Environmental Quality, Air Quality

Rule R307-222

Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste

Notice of Proposed Rule

(Amendment)

DAR File No.: 35530
Filed: 12/14/2011 08:38:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 09/15/2009, the Environmental Protection Agency issued final revisions to the September 1997 new source performance standards (NSPS) and emission guidelines to control emissions from existing hospital, medical, and infectious waste incinerators (HMIWI). EPA also recalculated the Maximum Achievable Control Technology (MACT) floors for existing and new HMIWI and developed new emission limits. This proposed rule incorporates the new emission guidelines as established in 40 CFR Part 60, Subpart Ce.

Summary of the rule or change:

Language was added to define to whom the rule applies, i.e., each incinerator for hospital, medical, or infectious waste or any combination of them for which construction commenced on or before 06/20/1996; for which modification was commenced on or before 03/16/1998; for which construction was commenced after 06/20/1996 but no later than 12/01/2008; or for which modification was commenced after 03/16/1998 but no later than 04/06/2010. In Utah, this new federal rule only applies to one source. EPA also changed emission limits to large, medium and small incinerators found in Table 2A and Table 2B in 40 CFR Part 60, Subpart Ce. References to these tables are added in the rule. The source to whom this rule applies is already subject to the federal requirement. Adopting the federal requirement into the state rule gives Utah primacy for this program.

State statutory or constitutional authorization for this rule:

• Section 19-2-104

This rule or change incorporates by reference the following material:

• Updates 40 CFR 60, published by National Archives and Records Administration's Office of the Federal Register, July 1, 2011

Anticipated cost or savings to:

the state budget:

As there is only one source in Utah subject to this rule, there are no anticipated savings or costs to the state budget.

local governments:

The sources that fall under this rule are state permitted, and the rule does not affect local government; therefore, there is no anticipated cost or savings to local governments.

small businesses:

The one source in Utah subject to this rule is not a small business; therefore, there are no anticipated costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule regulates emissions from existing incinerators for hospital, medical, or infectious waste or any combination of them. Therefore, there are no anticipated costs or savings to persons other than small business, businesses, or local government entities.

Compliance costs for affected persons:

This rule will increase the stack testing requirements for existing sources. Sources will now be required to conduct annual stack tests for nine pollutants. The exact cost to conduct these stack tests is unknown. Sources may also need to install new control equipment, which, depending on the equipment needed to meet the new standards, could range in price from between $50,000 to $1,000,000.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will increase the stack testing requirements for existing sources. Sources will now be required to conduct annual stack tests for nine pollutants. The exact cost to conduct these stack tests is unknown. Sources may also need to install new control equipment, which, depending on the equipment needed to meet the new standards, could range in price from between $50,000 to $1,000,000.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-222. Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste.

R307-222-1. Purpose and Applicability.

(1) R307-222 regulates emissions from existing incinerators for hospital, medical, or infectious waste or any combination of them. The purpose of R307-222 is to reduce the emissions of particulate matter, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans from incinerators burning hospital, medical or infectious waste. Reductions are required by 42 U.S.C. 7411(d) and 7429 and 40 CFR Part 60, [s]Subpart Ce, published at 62 FR 48348, September 15, 1997, 40 CFR Part 60, Subpart Ce as amended on October 6, 2009, and by the Plan for Incinerators for Hospital, Medical, and Infectious Waste which is incorporated by reference at R307-220-3.

(2) Except as set forth in R307-222(2)(a) through R307-222(2)(g) R307-222 applies to each incinerator for hospital, medical, or infectious waste or any combination of them[ for which construction was commenced on or before June 20, 1996, except as set forth below]for which construction commenced on or before June 20, 1996; for which modification was commenced on or before March 16, 1998; for which construction was commenced after June 20, 1996 but no later than December 1, 2008; or for which modification is commenced after March 16, 1998 but no later than April 6, 2010.

(a) A combustor is not subject to R307-222 during periods when only pathological waste, low-level radioactive waste, chemotherapeutic waste or any combination of them as defined in 40 CFR 60.51c is burned, provided the owner or operator of the combustor:

(i) Notifies the executive secretary of an exemption claim; and

(ii) Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, chemotherapeutic waste or any combination of them is burned.

(b) Any co-fired combustor as defined in 40 CFR 60.51c is not subject to this subpart if the owner or operator of the co-fired combustor:

(i) Notifies the executive secretary of an exemption claim;

(ii) Provides an estimate of the relative weight of wastes to be combusted, including hospital, medical or infectious waste or any combination of them, and other fuels and wastes; and

(iii) Keeps records on a calendar quarter basis of the weight of hospital, medical, or infectious waste or any combination of them which was combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

(c) Any combustor required to have a permit under R315-306 is not subject to R307-222.

(d) Any combustor which meets the applicability requirements under [s]Subpart Cb, Ea, or Eb of 40 CFR Part 60 is not subject to R307-222.

(e) Any pyrolysis unit as defined in 40 CFR 60.51c is not subject to R307-222.

(f) Any cement kiln firing hospital, medical, or infectious waste or any combination of them is not subject to R307-223.

(g) Physical or operational changes made to an existing hospital, medical or infectious waste incinerator unit solely for the purpose of complying with emission guidelines under R307-22 2[3] are not considered a modification and do not result in an existing hospital, medical or infectious or any combination waste incinerator unit becoming subject to the provisions of R307-210.

(3) Beginning September 15, 2000, [A]any facility subject to R307-222 [also is]is also required to obtain an operating permit under R307-415[no later than September 15, 2000].

 

R307-222-2. Definitions and References.

(1) The following definitions apply only to R307-222. Definitions found in 40 CFR 60.31e, effective as of the date referenced in R307-101-3, and 40 CFR 60.51c, effective as of the date referenced in R307-101-3, are adopted and incorporated by reference, with the following substitutions.

(a) Substitute "executive secretary" for all federal regulation references to "Administrator."

(b) Substitute "State of Utah" for all federal regulation references to "State agency" or "State regulatory agency."

(c) Substitute "Rule R307-222" for all references to "this subpart."

(d) Substitute "40 CFR Part 60" for all references to "this part."

(e) Substitute "40 CFR" for all references to "This title."

 

R307-222-3. All Incinerators.

Each incinerator subject to R307-222 must comply with the requirements of 40 CFR 60.52c(b) for emission limits, 40 CFR 60.53c for operator training and qualification, 40 CFR 60.54c for siting requirements, 40 CFR 60.55c for a waste management plan, 40 CFR 56c for compliance and performance testing, 40 CFR 60.57c for monitoring requirements, and 40 CFR 60.58c(b) excluding (b)(2)(ii) and (b)(7) for recordkeeping, and 40 CFR 60.58c(c) through (f) for reporting. These provisions, effective as of the date referenced in R307-101-3, are adopted and incorporated by reference.

 

R307-222-4. Large, Medium and [Urban ]Small Incinerators.

Except as provided in Section R307-222-5, each incinerator must comply with the emissions limitations of Table 1 A and Table 1B in 40 CFR Part 60, Subpart Ce ;[,] 40 CFR 60.57c ;[,] and 40 CFR 60.56c , excluding 56c(b)(12) and 56c(c)(3), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

 

R307-222-5. Small Rural Incinerators.

(1) A small rural incinerator is a small incinerator as defined in Section R307-222-2 that:

(a) is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area listed in OMB bulletin No. 93-17 entitled "Revised Statistical definitions for Metropolitan Areas," June 30, 1993; and

(b) burns less than 2000 pounds per week of hospital, medical or infectious waste or any combination of them. The 2000 pounds per week limitation does not apply during performance tests.

(2) Each small rural incinerator must comply with the emission limits of Table 2 A and Table 2B in 40 CFR Part 60, Subpart Ce, effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(3) Each small rural incinerator must comply with the inspection requirements of 40 CFR 60.36e(a)(1) and (a)(2), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference. An inspection meeting these requirements must be conducted within one year after federal approval of the Plan incorporated by reference in R307-220-3, and annually no more than 12 months following the previous annual inspection.

(4) Each small rural incinerator must comply with the compliance and performance testing requirements of 40 CFR 60.37e(b)(1) through (b)(5), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(5) Each small rural incinerator must comply with the monitoring requirements of 40 CFR 60.37e(d)(1) through (d)(3), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(6) Each small rural incinerator must comply with the recordkeeping and reporting requirements of 40 CFR 60.38e(b)(1) and (b)(2), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

 

KEY: air pollution, hospitals, medical incinerators , infectious waste

Date of Enactment or Last Substantive Amendment: [February 8, 2008]2012

Notice of Continuation: February 8, 2008

Authorizing, and Implemented or Interpreted Law: 19-2-104