
special care must be taken in classifying a project as a pollution control project and in evaluating
a project under a pollution control project exclusion. Virtually every modernization or upgrade
project at an existing industrial facility which reduces inputs and lowers unit costs has the
concurrent effect of lowering an emissions rate per unit of fuel, raw material or output.
Nevertheless, it is clear that these major capital investments in industrial equipment are the very
types of projects that Congress intended to address in the new source modification provisions
[see Wisconsin Electric Power Co. v. Reillv. 893 F.2d 901, 907-10 (7th Cir. 1990) (rejecting
contention that utility life extension project was not a physical or operational change); Puerto
Rican Cement Co.. Inc. v. EPA. 889 F.2d 292, 296-98 (1st Cir. 1989) (NSR applies to
modernization project that decreases emissions per unit of output, but increases economic
efficienc\ such that utilization may increase and result in net increase in actual emissions)].
Likewise, the replacement of an existing emissions unit with a newer or different one (albeit
more efficient and less polluting) or the reconstruction of an existing emissions unit would not
qualify as a pollution control project. Adopting a policy that automatically excludes from NSR
any project that, while lowering operating costs or improving performance, coincidentally lowers
a unit's emissions rate, would improperly exclude almost all modifications to existing emissions
4For purposes of this guidance, pollution prevention means any activity that through
process changes, product reformulation or redesign, or substitution of less polluting raw
materials, eliminates or reduces the release of air pollutants and other
pollutants to the environment (including fugitive emissions) prior to recycling, treatment, or
disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy
recovery, treatment, or disposal [see Pollution Prevention Act of 1990 section 6602(b) and
section 6603(5)(A) and (B); see also "EPA Definition of Pollution Prevention,'" memorandum
from F. Henry Habicht D, May 28, 1992].
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units, including those that are likely to increase utilization and therefore result in overall higher
levels of emissions.
In order to limit this exclusion to the subset of pollution prevention projects that will in
fact lower annual emissions at a source, permitting authorities should not exclude as pollution
control projects any pollution prevention project that can be reasonably expected to result in an
increase in the utilization of the affected emissions unit(s). For example, projects which
significantly increase capacity, decrease production costs, or improve product marketability cat
be expected to affect utilization patterns. With these changes, the environment may or may not
see a reduction in overall source emissions; it depends on the source's operations after the
change, which cannot be predicted with any certainty.5 This is not to say that these types of
projects are necessarily subject to major NSR requirements, only that they should not be
excluded as pollution control projects under this guidance. The EPA may consider different
approaches to excluding pollution prevention projects from major NSR requirements in the
upcoming NSR rulemaking. Under this guidance, however, permitting authorities should
carefully review proposed pollution prevention projects to evaluate whether utilization of the
source will increase as a result of the project
Furthermore, permitting authorities should have the authority to monitor utilization of;
affected emissions unit or source for a reasonable period of time subsequent to the project to
verify what effect, if any, the project has on utilization. In cases where the project has clearly
caused an increase in utilization, the permitting authority may need to reevaluate the basis for 1
original exclusion to verify that an exclusion is still appropriate and to ensure that all applicabl
safeguards are being met.
B. Safeguards
The following safeguards are necessary to assure that projects being considered for an
exclusion qualify as environmentally beneficial pollution control projects and do not have ajr
quality impacts which would preclude the exclusion. Consequently, a project that does not m<
these safeguards does not qualify for an exclusion under this pohc>.
1. Environmentally-Beneficial Test
Projects that meet the definition of a pollution control project outlined above may
nonetheless cause collateral emissions increases or have other adverse impacts. For instance.
large VOC incinerator, while substantially eliminating VOC emissions, may generate sizeable
NOX emissions well in excess of significance levels. To protect against these sorts of problen
EPA in the WEPCO rule provided for an assessment of the overall environmental impact of a
This is in marked contrast to the addition of pollution control equipment which typic
does not, in EPA's experience, result in any increase in the source's utilization of the emission
unit in question. In the few instances where this presumption is not true, the safeguards
discussed in the next section should provide adequate environmental protections for these
additions of pollution control equipment.
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project and the specific impact, if any, on air quality. The EPA believes that this safeguard is
appropriate in this policy as well.
Unless information regarding a specific case indicates otherwise, the types of pollution
control projects listed in ffl. A. 1. above can be presumed, by their nature, to be environmentally
beneficial. This presumption arises from EPA's experience that historically these are die very
types of pollution controls applied to new and modified emissions units. The presumptioo does
not apply, however, where there is reason to believe that 1) the controls will not be designed,
operated nr mainlined in a manner consistent with standard and reasonable practices: or 2)
collateral emissions increases have not been adequately addressed as discussed below.
In making a determination as to whether a project is environmentally beneficial, the
permitting authority must consider the types and quantity of air pollutants emitted before and
after the project, as well as other relevant environmental factors. While because of the case-by-
case nature of projects it is not possible to list all factors which should be considered in any
particular case, several concerns can be noted.
First, pollution control projects which result in an increase in non-targeted pollutants
should be reviewed to determine that the collateral increase has been minimised and will not
result in environmental harm. Minimization here does not mean that the permitting agency
should conduct a BACT-type review or necessarily prescribe add-on control equipment to
treat the collateral increase. Rather, minimization means that, within the physical configuration
and operational standards usually associated with such a control device or strategy, the source has
taken reasonable measures to keep any collateral increase to a minimum. For instance, the
permitting authority could require that a low-NOx burner project be subject to temperature and
other appropriate combustion standards so that carbon monoxide (CO) emissions are kept to a
minimum, but would not review the project for a CO catalyst or other add-on type options. In
addition, a State's RACT or MACT rule may have explicitly considered measures for minimizing
a collateral increase for a class or category of pollution control projects and requires a standard of
best practices to minimize such collateral increases. In such cases, the need to minimize
collateral increase from the covered class or category of pollution control projects can be
presumed to have been adequately addressed in the rule.
In addition, a project which would result in an unacceptable increased risk due to the
release of air toxics should not be considered environmentally beneficial. It is EPA's experience.
however, that most projects undertaken to reduce emissions, especially add-on controls and fuel
switches, result in concurrent reductions in air toxics. The EPA expects that many pollution
control projects seeking an exclusion under this guidance will be for the purpose of complying
with MACT requirements for reductions in air toxics. Consequently, unless there is reason to
believe otherwise, permitting agencies may presume that such projects by their nature will result
in reduced risks from air toxics.
2. Additional Air Quality Impacts Assessments
(a) General
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Nothing in the Act or EPA's implementing regulations would allow a permitting authority
to approve a pollution control project resulting in an emissions increase that would cause or
contribute to a violation of a NAAQS or PSD increment, or adversely impact visibility or other
AQRV in a class I area [see, e.g., Act sections 110(a)(2XC), 165,169A(b), 173]. Accordingly,
this guidance is not intended to allow any project to violate any of these air quality standards.
As discussed above, it is possible that a pollution control project-either through an
increase in an emissions rate of a collateral pollutant or through a change in utilization-will
cause an increase in actual emissions, which hi turn could cause or contribute to a violation of a
NAAQS or increment or
adversely impact AQRV's. For this reason, in the WEPCO rule the EPA required sources to
address whenever 1) the proposed change would result in a significant net increase hi actual
emissions of any criteria pollutant over levels used for that source in the most recent air quality
impact analysis; and 2) die permitting authority has reason to believe that such an increase woul
cause or contribute to a violation of a NAAQS, increment or visibility limitation. If an air qualii
impact analysis indicates that the increase in emissions will cause or contribute to a violation of
any ambient standard, PSD increment, or AQRV, the pollution control exclusion does not apply
The EPA believes that this safeguard needs to be applied here as well. Thus, where a
pollution control project will result in a significant increase in emissions and that increased leve
has not been previously analyzed for its air quality impact and raises the possibility of a N AAQ
increment, or AQRV violation, the permitting authority is to require the source to provide an aii
quality analysis sufficient to demonstrate the impact of the project. The EPA will not necessari
require that the increase be modeled, but the source must provide sufficient data to satisfy the
permitting authority that the new levels of emissions will not cause a NAAQS or increment
violation and will not adversely impact the AQRV's of nearby potentially affected class I areas.
In the case of nonattainmem areas, the State or the source must provide offsetting
emissions reductions for any significant increase in a nonattainment pollutant from the pollutio:
control project. In other words, if a significant collateral increase of a nonattainment pollutant
resulting from a pollution control project is not offset on at least a one-to-one ratio then the
pollution control project would not qualify as environmentally beneficial.6 However, rather th£
having to apply offsets on a case-by-case basis, States may consider adopting (as pan of their
attainment plans) specific control measures or strategies for the purpose of generating offsets tc
mitigate the projected collateral emissions increases from a class or category of pollution contn
projects.
(b) Determination of Increase in Emissions
6Regardless of the severity of the classification of the nonattainment area, a one-to-one
offset ratio will be considered sufficient under this policy to mitigate a collateral increase from
pollution control project. Slates may, however, require offset ratios that are greater than one-t<
one.
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The question of whether a proposed project will result in an emissions increase over pre-
modification levels of actual emissions is both complicated and contentious. It is a question thtf
has been debated by the New Source Review Reform Subcommittee of the Clean Air Act
Advisory Committee and is expected to be revisited by EPA in the same upcoming nifcmaking
that will consider adopting a pollution control project exclusion. In the interim, EPA is adopting
a simplified approach to determining whether a pollution control project will result in increased
emissions.
The approach in this policy is premised on the fact mat EPA does not expect the vast
majority of these pollution control projects to change established utilization patteras at the
source. As discussed in die previous section, it is EPA's experience that add-on controls do not
impact utilization, and pollution prevention projects that could increase utilization may not be
excluded under this guidance. Therefore, in most cases it will be very easy to calculate the
emissions after the change: the product of the new emissions rate times the existing utilization
rate. In the case of a pollution control project that collaterally increases a non-targeted pollutant,
the actual increase (calculated using the new emissions rate and current utilization pattern) would
need to be analyzed to determine its air quality impact.
The permitting authority may presume that projects meeting the definition outlined in
section £D(A)( 1) will not change utilization patterns. However, the permitting authority is to
reject this presumption where there is reason to believe that the project will result in
debottlenecking, loadshifting to take advantage of the control equipment, or other meaningful
increase in the use of the unit above current levels. Where the project will increase utilization
and emissions, the associated emissions increases are calculated based on the post-modification
potential to emit of the unit considering the application of the proposed controls. In such cases
the permitting agency should consider the projected increase in emissions as collateral to the
project and determine whether, notwithstanding the emissions increases, the project is still
environmentally beneficial and meets all applicable safeguards.
In certain limited circumstances, a permitting agency may take action to impose federally-
enforceable limits on the magnitude of a projected collateral emissions increase to ensure that all
safeguards are met. For example, where the data used to assess a projected collateral emissions
increase is questionable and there is reason to believe that emissions in excess of the projected
increase would violate an applicable air quality standard or significantly exceed the quantity of
offsets provided, restrictions on the magnitude of the collateral increase may be necessary to
ensure compliance with the applicable safeguards.
IV. Procedural Safeguards
Because EPA has not yet promulgated regulations governing a generally applicable
pollution control project exclusion from major NSR (other than for electric utilities), permitting
authorities must consider and approve requests for an exclusion on a case-by-case basis, and the
exclusion is not self-executing. Instead, sources must receive case-by-case approval from the
permitting authority pursuant to a minor NSR permitting process, State nonapplicabiliry
determination or similar process. [Nothing in this guidance voids or creates an exclusion from
any applicable minor source preconstruction review requirement in any SIP that has been
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approved pursuant to section 110(a)(2XC) and 40 CFR 51.160-164.] This process should also
provide that the application for the exclusion and the permitting agency's proposed decision
thereon be subject to public notice and the opportunity for public and EPA written comment. In
those limited cases where the applicable SIP already exempts a class or category of pollution
controls project from the minor source permitting public notice and comment requirements, and
where no collateral increases are expected (e.g., the installation of a baghouse) and all otherwise
applicable environmental safeguards are complied with, public notice and comment need not be
provided for such projects. However, even in such circumstances, the permitting agency should
provide advance notice to EPA when it applies this policy to provide an exclusion. For standard-
wide applications to groups of sources (e.g., RACT or MACT), the notice may be provided to
EPA at the time the permitting authority intends to issue a pollution control exclusion for the
class or category of sources and thereafter notice need not be given to EPA on an individual basis
for sources within the noticed group.
V. Emission Reduction Credits
In general, certain pollution control projects which have been approved for an exclusion
from major NSR may result in emission reductions which can serve as NSR offsets or netting
credits. All or part of the emission reductions equal to the difference between the pre-
modification actual and post-modification potential emissions for the decreased pollutant may
serve as credits provided that 1) the project will not result in a significant collateral increase in
actual emissions of any criteria pollutant, 2) the project is still considered environmentally
beneficial, and 3) all otherwise applicable criteria for the crediting of such reductions are met
(e.g., quantifiable, surplus, permanent, and enforceable). Where an excluded pollution control
project results in a significant collateral increase of a criteria pollutant, emissions reduction
credits from the pollution control project for the controlled pollutant may still be granted
provided, in addition to 2) and 3) above, the actual collateral increase is reduced below the
applicable significance level, either through contemporaneous reductions at the source or
external offsets. However, neither the exclusion from major NSR nor any credit (full or partial)
for emission reductions should be granted by the permitting authority where the type or amount
of the emissions increase which would result from the use of such credits would lessen the
environmental benefit associated with the pollution control project to the point where the project
would not have initially qualified for an exclusion.
IV. Dlustrative Examples
The following examples illustrate some of the guiding principles and safeguards
discussed above in reviewing proposed pollution control projects for an exclusion from major
NSR.
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Example 1
PROJECT DESCRIPTION: A chemical manufacturing facility in an attainment area for
all pollutants is proposing to install a RTO to reduce VOC emissions (including emissions of
some hazardous pollutants) at the plant by about 3000 tons per year (tpy). The emissions
reductions from the RTO are currently voluntary, but may be necessary in the future for title HI
MACT compliance. Although the RTO has been designed to minimize NO, emissions, it will
produce 200 tpy of new NOX emissions due to the unique composition of the emissions stream.
There is no information about the project to rebut a presumption mat the project will not change
utilization of the source. Aside from the NOX increase mere are no other environmental impacts
known to be associated with the project
EVALUATION: As a qualifying add-on control device, the project may be considered a
pollution control project and may be considered for an exclusion. The permitting agency should:
1) verify that the NOX increase has been minimised to the extent practicable, 2) confirm (through
modeling or other appropriate means) that the actual significant increase in NOX emissions does
not violate the applicable NAAQS,7 PSD increment, or adversely impact any Class I area AQRV,
and 3) apply all otherwise applicable SIP and minor source permitting requirements, ii*g*m*iF»g
opportunity for public notice and comment.
Example 2
PROJECT DESCRIPTION: A source proposes to replace an existing coal-fired boiler
with a gas-fired turbine as part of a cogeneration project. The new turbine is an exact
replacement for the energy needs supplied by the existing boiler and will emit less of each
pollutant on an hourly basis than the boiler did.
EVALUATION. The replacement of an existing emissions unit with a new unit (albeit
more efficient and less polluting) does not qualify for an exclusion as a pollution control project.
The company can, however, use any otherwise applicable netting credits from the removal of the
existing boiler to seek to net the new unit out of major NSR.
Example 3
PROJECT DESCRIPTION: A source plans to physically renovate and upgrade an
existing process line by making certain changes to the existing process, including extensive
modifications to emissions units. Following the changes, the source will expand production and
manufacture and market a new product line. The project will cause an increase in the economic
efficiency of the line. The renovated line will also be less polluting on a per-product basis than
the original configuration.
7If the source were located in an area in which nonattainment NSR applied to NO,
emissions increases, 200 tons of NOx offset credits would be required for the project
to be eligible for an exclusion.
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EVALUATION: The change is not eligible for an exclusion as a pollution control
project. On balance, the project does not have clearly evident pollution control aspects, and the
resultant decrease in the per-product emissions rate (or factor) is incidental to the project The
project is a physical change or change in the method of operation that will increase efficiency and
productivity.
foample 4
PROJECT DESCRIPTION: In response to the phaseout of chlorofluorocarboos (CFC)
under title VI of the Act, a major source is proposing to substitute t less ozone-depleting
substance (e.g., HCFC-141b) for one it currently uses that has a greater ozone depleting potential
(e.g., CFC-11). A larger amount of the less-ozone depleting substance will have to be used. No
other changes are proposed.
EVALUATION: The project may be considered a pollution control project and may be
considered for an exclusion. The permitting agency should verify that 1) actual annual emissions
of HCFC-141b after the proposed switch will cause less stratospheric ozone depletion than
current annual emissions of CFC-11; 2) the proposed switch will not change utilization patterns
or increase emissions of any other pollutant which would impact a NAAQS, PSD increment, or
AQRV and will not cause any cross-media harm, including any unacceptable increased risk
associated with toxic air pollutants; and 3) apply all otherwise applicable SIP and minor source
permitting requirements, including opportunity for public notice and comment.
Example 5
PROJECT DESCRIPTION: An existing landfill proposes to install either flares or
energy recovery equipment [i.e., turbines or internal combustion (1C) engines]. The reductions
from the project are estimated at over 1000 tpy of VOC and are currently not necessary to meet
Act requirements, but may be necessary some time in the future. In case A the project is the
replacement of an existing flare or energy system and no increase in NOX emissions will occur.
In case B. the equipment is a first time installation and will result in a 100 tpy increase in NOX.
In case C. the equipment is an addition to existing equipment which will accommodate additional
landfill gas (resulting from increased gas generation and/or capture consistent with the current
perrrutted limits for growth at the landfill) and will result in a 50 tpy increase in NOV
EVALUATION: Projects A, B, and C may be considered pollution control projects and
may be considered for an exclusion; however, in cases B and C, if the landfill is located in an
area required to satisfy nonattainment NSR for NOX emissions, the source would be required to
obtain NOX offsets at a ratio of at least 1:1 for the project to be considered for an exclusion.
[NOTE: VOC-NOX netting and trading for NSR purposes may be discussed in the upcoming
NSR rulemaking, but it is beyond the scope of this guidance.] Although neither turbines or 1C
engines are listed in section IDLA.l as add-on control devices and would normally not be
considered pollution control projects, in this specific application they serve the same function as
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a flare, namely to reduce VOC emissions at the landfill with the added incidental benefit of
producing useful energy in the process.8
The permitting agency should: 1) verify that the NOX increase has been minimized to the
extent practicable; 2) confirm (through modeling or other appropriate means) that the actual
significant increase in NOX emissions will not violate the applicable NAAQS, PSD increment, or
adversely impact any AQRV; and 3) apply all otherwise applicable SIP and minor source and, as
noted above, in cases B and C ensures that NOX offsets are provided in an area in which
nonattainment review applies to NOX emissions increases, permitting requirements, including
opportunity for public notice and comment.
jj
The production of energy here is incidental to the project and is not a factor in qualifying
the project for an exclusion as a pollution control project. In addition, any supplemental or co-
firing of non-landfill gas fuels (e.g., natural gas, oil) would disqualify the project from being
considered a pollution control project. The fuels would be used to maximize any economic
benefit from the project and not for the purpose of pollution control at the landfill. However, the
use of an alternative fuel solely as a backup fuel to be used only during brief and infrequent start-
up or emergency situations would not necessarily disqualify an energy recovery project from
being considered a pollution control project.
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Appendix J
Clean Air Act Section lll(d)
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APPENDIX J-CLEAN AIR ACT SECTION 11 l(d)
Note: The State Plans for HMIWI must be developed to satisfy the requirements
of both Section 11 l(d) and Section 129. Where conflicts arise, Section 129 takes
precedent. Refer to Appendix K for the text of Section 129.
(d)( 1) The Administrator shall prescribe regulations which shall establish a procedure similar
to that provided by Section 110 under which each State shall submit to the Administrator t plan
which (A) establishes standards of performance for any existing source for any air pollutant (i)
for which air quality criteria have not been issued or which is not included on a list published
under Section 106(a) or 112(bXlXA) but (ii) to which a standard of performance under this
section would apply if such existing source were a new source, and (B) provides for the
implementation and enforcement of such standards of performance. Regulations of the
Administrator under this paragraph shall permit the State in applying a standard of performance
to any particular source under a plan submitted under this paragraph to take into consideration,
among other factors, the remaining useful life of the existing source to which such standard
applies.
(2) The Administrator shall have the same authority-
(A) to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as
he would have under Section 110(c) in the case of failure to submit an implementation plan, and
(B) to enforce the provisions of such plan in cases where the State fails to enforce them as he
would have under sections 113 and 114 with respect to an implementation plan. In promulgating
a standard of performance under a plan prescribed under this paragraph, the Administrator shall
take into consideration, among other factors, remaining useful lives of the sources in the category
of sources to which such standard applies.
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Appendix K
Clean Air Act Section 129
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APPENDIX K-SECTION 129 STATUTORY LANGUAGE
Note: The State Plans for HNOWI must be developed to satisfy the requirements
of both Section 11 l(d) and Section 129. Where conflicts arise. Section 129 takes
precedent. Refer to Appendix J for the text of Section 11 l(d).
SEC. 129. SOLID WASTE COMBUSTION.
(a) NEW SOURCE PERFORMANCE STANDARDS.
(1) IN GENERAL. — (A) The fLfarnnntntat ahall establish perfnrnmnfy et^yt^r^y tntf tptier
requirements pursuant to Section 111 and mis section for each category of solid waste
incineration units. Such standards shall include emissions limitations and other requirements
applicable to new units and guidelines (under Section 11 l(d) and this section) and other
requirements applicable to existing units.
(B) Standards under Section 111 and this section applicable to solid waste incineration units
with capacity greater than 250 tons per day combusting municipal waste shall be promulgated i
later than 12 months after the date of enactment of the Clean Air Act Amendments of 1990.
Nothing in this subparagraph shall alter any schedule for the promulgation of standards
applicable to such units under Section 111 pursuant to any settlement and consent decree entered!
by the Administrator before the date of enactment of the Clean Air Act Amendments of 1990,
provided that, such standards are subsequently modified pursuant to the schedule established in
this subparagraph to include each of the requirements of this section.
(C) Standards under Section 111 and this section applicable to solid waste incineration units
with capacity equal to or less than 250 tons per day combusting municipal waste and units
combusting hospital waste, medical waste and infectious waste shall be promulgated not later
than 24 months after the date of enactment of the Clean Air Act Amendments of 1990.
(D) Standards under Section 111 and this section applicable to solid waste incineration units
combusting commercial or industrial waste shall be proposed not later than 36 months after the
date of enactment of the Clean Air Act Amendments of 1990 and promulgated not later than 48
months after such date of enactment.
(E) Not later than 18 months after the date of enactment of the Clean Air Act Amendments of
1990. the Administrator shall publish a schedule for the promulgation of standards under
Section 111 and this section applicable to other categories of solid waste incineration units.
(2) EMISSIONS STANDARD. - Standards applicable to solid waste incineration units
promulgated under Section 111 and this section shall reflect the maximum degree of reduction ic
emissions of air pollutants listed under section (a)(4) that the Administrator, taking into
consideration the cost of achieving such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is achievable for new or existing
units in each category. The Administrator may distinguish among classes, types (including
mass-bum, refuse-derived fuel, modular and other types of units), and sizes of units within a
category in establishing such standards. The degree of reduction in emissions that is deemed
achievable for new units in a category shall not be less stringent than the emissions control that is
achieved in practice by the best controlled similar unit, as determined by the Administrator.
Emissions standards for existing units in a category may be less stringent than standards for new
units in the same category but shall not be less stringent than the average emissions limitation
achieved by the best performing 12 percent of units in the category (excluding units which first
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met lowest achievable emissions rates 18 months before the date such standards are proposed or
30 months before the date such standards are promulgated, whichever is later).
(3) CONTROL METHODS AND TECHNOLOGIES. - Standards under Section 111 and this
section applicable to solid waste incineration units shall be based on methods and technologies
for removal or destruction of pollutants before, during, or after combustion, and shall incorporal
for new units siting requirements that minimize, on a site specific basis, to the maximum extent
practicable, potential risks to public health or die environment
(4) NUMERICAL EMISSIONS LIMITATIONS. - The performance standards promulgated
under Section 111 and this section aad applicable to solid waste incineration units shall specify
numerical emission limitations for the following substances or mixtures: paniculate matter (tou
and fine), opacity (as appropriate), sulfur dioxide, hydrogen chloride, oxides of nitrogen, carboi
monoxide, lead, radmium, mercury, and dioxins and dibenzofurans. The Administrator may
promulgate numerical emissions limitations or provide for the monitoring of postcombustion
concentrations of surrogate substances, parameters or periods of residence time in excess of
stated temperatures with respect to pollutants other than those listed in this paragraph.
(5) REVIEW AND REVISION. - Not later than 5 years following the initial promulgation o
any performance standards and other requirements under this section and Section 111 applicabl
to a category of solid waste incineration units, and at 5 year intervals thereafter, the
Administrator shall review, and in accordance with this section and Section 111, revise such
standards and requirements.
(b) EXISTING UNITS.
(1) GUIDELINES. - Performance standards under this section and Section 111 for solid was
incineration units shall include guidelines promulgated pursuant to Section 11 l(d) and this
section applicable to existing units. Such guidelines shall include, as provided in this section,
each of the elements required by subsection (a) (emissions limitations, notwithstanding any
restriction in Section 11 l(d) regarding issuance of such limitations), subsection (c) (monitorinj
subsection (d) (operator training), subsection (t) (permits), and subsection (h)(4) (residual risk
(2) STATE PLANS. -- Not later than 1 year after the Administrator promulgates guidelines f
a category of solid waste incineration units, each State in which units in the category' are
operating shall submit to the Administrator a plan to implement and enforce the guidelines wit
respect to such units. The State plan shall be at least as protective as the guidelines promulgat
by the Administrator and shall provide that each unit subject to the guidelines shall be in
compliance with all requirements of this section not later than 3 years after the State plan is
approved by the Administrator but not later than 5 years after the guidelines were promulgated
The Administrator shall approve or disapprove any State plan within 180 days of the submissi
and if a plan is disapproved, the Administrator shall state the reasons for disapproval in writin
Any State may modify and resubmit a plan which has been disapproved by the Administrator.
(3) FEDERAL PLAN. - The Administrator shall develop, implement and enforce a plan foi
existing solid waste incineration units within any category located in any State which has not
submitted an approvable plan under this subsection with respect to units in such category with
2 years after the date on which the Administrator promulgated the relevant guidelines. Such p
shall assure that each unit subject to the plan is in compliance with all provisions of the
guidelines not later than 5 years after the date the relevant guidelines are promulgated.
(c) MONITORING. - The Administrator shall, as pan of each performance standard
promulgated pursuant to subsection (a) and Section 111, promulgate regulations requiring the
owner or operator of each solid waste incineration unit
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(1) to monitor emissions from the unit at the point at which such emissions are emitted into the
ambient air (or within the stack, combustion chamber or pollution control equipment, as
appropriate) and at such other points as necessary to protect public health and tot environment;
(2) to monitor such other parameters relating to the operation of die unit and its pollution
control technology as the Administrator determines are appropriate; and
(3) to report the results of such monitoring. Such regulations shall contain provisions regarding
the frequency of monitoring, test methods and procedures validated on solid waste incineration
units, and the form and frequency of reports containing die resuhs of nionitoring and shall require
that any monitoring reports or test results indicating an exceedance of any standard under flits
section shall be reported separately and in a manner mat facilitates review for purposes of
enforcement actions. Such regulations shall require that copies of the results of such monitoring
be maintained on file at the facility concerned and that copies shall be made available for
inspection and copying by interested members of the public during business hours.
(d) OPERATOR TRAINING. - Not later than 24 months after the enactment of the Clean Air
Act Amendments of 1990, the Administrator shall develop and promote a model State program
for the training and certification of solid waste incineration unit operators and high-capacity
fossil fuel fired plant operators. The Administrator may authorize any State to implement a
model program for the training of solid waste incineration unit operators and high-capacity fossil
fuel fired plant operators, if the State has adopted a program which is at least as effective as the .
model program developed by the Administrator. Beginning on the date 36 months after the date
on which performance standards and guidelines are promulgated under subsection (a) and
Section 111 for any category of solid waste incineration units it shall be unlawful to operate any
unit in the category unless each person with control over processes affecting emissions from such
unit has satisfactorily completed a training program meeting the requirements established by the
Administrator under this subsection.
(e) PERMITS. -- Beginning (1) 36 months after the promulgation of a performance standard
under subsection (a) and Section 111 applicable to a category of solid waste incineration units, or
(2) the effective date of a permit program under title V in the State in which the unit is located,
whichever is later, each unit in the category shall operate pursuant to a permit issued under this
subsection and title V. Permits required by this subsection may be renewed according to the
provisions of title V. Notwithstanding any other provision of this Act, each permit for a solid
waste incineration unit combusting municipal waste issued under this Act shall be issued for a
period of up to 12 years and shall be reviewed every 5 years after date of issuance or reissuance.
Each permit shall continue in effect after the date of issuance until the date of termination, unless
the Administrator or State determines that the unit is not in compliance with all standards and
conditions contained in the permit. Such detennination shall be made at regular intervals during
the term of the permit, such intervals not to exceed 5 years, and only after public comment and
public hearing. No permit for a solid waste incineration unit may be issued under this Act by an
agency, instrumentality or person that is also responsible, in whole or part, for the design and
construction or operation of the unit. Notwithstanding any other provision of this subsection, the
Administrator or the State shall require the owner or operator of any unit to comply with
emissions limitations or implement any other measures, if the Administrator or the State
determines that emissions in the absence of such limitations or measures my reasonably be
anticipated to endanger public health or the environment. The Administrator's determination
under the preceding sentence is a discretionary decision.
(0 EFFECTIVE DATE AND ENFORCEMENT.
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(1) NEW UNITS. - Performance standards and other requirements promulgated pursuant to
this section and Section 111 and applicable to new solid waste incineration units shall be
effective as of the date 6 months after die date of promulgation.
(2) EXISTING UNITS. - Performance standards and other requirements promulgated pursuant
to this section and Section 111 and applicable to existing solid waste incineration units shall be
effective as expeditiously as practicable after approval of a State plan under subsection (bX2) (or
promulgation of a plan by the Administrator under subsection 0>X3)) but in no event later man 3
years after the State plan is approved or S yean alter the date such standards or requirements are
promulgated, whichever is earlier.
(3) PROHIBITION. - After the effective date of any performance standard, emission limitation
or other requirement promulgated pursuant to mis section and Section 111, it shall be unlawful
for any owner or operator of any solid waste incineration unit to which such standard, limitation
or requirement applies to operate such unit hi violation of such limitation, standard or
requirement or for any other person to violate an applicable requirement of this section.
(4) COORDINATION WITH OTHER AUTHORITIES. - For purposes of sections 11 l(e),
113, 114, 116,120,303,304, 307 and other provisions for the enforcement of this Act, each
performance standard, emission Limitation or other requirement established pursuant to this
section by the Administrator or a State or local government, shall be treated in the same manner
as a standard of performance under Section 111 which is an emission limitation.
(g) DEFINITIONS. - For purposes of Section 306 of the Clean Air Act Amendments of 1990
and this section only
(1) SOLE) WASTE INCINERATION UNIT. - The term 'solid waste incineration unit1 means
a distinct operating unit of any facility which combusts any solid waste material from
commercial or industrial establishments or the general public (including single and multiple
residences, hotels, and motels). Such term does not include incinerators or other units required to
have a permit under Section 3005 of the Solid Waste Disposal Act. The term 'solid waste
incineration unit' does not include (A) materials recovery facilities (including primary or
secondary smelters) which combust waste for the primary purpose of recovering metals. (B)
qualifying small power production facilities, as defined in Section 3(17)(C) of the Federal Power
Act (16 U.S.C. 769(17)(C)), or qualifying cogeneration facilities, as defined in section 3(18)(B)
of the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as units
which bum tires or used oil, but not including refuse-derived fuel) for the production of electric
energy or in the case of qualifying cogeneration facilities which burn homogeneous waste for the
production of electric energy and steam or forms of useful energy (such as heat) which are used
for industrial, commercial, heating or cooling purposes, or (C) air curtain incinerators provided
that such incinerators only burn wood wastes, yard wastes and clean lumber and that such air
curtain incinerators comply with opacity limitations to be established by the Administrator by
rule.
(2) NEW SOLID WASTE INCINERATION UNIT. -- The term 'new solid waste incineration
unit' means a solid waste incineration unit the construction of which is commenced after the
Administrator proposes requirements under this section establishing emissions standards or
other requirements which would be applicable to such unit or a modified solid waste incineration
unit.
(3) MODIFIED SOLID WASTE INCINERATION UNIT. ~ The term 'modified solid waste
incineration unit1 means a solid waste incineration unit at which modifications have occurred
after the effective date of a standard under subsection (a) if (A) the cumulative cost of the
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modifications, over the life of the unit, exceed SO per centum of the original cost of construction
and installation of the unit (not including the cost of any land purchased in connection with such
construction or installation) updated to current costs, or (B) the modification is a physical chanfe
in or change in the method of operation of the unit which increases the amount of any air
pollutant emitted by the unit for which standards have been established under this section or
Section 111.
(4) EXISTING SOLID WASTE INCINERATION UNIT. - The term 'existing solid waste
incineration unit' means a solid waste unit which is not a new or FMxtififd solid waste
incineration unit
(5) MUNICIPAL WASTE. - The term 'municipal waste' means refuse (and refuse-derived
fuel) collected from the general public and from residential, commercial, inttittirJomlt and
industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, learner, robber,
and other combustible materials and non-combustible materials such as metal, glass and rock,
provided that: (A) the term does not include industrial process wastes or medical wastes that are
segregated from such other wastes; and (B) an incineration unit shall not be considered to be
combusting municipal waste for purposes of Section 111 or this section if it combusts a fuel feed
stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal waste.
(6) OTHER TERMS. - The terms 'solid waste' and 'medical waste' shall have the meanings
established by the Administrator pursuant to the Solid Waste Disposal Act.
(h) OTHER AUTHORITY.
(1) STATE AUTHORITY. - Nothing in this section shall preclude or deny the right of any
State or political subdivision thereof to adopt or enforce any regulation, requirement, limitation
or standard relating to solid waste incineration units that is more stringent than a regulation,
requirement, limitation or standard in effect under this section or under any other provision of
this Act.
(2) OTHER AUTHORITY UNDER THIS ACT. - Nothing in this section shall diminish the
authority of the Administrator or a State to establish any other requirements applicable to solid
waste incineration units under any other authority of law, including the authority to establish for
any air pollutant a national ambient air quality standard, except that no solid waste incineration
unit subject to performance standards under this section and Section 111 shall be subject to
standards under Section 112(d) of this Act.
(3) RESIDUAL RISK. - The Administrator shall promulgate standards under Section 112(0
for a category of solid waste incineration units, if promulgation of such standards is required
under Section 112(f). For purposes of this preceding sentence only
(A) the performance standards under subsection (a) and Section 111 applicable to a category of
solid waste incineration units shall be deemed standards under Section 112(d)(2), and
(B) the Administrator shall consider and regulate, if required, the pollutants listed under
subsection (a)(4) and no others.
(4) ACID RAIN. - A solid waste incineration unit shall not be utility unit as defined in title IVi
provided, that, more than 80 per centum of its annual average fuel consumption measured on a
Btu basis, during a period or periods to be determined by the Administrator, is from a fuel
(including any waste burned as a fuel) other than a fossil fuel.
(5) REQUIREMENTS OF PARTS C AND D. -- No requirement of an applicable
implementation plan under Section 165 (relating to construction of facilities in regions identified
pursuant to Section 107(d)(l)(A)(ii) or (iii)) or under Section 172(c)(5) (relating to permits for
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construction and operation in nonattainment areas) may be used to weaken the standards in effect
under this section.
(b) CONFORMING AMENDMENT. - Section 169(1) of the Clean Air Act is amended by
striking "two hundred and" after "municipal incinerators capable of charging more than".
(c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS. - Prior to the promulgation oi
any performance standard for solid waste incineration units combusting municipal waste under
Section 111 or Section 129 of the Clean Air Act, the Administrator shall review the availability
of acid gas scrubbers as a pollution control technology for small new units and for existing units
(as defined in 54 Federal Register 52190 (December 20,1989), taking into account the
provisions of subsection (a)(2) of Section 129 of the Clean Air Act.
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Appendix L
40 CFR 60 Subpart B
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APPENDIX L-40 CFR 60 SUBPART B WITH 12/19/95 INSERTS
Subpart B - Adoption and Submittal of State Plans
for Designated Facilities
60.20 Applicability.
The provisions of this subpait apply to States upon publication of a final guideline document
under Section 60.22(a).
60.21 Definitions.
Terms used but not defined in this subpait shall have the meaning given them in the Act and in
Subpart A:
(a) "Designated pollutant" means any air pollutant, emissions of which are subject to a standard
of performance for new stationary sources but for which air quality criteria have not been issued,
and which is not included on a list published under Section 108(a) or Section 1 12(bXlXA) of die
Act.
(b) "Designated facility" means any existing facility (see Section 60.2(aa)) which emits a
designated pollutant and which would be subject to a standard of performance for that pollutant
if the existing facility were an affected facility (see Section 60.2).
(c) "Plan" means a plan under Section 1 1 l(d) of the Act which establishes emission standards
for designated pollutants from designated facilities and provides for the implementation and
enforcement of such emission standards.
(d) 'Applicable plan" means the plan, or most recent revision thereof, which has been approved
under Section 60.27(b) or promulgated under Section 60.27(d).
let "Emission guideline" means a guideline set forth in Subpart C of this pan. or in a final
guideline document published under 60.22(a). which reflects the degree of emission reduction
achievable through the application of the best system of emission reduction which (taking into
account the cost of such reduction) the Administrator has determined has been adequately
demonstrated for designated facilities.
(f) "Emission standard" means a legally enforceable regulation setting forth an allowable rate of
emissions into the atmosphere, or prescribing equipment specifications for control of air
pollution emissions.
(g) "Compliance schedule" means a legally enforceable schedule specifying a date or dates by
which a source or category of sources must comply with specific emission standards contained in
a plan or with any increments of progress to achieve such compliance.
(h) "Increments of progress" means steps to achieve compliance which must be taken by an
owner or operator of a designated facility, including:
( 1 ) Submittal of a final control plan for the designated facility to the appropriate air pollution
control agency;
(2) Awarding of contracts for emission control systems or for process modifications, or
issuance of orders for the purchase of component parts to accomplish emission control or process
modification;
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(3) Initiation of on-sitc construction or installation of emission control equipment or process
change;
(4) Completion of on-site construction or installation of emission control equipment or process
change; and
(5) Final compliance.
(i) "Region" means an air quality control region designated under Section 107 of the Act and
described in Pan 81 of this chapter.
(j) "Local agency" means any local governmental agency.
60.22 Publication of guideline documents, emission guidelines, and final mmpHMfr times.
(a) Concurrently upon or after proposal of standards of performance for toe control of a
designated pollutant from affected facilities, the Administrator will publish a draft guideline
document containing information pertinent to control of the designated pollutant from designated
facilities. Notice of the availability of the draft guideline document will be published in the
FEDERAL REGISTER and public comments on its contents will be invited. After
consideration of Public comments and upon or after promulgation of sttnteds of performance
for control of a designated pollutant from affected facilities, a final guideline document will be
published and notice of its availability will be published in the FEDERAL REGISTER.
(b) Guideline documents published under this section will provide information for the
development of State plans, such as:
(1) Information concerning known or suspected endangerment of public health or welfare
caused, or contributed to, by the designated pollutant.
(2) A description of systems of emission reduction which, in the judgment of the
Administrator, have been adequately demonstrated.
(3) Information on the degree of emission reduction which is achievable with each system,
together with information on the costs and environmental effects of applying each system to
designated facilities.
(4) Incremental periods of time normally expected to be necessary for the design, installation.
and startup of identified control systems
(5) An emission guideline that reflects the application of the best system of emission reductior
(considering the cost of such reduction) that has been adequately demonstrated for designated
facilities, and the time within which compliance with emission standards of equivalent stringent
can be achieved. The Administrator will specify different emission guidelines or compliance
times or both for different sizes, types, and classes of designated facilities when costs of control
physical limitations, geographical location, or similar factors make subcategorization appropriat
(6) Such other available information as the Administrator determines may contribute to the
formulation of State plans.
(c) Except as provided in paragraph (d)(l) of this section, the emission guidelines and
compliance times referred to in paragraph (b)(5) of this section will be proposed for comment
upon publication of the draft guideline document, and after consideration of comments will be
promulgated in Subpart C of this part with such modifications as may be appropriate.
(d)( 1) If the Administrator determines that a designated pollutant may cause or contribute to
endangerment of public welfare, but that adverse effects on public health have not been
demonstrated, he will include the determination in the draft guideline document and in the
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FEDERAL REGISTER notice of its availability. Except as provided in paragraph (d)(2) of this
section, paragraph (c) of this section shall be inapplicable in such cases.
(2) If the Administrator determines at any time on the basis of new information that a prior
determination under paragraph (dXl) of this section is incorrect or no longer correct, he will
publish notice of the determination in the FEDERAL REGISTER, revise the guideline document
as necessary under paragraph (a) of this section, and propose and promulgate emission |
and compliance times under paragraph (c) of this section.
60.23 Adoption and submittal of State plans; public hearings.
(a)( 1) Unless otherwise specified in the applicable subpart, within 9 months after notice of the
availability of a final guideline document is published under Section 60.22a), each State shall
adopt and submit to the Administrator, in accordance with Section 60.4 of Subpart A of this part*
a plan for the control of the designated pollutant to which the guideline document applies.
(2) Within nine months after notice of the availability of a final revised guideline document is
published as provided in Section 60.22(dX2), each State shall adopt and submit to the
Administrator any plan revision necessary to meet the requirements of this subpart.
(b) If no designated facility is located within a State, the State shall submit a letter of
certification to that effect to the Administrator within the time specified in paragraph (a) of this
section. Such certification shall exempt the State from the requirements of this subpart for that
designated pollutant.
(c)( 1) Except as provided in paragraphs (c)(2) and (c)(3) of this section, the State shall, prior to
the adoption of any plan or revision thereof, conduct one or more public hearings within the State
on such plan or plan revision.
(2) No hearing shall be required for any change to an increment of progress in an approved
compliance schedule unless the change is likely to cause the facility to be unable to comply with
the final compliance date in the schedule.
(3) No hearing shall be required on an emission standard in effect prior to the effective date of
this subpart if it was adopted after a public hearing and is at least as stringent as the
corresponding emission guideline specified in the applicable guideline document published under
Section 60.22(a).
(d i Any hearing required by paragraph (c) of this section shall be held only after reasonable
notice. Notice shall be given at least 30 days prior to the date of such hearing and shall include:
(1) Notification to the public by prominently advertising the date, time, and place of such
hearing in each region affected;
(2) Availability, at the time of public announcement, of each proposed plan or revision thereof
for public inspection in at least one location in each region to which it will apply;
(3) Notification to the Administrator;
(4) Notification to each local air pollution control agency in each region to which the plan or
revision will apply; and
(5) In the case of an interstate region, notification to any other State included in the region.
(e) The State shall prepare and retain, for a minimum of 2 years, a record of each hearing for
inspection by any interested party. The record shall contain, as a minimum, a list of witnesses
together with the text of each presentation.
(f) The State shall submit with the plan or revision:
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(1) Certification that each hearing required by paragraph (c) of this section was held in
accordance with the notice required by paragraph (d) of this section; and
(2) 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.
(g) Upon written application by a State agency (through the appropriate Regional Office), the
Administrator may approve State procedures designed to insure public participation in the
matters for which hearings are required and public notification of the opportunity to participate
if, in the judgment of the Administrator, the procedures, although different from the requirements
of this subpart, in fact provide for adequate notice to and participation of the public. The
Administrator may impose such conditions on his approval as he deems necessary. Procedures
approved under this section shall be deemed to satisfy the requirements of this subpart regarding
procedures for public hearings.
60.24 Emission standards and compliance schedules.
(a) Each plan shall include emission standards and compliance schedules.
(b)( 1) Emission standards shall prescribe allowable rates of emissions except when it is clearly
impracticable. Such cases will be identified in the guideline documents issued under
Section 60.22. Where emission standards prescribing equipment specifications are established,
the plan shall, to the degree possible, set forth the emission reductions achievable by
implementation of such specifications, and may permit compliance by the use of equipment
determined by the State to be equivalent to that prescribed.
(2) Test methods and procedures for determining compliance with the emission standards shall
be specified in the plan. Methods other than those specified in Appendix A to this pan may be
specified in the plan if shown to be equivalent or alternative methods as defined in
Section 60.2(t) and (u).
(3) Emission standards shall apply to all designated facilities within the State. A plan ma\
contain emission standards adopted by local jurisdictions provided that the standards are
enforceable by the State.
(c) Except as provided in paragraph (f) of this section, where the Administrator has determined
that a designated pollutant may cause or contribute to endangerment of public health, emission
standards shall be no less stringent than the corresponding emission guideline(s) specified in
Subpart C of this part, and final compliance shall be required as expeditiously as practicable but
no later than the compliance times specified in Subpart C of this part.
(d) Where the Administrator has determined that a designated that a designated pollutant may
cause or contribute to endangerment of public welfare but that adverse effects on public health
have not been demonstrated, States may balance the emission guidelines, compliance times, and
other information provided in the applicable guideline document against other factors of public
concern in establishing emission standards, compliance schedules, and variances. Appropriate
consideration shall be given to the factors specified in Section 60.22(b) and to information
presented at the public hearing(s) conducted under Section 60.23(c).
(e)(l) Any compliance schedule extending more than 12 months from the date required for
submittal of the plan shall include legally enforceable increments of progress to achieve
compliance for each designated facility or category of facilities. Increments of progress shall
include, where practicable, each increment of progress specified in Section 60.2 l(h) and shall
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include such additional increments of progress as may be necessary to permit close and effective
supervision of progress toward final compliance.
(2) A plan may provide that compliance schedules for individual sources or categories of
sources will be formulated alter plan submittal. Any such schedule shall be the subject of a
public hearing held according to Section 60.23 and shall be submitted to the Administrator
within 60 days after the date of adoption of the schedule but in no case later than the date
prescribed for submittal of the first semiannual report required by Section 60.25(e).
(f) Unless otherwise specified in the applicable subpart on a case-by-case basis for particular
designated facilities or classes of facilities, States may provide for the application of less
stringent emissions standards or longer compliance schedules man those otherwise required by
paragraph (c) of this section, provided that the State demonstrates with respect to each such
facility (or class of facilities):
(1) Unreasonable cost of control resulting from plant age, location, or basic process design;
(2) Physical impossibility of installing necessary control equipment; or
(3) Other factors specific to the facility (or class of facilities) that make application of a less
stringent standard or final compliance time significantly more reasonable.
(g) Nothing in this subpart shall be construed to preclude any State or political subdivision
thereof from adopting or enforcing
(1) emission standards more stringent than emission guidelines specified in Subpart C of this
pan or in applicable guideline documents or
(2) compliance schedules requiring final compliance at earlier times than those specified in
Subpart C or in applicable guideline documents.
60.25 Emission inventories, source surveillance, reports.
(a) Each plan shall include an inventory of aJl designated facilities, including emission data for
the designated pollutants and information related to emissions as specified in A' endix D to this
part. Such data shall be summarized in the plan, and emission rates of designate^ pollutants
from designated facilities shall be correlated with applicable emission standards. As used in this
subpart. "correlated" means presented in such a manner as to show the relationship between
measured or estimated amounts of emissions and the amounts of such emissions allowable under
applicable emission standards.
(b) Each plan shall provide for monitoring the status of compliance with applicable emission
standards. Each plan shall, as a minimum, provide for:
(1) Legally enforceable procedures for requiring owners or operators of designated facilities to
maintain records and periodically report to the State information on the nature and amount of
emissions from such facilities, and/or such other information as may be necessary to enable the
State to determine whether such facilities are in compliance with applicable portions of the plan,
(2) Periodic inspection and, when applicable, testing of designated facilities.
(c) Each plan shall provide that information obtained by the Slate under paragraph (b) of this
section shall be correlated with applicable emission standards (see Section 60.25(a)) and made
available to the general public.
(d) The provisions referred to in paragraphs (b) and (c) of this section shall be specifically
identified. Copies of such provisions shall be submitted with the plan unless:
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(1) They have been approved as portions of a preceding plan submitted under this subpart or
portions of an implementation plan submitted under Section 110 of the Act, and
(2) The State demonstrates:
(i) That the provisions are applicable to the designated pollutants) for which the plan is
submitted, and
(ii) That the requirements of Section 60.26 are met
(e) The State shall submit reports on progress in plan enforcement to the Administrator on at
annual (calendar year) basis, rommflndng with the first full report period after approval of a pi
or after promulgation of a plan by tteAdmmistrator. information required under this paragrap
must be included in the annual report required by Section 51.321 of mis chapter.
(f) Each progress report shall include:
(1) Enforcement actions initiated against designated facilities during the reporting period, un
any emission standard or compliance schedule of die plan.
(2) Identification of the achievement of any increment of progress required by the applicable
plan during the reporting period.
(3) Identification of designated facilities mat have ceased operation during the reporting peri
(4) Submission of emission inventory data as described in paragraph (a) of this section for
designated facilities that were not in operation at the time of plan development but began
operation during the reporting period.
(5), Submission of additional data as necessary to update the information submitted under
paragraph (a) of this section or in previous progress reports.
(6) Submission of copies of technical reports on all performance testing on designated facili
conducted under paragraph (b)(2) of this section, complete with concurrently recorded proces:
data.
60.26 Legal authority.
(a) Each plan shall show that the State has legal authority to carry out the plan, including
authority to:
(1) Adopt emission standards and compliance schedules applicable to designated facilities
(2) Enforce applicable laws, regulations, standards, and compliance schedules, and seek
injunctive relief.
(3) Obtain information necessary to determine whether designated facilities are in comphan
with applicable laws, regulations, standards, and compliance schedules, including authority tc
require recordkeeping and to make inspections and conduct tests of designated facilities.
(4) Require owners or operators of designated facilities to install, maintain, and use emissio
monitoring devices and to make periodic reports to the State on the nature and amounts of
emissions from such facilities; also authority for the State to make such data available to the
public as reported and as correlated with applicable emission standards.
(b) The provisions of law or regulations which the State determines provide the authorities
required by this section shall be specifically identified. Copies of such laws or regulations sh
be submitted with the plan unless:
(1) They have been approved as portions of a preceding plan submitted under this subpart o
portions of an implementation plan submitted under Section 110 of the Act, and
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(2) The State demonstrates that the laws or regulations are applicable to the designated
pollutant(s) for which the plan is submitted.
(c) The plan shall show that the legal authorities specified in this section are available to the
State at the time of submission of the plan. Legal authority adequate to meet the requirements of
paragraphs (aX3) and (4) of this section may be delegated to the State under Section 114 of the
Act.
(d) A State governmental agency other than the State air pollution control agency may be
assigned responsibility for carrying out a portion of a plan if the plan demonstrates to the
Administrator's satisfaction mat the State governmental agency has the kgal authority necessary
to carry out that portion of the plan.
(e) The State may authorize a local agency to carry out a plan, or portion mereof, wimin me
local agency's jurisdiction if the plan demonstrates to the Administrator's satisfaction that the
local agency has the legal authority necessary to implement the plan or portion thereof, and that
the authorization does not relieve the State of responsibility under the Act for carrying out the
plan or portion thereof.
60.27 Actions by the Administrator.
(a) The Administrator may, whenever he determines necessary, extend the period for
submission of any plan or plan revision or portion thereof.
(b) After receipt of a plan or plan revision, the Administrator will propose the plan or revision
for approval or disapproval. The Administrator will, within four months after the date required
for submission of a plan or plan revision, approve or disapprove such plan or revision or each
portion thereof.
(c) The Administrator will, after consideration of any State hearing record, promptly prepare
and publish proposed regulations setting forth a plan, or portion thereof, for a State if:
(1) The State fails to submit a plan within the time prescribed.
(2) The State fails to submit a plan revision required by Section 60.23(a)(2) within the time
prescribed; or
(3) The Administrator disapproves the State plan or plan revision or any portion thereof, as
unsatisfactory because the requirements of this subpart have not been met.
(d) The Administrator will, within six months after the date required for submission of a plan
or plan revision, promulgate the regulations proposed under paragraph (c) of this section with
such modifications as may be appropriate unless, prior to such promulgation, the State has
adopted and submitted a plan or plan revision which the Administrator determines to be
approvable.
(e)( 1) Except as provided in paragraph (e)(2) of this section, regulations proposed and
promulgated by the Administrator under this section will prescribe emission standards of the
same stringency as the corresponding emission guideline(s) specified in the final guideline
document published under Section 60.22(a) and will require final compliance with such
standards as expeditiously as practicable but no later than the times specified in the guideline
document.
(2) Upon application by the owner or operator of a designated facility to which regulations
proposed and promulgated under this section will apply, the Administrator may provide for the
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application of less stringent emission standards or longer compliance schedules than those
otherwise required by this section in accordance with the criteria specified in Section 60.24(f).
(f) If a State failed to hold a public bearing as required by Section 60.23(c), the Administrator
will provide opportunity for a hearing within the State prior to promulgation of a plan under
paragraph (d) of this section.
60.28 Plan revisions by the State.
(a) Plan revisions which have the effect of delaying compliance with applicable emission
standards or increments of progress or of fsraMithing less stringent emission standards shall be
submitted to the Administrator within 60 days after adoption in accordance with the procedures
and requirements applicable to development and submission of the original plan.
(b) More stringent emission standards, or orders which have the effect of accelerating
compliance, may be submitted to the Administrator as plan revisions in accordance with the
procedures and requirements applicable to development and submission of the original plan.
(c) A revision of a plan, or any portion thereof, shall not be considered part of an applicable
plan until approved by the Administrator in accordance with this subpart.
60.29 Plan revisions by the Administrator.
After notice and opportunity for public hearing in each affected State, the Administrator may
revise any provision of an applicable plan if:
(a) The provision was promulgated by the Administrator, and
(b) The plan, as revised, will be consistent with the Act and with the requirements of this
subpart.
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Appendix M
40 CFR 60 Subparts Ce (EG) and EC (NSPS)
Ml 40 CFR 60 Subpart Ce
M2 40 CFR 60 Subpart EC
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Appendix Ml
40 CFR 60 Subpart Ce
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APPENDIX Ml-40 CFR 60 SUBPART Ce
Pan 60, chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401,7411,7414,7416,7429, and 7601.
2. Section 60.17 of Subpait A of part 60 is amended by adding new paragraphs (i) and(j)
to read as follows:
§60.17 Incorporation by reference.
*****
(i) The following material is incorporated by reference. The Director of the Federal
Register approves this incorporation by reference in accordance with 5 U.S.C. SS2(a) and 1 CFR
part 51. This material is available for purchase from the American Hospital Association (AHA)
Service, Inc., Post Office Box 92683, Chicago, Illinois 60675-2683. You may inspect a copy M
EPA's Air and Radiation Docket and Information Center (Docket A-91-61, Item IV-J-124).
Room M-1500,401 M Street SW, Washington, DC or at the Office of the Federal Register, 800
North Capitol Street, NW, Suite 700, Washington, DC.
(1) An Ounce of Prevention: Waste Reduction Strategies for Health Cart Facilities,
American Society for Health Care Environmental Services of the American Hospital
Association. Chicago, Illinois. 1993. AHA Catalog
No. 057007. ISBN 0-87258-673-5. ffiR approved for § 60.35e and § 60.55c.
(j) The following material is incorporated by reference. The Director of the Federal
Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
pan 51. This material is available for purchase from the National Technical Information
Services, 5285 Port Royal Road, Springfield, Virginia 22161. You may inspect a copy at EPA's
Air and Radiation Docket and Information Center (Docket A-91-61, Item IV-J-125), Room
M-1500. 401 M Street SW, Washington, DC or at the Office of the Federal Register. 800 North
Capitol Street, NW, Suite 700, Washington, DC.
(1) OMB Bulletin No. 93-17: Revised Statistical Definitions for Metropolitan Areas.
Office of Management and Budget, June 30, 1993. NTIS No. PB 93-192-664. BR approved for
§60.31e.
*****
3 Section 60.30 of Subpart C of pan 60 is amended by adding a new paragraph (e) to
read as follows:
§ 60.30 Scope.
(e) Subpan Ce-Hospital/Medical/Infecuous Waste Incinerators
4. Part 60 is amended by adding a new subpart Ce to read as follows.
Subpart Ce--Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators
Sec.
60.30e Scope.
60.3 le Definitions.
60.32e Designated facilities,
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60.33c Emission guidelines.
60.34e Operator training and qualification guidelines.
60.35e Waste management guidelines.
60.36e Inspection guidelines.
60.37e Compliance, performance testing, and monitoring guidelines.
60.38e Reporting and recordkeeping guidelines.
60.39e Compliance times.
Subpart Ce-Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Wa.<
Incinerators
§ 60.30c Scope.
This subpart contains emission guidelines and compliance times for the control of cert
designated pollutants from hospital/medical/infectious waste incinerators) (HMIWI) in
accordance with sections 111 and 129 of the Clean Air Act and Subpart B of this pan. The
provisions in these emission guidelines supersede the provisions of § 60.24(f) of Subpart B of
this pan.
§60.31e Definitions.
Terms used but not defined in this subpart have the meaning given them in the Clean t
Act and in subparts A, B, and EC of this pan.
Standard Metropolitan Statistical Area or SMSA means any areas listed in OMB Bull*
No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 19
(incorporated by reference, see § 60.17).
§ 60.32e Designated facilities.
(a) Except as provided in paragraphs (b) through (h) of this section, the designated
facility to which the guidelines apply is each individual HMIWI for which construction was
commenced on or before June 20, 1996.
(b) A combustor is not subject to this subpart during periods when only pathological
waste, low-level radioactive waste, and/or chemotherapeutic waste (all defined in § 60.51c) i
burned, provided the owner or operator of the combustor:
(1) Notifies the Administrator of an exemption claim: and
(2) Keeps records on a calendar quarter basis of the periods of time when only
pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned
(c) Any co-fired combustor (defined in § 60.51c) is not subject to this subpan if the
owner or operator of the co-fired combustor:
(1) Notifies the Administrator of an exemption claim;
(2) Provides an estimate of the relative weight of hospital waste, medical/infectious
waste, and other fuels and/or wastes to be combusted; and
(3) Keeps records on a calendar quarter basis of the weight of hospital waste and
medical/infectious waste combusted, and the weight of all other fuels and wastes combusted
the co-fired combustor.
(d) Any combustor required to have a permit under Section 3005 of the Solid Waste
Disposal Act is not subject to this subpan.
(e) Any combustor which meets the applicability requirements under Subpan Cb, Ea
Eb of this pan (standards or guidelines for certain municipal waste combustors) is not subjec
this subpart.
(f) Any pyrolysis unit (defined in § 60.5 Ic) is not subject to this subpart.
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(g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to
this subpart.
(h) Physical or operational changes made to an existing HMIWI unit solely for the
purpose of complying with emission guidelines under this subpart are not considered a
modification and do not result in an existing HMIWI unit becoming subject to the provisions of
Subpart EC (see § 60.50c).
(i) Beginning 36 months after the date of promulgation of this subpart, or on the effective
date of an EPA approved operating permit program under Clean Air Act title V and the
implementing regulations under 40 CFR part 70 in the State in which the unit is located,
whichever date is later, designated facilities subject to this subpart shall operate pursuant to a
permit issued under the EPA-approved operating permit program.
§ 60.33e Emission guidelines.
(a) For approval, a State plan shall include the requirements for emission limits at least
as protective as those requirements listed in Table 1 of this subpart, except as provided for in
paragraph (b) of this section.
(b) For approval, a State plan shall include the requirements for emission limits at least
as protective as those requirements listed in Table 2 of this subpart for any small HMIWI which
is located more than SO miles from the boundary of the nearest Standard Metropolitan Statistical
Area (defined in § 60.3 le) and which bums less than 2,000 pounds per week of hospital waste
and medical/infectious waste. The 2,000 Ib/week limitation does not apply during performance
tests.
(c) For approval, a State plan shall include the requirements for stack opacity at least as
protective as § 60.52c(b) of Subpart EC of this part.
§ 60.34e Operator training and qualification guidelines.
For approval, a State plan shall include the requirements for operator training and
qualification at least as protective as those requirements listed in § 60.53c of Subpart EC of this
part. The State plan shall require compliance with these requirements according to the schedule
specified in § 60.39e(e).
§ 60.35e Waste management guidelines.
For approval, a State plan shall include the requirements for a waste management plan at
least as protective as those requirements listed in § 60.55c of Subpart EC of this pan.
§ 60 36e Inspection guidelines.
(a) For approval, a State plan shall require that each small HMIWI subject to the
emission limits under § 60.33e(b) undergo an initial equipment inspection that is at least as
protective as the following within 1 year following approval of the State plan:
(1) At a minimum, an inspection shall include the following:
(i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation;
clean pilot flame sensor, as necessary;
(ii) Ensure proper adjustment of primary and secondary chamber combustion air, and
adjust as necessary;
(iii) Inspect hinges and door latches, and lubricate as necessary;
(iv) Inspect dampers, fans, and blowers for proper operation;
(v) Inspect HMIWI door and door gaskets for proper sealing;
(vi) Inspect motors for proper operation;
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(vii) Inspect primary chamber refractory lining; clean and repair/replace lining as
necessary;
(viii) Inspect incinerator shell for corrosion and/or hot spots;
(ix) Inspect secondary/tertiary chamber and stack, clean as necessary;
(x) Inspect mechanical loader, including limit switches, for proper operation, if
applicable;
(xi) Visually inspect waste bed (grates), and repair/seal, as appropriate;
(xii) For the bum cycle that follows the inspection, document that the incinerator is
operating properly and make any necessary adjustments;
(xiii) inspect air pollution control devices) for proper operation, if applicable;
(xiy) Inspect waste heat boiler systems to ensure proper operation, if applicable;
(xv) Inspect bypass stack components;
(xvi) Ensure proper calibration of thermocouples, sorbent feed systems and any other
monitoring equipment; and
(xvii) Generally observe that the equipment is maintained in good operating condition.
(2) Within 10 operating days following an equipment inspection all necessary repairs
shall be completed unless the owner or operator obtains written approval from the State agency
establishing a date whereby all necessary repairs of the designated facility shall be completed.
(b) For approval, a State plan shall require that each small HMIWI subject to the
emission limits under § 60.33e(b) undergo an equipment inspection annually (no more than
12 months following the previous annual equipment inspection), as outlined in paragraphs (a)(l)
and (a)(2) of this section.
§ 60.37e Compliance, performance testing, and monitoring guidelines.
(a) Except as provided in paragraph (b) of this section, for approval, a State plan shall
include the requirements for compliance and performance testing listed in § 60.56c of Subpart EC
of this part, excluding the fugitive emissions testing requirements under § 60.56c(b)( 12) and
§ 60.56c(c)(3).
(b) For approval, a State plan shall require any small HMIWI subject to the emission
limits under § 60.33e(b) to meet the following compliance and performance testing requirements
(1) Conduct the performance testing requirements in § 60.56c(a), (b)(l) through (bi(9).
(b)(l 1) (Hg only), and (c)(l) of Subpart EC of this part, The 2,000 Ib/week limitation under
§ 60.33e(b) does not apply during performance tests.
(2) Establish maximum charge rate and minimum secondary chamber temperature as
site-specific operating parameters during the initial performance test to determine compliance
with applicable emission limits.
(3) Following the date on which the initial performance test is completed or is required t
be completed under § 60.8, whichever date comes first, ensure that the designated facility does
not operate above the maximum charge rate or below the minimum secondary chamber
temperature measured as 3-hour rolling averages (calculated each hour as the average of the
previous 3 operating hours) at all times except during periods of startup, shutdown and
malfunction. Operating parameter limits do not apply during performance tests. Operation
above the maximum charge rate or below the minimum secondary chamber temperature shall
constitute a violation of the established operating parameters).
(4) Except as provided in paragraph (b)(5) of this section, operation of the designated
facility above the maximum charge rate and below the minimum secondary chamber temperatur
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(each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the
PM, CO, and dioxin/furan emission limits.
(5) The owner or operator of a designated facility may conduct a repeat performance test
within 30 days of violation of applicable operating parameters) to demonstrate that the
designated facility is not in violation of the applicable emission limit(s). Repeat perfor
tests conducted pursuant to this paragraph must be conducted using the identical operating
parameters that indicated a violation under paragraph (bX4) of this section.
(c) For approval, a State plan shaU irclude the requ^ .
§ 60.57c of Subpait EC of this part, except is provided f or under paragraph (d) of mis section.
(d) For approval, a State plan shall include requirements for any small HMIWI subject to
the emission limits under } 6033e(b) to meet the following monitoring requirements:
(1) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for
measuring and recording the temperature of the secondary chamber on a continuous basis, the
output of which shall be recorded, at a minimum, once every minute throughout operation.
(2) Install, calibrate (to manufacturers' specifications), maintain, and operate a device
which automatically measures and records the date, time, and weight of each charge fed into the
HMIWI.
(3) The owner or operator of a designated facility shall obtain monitoring data at all
times during HMIWI operation except during periods of monitoring equipment malfunction,
calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of
the operating hours per day and for 90 percent of the operating hours per calendar quarter that the
designated facility is combusting hospital waste and/or medical/infectious waste.
§ 60.38e Reporting and recordkecping guidelines.
(a) For approval, a State plan shall include the reporting and recordkeeping requirements
listed in § 60.58c(b), (c), (d), (e), and (f) of Subpart EC of this part, excluding § 60.58c(b)(2)(ii)
(fugitive emissions) § 60.58c(b)(7) (siting).
(b) For approval, a State plan shall require the owner or operator of each small HMIWI
subject to the emission limits under § 60.33e(b) to:
(1) Maintain records of the annual equipment inspections, any required maintenance, and
any repairs not completed within 10 days of an inspection or the timeframe established by the
State regulatory agency; and
(2) Submit an annual report containing information recorded under paragraph (b)(l) of
this section no later than 60 days following the year in which data were collected. Subsequent
reports shall be sent no later than 12 calendar months following the previous report (once the unit
is subject to permitting requirements under Title V of the Act, the owner or operator must submit
these reports semi annually). The report shall be signed by the facilities manager.
§ 60.39e Compliance times.
(a) Not later than September IS, 1998, each State in which a designated facility is
operating shall submit to the Administrator a plan to implement and enforce the emission
guidelines.
(b) Except as provided in paragraphs (c) and (d) of this section, State plans shall provide
that designated facilities comply with all requirements of the State plan on or before the date 1
year after EPA approval of the State plan, regardless of whether a designated facility is identified
in the State plan inventory required by § 60.25(a) of Subpart B of this part.
(c) State plans that specify measurable and enforceable incremental steps of progress
towards compliance for designated facilities planning to install the necessary air pollution control
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equipment may allow compliance on or before the date 3 years after EPA approval of the State
plan (but not later than the date 5 years after the date of promulgation of this subpart). Suggested
measurable and enforceable activities to be included in State plans are:
(1) Date for submitting a petition for site specific operating parameters under § 60.56c(i)
of Subpart EC of this part.
(2) Date for obtaining services of an architectural and engineering firm regarding the air
pollution control device(s);
(3) Date for obtaining design drawings of the air pollution control device(s);
(4) Date for ordering the air pollution control devices);
(5) Date for obtaining the major components of the air pollution control devices);
(6) Date for initiation of site preparation for installation of the air pollution control
device(s);
(7) Date for initiation of installation of the air pollution control device(s);
(8) Date for initial startup of the air pollution control device(s); and
(9) Date for initial compliance test(s) of the air pollution control device(s).
(d) State plans that include provisions allowing designated facilities to petition the State
for extensions beyond the compliance times required in paragraph (b) of this section shall:
(1) Require that the designated facility requesting an extension submit the following
information in time to allow the State adequate time to grant or deny the extension within 1 year
after EPA approval of the State plan:
(i) Documentation of the analyses undertaken to support the need for an extension,
including an explanation of why up to 3 years after EPA approval of the State plan is sufficient
time to comply with the State plan while 1 year after EPA approval of the State plan is not
sufficient. The documentation shall also include an evaluation of the option to transport the
waste offsite to a commercial medical waste treatment and disposal facility on a temporary or
permanent basis; and
(ii) Documentation of measurable and enforceable incremental steps of progress to be
taken towards compliance with the emission guidelines.
(2) Include procedures for granting or denying the extension; and
(3) If an extension is granted, require compliance with the emission guidelines on or
before the dale 3 years after EPA approval of the State plan (but not later than the date 5 years
after the date of promulgation of this subpart).
(e) For approval, a State plan shall require compliance with §60.34e--Operator training
and qualification guidelines and §60.36e-Inspection guidelines by the date 1 year after EPA
approval of a State plan.
(f) The Administrator shall develop, implement, and enforce a plan for existing HMFWI
located in any State that has not submitted an approvable plan within 2 years after the date of
promulgation of this subpart. Such plans shall ensure that each designated facility is in
compliance with the provisions of this subpart no later than 5 years after the date of promulgatio
of this subpart.
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Appendix M2
40 CFR 60 Subpart EC
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APPENDIX M2--40 CFR 60 SUBPART EC
5. Part 60 is amended by adding a new Subpart EC to read as follows:
Subpart Ec-Standards of Performance for Hospital/Medical/ Infectious Waste Incinerators for
which construction is commenced after June 20,1996.
60.50c Applicability and delegation of authority.
60.5 Ic Definitions.
60.52c Emission limits.
60.53c Operator training and qualification requirements.
60.54c Siting requirements.
60.55c Waste management plan.
60.56c Compliance and performance testing.
60.57c Monitoring requirements.
60.58c Reporting and recordkeeping requirements.
Subpan Ec-Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for
which construction is commenced after June 20,19%.
§ 60.50c Applicability and delegation of authority.
(a) Except as provided in paragraphs (b) through (h) of this section, the affected facility
to which this subpart applies is each individual hospital/medicalAnfectious waste incinerator
(HMIWI) for which construction is commenced after June 20,1996 or for which modification is
commenced after March 16, 1998.
(b) A combustor is not subject to this subpart during periods when only pathological
waste, low-level radioactive waste, and/or chemotherapeutic waste (all defined in § 60.5 Ic) is
burned, provided the owner or operator of the combustor
(1) Notifies the Administrator of an exemption claim; and
(2) Keeps records on a calendar quarter basis of the periods of time when only
pathological waste, low-level radioactivewaste and/or chemotherapeutic waste is burned.
(c) Any co-fired combustor (defined in § 60.51c) is not subject to this subpart if the
owner or operator of the co-fired combustor:
(1) Notifies the Administrator of an exemption claim:
(2) Provides an estimate of the relative amounts of hospital waste, medical/infectious
waste, and other fuels and wastes to be combusted, and
(3) Keeps records on a calendar quarter basis of the weight of hospital waste and
medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at
the co-fired combustor.
(d) Any combustor required to have a permit under section 3005 of the Solid Waste
Disposal Act is not subject to this subpart.
(e) Any combustor which meets the applicability requirements under Subpart Cb, Ea, or
Eb of this part (standards or guidelines for certain municipal waste combustors) is not subject to
this subpart.
(f) Any pyrolysis unit (defined in § 60.5 Ic) is not subject to this subpart.
(g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to
this subpart.
(h) Physical or operational changes made to an existing HMIWI solely for the purpose of
complying with emission guidelines under Subpart Ce are not considered a modification and do
not result in an existing HMIWI becoming subject to this subpart.
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(i) In delegating implementation and enforcement authority to a State under
section 11 l(c) of the Clean Air Act, the following authorities shall be retained by the
Administrator and not transferred to a State:
(1) The requirements of § 60.56c(i) establishing operating parameters when using
controls other than those listed in § 60.56c(d).
(2) Alternative methods of demonstrating compliance under § 60.8.
(j) Affected facilities subject to this subpart are not subject to the requirements of 40
CFRpart64.
(k) The requirements of this subpart shall become effective March 16,1998.
(1) Beginning 36 months after the date of promulgation of this subpart, or on the effecti v<
date of an EPA-approved operating permit program under Clean Air Act title V and the
implementing regulations under 40 CFR part 70 in the State in which the unit is located,
whichever date is later, affected facilities subject to this subpart shall operate pursuant to a permi
issued under the EPA approved State operating permit program.
§60.51c Definitions.
Batch HMIWI means an HMIWI that is designed such that neither waste charging nor asl
removal can occur during combustion.
Biologicals means preparations made from living organisms and their products, includinj
vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or
animals or in research pertaining thereto.
Blood Products means any product derived from human blood, including but not limited
to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products,
such as interferon, etc.
Body Fluids means liquid emanating or derived from humans and limited to blood;
dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardia! fluids; and semei
and vaginal secretions.
Bypass stack means a device used for discharging combustion gases to avoid severe
damage to the air pollution control device or other equipment.
Chemotherapeutic waste means waste material resulting from the production or use of
antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cell
Co-fired combustor means a unit combusting hospital waste and/or medical/infectious
waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceablf
requirement limiting the unit to combusting a fuel feed stream, 10 percent or less of the weight
which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured o
a calendar quarter basis. For purposes of this definition, pathological waste, Chemotherapeutic
waste, and low-level radioactive waste are considered "other" wastes when calculating the
percentage of hospital waste and medical/infectious waste combusted.
Continuous emission monitoring system or CEMS means a monitoring system for
continuously measuring and recording the emissions of a pollutant from an affected facility.
Continuous HMIWI means an HMIWI that is designed to allow waste charging and ash
removal during combustion.
Dioxins/furans means the combined emissions of tetra- through octa-chJorinated dibenz
para-dioxins and dibenzofurans, as measured by EPA Reference Method 23.
Dry scrubber means an add-on air pollution control system that injects dry alkaline
sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize a<
gases in the HMIWI exhaust stream forming a dry powder material.
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Fabric filter or baghouse means an add-on air pollution control system that removes
paniculate matter (PM) and nonvaporous metals emissions by passing flue gas through filter
bags.
Facilities manager means the individual in charge of purchasing, maintaining, and
operating the HMIWI or the owner's or operator's representative responsible for the management
of the HMIWI. Alternative titles may include director of facilities or vice president of support
services.
Hiyh-yjr ph*se means the stage of the batch operating cycle when the primary chamber
reaches and maintains maximum operating temperatures.
Hospital means any facility which has an organized medical stuff. maintain* at IM* «»
inpatient beds, and where the primary function of the institution is to provide diagnostic and
therapeutic patient services and continuous nursing care primarily to human inpatients who are
not related and who stay on average in excess of 24 hours per admission. This definition does
not include facilities maintained for the sole purpose of providing nursing or convalescent care to
human patients who generally are not acutely ill but who require continuing medical supervision.
Hospital/medical/infectious waste incinerator or HMIWI or HMJW] yn.it means any
device that combusts any amount of hospital waste and/or inedical/infectious waste.
Hospital/medical/infectious waste incinerator operator or HMIWI operator means any
person who operates, controls or supervises the day-to-day operation of an HMIWI.
Hospital waste means discards generated at a hospital, except unused items returned to
the manufacturer. The definition of hospital waste does not include human corpses, remains, and
anatomical pans that are intended for interment or cremation.
Infectious agent means any organism (such as a virus or bacteria) that is capable of being
communicated by invasion and multiplication in body tissues and capable of causing disease or
adverse health impacts in humans.
Intermittent HMIWI means an HMIWI that is designed to allow waste charging, bui not
ash removal, dunng combustion.
Large HMIWI means:
(1) Except as provided in (2).
(i) An HMIWI whose maximum design waste burning capacity is more than 500 pounds
per hour; or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 500
pounds per hour; or
(iii) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.
(2) The following are not large HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or
equal to 500 pounds per hour; or
(ii) A batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds
per day.
Low-level radioactive waste means waste material which contains radioactive nuclides
emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed
applicable federal or State standards for unrestricted release. Low-level radioactive waste is not
high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)).
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Malfunction means any sudden, infrequent, and not reasonably preventable failure of air
pollution control equipment, process equipment, or a process to operate in a normal or usual
manner. Failures that are caused, in part, by poor maintenance or careless operation are not
malfunctions. During periods of malfunction the operator shall operate within established
parameters as much as possible, and monitoring of all applicable operating parameters shall
continue until all waste has been combusted or until the malfunction ceases, whichever comes
first.
(1) For continuous and intermittent HMIWI,110 percent of the lowest 3-hour average
charge rate measured during the most recent performance test demonstrating compliance with all
applicable emission limits.
(2) For batch HMIWI, 110 percent of the lowest daily charge rate measured during the
most recent performance test demonstrating compliance with all applicable emission limits.
Maximum design wysfe burning capacity means:
(1) For intermittent and continuous HMIWI,
O Pv x 15,000/8,500
where:
C= HMIWI capacity, lb/hr
Pys primary chamber volume, ft3
15,000 = primary chamber heat release rate factor, Btu/fr^/hr
8,500 « standard waste heating value, Btu/lb,
(2) For batch HMIWI,
C = Pv x 4.5/8
where:
C= HMIWI capacity, lb/hr
Pv = primary chamber volume, ft3
4.5 = waste density, lb/ft3
8 = typical hours of operation of a batch HMIWI. hours.
Maximum fabric filter inlet temperature means 110 percent of the lowest 3-hour average
temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured
during the most recent performance test demonstrating compliance with the dioxin/furan
emission limit.
Maximum flue gas temperature means 110 percent of the lowest 3-hour average
temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute)
measured during the most recent performance test demonstrating compliance with the mercury
(Hg) emission limit.
Medical/infectious waste means any waste generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the production or
testing of biologicals that is listed below:
(1) Cultures and stocks of infectious agents and associated biologicals, including:
cultures from medical and pathological laboratories; cultures and stocks of infectious agents frorr
research and industrial laboratories; wastes from the production of biologicals; discarded live and
attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Human pathological waste, including tissues, organs, and body parts and body fluids
that are removed during surgery or autopsy, or other medical procedures, and specimens of body
fluids and their containers.
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(3) Human blood and blood products including:
(i) Liquid waste human blood;
(ii) Products of blood;
(iii) Items saturated and/or dripping with human blood; or
(iv) Items that were saturated and/or dripping with human blood that are now caked with
dried human blood; including serum, plasma, and other blood components, and their containers,
which were used or intended for use in either patient care, testing and laboratory analysis or die
development of Pharmaceuticals. Intravenous bags are also include in this category.
(4) Sharps that have been used in animal or human patient care or treatment or in
medical, research, or industrial laboratories, including hypodermic needles, syringes (with or
without the attached needle), pasteur pipettes, scalpel Wades, Wood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious agents). Also included are other
types of broken or unbroken glassware that were in contact with infectious agents, such as used
slides and cover slips.
(5) Animal waste including contaminated animal carcasses, body parts, and bedding of
animals that were known to have been exposed to infectious agents during research (including
research in veterinary hospitals), production of biologicals or testing of Pharmaceuticals.
(6) Isolation wastes including biological waste and discarded materials contaminated
with blood, excretions, exudates, or secretions from humans who are isolated to protect others
from certain highly communicable diseases, or isolated animals known to be infected with highly
communicable diseases.
(7) Unused sharps including the following unused, discarded sharps: hypodermic
needles, suture needles, syringes, and scalpel blades.
The definition of medical/infectious waste does not include hazardous waste identified or
listed under the regulations in pan 261 of this chapter; household waste, as defined in
§ 261.4(b)( 1) of this chapter; ash from incineration of medical/infectious waste, once the
incineration process has been completed; human corpses, remains, and anatomical pans that are
intended for interment or cremation; and domestic sewage materials identified in § 261.4(a)(l) of
this chapter.
Medium HMIWI means:
(1) Except as provided in (2).
(i) An HMIWI whose maximum design waste burning capacity is more than 200 pounds
per hour but less than or equal to 500 pounds per hour; or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is more than 200-
pounds per hour but less than or equal to 500 pounds per hour; or
(iii) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but
less than or equal to 4,000 pounds per day.
(2) The following are not medium HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or
equal to 200 pounds per hour or more than 500 pounds per hour; or
(ii) A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or
less than or equal to 1,600 pounds per day.
Minimum dioxin/furan sorbent flow rate means 90 percent of the highest 3-hour average
dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most
recent performance test demonstrating compliance with the dioxin/furan emission limit.
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Minimum He sorfaent flow rate means 90 percent of the highest 3-hour average Hg
sorbcnt flow rate (taken, at a minimum, once every hour) measured during the most recent
performance test demonstrating compliance with the Hg emission limit.
MilUIBVlTi hWr??60 chloride (HCl) sorbent flow rate "***!»$ 90 percent of the highest
3-hour avenge HC1 sorbent flow rate (taken, at a minimum, once every hour) measured during
the most recent performance test demonstrating compliance with the HC1 emission limit
Mff"1TMTl kflfhTgP^ VT flfP"**6 "g*"8 90 percent of the highest ^Jwir averape
horsepower or amperage to the wet scrubber (taken, at a mmimmn, once every minute) measured
during the most recent performance test demonstrating compliance with the applicable emission
limits.
drop across the wet scrubber means 90 percent of the hipfaest 3-bour
average pressure drop across the wet scrubber PM control device (taken, at a minimum, once
every minute) measured during the most recent performance test demonstrating compliance with
the PM emission limit.
Minimum scrubber liquor flow rate means 90 percent of the highest 3-hour average liquor
flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured
during the most recent performance test demonstrating compliance with all applicable emission
limits.
Minimum scrubber liquor pH means 90 percent of the highest 3-hour average liquor pH
at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the
most recent performance test demonstrating compliance with the HC1 emission 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, or
dioxin/furan emission limits.
Modification or Modified HMIWI means any change to an HMIWI unit after the effective
date of these standards such that:
( 1 ) The cumulative costs of the modifications, over the life of the unit, exceed 50 per
centum of the original cost of the construction and installation of the unit (not including the cost
of any land purchased in connection with such construction or installation) updated to current
costs, or
(2) The change involves a physical change in or change in the method of operation of the
unit which increases the amount of any air pollutant emitted by the unit for which standards have
been established under section 129 or section 111.
Operating day means a 24-hour period between 12:00 midnight and the following
midnight during which any amount of hospital waste or medical/infectious waste is combusted at
any time in the HMIWI.
Operation means the period during which waste is combusted in the incinerator excluding
periods of startup or shutdown.
Paniculate matter or PM means the total paniculate matter emitted from an HMIWI as
measured by EPA Reference Method 5 or EPA Reference Method 29.
Pathological waste means waste material consisting of only human or animal remains,
anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste
material, and animal bedding (if applicable).
Primary chamber means the chamber in an HMIWI that receives waste material, in which
the waste is ignited, and from which ash is removed.
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Pyrolvsis means the endothennic gasification of hospital waste and/or medical/infectious
waste using external energy.
means a component of the HMIWI that receives combustion gases
from the primary chamber and in which the combustion process is completed.
Shutdown means the period of time after all waste has been combusted in the primary
chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last
charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4
hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no
less than 5 hours after the high-air phase of combustion has been completed.
SfflaJLHMjWJ means:
(1) Except as provided in (2),
(t) An HMIWI whose maximum design waste burning capacity is less than or equal to
200 pounds per hour, or
(ii) A continuous or intermittent HMIWI whose maximum charge rate is less than or
equal to 200 pounds per hour; or
(iii) A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds
per day.
(2) The following are not small HMIWI:
(i) A continuous or intermittent HMIWI whose maximum charge rate is more than 200
pounds per hour;
(ii) A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day.
Standard conditions means a temperature of 20°C and a pressure of 101.3 kilopascals.
Startup means the period of time between the activation of the system and the first charge
to the unit. For batch HMIWI, startup means the period of time between activation of the system
and ignition of the waste.
Wet scrubber means an add-on air pollution control device that utilizes an alkaline
scrubbing liquor to collect paniculate matter (including nonvaporous metals and condensed
orgamcs) and/or to absorb and neutralize acid gases.
§ 60.52c Emission limits.
(a) On and after the date on which the initial performance test is completed or is required
to be completed under § 60.8, whichever date comes first, no owner or operator of an affected
facility shall cause to be discharged into the atmosphere from that affected facility any gases that
contain stack emissions in excess of the limits presented in Table 1 .
(b) On and after the date on which the initial performance test is completed or is required
to be completed under § 60.8, whichever date comes first, no owner or operator of an affected
facility shall cause to be discharged into the atmosphere from the stack of that affected facility
any gases that exhibit greater than 10 percent opacity (6-minute block average).
(c) On and after the date on which the initial performance test is completed or is required
to be completed under § 60.8, whichever date comes first, no owner or operator of an affected
facility utilizing a large HMIWI shall cause to be discharged 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, except as provided in paragraphs (d) and (t) of this section.
(d) The emission limit specified in paragraph (c) of this section does not cover visible
emissions discharged inside buildings or enclosures of ash conveying systems; however, the
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TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM. AND LARGE HMIWI
Pollutant
Paniculate matter
f, _*.
Dioxins/furans
Hydrogen chloride
Sulfur dioxide
Nitrogen oxides
Lead
/
Cadmium
Mercury
Units (7 percent oxygen, dry basis)
milligrams per dry standard cubic meter
(grains per dry standard cubic foot)
parts per million by volume
total dioxins/furans (grains per billion
dry finr**Mif cubic feet) or uanogiams
per dry standard cubic meter total
dioxins/furans TEQ (grains per billion
dry standard cubic feet)
parts per million by volume or percent
reduction
parts per million by volume
parts per million by volume
milligrams per dry standard cubic meter
(grains per thousand dry standard cubic
feet) or percent reduction
milligrams per dry standard cubic meter
(grains per thousand dry standard cubic
feet) or percent reduction
milligrams per dry standard cubic meter
(grains per thousand dry standard cubic
feet) or percent reduction
Emission limits
HMIWI size
Small
69
(0.03)
40
12S
(55) or
2.3
(1.0)
15 or
99%
55
250
1.2
(0.52) or
70%
0.16
(0.07) or
65%
0.55
(0.24) or
85<7c
Medium
34
(0.015)
40
25
(U)or
0.6
(0.26)
15 or
99%
55
250
0.07
(0.03) or
98%
0.04
(0.02) or
90%
0.55
(0.24) or
85 <*
Large
34
(0.015)
40
25
(ll)or
0.6
(0.26)
15 or
99%
55
250
0.07
(0.03) or
98%
0.04
(0.02) or
90%
0.55
(0.24) or
85%
emission limit does cover visible emissions discharged to the atmosphere from buildings or
enclosures of ash conveying systems.
(e) The provisions specified in paragraph (c) of this section do not apply dunng
maintenance and repair of ash conveying systems. Maintenance and/or repair shall not exceed
operating days per calendar quarter unless the owner or operator obtains written approval from
the State agency establishing a date whereby all necessary maintenance and repairs of ash
conveying systems shall be completed.
§ 60.53c Operator training and qualification requirements.
(a) No owner or operator of an affected facility shall allow the affected facility to opera
at any time unless a fully trained and qualified HMIWI operator is accessible, either at the facili
or available within 1 hour. The trained and qualified HMIWI operator may operate the HMIW]
directly or be the direct supervisor of one or more HMIWI operators.
(b) Operator training and qualification shall be obtained through a State-approved
program or by completing the requirements included in paragraphs (c) through (g) of this sectio
(c) Training shall be obtained by completing an HMIWI operator training course that
includes, at a minimum, the following provisions:
(1) 24 hours of training on the following subjects:
(i) Environmental concerns, including pathogen destruction and types of emissions;
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(ii) Basic combustion principles, including products of combustion;
(iii) Operation of the type of incinerator to be used by the operator, including proper
startup, waste charging, and shutdown procedures;
(iv) Combustion controls and monitoring;
(v) Operation of air pollution control equipment and factors affecting performance (if
applicable);
(vi) Methods to monitor pollutants (continuous emission monitoring systems and
monitoring of HMIWI and air pollution control device operating parameters) and equipment
calibration procedures (where applicable);
(vii) Inspection and maintenance of the HMIWI, air pollution control devices, and
continuous emission monitoring systems;
(viii) Actions to correct malfunctions or conditions that may lead to malfunction;
(ix) Bottom and fly ash characteristics and handling procedures;
(x) Applicable Federal, State, and local regulations;
(xi) Work safety procedures;
(xii) Pro-startup inspections; and
(xiii) Recordkeeping requirements.
(2) An examination designed and administered by the instructor.
(3) Reference material distributed to the attendees covering the course topics.
(d) Qualification shall be obtained by:
(1) Completion of a training course that satisfies the criteria under paragraph (c) of this
section; and
(2) Either 6 months experience as an HMIWI operator, 6 months experience as a direct
supervisor of an HMIWI operator, or completion of at least two bum cycles under the
observation of two qualified HMIWI operators.
(e) Qualification is valid from the date on which the examination is passed or the
completion of the required experience, whichever is later.
(f) To maintain qualification, the trained and qualified HMIWI operator shall complete
and pass an annual review or refresher course of at least 4 hours covering, at a minimum, the
following1
(1) Update of regulations;
(2) Incinerator operation, including startup and shutdown procedures;
(3) Inspection and maintenance:
(4) Responses to malfunctions or conditions that may lead to malfunction; and
(5) Discussion of operating problems encountered by attendees.
(g) A lapsed qualification shall be renewed by one of the following methods:
(1) For a lapse of less than 3 years, the HMIWI operator shall complete and pass a
standard annual refresher course described in paragraph (f) of this section.
(2) For a lapse of 3 years or more, the HMIWI operator shall complete and pass a
training course with the minimum criteria described in paragraph (c) of this section.
(h) The owner or operator of an affected facility shall maintain documentation at the
facility that address the following:
(1) Summary of the applicable standards under this subpart;
(2) Description of basic combustion theory applicable to an HMIWI;
(3) Procedures for receiving, handling, and charging waste;
(4) HMIWI startup, shutdown, and malfunction procedures;
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(S) Procedures for maintaining proper combustion air supply levels;
(6) Procedures for operating the HMIWI and associated air pollution control systems
within the standards established under this subpart;
(7) Procedures for responding to periodic malfunction or conditions that may lead to
malfunction;
(8) Procedures for monitoring HMIWI emissions;
(9) Reporting and recordkeeping procedures; and
(10) Procedures for handling ash.
(i) The owner or operator of an affected facility shall establish a program for reviewing
the information listed in paragraph (h) of mis section annually with each HMIWI operator
(defined in § 60.5 Ic).
(1) The initial review of the information listed in paragraph (h) of this section shall be
conducted within 6 months after the effective date of mis subpart or prior to assumption of
responsibilities affecting HMIWI operation, whichever date is later.
(2) Subsequent reviews of the information listed in paragraph (h) of this section shall be
conducted annually.
(j) The information listed in paragraph (h) of this section shall be kept in a readily
accessible location for all HMIWI operators. This information, along with records of training
shall be available for inspection by the EPA or its delegated enforcement agent upon request.
§ 60.54c Siting requirements.
(a) The owner or operator of an affected facility for which construction is commenced
after September 15, 1997 shall prepare an analysis of the impacts of the affected facility. The
analysis shall consider air pollution control alternatives that minimize, on a site-specific basis, to
the maximum extent practicable, potential risks to public health or the environment. In
considering such alternatives, the analysis may consider costs, energy impacts, non-air
environmental impacts, or any other factors related to the practicability of the alternatives.
(b) Analyses of facility impacts prepared to comply with State, local, or other Federal
regulatory requirements may be used to satisfy the requirements of this section, as long as the>
include the consideration of air pollution control alternatives specified in paragraph (a) of this
section
(c) The owner or operator of the affected facility shall complete and submit the siting
requirements of this section as required under § 60.58c(a)(l)(iii).
§ 60.55c Waste management plan.
The owner or operator of an affected facility shall prepare a waste management plan. Th<
waste management plan shall identify both the feasibility and the approach to separate certain
components of solid waste from the health care waste stream in order to reduce the amount of
toxic emissions from incinerated waste. A waste management plan may include, but is not
limited to, elements such as paper, cardboard, plastics, glass, battery, or metal recycling; or
purchasing recycled or recyclable products. A 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. 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 emission reduction:
expected to be achieved, and any other environmental or energy impacts they might have. The
American Hospital Association publication entitled "An Ounce of Prevention: Waste Reduction
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Strategies for Health Care Facilities" (incorporated by reference, see § 60.17) shall be considered
in the development of the waste management plan.
§60.56c Compliance and performance testing.
(a) The emission limits under this subpart apply at all times except during periods of
startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious wane at
charged to the affected facility during startup, shutdown, or malfunction.
(b) The owner or operator of an affected facility shall conduct an initial performance ft*
as required under J 60.8 to determine compliance with the emission limits using the procedoras
and test methods listed in paragraphs (bXD through (bX12) of this section.
stack during a performance test *Mft invalidate the performance test.
(1) All performance tests shall consist of a minimum of three test runs <
representative operating conditions.
(2) The minimum sample time shall be 1 hour per test run unless otherwise indicated.
(3) EPA Reference Method 1 of appendix A of this part shall be used to select the
sampling location and number of traverse points.
(4) EPA Reference Method 3 or 3A of appendix A of this part shall be used for gas
composition analysis, including measurement of oxygen concentration. EPA Reference
Method 3 or 3A of appendix A of this part shall be used simultaneously with each reference
method.
(5) The pollutant concentrations shall be adjusted to 7 percent oxygen using the
following equation:
C*dj = Ctneas (20.9-7V(20.9-%O2)
where:
Cad = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis
(20.9-7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen correction basis);
20.9 = oxygen concentration in air, percent; and
9cO2 = oxygen concentration measured on a dry basis, percent.
(6) EPA Reference Method 5 or 29 of appendix A of this pan shall be used to measure
the paniculate matter emissions.
(7) EPA Reference Method 9 of appendix A of this pan shall be used to measure stack
opacity
(8) EPA Reference Method 10 or JOB of appendix A of thus pan shall be used to measure
the CO emissions.
(9) EPA Reference Method 23 of appendix A of this pan shall be used to measure total
dioxin/furan emissions. The minimum sample time shall be 4 hours per test run. If the affected
facility has selected the toxic equivalency standards for dioxin/furans, under § 60.52c, the
following procedures shall be used to determine compliance:
(i) Measure the concentration of each dioxin/furan tetra- through octa-congener emitted
using EPA Reference Method 23.
(ii) For each dioxin/furan congener measured in accordance with paragraph (b)(9Xi>of
this section, multiply the congener concentration by its corresponding toxic equivalency factor
specified in Table 2 of this subpart.
(iii) Sum the products calculated in accordance with paragraph (b)(9)(ii) of this section to
obtain the total concentration of dioxins/furans emitted in terms of toxic equivalency.
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TABLE 2. TOXIC EQUIVALENCY FACTORS
Dioxin/fiinn congener
2,3,7,8-tetnchlorinated dibenzo-p-dioxjn
1,2,3,7,8-penuchlorinated dibenzo-p-dioxin
1 ,2,3,4,7,8-hexachlorinated dibeazo-p-dtoxio
1 ,2.3,7,8.9-hexachlorinaied dttwro-p-dioxin
1 ,24,6,7,8-hexachkriaaied dftwazo-pKboxin
1, 2,3,4 ,6,7,8-hepucfaJorinated dfceazo-p-dioxin
octachlorinated dibenzo-p-dioxin
2,3,7,8-tetrachlorinated dibenzofuran
2,3,4,7,8-peniachlorinaied dibenzofuran
1,2,3,7,8-pentachlorinated dibenzofuran
1, 2,3,4 ,7,8-hexachlorinated dibenzofurin
1,2,3,6,7,8-hexachlonnated dibenzofuran
1.2,3,7,8,9-hexachlorinated dibenzofuran
2. 3,4,6.7, 8-hexachlorinated dibenzofuran
1,2,3.4,6,7,8-heptachlorinated dibenzofuran
1 ,2,3.4,7, 8.9-heptachlorinated dibenzofuran
ociachlonnated dibenzofuran
Toxk equivalency
factor
1
0.5
0.1
0.1
0.1
0.01
0.001
0.1
0.5
0.05
0.1
•0.1
0.1
0.1
0.01
0.01
0.001
(10) EPA Reference Method 26 of appendix A of this pan shall be used to measure HC1
emissions. If the affected facility has selected the percentage reduction standards for HC1 under
§ 60 52c. the percentage reduction in HC1 emissions (^RHCI^ 1S computed using the following
formula
VHCI
) =
E. - E,
x 100
where:
%RHC1 = percentage reduction of HCI emissions achieved;
E, = HCI emission concentration measured at the control device inlet, corrected to
7 percent oxygen (dry basis); and
E0 = HCI emission concentration measured at the control device outlet, corrected to
7 percent oxygen (dry basis).
(11) EPA Reference Method 29 of appendix A of this part shall be used to measure Pb,
Cd, and Hg emissions. If the affected facility has selected the percentage reduction standards for
metals under § 60.52c, the percentage reduction in emissions C&Rmeuii) 's computed using the
following formula:
M-19
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where:
%Rmeu1 = percentage reduction of metal emission (Pb, Cd, or Hg) achieved;
Ej = metal emission concentration (Pb, Cd, or Hg) measured at the control device
inlet, corrected to 7 percent oxygen (diy basis); and
E0« metal emission concentration (Pb, Cd, or Hg) measured at the control device
outlet, corrected to 7 percent oxygen (dry basis).
(12) The EPA Reference Method 22 of appendix A of this pan shall be used to determine
compliance with the fugitive ash emission limit under § 60.52c(c). The minimum observation
time shall be a series of three 1-hour observations.
(c) Following the date on which the initial performance test is completed or is required to
be completed under § 60.8, whichever date comes first, the owner or operator of an affected
facility shall:
(1) Determine compliance with the opacity limit by conducting an annual performance
test (no more than 12 months following the previous performance test) using the applicable
procedures and test methods listed in paragraph (b) of this section.
(2) Determine compliance with the PM, CO, and HC1 emission limits by conducting an
annual performance test (no more than 12 months following the previous performance test) using
the applicable procedures and test methods listed in paragraph (b) of this section. If all three
performance tests over a 3-year period indicate compliance with the emission limit for a pollutant
(PM, CO, or HC1), the owner or operator may forego a performance test for that pollutant for the
subsequent 2 years. At a minimum, a performance test for PM, CO, and HC1 shall be conducted
every third year (no more than 36 months following the previous performance test). If a
performance test conducted every third year indicates compliance with the emission limit for a
pollutant (PM, CO, or HC1). the owner or operator may forego a performance test for that
pollutant for an additional 2 years. If any performance test indicates noncompliance with the
respective emission limit, a performance test for that pollutant shall be conducted annually until
all annual performance tests over a 3-year period indicate compliance with the emission limit.
The use of the bypass stack during a performance test shall invalidate the performance test.
(3) For large HMIWI, determine compliance with the visible emission limits for fugitive
emissions from flyash/bottom ash storage and handling by conducting a performance test using
EPA Reference Method 22 on an annual basis (no more than 12 months following the previous
performance test).
(4) Facilities using a CEMS to demonstrate compliance with any of the emission limits
under § 60.52c shall:
(i) Determine compliance with the appropriate emission limit(s) using a 12-hour rolling
average, calculated each hour as the average of the previous 12 operating hours (not including
startup, shutdown, or malfunction).
(ii) Operate all CEMS in accordance with the applicable procedures under appendices B
and F of this part.
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(d) The owner or operator of an affected facility equipped with a dry scrubber followed
by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter and wet scrubber
shall:
(1) Establish the appropriate maximum and minimum operating parameters, indicated in
Table 3 for each control system, as site specific operating parameters during the initial
performance test to determine compliance with the emission limits; and
(2) Following the date on which the initial performance test is completed or is required tc
be completed under § 60.8, whichever date comes first, ensure mat 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 and measured as 3-hour rolling
averages (calculated each hour as the average of die previous 3 operating hours) at all times
except during periods of startup, shutdown and malfunction. Operating parameter limits do not
apply during performance tests. Operation above the established maiinmm or below the
established minimum operating parameters) shall constitute a violation of established operating
parameters).
(e) Except as provided in paragraph (h) of this section, for affected facilities equipped
with a dry scrubber followed by a fabric filter:
(1) Operation of the affected facility above the maximum charge rate and below the
minimum secondary chamber temperature (each measured on a 3-hour rolling average)
simultaneously shall constitute a violation of the CO emission limit.
(2) Operation of the affected facility above the maximum fabric filter inlet temperature,
above the maximum charge rate, and below the minimum dioxin/furan sorbcnt flow rate (each
measured on a 3-hour rolling average) simultaneously shall constitute a violation of the
dioxin/furan emission limit.
(3) Operation of the affected facility above the maximum charge rate and below the
minimum HC1 sorbent flow rate (each measured on a 3-hour rolling average) simultaneously
shall constitute a violation of the HC1 emission limit.
(4) Operation of the affected facility above the maximum charge rate and below the
minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously shal
constitute a violation of the Hg emission limit.
(5) Use of the bypass stack (except during startup, shutdown, or malfunction) shall
constitute a violation of the PM, dioxin/furan, HC1, Pb, Cd and Hg emission limns.
(f) Except as provided in paragraph (h) of this section, for affected facilities equipped
with a wet scrubber:
(1) Operation of the affected facility above the maximum charge rate and below the
minimum pressure drop across the wet scrubber or below the minimum horsepower or amperage
to the system (each measured on a 3-hour rolling average) simultaneously shall constitute a
violation of the PM emission limit.
(2) Operation of the affected facility above the maximum charge rate and below the
minimum secondary chamber temperature (each measured on a 3-hour rolling average)
simultaneously shall constitute a violation of the CO emission limit.
(3) Operation of the affected facility above the maximum charge rate, below the
minimum secondary chamber temperature, and below the minimum scrubber liquor flow rate
(each measured on a 3-hour rolling average) simultaneously shall constitute a violation of the
dioxin/furan emission limit.
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TABLE 3. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND
RECORDING FREQUENCIES
Operating parameters to be monitored
Minimum frequency
Data
measurement
Data
recording
Control system
Dry scrubber
followed by
fabric filter
Wet
scrubber
Maximum operating parameters
Maximum charge rate
Maximum fabric filter inlet temperature
Maximum flue gas temperature
continuous
continuous
continuous
1 x hour
1 x minute
1 x minute
Minimum operating parameters
Minimum secondary chamber temperature
Minimum dioxin/furan sorbent flow rate
Minimum HCI sorbent flow rate
Minimum mercury (Hg) sorbent flow rate
Minimum pressure drop across the wet
scrubber or minimum horsepower or
amperage to wet scrubber
Minimum scrubber liquor flow rate
Minimum scrubber liquor pH
continuous
hourly
hourly
hourly
continuous
continuous
continuous
1 x minute
1 xhour
1 xhour
] x hour
1 x minute
1 x minute
1 x minute
J
J
y
V
J
J
y
^
y
y
V
>/
Dry scrubber
followed by
fabric filter
and wet
scrubber
V
S
J
J
J
y/
S
J
V
V
K)
-------
(4) Operation of the affected facility above the maximum charge rate and below the
minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall
constitute a violation of the HC1 emission limit.
(5) Operation of the affected facility above the maximum flue gas temperature and abovi
the nmniimiffi charge rate (each measured on a 3-hour rolling average) simultaneously shall
constitute a violation of the Hg emission limit.
(6) Use of the bypass stack (except during startup, shutdown, or malfunction) shall
constitute a violation of the PM, dioxin/furan, HC1, Pb, Cd and Hg emission limits.
(g) Except as provided in paragraph (h) of this section, for affected facilities equipped
with a dry scrubber followed by a fabric filter and a wet scrubber
(1) Operation of the affected facility above the mMimum charge rate and below the
minimum secondary chamber temperature (each measured on a 3-hour rolling average)
simultaneously shall constitute a violation of the CO emission limit.
(2) Operation of the affected facility above the maximum fabric filter inlet temperature,
above the maximum charge rate, and below the minimum dioxin/furan sorbent flow rate (each
measured on a 3-hour rolling average) simultaneously shall constitute a violation of the
dioxin/furan emission limit.
(3) Operation of the affected facility above the maximum charge rate and below the
minimum scrubber liquor pH (each measured on a 3-hour rolling average) simultaneously shall
constitute a violation of the HC1 emission limit.
(4) Operation of the affected facility above the maximum charge rate and below the
minimum Hg sorbent flow rate (each measured on a 3-hour rolling average) simultaneously sha
constitute a violation of the Hg emission limit.
(5) Use of the bypass stack (except during startup, shutdown, or malfunction) shall
constitute a violation of the PM, dioxin/furan, HC1, Pb, Cd and Hg emission limits.
(h) The owner or operator of an affected facility may conduct a repeat performance test
within 30 days of violation of applicable operating parameter(s) to demonstrate that the affectec
facility is not in violation of the applicable emission limit(s). Repeat performance tests
conducted pursuant to this paragraph shall be conducted using the identical operating parametei
that indicated a violation under paragraph (e). (f), or (g) of this section.
(i) The owner or operator of an affected facility using an air pollution control device
other than a dry scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed
a fabric filter and a wet scrubber to comply with the emission limits under § 60.52c shall petitic
the Administrator for other site-specific operating parameters to be established during the initia
performance test and continuously monitored thereafter. The owner or operator shall not condi
the initial performance test until after the petition has been approved by the Administrator.
(j) The owner or operator of an affected facility may conduct a repeat performance test
any time to establish new values for the operating parameters. The Administrator may request
repeat performance test at any time.
§ 60.57c Monitoring requirements.
(a) The owner or operator of an affected facility shall install, calibrate (to manufacturer
specifications), maintain, and operate devices (or establish methods) for monitoring the
applicable maximum and minimum operating parameters listed in Table 3 such that these devk
(or methods) measure and record values for these operating parameters at the frequencies
indicated in Table 3 at all times except during periods of startup and shutdown.
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(b) The owner or operator of an affected facility shall install, calibrate (to manufacturers'
specifications), maintain, and operate a device or method for measuring the use of the bypass
stack including date, time, and duration.
(c) The owner or operator of an affected facility using something other than a dry
scrubber followed by a fabric filter, a wet scrubber, or a dry scrubber followed by a fabric filter
and a wet scrubber to comply with the emission limits under 5 60.52c shall install, calibrate (to
the manufacturers' specifications), maintain, and operate the equipment necessary to monitor the
site-specific operating parameters developed pursuant to f 60.56c(i).
(d) The owner or operator of an affected facility shall obtain monitoring data at all tines
during HMIWI operation except during periods of monitoring equipment malfunction,
calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of
the operating hours per day and for 90 percent of the operating days per calendar quarter mat the
affected facility is combusting hospital waste and/or medical/infectious waste.
§ 60.58c Reporting and recordkeeping requirements.
(a) The owner or operator of an affected facility shall submit notifications, as provided
by § 60.7. In addition, the owner or operator shall submit the following information:
(1) Prior to commencement of construction,
(i) A statement of intent to construct,
(ii) The anticipated date of commencement of construction, and
(iii) All documentation produced as a result of the siting requirements of § 60.54c.
(2) Prior to initial startup,
(i) The type(s) of waste to be combusted,
(ii) The maximum design waste burning capacity,
(iii) The anticipated maximum charge rate, and
(iv) If applicable, the petition for site-specific operating parameters under § 60.56c(i).
(b) The owner or operator of an affected facility shall maintain the following information
(as applicable) for a period of at least 5 years:
(1) Calendar date of each record;
(2) Records of the following data:
(i) Concentrations of any pollutant listed in § 6X3.52c or measurements of opacity as
determined by the continuous emission monitoring system (if applicable);
(ii) Results of fugitive emissions (by EPA Reference Method 22) tests, if applicable;
(iii) HMIWI charge dates, times, and weights and hourly charge rates:
(iv) Fabric filter inlet temperatures during each minute of operation, as applicable;
(v) Amount and type of dioxin/furan sorbent used during each hour of operation, as
applicable;
(vi) Amount and type of Hg sorbent used during each hour of operation, as applicable;
(vii) Amount and type of HCl sorbent used during each hour of operation, as applicable; .
(viii) Secondary chamber temperatures recorded during each minute of operation;
(ix) Liquor flow rate to the wet scrubber inlet during each minute of operation, as
applicable;
(x) Horsepower or amperage to the wet scrubber during each minute of operation, as
applicable;
(xi) Pressure drop across the wet scrubber system during each minute of operation, as
applicable,
M-24
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(xii) Temperature at the outlet from the wet scrubber during each minute of operation, as
applicable;
(xiii) pH at the inlet to the wet scrubber during each minute of operation, as applicable,
(xiv) Records indicating use of the bypass stack, including dates, times, and durations,
and
(xv) For affected facilities complying with § 60.56c(i) and § 60.57c(c), the owner or
operator shall maintain all operating parameter data collected.
(3) Identification of calendar days for which data on emission rates or operating
parameters specified under paragraph (bX2) of this section have not been obtained, with an
identification of the emission rates or operating parameters not measured, reasons for not
obtaining the data, and a description of corrective actions taken.
(4) Identification of calendar days, times and durations of malfunctions, a description of
the malfunction and the corrective action taken.
(5) Identification of calendar days for which data on emission rates or operating
parameters specified under paragraph (b)(2) of this section exceeded the applicable limits, with;
description of the exceedances, reasons for such exceedances, and a description of corrective
actions taken.
(6) The results of the initial, annual, and any subsequent performance tests conducted to
determine compliance with the emission limits and/or to establish operating parameters, as
applicable.
(7) All documentation produced as a result of the siting requirements of § 60.54c;
(8) Records showing the names of HMIWI operators who have completed review of the
information in § 60.53c(h) as required by § 60.53c(i), including the date of the initial review anc
all subsequent annual reviews;
(9) Records showing the names of the HMIWI operators who have completed the
operator training requirements, including documentation of training and the dates of the training
(10) Records showing the names of the HMIWI operators who have met the criteria for
qualification under § 60.53c and the dates of their qualification; and
(11) Records of calibration of any monitoring devices as required under § 60.57c(a). (b)
and (c).
(c) The owner or operator of an affected facility shall submit the information specified i
paragraphs (c)( 1) through (c)(3) of this section no later than 60 days following the initial
performance test. All reports shal] be signed by the facilities manager.
(1) The initial performance test data as recorded under § 60.56c(b)(l) through (b)(12), a
applicable.
(2) The values for the site-specific operating parameters established pursuant to
§ 60.56c(d) or (i), as applicable.
(3) The waste management plan as specified in § 60.55c.
(d) An annual report shall be submitted 1 year following the submission of the
information in paragraph (c) of this section and subsequent reports shall be submitted no more
than 12 months following the previous report (once the unit is subject to permitting requirement
under Title V of the Clean Air Act, the owner or operator of an affected facility must submit
these reports semiannually). The annual report shall include the information specified in
paragraphs (d)( 1) through (d)(8) of this section. All reports shall be signed by the facilities
manager.
M-25
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(1) The values for the site-specific operating parameters established pursuant to
§ 60.56c(d) or (i), as applicable.
(2) 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 § 60.56c(d) or (i), as applicable.
(3) The highest maximum operating parameter and the lowest minimum operating
parameter, as applicable for each operating parameter recorded pursuant to 5 60.56c(d) or (i) for
the calendar year preceding the year being reported, in order to provide the Administrator with *
summary of the performance of the affected facility over a 2-year period.
(4) Any information recorded under paragraphs (bX3) through (bX5) of this section for
the calendar year being reported.
(5) Any information recorded under paragraphs (bX3) through (bX5) of this section for
the calendar year preceding the year being reported, in order to provide the Administrator with a
summary of the performance of the affected facility over a 2-year period.
(6) If a performance test was conducted during the reporting period, the results of that
test.
(7) If no exceedances or malfunctions were reported under paragraphs (b)(3) through
(b)(5) of this section for the calendar year being reported, a statement that no exceedances
occurred during the reporting period.
(8) Any use of the bypass stack, the duration, reason for malfunction, and corrective
action taken.
(e) The owner or operator of an affected facility shall submit semiannual reports
containing any information recorded under paragraphs (b)(3) through (b)(5) of this section no
later than 60 days following the reporting period. The first semiannual reporting period ends
6 months following the submission of information in paragraph (c) of this section. Subsequent
reports shall be submitted no later than 6 calendar months following the previous report. All
reports shall be signed by the facilities manager.
(f) All records specified under paragraph (b) of this section shall be maintained onsite in
either paper copy or computer-readable format, unless an alternative format is approved by the
Administrator
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Appendix N
Exemption Claim Forms
Nl Exemption Claim Form for Co-fired Combustors
N2 Exemption Claim Form for Incinerators Burning Only
Pathological, Low-level Radioactive, and Chemotherapelltic
Waste
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Appendix Nl
Exemption Claim Form for Co-fired Combustors
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APPENDIX Nl-EXEMPTION CLAIM FORM FOR COFIRED COMBUSTORS
Date*
Address*
Subject: Exemption claim form for cofired combustors.
Dear*:
This exemption claim form applies to incinerators that cofire 10 percent or less hospital
waste and/or medical/infectious waste with other waste types. Facilities that bum only
pathological, low-level radioactive and/or chemotherapeutic waste must complete the appropriate
exemption claim form. In addition to the requirements of submitting an exemption claim,
facilities must maintain records of the amounts and types of wastes combusted on a calendar
quarter basis. If you choose to claim an exemption, please submit this form no later than * .insert
date 1 year after EPA approval of the State Plan>. Return this form to * <*insert head of Stale
Air Pollution Control Agency> with a copy to * oppropriate EPA Regional offico. If you have
any questions please contact x* at y*.
Sincerely.
Attachment 1 (Exemption Claim Form)
Attachment 2 (Definitions)
N-l
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Attachment 1
EXEMPTION CLAIM
(Cofired combustors)
FACILITY INFORMATION
Facility name
Facility address.
Contact person Name:.
Phone:
Fax:
Type of facility
WASTE INFORMATION
Please provide the distribution of types of wastes combusted in the incinerator each quarter (i.e.,
every 3 months):
% Hospital waste and medical/infectious waste (excluding wastes marked with a *
below)
°7c Pathological waste, low-level radioactive waste, and chemotherapeusic waste*
<7c Other waste/fuel1
Does the incinerator accept waste from off-site0 DYes C No
How many pounds of waste/fuel1 do you typically charge per hour0 Ib/hr
How many hours do you charge waste/fuel1 into the incinerator per day0 hr/day
How many pounds of waste/fuel1 is burned on a quarterly basis? Ib/quarter
Please attach an explanation of the methodology that will be used on an ongoing basis to estimate
the percentages of waste types discussed above.
excluding fuels such as propane or natural gas used to maintain combustion chamber temperatures
N-2
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CERTIFICATION
I am authorized to make this submission on behalf of the owners and operators of
. and I hereby certify under penalty of law that I have personally
examined the foregoing and am familiar with the infonnation contained in this documeat and all
attachments, and that based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe the information is true, accurate and complete. I am aware
that there are significant penalties for submitting false information including possible fines and
imprisonment, m addition, it is my understanding mat I am not subject to a title V permit based
solely on the requirements of Subpart Ce (Emission Guidelines).2
2Incinerators located at major sources should have already submitted a title V permit to
the permitting authority.
N-3
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Attachment 2
DEFINITIONS
Listed below are some definitions that you may find to be useful when completing this
exemption claim form. Definitions are listed in alphabetical order.
Chemotherapeutic waste means waste material resulting from the production or use of
antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
Fffrilititff iMMgtr means the individual in charge of purchasing, maintaining, and
operating the HMIWI or the owner's or operator's representative responsible for the management
of the HMIWL Alternative titles may include director of facilities or vice president of support
services.
Hospital means any facility which has an organized medical staff, maintains at least six
inpatient beds, and where the primary function of the institution is to provide diagnostic and
therapeutic patient services and continuous nursing care primarily to human inpatients who are
not related and who stay on average in excess of 24 hours per admission. This definition does
not include facilities maintained for the sole purpose of providing nursing or convalescent care to
human patients who generally are not acutely ill but who require continuing medical supervision.
Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit means any
device that combusts any amount of hospital waste and/or medical/infectious waste.
Hospital waste means discards generated at a hospital, except unused items returned to
the manufacturer. The definition of hospital waste does not include human corpses, remains, and
anatomical parts that are intended for interment or cremation.
Low-level radioactive waste means waste material which contains radioactive nuclides
emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed
applicable federal or State standards for unrestricted release. Low-level radioactive waste is not
high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)).
Medical/infectious waste means any waste generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the production or
testing of biologicals that is listed below:
(1) Cultures and stocks of infectious agents and associated biologicals, including:
cultures from medical and pathological laboratories; cultures and slocks of infectious agents from
research and industrial laboratories; wastes from the production of biologicals; discarded live and
attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Human pathological waste, including tissues, organs, and body parts and body fluids
that are removed during surgery or autopsy, or other medical procedures, and specimens of body
fluids and their containers.
(3) Human blood and blood products including:
(I) Liquid waste human blood;
(ii) Products of blood;
(iii) Items saturated and/or dripping with human blood; or
(iv) Items that were saturated and/or dripping with human blood that are now caked with
dried human blood; including serum, plasma, and other blood components, and their containers,
N-4
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which were used or intended for use in either patient care, testing and laboratory analysis or the
development of Pharmaceuticals. Intravenous bags are also include in this category.
(4) Sharps that have been used in animal or human patient care or treatment or in
medical, research, or industrial laboratories, including hypodermic needles, syringes (with or
without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious agents). Also included are other
types of broken or unbroken glassware that were in contact with infectious agents, such at wed
slides and cover slips.
(5) Animal waste including contaminated animal carcasses, body parts, and bedding of
animals that were known to have been exposed to infectious agents during research (including
research in veterinary hospitals), production of biologicals or testing of Pharmaceuticals.
(6) Isolation wastes inciting biological waste and discarded materials contaminated
with blood, excretions, exudates, or secretions from humans who are isolated to protect others
from certain highly communicable diseases, or isolated animals known to be infected with highly
communicable diseases.
(7) Unused sharps including the following unused, discarded sharps: hypodermic
needles, suture needles, syringes, and scalpel blades.
The definition of medical/infectious waste does not include hazardous waste identified or
listed under the regulations in part 261 of this chapter; household waste, as defined in
§ 261.4(b)( 1) of this chapter; ash from incineration of medical/infectious waste, once the
incineration process has been completed; human corpses, remains, and anatomical parts that are
intended for interment or cremation; and domestic sewage materials identified in § 261.4(a)0) of
this chapter.
Pathological waste means waste material consisting of only human or animal remains,
anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste
material, and animal bedding (if applicable).
N-5
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Appendix N2
Exemption Claim Form for Incinerators Burning Only Pathological, Low-level
Radioactive, and Chemotherapeutic Waste
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APPENDIX N2--EXEMPTION CLAIM FORM FOR INCINERATORS BURNING ONLY
PATHOLOGICAL, LOW-LEVEL RADIOACTIVE, AND CHEMOTHERAPEUTIC WASTE
Date*
Subject: Exemption claim form for facilities combusting only pathological, low-level
radioactive chemotherapeutic waste.
Dear*:
This exemption claim form applies to incinerators that combust only pathological, low-
level radioactive, and/or chemotherapeutic waste or incinerators, which during periods of
operation, only combust pathological, low-level radioactive and/or chemotherapeutic waste,
Facilities that bum other wastes, including but not limit to hospital waste, medical/infectious
waste, or municipal waste, and requesting exemption claim must complete the exemption claim
form for cofired combustors. In addition to the requirements of submitting an exemption claim,
facilities must maintain records of the amounts and types of wastes combusted on a calendar
quarter basis. If you choose to claim an exemption, please submit this form no later than * .insert
date 1 year after EPA approval of the State Plan>. Return this form to * <*insert head of Stale
Air Pollution Control Agency> with a copy to * appropriate EPA Regional office>. If you have
any questions please contact x* at y*.
Sincerely,
Attachment 1 (Exemption Claim Form)
Attachment 2 (Definitions)
N-7
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Attachment 1
EXEMPTION CLAIM
(Incinerators burning pathological waste, low-level radioactive, and cbemotherapeutic waste)
FACILITY INFORMATION
Facility name
Facility address.
Contact person Name:.
Phone:
Fax:
Type of facility
WASTE INFORMATION
For periods when only pathological, low-level and/or chemotherapeutic waste(s) are combusted
provide the distribution of waste types combusted in the incinerator each quarter (i.e., every
3 months):
% Pathological waste
<7c Low-level radioactive waste
% Chemotherapeutic waste
Does the incinerator accept waste from off-site0 CYes D No
Percentage of time when only pathological, low-level, and/or chemotherapeutic waste(s) are
combusted %
During periods when only pathological, low-level radioactive and/or chemotherapeutic waste is
combusted how much do you typically charge per hour? Ib/hi
During periods when only pathological, low-level radioactive and/or chemotherapeutic waste is
combusted how many hours do you charge to the incinerator per day? hr/day
During periods when only pathological, low-level radioactive and/or chemotherapeutic waste is
combusted how many pounds are burned on a quarterly basis? Ib/quarter
Please attach an explanation of the methodology that will be used on an ongoing basis to
determine the time periods when only pathological, low-level radioactive, and/or
chemotherapeutic waste are burned.
N-8
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CERTIFICATION
I am authorized to make this submission on behalf of the owners and operators of
and I hereby certify under penalty of law that I have personally
examined the foregoing and am familiar with the information contained in this document and ait
attachments, and that based on my inquiry of those individuals imrnfdiatffly responsible for
obtaining the information, I believe the information is true, accurate and complete. I am aware
that there are significant p^pF**** for submitting false information including possible fines and
imprisonment In addition, it it my undemanding that I am not subject to a title V permit based
solely on the requirements of Subpart Ce (Fmitiinn Guidelines).2
2Incinerators located at major sources should have already submitted a title V permit to
the permitting authority.
N-9
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Attachment 2
DEFINITIONS
Listed below are some definitions that you may find to be useful when completing this
exemption claim form. Definitions are listed in alphabetical order.
ClrTnfflhffngTVtif "Ifl* means waste material resulting from the production or use of
antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
Facilities manager means the individual in charge of purchasing, maintaining, and
operating the HMIWI or the owner's or operator's representative responsible for the management
of the HMIWI. Alternative titles may include director of facilities or vice president of support
services.
Hospital means any facility which has an organized medical staff, maintains at least six
inpatient beds, and where the primary function of the institution is to provide diagnostic and
therapeutic patient services and continuous nursing care primarily to human inpatients who are
not related and who stay on average in excess of 24 hours per admission. This definition does
not include facilities maintained for the sole purpose of providing nursing or convalescent care to
human patients who generally are not acutely ill but who require continuing medical supervision.
Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit means any
device that combusts any amount of hospital waste and/or medical/infectious waste.
Hospital waste means discards generated at a hospital, except unused items returned to
the manufacturer. The definition of hospital waste does not include human corpses, remains, and
anatomical parts that are intended for interment or cremation.
Low-level radioactive waste means waste material which contains radioactive nuclides
enutting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed
applicable federal or State standards for unrestricted release. Low-level radioactive waste is not
high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)(2)(.
Medical/infectious waste means any waste generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the production or
testing of biologicals that is listed below
(1) Cultures and stocks of infectious agents and associated biologicals. including:
cultures from medical and pathological laboratories; cultures and stocks of infectious agents frorr
research and industrial laboratories; wastes from the production of biologicals; discarded live and
attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.
(2) Human pathological waste, including tissues, organs, and body parts and body fluids
that are removed during surgery or autopsy, or other medical procedures, and specimens of body
fluids and their containers.
(3) Human blood and blood products including:
(I) Liquid waste human blood;
(ii) Products of blood;
(iii) Items saturated and/or dripping with human blood; or
(iv) Items that were saturated and/or dripping with human blood that are now caked with
dried human blood; including serum, plasma, and other blood components, and their containers,
N-10
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which were used or intended for use in either patient care, testing and laboratory analysis or the
development of Pharmaceuticals. Intravenous bags are also include in this category.
(4) Sharps that have been used in animal or human patient care or treatment or in
medical, research, or industrial laboratories, including hypodermic needles, syringes (with or
without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached
tubing, and culture dishes (regardless of presence of infectious agents). Also included are other
types of broken or unbroken glassware that were in contact with infectious agents, such as used
slides and cover slips.
(5) Animal waste including contaminated animal carcasses, body parts, and bedding of
animals that were known to have been exposed to infectious agents during research (including
research in veterinary hospitals), production of biologicals or testing of Pharmaceuticals.
(6) Isolation wastes including biological waste and discarded materials contaminated
with blood, excretions, exudates, or secretions from humans who are isolated to protect others
from certain highly communicable diseases, or isolated animals known to be infected with highly
communicable diseases.
(7) Unused sharps including the following unused, discarded sharps: hypodermic
needles, suture needles, syringes, and scalpel blades.
The definition of medical/infectious waste does not include hazardous waste identified or
listed under the regulations in part 261 of this chapter, household waste, as defined in
§ 261.4(b)(l) of this chapter; ash from incineration of medical/infectious waste, once the
incineration process has been completed; human corpses, remains, and anatomical parts that are
intended for interment or cremation; and domestic sewage materials identified in § 261.4
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