Electronic Code of Federal Regulations:

This subpart contains emission guidelines and compliance times for the control of certain designated pollutants from hospital/medical/infectious waste incinerator(s) (HMIWI) in accordance with sections 111 and 129 of the Clean Air Act and subpart B of this part. The provisions in these emission guidelines supersede the provisions of §60.24(f) of subpart B of this part.

§ 60.31e Definitions.

Terms used but not defined in this subpart have the meaning given them in the Clean Air Act and in subparts A, B, and Ec of this part.

Standard Metropolitan Statistical Area or SMSA means any areas listed in OMB Bulletin No. 93–17 entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993 (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) is burned, provided the owner or operator of the combustor:

(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 subpart if the owner or operator of the co-fired combustor:

(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 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.

(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 September 15, 2000, 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 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area (defined in §60.31e) and which burns less than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 lb/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 part.

§ 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:

(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;

(vii) Inspect primary chamber refractory lining; clean and repair/replace lining as necessary;

(x) Inspect mechanical loader, including limit switches, for proper operation, if applicable;

(xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;

(xiii) Inspect air pollution control device(s) for proper operation, if applicable;

(xiv) Inspect waste heat boiler systems to ensure proper operation, if applicable;

(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)(1) 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 (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)(1) through (b)(9), (b)(11) (Hg only), and (c)(1) of subpart Ec of this part. The 2,000 lb/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 to 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 parameter(s).

(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 temperature (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 parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under paragraph (b)(4) of this section.

(c) For approval, a State plan shall include the requirements for monitoring listed in §60.57c of subpart Ec of this part, except as provided for under paragraph (d) of this section.

(d) For approval, a State plan shall include requirements for any small HMIWI subject to the emission limits under §60.33e(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 recordkeeping 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) and (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)(1) 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 semiannually). The report shall be signed by the facilities manager.

§ 60.39e Compliance times.

(a) Not later than September 15, 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 equipment may allow compliance on or before the date 3 years after EPA approval of the State plan (but not later than the September 16, 2002. 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);

(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);

(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.

(3) If an extension is granted, require compliance with the emission guidelines on or before the date 3 years after EPA approval of the State plan (but not later than September 16, 2002.

(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 HMIWI located in any State that has not submitted an approvable plan within date 2 years after September 15, 1997. Such plans shall ensure that each designated facility is in compliance with the provisions of this subpart no later than date 5 years after September 15, 1997.

Table 1 to Subpart Ce—Emission Limits for Small, Medium, and Large HMIWI

Pollutant	Units (7 percent oxygen, dry basis)	Emission limits
		HMIWI size
		Small	Medium	Large
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	115 (0.05)	69 (0.03)	34 (0.015).
Carbon monoxide	Parts per million by volume	40	40	40.
Dioxins/furans	Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0)	125 (55) or 2.3 (1.0).
Hydrogen chloride	Parts per million by volume or percent reduction	100 or 93%	100 or 93%	100 or 93%.
Sulfur dioxide	Parts per million by volume	55	55	55.
Nitrogen oxides	Parts per million by volume	250	250	250.
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	1.2 (0.52) or 70%	1.2 (0.52) or 70%	1.2 (0.52) or 70%.
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	0.16 (0.07) or 65%	0.16 (0.07) or 65%.
Mercury	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction	0.55 (0.24) or 85%	0.55 (0.24) or 85%	0.55 (0.24) or 85%.

Table 1B to Subpart Ce—XXX

Table 2 to Subpart Ce—Emissions Limits for Small HMIWI Which Meet the Criteria Under §60.33e(b)

Pollutant	Units (7 percent oxygen, dry basis)	HMIWI emission limits
Particulate matter	Milligrams per dry standard cubic meter (grains per dry standard cubic foot)	197 (0.086).
Carbon monoxide	Parts per million by volume	40.
Dioxins/furans	nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet)	800 (350) or 15 (6.6).
Hydrogen chloride	Parts per million by volume	3100.
Sulfur dioxide	Parts per million by volume	55.
Nitrogen oxides	Parts per million by volume	250.
Lead	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	10 (4.4).
Cadmium	Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)	4 (1.7).
Mercury	Milligrams per dry standard cubic meter (grains per thousands dry standard cubic feet)	7.5 (3.3).

Subpart Ce—Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators

§ 60.30e Scope.