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Baltimore Resco................... Baltimore, Maryland.. January 11, 1999..... January 11, 1999..... January 11, 1999.... 09/01/00 12/19/00
All large MWC units............... New Jersey b......... January 11, 1999..... 05/18/99............. 11/14/99............ 11/19/00 12/19/00
American Ref-Fuel................. Delaware County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00
Pennsylvania.
Montenay Energy Resource.......... Montgomery County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00
Pennsylvania.
I-95 Energy/Resource Recovery Lorton, Virginia..... January 11, 1999..... 10/15/99............. 03/01/00............ 11/19/00 12/19/00
Facility.
New Hanover County, Unit 3A....... Wilmington, North 09/15/99............. 03/01/00............. 07/01/00............ 11/19/00 12/19/00
Carolina.
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a These schedules have been reviewed and determined to be acceptable by EPA.
b This schedule applies to HC1 SO2, PM, Pb, Cd, CO, and NOX. However, owners and operators of large MWC units in New Jersey have the option of reserving
the portion of their control plan that addresses NOX. Owners and operators must submit the reserved portion to EPA by December 15, 1999.
c The owner or operator of an affected facility that began construction, modification, or reconstruction after June 26, 1987 must achieve final
compliance with the mercury and dioxins/furans limits within 1 year after promulgation of subpart FFF (i.e., by 11/12/99) or 1 year after permit
issuance. Permit issuance is issuance of a revised construction permit or revised operating permit if a permit modification is required to retrofit
controls. Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit issuance'' exceeds December 19,
2000.
[63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999, as amended at 65 FR 33469, May 24, 2000]
Subpart GGG—Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991 and Have Not Been Modified or Reconstructed Since May 30, 1991
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Source: 64 FR 60703, Nov. 8, 1999, unless otherwise noted.
§ 62.14350 Scope and delegation of authority.
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(a) This subpart contains emission requirements and compliance schedules for the control of designated pollutants from certain municipal solid waste landfills in accordance with section 111(d) of the Clean Air Act and 40 CFR part 60, subpart B. This municipal solid waste landfills Federal plan applies to each designated facility as defined in §62.14352 of this subpart that is not covered by an EPA approved and currently effective State or Tribal plan.
(b) The following authorities shall be retained by the Administrator and not transferred to the State or Tribe upon delegation of authority to the State or Tribe to implement and enforce the Federal plan pursuant to sections 101(a)(3) and 111 of the Clean Air Act:
(1) Approval of alternative methods to determine site-specific NMOC concentration (CNMOC) or site-specific methane generation rate constant (k) used in calculating the annual NMOC emission rate (as provided in 40 CFR 60.754(a)(5) of subpart WWW),
(2) Alternative emission standards,
(3) Major alternatives 1 to test methods,
1 Major changes to test methods or to monitoring are modifications made to a federally enforceable test method or to a federal monitoring requirement. These changes would involve the use of unproven technology or procedures or an entirely new method (which is sometimes necessary when the required test method or monitoring requirement is unsuitable).
(4) Major alternatives to monitoring, or
(5) Waivers of recordkeeping.
§ 62.14351 Definitions.
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Terms used but not defined in this subpart have the meaning given them in the Clean Air Act and 40 CFR part 60, subparts A, B, and WWW.
Achieve final compliance means to connect and operate the collection and control system as specified in the final control plan. Within 180 days after the date the landfill is required to achieve final compliance, the initial performance test must be conducted.
Award contract means the MSW landfill owner or operator enters into legally binding agreements or contractual obligations that cannot be canceled or modified without substantial financial loss to the MSW landfill owner or operator. The MSW landfill owner or operator may award a number of contracts to install the collection and control system. To meet this increment of progress, the MSW landfill owner or operator must award a contract or contracts to initiate on-site construction or installation of the collection and control system.
Complete on-site construction means that all necessary collection system components and air pollution control devices identified in the final control plan are on site, in place, and ready for operation.
Design capacity means the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent permit issued by the State, local, or Tribal agency responsible for regulating the landfill, plus any in-place waste not accounted for in the most recent permit. If the owner or operator chooses to convert the design capacity from volume to mass or from mass to volume to demonstrate its design capacity is less than 2.5 million megagrams or 2.5 million cubic meters, the calculation must include a site-specific density, which must be recalculated annually.
EPA approved State plan means a State plan that EPA has approved based on the requirements in 40 CFR part 60, subpart B to implement and enforce 40 CFR part 60, subpart Cc. An approved State plan becomes effective on the date specified in the notice published in the Federal Register announcing EPA's approval.
Federal Indian Reservation means for purposes of the Clean Air Act, all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.
Final control plan (Collection and control system design plan) means a plan that describes the collection and control system that will capture the gas generated within an MSW landfill. The collection and control system design plan must be prepared by a professional engineer and must describe a collection and control system that meets the requirements of 40 CFR 60.752(b)(2)(ii). The final control plan must contain engineering specifications and drawings of the collection and control system. The final control plan must include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of 40 CFR 60.753 through 60.758 proposed by the owner or operator. The final control plan must either conform with the specifications for active collection systems in 40 CFR 60.759 or include a demonstration that shows that based on the size of the landfill and the amount of waste expected to be accepted, the system is sized properly to collect the gas, control emissions of NMOC to the required level and meet the operational standards for a landfill.
Indian Country means all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
Initiate on-site construction means to begin any of the following: installation of the collection and control system to be used to comply with the emission limits as outlined in the final control plan; physical preparation necessary for the installation of the collection and control system to be used to comply with the final emission limits as outlined in the final control plan; or, alteration of an existing collection and control system to be used to comply with the final emission limits as outlined in the final control plan.
Modification means an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its permitted design capacity as of May 30, 1991. Modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion.
Municipal solid waste landfill or MSW landfill means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. A municipal solid waste landfill may also receive other types of RCRA Subtitle D wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of a municipal solid waste landfill may be separated by access roads. A municipal solid waste landfill may be publicly or privately owned.
Negative declaration letter means a letter to EPA declaring that there are no existing MSW landfills in the State or that there are no existing MSW landfills in the State that must install collection and control systems according to the requirements of 40 CFR part 60, subpart Cc. The negative declaration letter must include the design capacities of any existing MSW landfills with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters.
Protectorate means American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands.
State means any of the 50 United States and the protectorates of the United States.
State plan means a plan submitted pursuant to section 111(d) of the Clean Air Act and 40 CFR part 60, subpart B that implements and enforces 40 CFR part 60, subpart Cc. State plans include plans developed by States, local agencies, and protectorates.
Tribal plan means a plan submitted by a Tribal Authority pursuant to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR part 60, subpart Cc.
§ 62.14352 Designated facilities.
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(a) The designated facility to which this subpart applies is each municipal solid waste landfill in all States, protectorates, and Indian Country that meets the conditions of paragraphs (a)(1) and (a)(2) of this section, except for landfills exempted by paragraphs (b) and (c) of this section.
(1) The municipal solid waste landfill commenced construction, reconstruction, or modification before May 30, 1991 (landfills that commence construction, modification, or reconstruction on or after May 30, 1991 are subject to 40 CFR part 60, subpart WWW), and
(2) The municipal solid waste landfill has accepted waste at any time since November 8, 1987 or the landfill has additional capacity for future waste deposition.
(b) A municipal solid waste landfill regulated by an EPA approved and currently effective State or Tribal plan is not subject to the requirements of this subpart. States that have an approved and effective State plan are listed in table 1 of this subpart. Notwithstanding the exclusions in table 1 of this subpart, any MSW landfill located in a State or portion of Indian country that does not have an EPA approved and currently effective State or Tribal plan is subject to the requirements of this subpart.
(c) A municipal solid waste landfill located in a State, locality, or portion of Indian country that submitted a negative declaration letter is not subject to the requirements of this subpart other than the requirements in the definition of design capacity to recalculate the site-specific density annually and in §62.14355 to submit an amended design capacity report in the event that the recalculated design capacity is equal to or greater than 2.5 million megagrams and 2.5 million cubic meters. However, if the existing municipal solid waste landfill already has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters, then it is subject to the requirements of the Federal plan. States, localities, or portions of Indian country that submitted negative declaration letters are listed in table 2 of this subpart.
(d) Physical or operational changes made to an existing municipal solid waste landfill solely to comply with an emission guideline are not considered a modification or reconstruction and would not subject an existing municipal solid waste landfill to the requirements of 40 CFR part 60, subpart WWW.
(e) For purposes of obtaining an operating permit under title V of the Clean Air Act, the owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters is not subject to the requirement to obtain an operating permit for the landfill under part 70 or 71 of this chapter, unless the landfill is otherwise subject to either part 70 or 71. For purposes of submitting a timely application for an operating permit under part 70 or 71, the owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters on January 7, 2,000 and not otherwise subject to either part 70 or 71, becomes subject to the requirements of §70.5(a)(1)(i) or §71.5(a)(1)(i) of this chapter April 6, 2000, even if the initial design capacity report is submitted earlier. In addition, the owner or operator of a municipal solid waste landfill subject to this subpart with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters on January 7, 2000, and not otherwise subject to either part 70 or 71, but whose design capacity subsequently increases to equal or exceed 2.5 million megagrams and 2.5 million cubic meters by a change that is not a modification or reconstruction becomes subject to the requirements of §70.5(a)(1)(i) or §71.5(a)(1)(i) of this chapter upon the date the amended design capacity report is due.
(f) When a municipal solid waste landfill subject to this subpart is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under part 70 or 71 of this chapter for the landfill if the landfill is not otherwise subject to the requirements of either part 70 or 71 and if either of the following conditions are met:
(1) The landfill was never subject to the requirement for a control system under §62.14353 of this subpart; or
(2) The owner or operator meets the conditions for control system removal specified in 40 CFR 60.752(b)(2)(v).
§ 62.14353 Standards for municipal solid waste landfill emissions.
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(a) The owner or operator of a designated facility having a design capacity less than 2.5 million megagrams or 2.5 million cubic meters must comply with the requirements of 40 CFR 60.752(a) in addition to the applicable reporting and recordkeeping requirements specified in this subpart.
(b) The owner or operator of a designated facility having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must comply with the requirements of 40 CFR 60.752(b) in addition to the applicable reporting and recordkeeping requirements specified in this subpart.
§ 62.14354 Procedures, test methods, and monitoring.
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(a) The owner or operator of a designated facility having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must calculate the landfill nonmethane organic compounds emission rate using the procedures listed in 40 CFR 60.754, as applicable, to determine whether the landfill nonmethane organic compounds emission rate equals or exceeds 50 megagrams per year.
(b) The owner or operator of a designated facility with a gas collection and control system used to comply with §62.14353(b) must comply with the operational standards in 40 CFR 60.753; the test procedures in 40 CFR 60.754(b) and (d); the compliance provisions in 40 CFR 60.755; and the monitoring provisions in 40 CFR 60.756, unless alternative procedures have been approved.
§ 62.14355 Reporting and recordkeeping requirements.
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(a) The owner or operator of a designated facility must comply with the recordkeeping and reporting provisions listed in 40 CFR 60.757 and 60.758, except as provided for under paragraphs (a)(1) and (a)(2) of this section.
(1) The initial design capacity report for a designated facility is due within 90 days of the effective date of this subpart. Existing MSW landfills with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters that are located in States that submitted a negative declaration letter are not required to submit an initial design capacity report provided that the MSW landfill's design capacity was included in the negative declaration letter.
(2) The initial nonmethane organic compounds emission rate report for a designated facility is due within 90 days of the effective date of this subpart.
(b) The owner or operator of a designated facility must submit notification to the EPA Regional Office within 10 business days of completing each increment of progress. Each notification must indicate which increment of progress specified in §62.14356(a)(1) through (a)(5) of this subpart has been achieved. The notification must be signed by the owner or operator of the landfill.
(1) For the first increment of progress, the final control plan (collection and control system design plan) must be submitted in addition to the notification. A copy of the design plan must also be kept on site at the landfill.
(2) For the second increment of progress, a signed copy of the contract(s) awarded must be submitted in addition to the notification.
(c) The owner or operator of a designated facility who fails to meet any increment of progress specified in §62.14356(a)(1) through (a)(5) of this subpart according to the applicable schedule in §62.14356 of this subpart must submit notification that the owner or operator failed to meet the increment to the EPA Regional Office within 10 business days of the applicable date in §62.14356.
(d) The owner or operator (or the State or Tribal air pollution control authority) that is submitting alternative dates for increments 2 and 3 according to §62.14356(d) of this subpart must do so by the date specified for submitting the final control plan. The date for submitting the final control plan is specified in §62.14356(c)(1) and (c)(2) of this subpart, as applicable. The owner or operator (or the State or Tribal air pollution control authority) must submit a justification if any of the alternative dates are later than the increment dates in table 3 of this subpart. In addition to submitting the alternative dates to the appropriate EPA Regional Office, the owner or operator must also submit the alternative dates to the State.
§ 62.14356 Compliance schedules and increments of progress.
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(a) Increments of progress. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a nonmethane organic compound emission rate greater than or equal to 50 megagrams per year must achieve the increments of progress specified in paragraphs (a)(1) through (a)(5) of this section to install air pollution control devices to meet the emission standards specified in §62.14353(b) of this subpart. (Refer to §62.14351 for a definition of each increment of progress.)
(1) Submit control plan: Submit a final control plan (collection and control system design plan) according to the requirements of §62.14353(b) of this subpart and 40 CFR 60.752(b)(2).
(2) Award contract(s): Award contract(s) to initiate on-site construction or initiate on-site installation of emission collection and/or control equipment.
(3) Initiate on-site construction: Initiate on-site construction or initiate on-site installation of emission collection and/or control equipment as described in the EPA-approved final control plan.
(4) Complete on-site construction: Complete on-site construction and installation of emission collection and/or control equipment.
(5) Achieve final compliance: Complete construction in accordance with the design specified in the EPA-approved final control plan and connect the landfill gas collection system and air pollution control equipment such that they are fully operating. The initial performance test must be conducted within 180 days after the date the facility is required to achieve final compliance.
(b) Compliance date. For each designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a nonmethane organic compound emission rate greater than or equal to 50 Mg per year, planning, awarding of contracts, and installation of municipal solid waste landfill air emission collection and control equipment capable of meeting the standards in §62.14353(b) must be accomplished within 30 months after the date the initial emission rate report (or the annual emission rate report) first shows that the nonmethane organic compounds emission rate equals or exceeds 50 megagrams per year.
(c) Compliance schedules. The owner or operator of a designated facility that has a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters and a nonmethane organic compound emission rate greater than or equal to 50 megagrams per year must achieve the increments of progress specified in paragraphs (a)(1) through (a)(5) of this section according to the schedule specified in paragraph (c)(1) or (c)(2) of this section, unless a site-specific schedule is approved by EPA.
(1) The owner or operator of a designated facility must achieve the increments of progress according to the schedule in table 3 of this subpart, except for those affected facilities specified in paragraph (c)(2) of this section. Once this subpart becomes effective on January 7, 2000, any designated facility to which this subpart applies will remain subject to the schedule in table 3 if a subsequently approved State or Tribal plan contains a less stringent schedule, (i.e., a schedule that provides more time to comply with increments 1, 4 and/or 5 than does this Federal plan).
(2) The owner or operator of the specified designated facility in table 4 of this subpart must achieve the increments of progress according to the schedule in table 4 of this subpart.
(d) For designated facilities that are subject to the schedule requirements of paragraph (c)(1) of this section, the owner or operator (or the State or Tribal air pollution control authority) may submit to the appropriate EPA Regional Office for approval alternative dates for achieving increments 2 and 3.
Table 1 to Subpart GGG of Part 62—States That Have an Approved and Effective State Plan a
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Effective date
State plan of state plan
\b\
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Alabama................................................. 12/07/98
Allegheny County, Pennsylvania.......................... 04/16/99
Arizona................................................. 11/19/99
California.............................................. 11/22/99
Colorado................................................ 09/28/98
Delaware................................................ 11/16/99
Florida................................................. 08/03/99
Georgia................................................. 01/12/99
Illinois................................................ 01/22/99
Iowa.................................................... 06/22/98
Kansas.................................................. 05/19/98
Kentucky................................................ 06/21/99
Louisiana............................................... 10/28/97
Maryland................................................ 11/8/99
Minnesota............................................... 09/25/98
Missouri................................................ 06/23/98
Montana................................................. 09/08/98
Nashville, Tennessee.................................... 02/16/99
Nebraska................................................ 06/23/98
Nevada.................................................. 11/19/99
New Mexico.............................................. 02/10/98
New York................................................ 09/17/99
North Dakota............................................ 02/13/98
Ohio.................................................... 10/06/98
Oklahoma................................................ 05/18/99
Oregon.................................................. 08/25/98
South Carolina.......................................... 10/25/99
South Dakota............................................ 08/02/99
Tennessee............................................... 11/29/99
Texas................................................... 08/16/99
Utah.................................................... 03/16/98
Wyoming................................................. 07/31/98
------------------------------------------------------------------------
a This table is provided as a matter of convenience and is not
controlling in determining whether a MSW landfill is subject to the
Federal plan. A MSW landfill is subject to this Federal plan if it
commenced construction before May 30, 1991 and has not been modified
or reconstructed on or after that date and is not covered by an
approved and currently effective State or Tribal plan.
b The State plan is expected to become effective on the date indicated.
However, if the State plan does not become effective on the date
indicated, the Federal plan applies until the State plan becomes
effective.
Table 2 to Subpart GGG of Part 62—States That Submitted a Negative Declaration Letter a
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Date of
State, locality, or portion of Indian country negative
declaration
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District of Columbia.................................... 09/11/97
New Hampshire........................................... 07/22/98
Philadelphia, Pennsylvania.............................. 02/27/96
Rhode Island............................................ 05/27/98
Vermont................................................. 08/20/96
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a A MSW landfill with a design capacity equal to or greater than 2.5
million megagrams and 2.5 million cubic meters located in an area for
which a negative declaration letter was submitted is subject to the
Federal plan, notwithstanding the negative declaration letter and this
table 2.
Table 3 to Subpart GGG of Part 62—Generic Compliance Schedule and Increments of Progress a
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Increment Date
------------------------------------------------------------------------
Increment 1_Submit final control plan.. 1 year after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
>= 50 Mg/yr.b
Increment 2_Award Contracts............ 20 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
>= 50 Mg/yr.b
Increment 3_Begin on-site construction. 24 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
>= 50 Mg/yr.b
Increment 4_Complete on-site 30 months after initial NMOC
construction. emission rate report or the
first annual emission rate
report showing NMOC emissions
>= 50 Mg/yr.b
Increment 5_Final compliance........... 30 months after initial NMOC
emission rate report or the
first annual emission rate
report showing NMOC emissions
>= 50 Mg/yr.b
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a Table 3 of subpart GGG applies to landfills with design capacities
>=2.5 million megagrams and 2.5 million cubic meters that are subject
to this subpart except those with site-specific compliance schedules
shown in table 4 of subpart GGG.
b NMOC = nonmethane organic compounds Mg/yr = megagrams per year
Table 4 to Subpart GGG of Part 62—Site-Specific Compliance Schedules and Increments of Progress [Reserved]
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Subpart HHH—Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996
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Source: 65 FR 49881, Aug. 15, 2000, unless otherwise noted.
Applicability
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§ 62.14400 Am I subject to this subpart?
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(a) You are subject to this subpart if paragraphs (a)(1), (2), and (3) of this section are all true:
(1) You own or operate an HMIWI that is not covered by an EPA approved and effective State or Tribal plan;
(2) Construction of the HMIWI commenced on or before June 20, 1996; and
(3) You do not meet any of the exemptions in paragraph (b) of this section.
(b) The following exemptions apply:
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If you . . . And you . . . And you . . . Then you . . .
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(1) Own or operate an HMIWI that Notify the EPA Keep records on a Are not subject to the
combusts only pathological waste, Administrator (or calendar quarter basis other sections of this
low-level radioactive waste, and/or delegated enforcement of the periods of time subpart during periods
chemothera-peutic waste (all defined authority) of an when only pathological when only
in 40 CFR 62.14490). exemption claim. waste, low-level radio pathological, low-
active waste, and/or level radioactive, and/
chemo therapeutic or chemotherapeutic
waste is combusted, wastes are combusted.
and you submit such
records to the EPA
Administrator (or
delegated enforcement
authority) upon
request,.
(2) Own or operate a co-fired Notify the EPA Keep records on a Are not subject to the
combustor (defined in 40 CFR Administrator (or calendar quarter basis other sections of this
62.14490). delegated enforcement of the weight of subpart.
authority) of an hospital waste and
exemption claim and medical/infectious
you provide an waste combusted as
estimate of the well as the weight of
relative weight of all other fuels and
hospital waste, wastes combusted at
medical/infectious the co-fired
waste, and other fuels combustor, and these
and/or wastes to be records reflect that
combusted. the source continues
to meet the definition
of co-fired combustor
in 40 CFR 62.14490,
and you submit such
records to the EPA
Administrator (or
delegated enforcement
authority) upon
request.
(3) Own or operate a combustor that ....................... ....................... Are not subject to this
must have a permit under Section subpart.
3005 of the Solid Waste Disposal Act.
(4) Own or operate a combustor which ....................... ....................... Are not subject to this
meets the applicability requirements subpart.
of 40 CFR part 60 subpart Cb, Ea, or
Eb (standards or guidelines for
certain municipal waste combustors).
(5) Own or operate a pyrolysis unit ....................... ....................... Are not subject to this
(defined in 40 CFR 62.14490) subpart.
processing hospital waste and/or
medical/infectious waste.
(6) Own or operate a cement kiln ....................... ....................... Are not subject to this
firing hospital waste and/or medical/ subpart.
infectious waste.
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(c) Owners or operators of sources that qualify for the exemptions in paragraphs (b)(1) or (b)(2) of this section must submit records required to support their claims of exemption to the EPA Administrator (or delegated enforcement authority) upon request. Upon request by any person under the regulation at part 2 of this chapter (or a comparable law or regulation governing a delegated enforcement authority), the EPA Administrator (or delegated enforcement authority) must request the records in (b)(1) or (b)(2) from an owner or operator and make such records available to the requestor to the extent required by part 2 of this chapter (or a comparable law governing a delegated enforcement authority). Records required under paragraphs (b)(1) and (b)(2) of this section must be maintained by the source for a period of at least 5 years. Notifications of exemption claims required under paragraphs (b)(1) and (b)(2) of this section must be maintained by the EPA or delegated enforcement authority for a period of at least 5 years. Any information obtained from an owner or operator of a source accompanied by a claim of confidentiality will be treated in accordance with the regulations in part 2 of this chapter (or a comparable law governing a delegated enforcement authority).
§ 62.14401 How do I determine if my HMIWI is covered by an approved and effective State or Tribal plan?
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This part (40 CFR part 62) contains a list of all States and Tribal areas with approved Clean Air Act section 111(d)/129 plans in effect. However, this part is only updated once a year. Thus, if this part does not indicate that your State or Tribal area has an approved and effective plan, you should contact your State environmental agency's air director or your EPA Regional Office to determine if approval occurred since publication of the most recent version of this part.
§ 62.14402 If my HMIWI is not listed on the Federal plan inventory, am I exempt from this subpart?
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Not necessarily. Sources subject to this subpart include, but are not limited to, the inventory of sources listed in Docket A–98–24 for the Federal plan.
§ 62.14403 What happens if I modify an existing HMIWI?
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(a) If you commenced modification (defined in 40 CFR 62.14490) of an existing HMIWI after March 16, 1998, you are subject to 40 CFR part 60, subpart Ec (40 CFR 60.50c through 60.58c) and you are not subject to this subpart, except as provided in paragraph (b) of this section.
(b) If you made physical or operational changes to your existing HMIWI solely for the purpose of complying with this subpart, these changes are not considered a modification, and you are not subject to 40 CFR part 60, subpart Ec (40 CFR 60.50c through 60.58c). You remain subject to this subpart.
Emission Limits
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§ 62.14410 Are there different emission limits for different locations and sizes of HMIWI?
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Yes, there are different emission limits for small rural, small, medium, and large HMIWI. To determine the size category of your HMIWI, consult the definitions in 40 CFR 62.14490.
§ 62.14411 What emission limits apply to my HMIWI?
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You must operate your HMIWI in compliance with the emission limit requirements for your HMIWI size category listed in table 1 of this subpart.
§ 62.14412 What stack opacity requirements apply?
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Your HMIWI (regardless of size category) must not discharge into the atmosphere from the stack any gases that exhibit greater than 10 percent opacity (6-minute block average).
§ 62.14413 When do the emission limits and stack opacity requirements apply?
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The emission limits and stack opacity requirements of this subpart apply at all times except during periods of startup, shutdown, or malfunction, provided that no hospital waste or medical/infectious waste is charged to your HMIWI during periods of startup, shutdown, or malfunction.
Operator Training and Qualification
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§ 62.14420 Am I required to have a trained and qualified operator?
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You must have a fully trained and qualified HMIWI operator, either at your facility or able to be at your facility within 1 hour. The trained and qualified HMIWI operator may operate the HMIWI directly or be the direct supervisor of one or more HMIWI operators.
§ 62.14421 How does an operator become trained and qualified?
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(a) The HMIWI operator can obtain training and qualification through a State-approved program or as provided in paragraph (b) of this section.
(b) If there are no State-approved training and qualification programs available or if your operator does not want to participate in a State-approved program, then your operator must complete a training course that includes the requirements in §62.14422 and satisfy the qualification requirements in §62.14423.
§ 62.14422 What are the requirements for a training course that is not part of a State-approved program?
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A training course must include:
(a) Twenty-four hours of training that includes all of the following subjects:
(1) Environmental concerns, including pathogen destruction and types of emissions;
(2) Basic combustion principles, including products of combustion;
(3) Operation of the type of incinerator to be used by the operator, including proper startup, waste charging, and shutdown procedures;
(4) Combustion controls and monitoring;
(5) Operation of air pollution control equipment and factors affecting performance (if applicable);
(6) 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);
(7) Inspection and maintenance of the HMIWI, air pollution control devices, and continuous emission monitoring systems;
(8) Actions to correct malfunctions and conditions that may lead to malfunction;
(9) Bottom and fly ash characteristics and handling procedures;
(10) Applicable Federal, State, and local regulations;
(11) Work safety procedures;
(12) Prestartup inspections; and
(13) Recordkeeping requirements.
(b) An examination designed and administered by the instructor; and
(c) Reference material distributed to the attendees covering the course topics.
§ 62.14423 What are the qualification requirements for operators who do not participate in a State-approved program?
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(a) Operators who do not participate in a State-approved program must satisfy paragraphs (a)(1) and (2) of this section:
(1) The operator must complete a training course that satisfies the requirements in §62.14422; and
(2) The operator must have 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 burn cycles under the observation and supervision of two qualified HMIWI operators.
(b) The operator's qualification is valid after paragraphs (a)(1) and (2) of this section are completed.
(c) To remain qualified, the operator must complete and pass an annual review or refresher course of at least 4 hours covering, at a minimum, the following:
(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.
(d) If the operator's qualification lapses, he or she must renew it by one of the following methods:
(1) For a lapse of less than 3 years, complete and pass a standard annual refresher course described in paragraph (c) of this section;
(2) For a lapse of 3 years or more, complete and pass a training course with the minimum criteria described in §62.14422.
§ 62.14424 What documentation must I maintain onsite?
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(a) You must maintain the following at the facility:
(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) Procedures for startup, shutdown, and malfunction;
(5) 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 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.
(b) You must keep the information listed in paragraph (a) of this section in a readily accessible location for all HMIWI operators. This information, along with records of training, must be available for inspection by the EPA or its delegated enforcement agent upon request.
§ 62.14425 When must I review the documentation?
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(a) You must establish a program for reviewing the information listed in §62.14424 annually with each HMIWI operator (defined in §62.14490).
(b) You must conduct your initial review of the information listed in §62.14424 by February 15, 2001, or prior to assumption of responsibilities affecting HMIWI operation, whichever is later.
(c) You must conduct subsequent reviews of the information listed in §62.14424 annually.
Waste Management Plan
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§ 62.14430 Must I prepare a waste management plan?
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Yes. All HMIWI owners or operators must have a waste management plan.
§ 62.14431 What must my waste management plan include?
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Your waste management plan must identify both the feasibility of, and the approach for, separating certain components of solid waste from the health care waste stream in order to reduce the amount of toxic emissions from incinerated waste. The waste management plan you develop may address, but is not limited to, paper, cardboard, plastics, glass, battery, or metal recycling, or purchasing recycled or recyclable products. Your 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. When you develop your waste management plan 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 reductions expected to be achieved, and any other potential environmental or energy impacts they might have. In developing your waste management plan, you must consider the American Hospital Association publication entitled “Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities.” This publication (AHA Catalog No. 057007) is available for purchase from the American Hospital Association (AHA) Service, Inc., Post Office Box 92683, Chicago, Illinois 60675–2683.
§ 62.14432 When must my waste management plan be completed?
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As specified in §§62.14463 and 62.14464, you must submit your waste management plan with your initial report, which is due 60 days after your initial performance test.
Inspection Requirements
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§ 62.14440 Which HMIWI are subject to inspection requirements?
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Only small rural HMIWI (defined in §62.14490) are subject to inspection requirements.
§ 62.14441 When must I inspect my small rural HMIWI?
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(a) You must inspect your small rural HMIWI by August 15, 2001.
(b) You must conduct inspections as outlined in §62.14442 annually (no more than 12 months following the previous annual equipment inspection).
§ 62.14442 What must my inspection include?
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At a minimum, you must do the following during your inspection:
(a) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation, and clean pilot flame sensor as necessary;
(b) Check for proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;
(c) Inspect hinges and door latches, and lubricate as necessary;
(d) Inspect dampers, fans, and blowers for proper operation;
(e) Inspect HMIWI door and door gaskets for proper sealing;
(f) Inspect motors for proper operation;
(g) Inspect primary chamber refractory lining, and clean and repair/replace lining as necessary;
(h) Inspect incinerator shell for corrosion and/or hot spots;
(i) Inspect secondary/tertiary chamber and stack, and clean as necessary;
(j) Inspect mechanical loader, including limit switches, for proper operation, if applicable;
(k) Visually inspect waste bed (grates), and repair/ seal, as necessary;
(l) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments;
(m) Inspect air pollution control device(s) for proper operation, if applicable;
(n) Inspect waste heat boiler systems to ensure proper operation, if applicable;
(o) Inspect bypass stack components;
(p) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and
(q) Generally observe that the equipment is maintained in good operating condition.
§ 62.14443 When must I do repairs?
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You must complete any necessary repairs within 10 operating days of the inspection unless you obtain written approval from the EPA Administrator (or delegated enforcement authority) establishing a different date when all necessary repairs of your HMIWI must be completed.
Performance Testing and Monitoring Requirements
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§ 62.14450 What are the testing requirements for small rural HMIWI?
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(a) If you operate a small rural HMIWI (defined in §62.14490), you must conduct an initial performance test for PM, opacity, CO, dioxin/furan, and Hg using the test methods and procedures outlined in §62.14452.
(b) After the initial performance test is completed or is required to be completed under §62.14470, whichever date comes first, if you operate a small rural HMIWI you must 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 §62.14452. (continued)