Environmental Quality, Air Quality

Section R307-220-3

Section II, Hospital, Medical, Infectious Waste Incinerators

Notice of Proposed Rule

(Amendment)

DAR File No.: 35531
Filed: 12/14/2011 09:16:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 09/15/2009, the EPA issued final revisions to the September 1997 new source performance standards (NSPS) and emission guidelines to control emissions from existing hospital, medial, 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. Utah's Designated Facilities Plan for HMIWI has been amended to incorporate the changes to the federal rule. This proposed change incorporates Section II of Utah's Designated Facilities Plan into the state rules.

Summary of the rule or change:

Section II of Utah's Designated Facilities Plan is being amended to incorporate amendments to 40 CFR Part 60, Subpart Ce. Currently, Section R307-220-3 incorporates the 11/12/1998 version of Section II of the Designated Facilities Plan. The proposed amendment to this rule incorporates the Designated Facilities Plan that will be effective as of 03/07/2012.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(3)(q)

This rule or change incorporates by reference the following material:

• Updates Utah Plan for Designated Facilities: Section II, Hospital, Medical, Infectious Waste Incinerator, published by Utah Division of Air Quality, March 7, 2012

Anticipated cost or savings to:

the state budget:

Because there is only one source in Utah subject to Section II of the Designated Facilities Plan being incorporated into this rule, there are no anticipated savings or costs to the state budget.

local governments:

The single source in Utah that is subject to this rule is state permitted, and the rule does not affect local government; therefore, there is no anticipated costs or savings to local governments.

small businesses:

The one source in Utah subject to Section II of the Designated Facilities Plan, which is being incorporated into 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:

There is only one source in Utah subject to Section II of the Designated Facilities Plan, which is incorporated into this rule. Therefore, there are no anticipated costs or savings to persons other than small business, businesses, or local government entities.

Compliance costs for affected persons:

Rule R307-222, required by 40 CFR Part 60, Subpart Ce and Section II of the Designated Facilities Plan, regulates emissions from existing incinerators for hospital, medial, or infectious waste or any combination of them. Rule R307-222 will increase the stack testing requirements for the one existing source in Utah. The source will now be required to conduct annual stack tests for nine pollutants. The exact cost to conduct these stack tests is unknown. The source 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:

Rule R307-222, required by 40 CFR Part 60, Subpart Ce and Section II of the Designated Facilities Plan, regulates emissions from existing incinerators for hospital, medial, or infectious waste or any combination of them. Rule R307-222 will increase the stack testing requirements for the one existing source in Utah. The source will now be required to conduct annual stack tests for nine pollutants. The exact cost to conduct these stack tests is unknown. The source 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 mberger@utah.gov

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:

02/10/2012

Interested persons may attend a public hearing regarding this rule:

• 02/07/2012 01:30 PM, Multi Agency State Office Building, 195 N 1950 W, Salt Lake City, UT

This rule may become effective on:

03/07/2012

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-220. Emission Standards: Plan for Designated Facilities.

R307-220-3. Section II, Hospital, Medical, Infectious Waste Incinerators.

Section II, Hospital, Medical, Infectious Waste Incinerators, as most recently adopted by the Air Quality Board on [November 12, 1998]March 7, 2012, pursuant to Section 19-2-104, is hereby incorporated by reference and made a part of these rules.

 

KEY: air pollution, landfills, incinerators, electric generating units

Date of Enactment or Last Substantive Amendment: [May 9, 2007]March 7, 2012

Notice of Continuation: February 8, 2008

Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(q)