[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Hospital/Medical/Infectious Waste Incinerators; Final Rule
>[Federal Register: September 15, 1997 (Volume 62, Number 178)]
>[Rules and Regulations]
>[Page 48347-48391]
>>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
>[DOCID:fr15se97-10]
>
>[[Page 48347]]
>
>_______________________________________________________________________
>
>Part II
>
>Environmental Protection Agency
>
>_______________________________________________________________________
>
>40 CFR Part 60
>
>Standards of Performance for New Stationary Sources and Emission
>Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
>Incinerators; Final Rule
>
>[[Page 48348]]
>
>ENVIRONMENTAL PROTECTION AGENCY
>
>40 CFR Part 60
>
>[AD-FRL-5878-8]
>RIN 2060-AC62
>
>
>Standards of Performance for New Stationary Sources and Emission
>Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
>Incinerators
>
>AGENCY: Environmental Protection Agency (EPA).
>
>ACTION: Final rule.
>
>-----------------------------------------------------------------------
>
>SUMMARY: This action promulgates new source performance standards (NSPS
>or standards) and emission guidelines (EG or guidelines) to reduce air
>emissions from hospital/medical/infectious waste incinerator(s) (HMIWI)
>by adding subpart Ec, standards of performance for new HMIWI, and
>subpart Ce, emission guidelines for existing HMIWI, to 40 CFR part 60.
>The standards and guidelines implement sections 111 and 129 of the
>Clean Air Act (CAA) as amended in 1990. The standards and guidelines
>apply to units whose primary purpose is the combustion of hospital
>waste and/or medical/infectious waste. Sources are required to achieve
>emission levels reflecting the maximum degree of reduction in emissions
>of air pollutants that the Administrator has determined is achievable,
>taking into consideration the cost of achieving such emission
>reduction, any nonair-quality health and environmental impacts, and
>energy requirements. The promulgated standards and guidelines establish
>emission limits for particulate matter (PM), opacity, sulfur dioxide
>(SO<INF>2</INF>), hydrogen chloride (HCl), oxides of nitrogen
>(NO<INF>X</INF>), carbon monoxide (CO), lead (Pb), cadmium (Cd),
>mercury (Hg), dioxins and dibenzofurans (dioxins/furans), and fugitive
>ash emissions. Some of the pollutants being regulated are considered to
>be carcinogens and at sufficient concentrations can cause toxic effects
>following exposure. The standards and guidelines also establish
>requirements for HMIWI operator training/qualification, waste
>management plans, and testing/monitoring of pollutants and operating
>parameters. Additionally, the guidelines for existing HMIWI contain
>equipment inspection requirements and the standards for new HMIWI
>include siting requirements.
>
>DATES: Effective Dates. The standards for new sources (Sec. 60.17 and
>Secs. 60.50c through 60.58c) are effective as of March 16, 1998 and the
>emission guidelines for existing sources (Sec. 60.30 and Secs. 60.30e
>through 60.39e) are effective as of November 14, 1997. The
>incorporation by reference of certain publications listed in the
>regulations is approved by the Director of the Federal Register as of
>March 16, 1998. See SUPPLEMENTARY INFORMATION for a discussion of the
>schedule for judicial review.
> Comments. Comments on the Information Collection Request (ICR)
>document associated with the final standards for new sources are
>requested, as discussed in section VI.B of this preamble. Comments on
>the ICR document must be received on or before November 14, 1997. Refer
>to Section VI.B for further information on this request for comment.
>
>ADDRESSES: Comments. As noted above, comments on the ICR document
>associated with the final standards for new sources are requested. See
>section VI.B and the SUPPLEMENTARY INFORMATION section of this preamble
>for further information on obtaining a copy of the ICR document and
>addresses for submitting comments on the ICR document.
> Background Information. The principal background information for
>the final standards and guidelines includes a background information
>document entitled ``Hospital/Medical/ Infectious Waste Incinerators:
>Background Information for Promulgated Standards and Guidelines--
>Summary of Public Comments and Responses'' (EPA-453/R-97-006b), which
>contains a summary of all the public comments submitted regarding the
>changes to the standards and guidelines that were discussed in the June
>20, 1996 Federal Register document (61 FR 31736) and the EPA's response
>to these comments. Background information documents which present the
>economic and regulatory impacts of the standards and guidelines
>entitled: (1) ``Hospital/Medical/Infectious Waste Incinerators:
>Background Information for Promulgated Standards and Guidelines--
>Analysis of Economic Impacts for Existing Sources'' (EPA-453/R-97-
>007b); (2) ``Hospital/Medical/Infectious Waste Incinerators: Background
>Information for Promulgated Standards and Guidelines--Analysis of
>Economic Impacts for New Sources'' (EPA-453/R-97-008b); and (3)
>``Hospital/Medical/Infectious Waste Incinerators: Background
>Information for Promulgated Standards and Guidelines--Regulatory Impact
>Analysis for New and Existing Facilities'' (EPA-453/R-97-009b) are
>available. Also a document entitled ``Fact Sheet: New Hospital/Medical/
>Infectious Waste Incinerators--Promulgated Subpart Ec Standards,''
>which succinctly summarizes the final standards, and a document
>entitled ``Fact Sheet: Existing Hospital/Medical/Infectious Waste
>Incinerators--Promulgated Subpart Ce Emission Guidelines,'' which
>succinctly summarizes the guidelines, are available. See SUPPLEMENTARY
>INFORMATION for instructions and addresses for obtaining these
>documents.
> Docket. Docket No. A-91-61, which contains supporting information
>used in developing the standards and guidelines, is available for
>public inspection and copying between 8:00 a.m. and 4:00 p.m., Monday
>through Friday except for Federal holidays at the following address:
>U.S. Environmental Protection Agency, Air and Radiation Docket and
>Information Center (Mail Code 6102), 401 M Street SW, Washington DC
>20460 (phone: (202) 260-7548). The docket is located at the above
>address in room M-1500, Waterside Mall (ground floor, central mall). A
>reasonable fee may be charged for copying.
>
>FOR FURTHER INFORMATION CONTACT: Mr. Rick Copland at (919) 541-5265,
>Combustion Group, Emission Standards Division (MD-13), U. S.
>Environmental Protection Agency, Research Triangle Park, North Carolina
>27711 (copland.rick@epamail.epa.gov) or any of the EPA Regional Office
>contacts listed in Table 1 below.
>
> Table 1.--Contacts in EPA Regional Offices
>------------------------------------------------------------------------
> Region Contact Phone No.
>------------------------------------------------------------------------
>I (Boston).................... Susan Lancey......... (617) 565-3587
>II (New York)................. Christine DeRosa..... (212) 637-4022
>III (Philadelphia)............ James Topsale........ (215) 566-2190
>IV (Atlanta).................. Scott Davis.......... (404) 562-9127
>V (Chicago)................... Douglas Aburano (MI). (312) 353-6960
>
>[[Page 48349]]
>
>
> Ryan Bahr (IN)....... (312) 353-4366
> Scott Hamilton (OH).. (312) 353-4775
> Charles Hatten (WI).. (312) 886-6031
> Mark Palermo (IL).... (312) 886-6082
> Rick Tonielli (MN)... (312) 886-6068
>VI (Dallas)................... Mick Cote............ (214) 665-7219
>VII (Kansas City)............. Wayne Kaiser......... (913) 551-7603
>VIII (Denver)................. Meredith Bond........ (303) 312-6438
>IX (San Francisco)............ Patricia Bowlin...... (415) 744-1188
>X (Seattle)................... Catherine Woo........ (206) 553-1814
>------------------------------------------------------------------------
>
>SUPPLEMENTARY INFORMATION:
>
>Regulated Entities
>
> Entities potentially regulated by the standards and guidelines are
>those which operate hospital/medical/infectious waste incinerators.
>Regulated categories and entities include those listed in Table 2.
>
> Table 2.--Regulated Entities<SUP>a
>------------------------------------------------------------------------
> Examples of
> Category regulated entities
>------------------------------------------------------------------------
>Industry.......................................... Hospitals, nursing
> homes, research
> laboratories, other
> health care
> facilities,
> commercial waste
> disposal companies.
>Federal Government................................ Armed services,
> public health
> service, Federal
> hospitals, other
> Federal health care
> facilities.
>State/local/Tribal Government..................... State/county/city
> hospitals and other
> health care
> facilities.
>------------------------------------------------------------------------
><SUP>a This table is not intended to be exhaustive, but rather provides a
> guide for readers regarding entities likely to be regulated by the
> standards or guidelines for HMIWI. This table lists the types of
> entities that EPA is now aware could potentially be regulated. Other
> types of entities not listed in the table could also be regulated. To
> determine whether your facility is regulated by the standards or
> guidelines for hospital/medical/ infectious waste incinerators, you
> should carefully examine the applicability criteria in sections 60.50c
> and 60.51c of the promulgated standards, section 60.32e of the
> promulgated guidelines, and in section III.A of today's notice. If you
> have questions regarding the applicability of the HMIWI standards and
> guidelines to a particular entity, consult a person listed in the
> preceding FOR FURTHER INFORMATION CONTACT section.
>
>Documents Available Electronically
>
> This Federal Register document discusses: (1) The standards for new
>HMIWI, (2) the guidelines for existing HMIWI, and (3) a request for
>public comment on the ICR document. This preamble and regulatory text
>are available electronically via the Internet. Also available
>electronically are FACT SHEETS, which summarize the final standards and
>guidelines. They are suggested reading for persons requiring an
>overview of the standards and guidelines. Hard copies of the FACT
>SHEETS can also be obtained by calling Donna Collins at (919) 541-5578.
>The following five items are available electronically in file
>``MWIFINAL.ZIP'':
> 1. ``Fact Sheet: New Hospital/Medical/Infectious Waste
>Incinerators--Promulgated Subpart Ec Standards.''
> 2. ``Fact Sheet: Existing Hospital/Medical/Infectious Waste
>Incinerators--Promulgated Subpart Ce Emission Guidelines.''
> 3. Federal Register document for this promulgation: ``Standards of
>Performance for New Stationary Sources and Emission Guidelines for
>Existing Sources: Hospital/Medical/Infectious Waste Incinerators''
>(this document).
> 4. ``Hospital/Medical/Infectious Waste Incinerators: Background
>Information for Promulgated Standards and Guidelines--Summary of Public
>Comments and Responses'' (EPA-453/R-97-006b).
> 5. Information Collection Request document for these standards for
>new sources: ``Supporting Statement for ICR No. 1730.02--1997 Standards
>for New Hospital/Medical/Infectious Waste Incinerators (Subpart Ec).''
> The documents are available via the Internet at ``http://
>www.epa.gov/ttn/oarpg/rules.html''. The documents are also available
>via the Internet through the Unified Air Toxics Website at ``http://
>www.epa.gov/oar/oaqps/airtox/''.
>
>Judicial Review
>
> Under section 307(b)(1) of the Clean Air Act, judicial review of
>the actions taken by this notice is available by filing a petition for
>review in the U.S. Court of Appeals for the District of Columbia
>Circuit within 60 days of today's publication of this rule. Under
>section 307(b)(2) of the Clean Air Act, the requirements that are in
>today's notice may not be challenged later in the civil or criminal
>proceedings brought by the EPA to enforce these requirements.
>
>Preamble Outline
>
> The following outline is provided to aid in locating information in
>the introductory text (preamble) to the final standards and guidelines.
>
>I. Acronyms, Abbreviations, and Measurement Units
> A. Acronyms
> B. Abbreviations and Measurement Units
>II. Introduction
> A. Purpose of the Standards and Guidelines
> B. Implementation of the Emission Guidelines
> 1. Implementation Activities
> 2. Public Involvement
> C. Technical Basis of the Standards and Guidelines
> D. February 1995 Proposal
> E. June 1996 Re-proposal
> F. Stakeholders and Public Involvement
>III. Considerations in Developing the Final Standards and Guidelines
> A. Applicability
> 1. Definition of Medical Waste
> 2. Co-fired Combustors
> 3. Waste Types
> 4. Cement Kilns
> B. Pyrolysis Units
> C. Waste Management Plans
> D. Testing, Monitoring, and Inspection
> E. Operator Training and Qualification
>IV. Standards of Performance for New Sources
> A. Summary of the Standards
> B. Significant Issues and Changes
>
>[[Page 48350]]
>
> 1. Combined Dry/Wet Scrubbers
> 2. Siting Analysis
> C. Selection of MACT
> D. Impacts of the Standards
>V. Emission Guidelines for Existing Sources
> A. Summary of the Guidelines
> B. Significant Issues and Changes
> C. Selection of MACT
> D. Impacts of the Guidelines
>VI. Administrative Requirements
> A. Docket
> B. Paperwork Reduction Act
> C. Executive Order 12866
> D. Unfunded Mandates Reform Act
> E. Executive Order 12875
> F. Regulatory Flexibility Act (RFA) and Small Business
>Regulatory Enforcement Fairness Act of 1996 (SBREFA)
> G. Submission to Congress and the General Accounting Office
> H. Clean Air Act Procedural Requirements
>
>I. Acronyms, Abbreviations, and Measurement Units
>
> The following acronyms, abbreviations, and measurement units are
>provided to clarify the preamble to the final standards and guidelines.
>
>A. Acronyms
>
>APCD air pollution control device
>APTI Air Pollution Training Institute
>CAA Clean Air Act
>CAAA Clean Air Act Amendments of 1990
>CEMS continuous emissions monitoring system(s)
>CFBC circulating fluidized bed combustor
>CFR Code of Federal Regulations
>DI dry injection
>EPA U.S. Environmental Protection Agency
>EG emission guidelines
>FF fabric filter
>FR Federal Register
>HAP hazardous air pollutant(s)
>HMIWI hospital/medical/infectious waste incinerator(s)
>ICCR Industrial Combustion Coordinated Rulemaking
>ICR information collection request
>MACT maximum achievable control technology
>MSW municipal solid waste
>MWC municipal waste combustor(s)
>MWI medical waste incinerator(s)
>MWP medical waste pyrolysis
>MWTA Medical Waste Tracking Act
>NAPH National Association of Public Hospitals
>NSPS new source performance standards
>NSR new source review
>NYSDOH New York State Department of Health
>OAQPS Office of Air Quality Planning and Standards
>OMB Office of Management and Budget
>ORD Office of Research and Development
>PSD prevention of significant deterioration
>RCRA Resource Conservation and Recovery Act
>RFA Regulatory Flexibility Act
>RMW regulated medical waste
>SBA Small Business Administration
>SBREFA Small Business Regulatory Enforcement Fairness Act
>SMSA standard metropolitan statistical area
>SWDA Solid Waste Disposal Act
>
>B. Abbreviations and Measurement Units
>
>bps=bits per second
>Btu=British thermal units
>Btu/yr=British thermal units per year
>Cd=cadmium
>CDD/CDF=dioxins/furans
>CO=carbon monoxide
>dioxins=polychlorinated dibenzo-p-dioxins
>dscf=dry standard cubic feet (at 14.7 pounds per square inch, 68 deg.F)
>dscm=dry standard cubic meters (at 14.7 pounds per square inch,
>68 deg.F)
> deg.F=degrees Fahrenheit
>ft<SUP>3</SUP>=cubic feet
>furans=polychlorinated dibenzofurans
>g=gram (454 grams per pound)
>g/yr=grams per year
>gr=grains (7,000 grains per pound)
>HCl=hydrogen chloride
>Hg=mercury
>m<SUP>3</SUP>=cubic meter (35.3 cubic feet per cubic meter)
>mg=milligrams (10<SUP>-3</SUP> grams)
>Mg=megagram (1.1 tons per megagram)
>Mg/yr=megagrams per year
>MMm<SUP>3</SUP>=million cubic meters
>MW=megawatt
>MW-hr/yr=megawatt-hours per year
>ng=nanogram (10<SUP>-9</SUP> grams)
>NO<INF>X</INF>=nitrogen oxides
>Pb=lead
>PM=particulate matter
>ppmv=parts per million by volume
>SO<INF>2</INF>=sulfur dioxide
>TEQ basis=2,3,7,8-tetrachlorinated dibenzo-p-dioxin toxic equivalent
>based on the 1989 international toxic equivalency factors
>tons/d=tons per day
>total mass basis=total mass of tetra-through octa-chlorinated dibenzo-
>p-dioxins and dibenzofurans
>
>II. Introduction
>
>A. Purpose of the Standards and Guidelines
>
> The 1990 Clean Air Act Amendments (CAAA) reflect growing public
>concern about the large volume of toxic air pollutants released from
>numerous categories of emission sources. Title III of the CAAA
>specifically enumerated 189 hazardous air pollutants (HAP) and
>instructed EPA to protect public health by reducing emissions of these
>pollutants from the sources that release them. The EPA's standards are
>to be issued in two phases. The first phase standards are designed to
>bring all sources up to the level of emissions control achieved by
>those that are already well-controlled. The second phase standards, due
>a few years later, are to require further emission reductions in any
>case in which the first phase measures were not by themselves
>sufficient to fully protect the public health.
> In this context, the CAAA singled out waste incineration for
>special attention. Congress recognized both a high level of public
>concern about the incineration of municipal, medical, and other solid
>wastes and a number of special management concerns for these types of
>sources. Consequently, section 129 of the CAA directs EPA to apply the
>two-phase control approach to various categories of solid waste
>incinerators, including hospital/ medical/infectious waste
>incinerator(s) (HMIWI). Today's action promulgates standards and
>guidelines for new and existing HMIWI under section 129. Current
>methods of medical waste incineration cause the release of a wide array
>of air pollutants, including several pollutants of particular public
>health concern.
> The EPA estimates that there are approximately 2,400 HMIWI
>operating in the United States, which combust approximately 767
>thousand Mg (846 thousand tons) of hospital waste and medical/
>infectious waste annually. Emissions from HMIWI contain organics
>(dioxins/furans), particulates (PM), metals (Cd, Pb, and Hg), acid
>gases (HCl and SO<INF>2</INF>), and NO<INF>X</INF>. These pollutants
>can have adverse effects on both public health and welfare. Pollutants
>of principal concern to public health include dioxins/furans, PM, Pb,
>Cd, and Hg. Today's standards and guidelines are set forth as emission
>limits and will significantly reduce HMIWI emissions.
> Several States, including New York, California, and Texas, have
>adopted relatively stringent regulations in the past few years limiting
>emissions from HMIWI. The implementation of these regulations has
>brought about very large reductions in HMIWI emissions and the
>associated risk to public health in those States. Today EPA is
>promulgating nationally applicable emission standards and guidelines
>for HMIWI that build on the experience of these leading States. Like
>the State regulations, the standards and guidelines promulgated today
>are based on the use of add-on air pollution control systems. These
>standards and
>
>[[Page 48351]]
>
>guidelines implement the first phase requirements of section 129
>described above. As described in detail below, section 129, like
>section 112, of the CAA instructs the Agency to set performance
>standards that challenge industry to meet or exceed the pollution
>control standards established by better controlled similar facilities.
>In this way, the overall state of environmental practice is raised for
>large segments of industry, a basic level of health protection is
>provided to all communities, situations in which uncertainty about
>total risk and hazard result in no protection for the exposed public
>are avoided, and yet the cost of pollution control to industry is
>constrained to levels already absorbed by similar operations. Eight
>years later, in a second phase, EPA will evaluate whether the residual
>public health risk warrants additional control.
> The EPA's Office of Research and Development (ORD) is preparing a
>national inventory of dioxin emissions as part of its Dioxin
>Reassessment. This effort will include emission estimates for HMIWI.
>Since the effort is not yet complete, the results are not included in
>this package. The ORD is considering a very similar approach to that
>used in this rulemaking and anticipates generating similar emission
>estimates.
>
>B. Implementation of the Emission Guidelines
>
> The subpart Ce emission guidelines are unique in that, unlike the
>subpart Ec NSPS, the guidelines are not direct Federal requirements for
>HMIWI. The subpart Ec NSPS are Federal requirements that apply to all
>new HMIWI units that commence construction after June 20, 1996 or to
>existing HMIWI units that commence modification after March 16, 1998.
>The subpart Ce emission guidelines require States to develop section
>
[big, big, SNIP]