[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Rules and Regulations]
[Pages 28051-28078]
[FR Doc No: 2013-09427]

Vol. 78

Monday,

No. 92

May 13, 2013

Part III

Environmental Protection Agency

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40 CFR Parts 60 and 62

Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before December 1, 2008, and Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators; Final Rule

Federal Register / Vol. 78 , No. 92 / Monday, May 13, 2013 / Rules
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 62

[EPA-HQ-OAR-2011-0405 and EPA-HQ-OAR-2006-0534; FRL-9802-3]
RIN 2060-AR-11 and RIN 2060-A004

Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed On or Before December 1, 2008, and Standards
of Performance for New Stationary Sources: Hospital/Medical/Infectious
Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes amendments to the federal plan and the
new source performance standards for hospital/medical/infectious waste
incinerators. This final action implements national standards
promulgated in the 2009 amendments to the hospital/medical/infectious
waste incinerator emissions guidelines that will result in reductions
in emissions of certain pollutants from all affected units.

DATES: The effective date of this rule is June 12, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-HQ-OAR-2011-0405 and Legacy Docket ID Number A-98-
24. The EPA has established a docket for the hospital/medical/
infectious waste incinerator (HMIWI) rules under Docket ID Number EPA-
HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All documents in
the docket are listed in the www.regulations.gov index. Although listed
in the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically at
www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC,
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the EPA
Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-05),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.

I. General Information
    A. Does the final action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information
    A. What is the regulatory development background for this final
rule?
    B. What is the purpose of this final rule?
    C. What is the status of state plan submittals?
    D. What are the elements of the amended HMIWI federal plan?
III. Affected Facilities
    A. What is a HMIWI?
    B. Does the federal plan apply to me?
    C. How do I determine if my HMIWI is covered by an approved and
effective state plan?
IV. Summary of Changes Since Proposal and Response to Public
Comments
    A. State Plans and Negative Declarations
    B. Visible Ash Emissions Limitation
    C. Initial and Annual HMIWI Unit Inspection
V. Summary of Final Amendments to HMIWI Federal Plan
    A. What are the final amendments to applicability?
    B. What are the final amendments to the emissions limits?
    C. What are the final amendments to the waste management plan
requirements?
    D. What are the final amendments to the inspection requirements?
    E. What are the final amendments to the performance testing and
monitoring requirements?
    F. What are the final amendments to the recordkeeping and
reporting requirements?
    G. What are the final amendments to the compliance schedule?
    H. What are the other final amendments?
VI. Summary of Final Amendments to HMIWI NSPS
    A. What are the final amendments to the emissions limits?
VII. HMIWI That Have or Will Shutdown
    A. Units That Plan To Close Rather Than Comply
    B. Inoperable Units
    C. HMIWI That Have Shutdown
VIII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
IX. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
X. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice (EJ) in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

    A redline version of the federal plan regulatory language that
incorporates the changes in this action is available in the docket.

I. General Information

A. Does the final action apply to me?

    Regulated Entities. If you own or operate an existing HMIWI and are
not already subject to an EPA-approved and effective state plan
implementing the October 6, 2009, revised emissions guidelines (EG),
you may be covered by this final federal plan. Existing HMIWI are those
that commenced construction on or before December 1, 2008, or commenced
modification on or before April 6, 2010. In addition, if you own or
operate a new HMIWI, you may be covered by this final amended new
source performance standard (NSPS). New HMIWI are those that commenced
construction after December 1, 2008, or commenced modification after
April 6, 2010. Regulated categories and entities include those listed
in the following table.

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                   Category                       NAICS* code            Examples of regulated entities
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Industry......................................          622110  Private hospitals, other health care facilities,
                                                                 commercial research laboratories, commercial
                                                                 waste disposal companies, private universities.
                                                        622310

                                                        325411
                                                        325412
                                                        562213
                                                        611310
Federal Government............................          622110  Federal hospitals, other health care facilities,
                                                                 public health service, armed services.
                                                        541710
                                                        928110
State/Local/Tribal Government.................          622110  State/local hospitals, other health care
                                                                 facilities, state/local waste disposal
                                                                 services, state universities.
                                                        562213
                                                        611310
----------------------------------------------------------------------------------------------------------------
* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the final
action. To determine whether your facility will be affected by this
amended final action, you should examine the applicability criteria in
Sec.  62.14400 of subpart HHH. If you have any questions regarding the
applicability of the final action to a particular entity, contact the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of
the final action will be available on the World Wide Web (WWW) through
the EPA's Technology Transfer Network (TTN). Following signature, a
copy of the final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
Additionally in the rule docket, the EPA will include a redline
strikeout version of the full regulatory text, comparing the 2000 rule
text and the today's final amended rule text.

C. Judicial Review

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of
these final rules is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by July 12, 2013. Section 307(d)(7)(B) of the CAA further
provides that ``only an objection to this final rule that was raised
with reasonable specificity during the period for public comment can be
raised during judicial review.'' This section also provides a mechanism
for the EPA to convene a proceeding for reconsideration, ``[i]f the
person raising an objection can demonstrate to EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of this
rule.'' Any person seeking to make such a demonstration to the EPA
should submit a Petition of Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave. NW., Washington, DC 20004, with a copy
to both of the contacts list in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Council (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20004. Note under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce these requirements.

II. Background Information

A. What is the regulatory development background for this final rule?

    Section 129 of the CAA requires the EPA to develop NSPS and EG for
``units combusting hospital waste, medical waste and infectious
waste.'' On September 15, 1997, the EPA promulgated NSPS for new HMIWI,
codified at 40 CFR part 60 subpart Ec, and EG for existing HMIWI,
codified at 40 CFR part 60 subpart Ce. (See 62 FR 48348.) The NSPS and
EG were designed to reduce air pollution emitted from these HMIWI,
including cadmium (Cd), carbon monoxide (CO), dioxins/furans (total, or
2,3,7,8-Tetrachlorodibenzo-p-Dioxin toxic equivalency (TEQ)), hydrogen
chloride (HCl), lead (Pb), mercury (Hg), nitrogen oxides
(NOX), opacity, particulate matter (PM) and sulfur dioxide
(SO2). The 1997 NSPS applied to HMIWI for which construction
began after June 20, 1996, and required compliance within 6 months
after startup or by March 16, 1998, whichever date was later. The 1997
EG applied to HMIWI for which construction began on or before June 20,
1996, and required compliance no later than September 15, 2002.
    On March 2, 1999, in Sierra Club v. EPA, 167 F.3d 658 (DC Cir.
1999), the Court remanded the rule to the EPA for further explanation
regarding how the EPA derived the maximum achievable control technology
(MACT) emissions standards for HMIWI. The Court did not vacate the
regulations and the regulations remained in effect during the remand.
    On July 6, 1999, the EPA proposed the federal plan requirements for
HMIWI units constructed on or before June 20, 1996 (64 FR 36426). The
federal plan covered existing HMIWI located in states that did not have
an approved state plan. Furthermore, the federal plan implemented and
enforced the EG in Indian country until tribes receive approval to
administer their own programs. On August 15, 2000, the EPA promulgated
the federal plan requirements for HMIWI units constructed on or before
June 20, 1996 (65 FR 49868). The 1997 HMIWI rules were fully
implemented by September 2002.
    On February 6, 2007, the EPA proposed a response to the Court's
remand of HMIWI. (See 72 FR 5510.) The proposed response would have
revised some of the emissions limits in the NSPS and EG. In addition to
responding to the Court's remand, the EPA also proposed its first 5-
year review of the HMIWI standards. Every 5 years after adopting a MACT
standard under section 129, CAA section 129(a)(5) requires the EPA to
review and, if appropriate, revise the incinerator standards.
    On December 1, 2008, the EPA reproposed its response to the Court's
remand and 5-year review (73 FR

72962). The EPA's decision to repropose its response to the remand was
based on a number of factors, including further rulings by the Court
that were issued after the 2007 proposal was published. In addition,
public comments regarding the 2007 proposal raised issues that, upon
further consideration, the EPA concluded would best be addressed
through a reproposal. In response to public comments on the 2008
reproposal, the EPA further revised the standards and, on October 6,
2009, published final revisions to the September 1997 NSPS and EG to
respond to the remand and satisfy the 5-year review requirement under
CAA section 129(a)(5) (74 FR 51367). On April 4, 2011, the EPA
promulgated amendments to the NSPS and EG, correcting inadvertent
drafting errors in the NOX and SO2 emissions
limits for large HMIWI in the NSPS which did not correspond to our
description of our standard-setting process; correcting erroneous
cross-references in the reporting and recordkeeping requirements in the
NSPS, clarifying that compliance with the EG must be expeditious if a
compliance extension is granted; correcting the inadvertent omission of
delegation of authority provisions in the EG; correcting errors in the
units' description for several emissions limits in the EG and NSPS; and
removing extraneous text from the HCl emissions limit for large HMIWI
in the EG (76 FR 18407).
    On April 23, 2012, the EPA proposed amendments to the existing
HMIWI federal plan to implement the amended EG adopted on October 6,
2009, for those states that do not have an approved revised/new state
plan implementing the EG, as amended, in place by October 6, 2011 (77
FR 24272). Also on April 23, 2012, the EPA proposed to amend the NSPS
to better reflect our original intent in the October 6, 2009, final
rule in eliminating an exemption during startup, shutdown and
malfunction (SSM) periods from the requirement to comply with standards
at all times (77 FR 24272). Today's action will finalize the amendments
to the federal plan and NSPS.

B. What is the purpose of this final rule?

    Section 129 of the CAA relies upon states as the preferred
implementers of EG for existing HMIWI. For the EG to be enforceable, it
must be implemented through either a state plan approved by the EPA, or
through a federal plan promulgated by notice and comment rulemaking. To
make the HMIWI EG enforceable in states with existing HMIWI, states are
required to submit plans that implement and enforce the amended EG to
the EPA within 1 year of promulgation of the EG. For states that have
existing HMIWI but do not have an EPA-approved and effective plan, the
EPA must develop and implement a federal plan within 2 years following
promulgation of the EG. The federal plan is an interim measure to
ensure that emissions standards are implemented until states assume
their role as the preferred implementers of the EG. States without any
existing HMIWI are directed to submit to the Administrator a letter of
negative declaration certifying that there are no HMIWI in the state.
No plan is required for states that do not have any HMIWI. Hospital/
medical/infectious waste incinerators located in states that mistakenly
submit a letter of negative declaration would be subject to the federal
plan until a state plan becomes approved and effective covering those
HMIWI.
    State plans to implement the EG adopted on September 15, 1997, are
already in place and the EPA adopted a HMIWI federal plan on August 15,
2000, (65 FR 49868) to implement the September 15, 1997, EG for those
HMIWI not covered by an approved state plan. Revised or new state plans
to implement the amended EG adopted on October 6, 2009, from 8 states
are final or currently undergoing EPA review to become final. The
deadline for submitting revised/new state plans for EPA review was
October 6, 2010. The EPA strongly encourages states that are unable to
submit approvable revised/new plans to request delegation of the
amended federal. The EPA has not received state plans or negative
declarations from 25 states and or territories. Eight states and or
territories have indicated they intend to accept delegation of the
federal plan.
    Today's action finalizes amendments to the HMIWI federal plan to
implement the amended EG adopted on October 6, 2009, for those states
that did not have an approved revised/new state plan in place by
October 6, 2011. Sections 111 and 129 of the CAA and 40 CFR 60.27(c)
and (d) require the EPA to develop, implement and enforce a federal
plan to cover existing HMIWI located in states that do not have an
approved plan within 2 years after promulgation of the EG (by October
6, 2011). The EPA is finalizing amendments to the HMIWI federal plan
now so that a promulgated federal plan will go into place for any such
states, and thus ensuring implementation and enforcement of the amended
HMIWI EG.
    The amended EG adopted on October 6, 2009, required improvements in
performance for 50 of the then operating 57 units.\1\ Incineration of
hospital/medical/infectious waste causes the release of a wide array of
air pollutants, some of which exist in the waste feed material and are
released unchanged during combustion, and some of which are generated
as a result of the combustion process itself. The EPA estimated a total
emissions reduction of 393,000 pounds per year of the regulated
pollutants from the 2009 EG, of which acid gases (i.e., HCl and
SO2) comprise about 62 percent, PM about 0.8 percent, CO
about 0.3 percent, NOX about 37 percent, and metals (i.e.,
Pb, Cd and Hg) and dioxins/furans about 0.2 percent. The EPA also
estimated that air pollution control devices that would be installed to
comply with the 2009 rule would also effectively reduce emissions of
pollutants such as polycyclic organic matter (POM) and polychlorinated
biphenyls (PCBs). The 2009 final rule's revised waste management plan
provisions encourage segregation of types of waste that lead to
reductions in emissions, such as chlorinated plastics and PCB-
containing wastes.
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    \1\ See 74 FR 51371-51375, 51396-51399, and 51399-51400 to
reference the regulatory background, summary of final rule changes,
and impacts of the amended EG adopted on October 6, 2009.
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C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, as amended, 42 U.S.C.
7411(d) and 7429(b)(3), authorize the EPA to develop and implement a
federal plan for HMIWI located in states with no approved and effective
state plan. The status of the state plans are outlined in the below
table.

                          Status of State Plans
------------------------------------------------------------------------
            Status                               States
------------------------------------------------------------------------
I. States with EPA-approved    Florida; Illinois; Indiana; West
 state plans.                   Virginia.

II. Anticipated states to      Connecticut; Michigan; Wisconsin.
 submit negative declarations
 to the EPA.
III. Negative declaration      Alabama; Jefferson County (Birmingham),
 submitted/EPA approved.        Alabama; Arkansas; Delaware; District of
                                Columbia; Iowa; Kentucky; Jefferson
                                County (Louisville), Kentucky;
                                Louisiana; Maine; Massachusetts; New
                                Hampshire; New York; Forsyth County
                                (Winston-Salem), North Carolina;
                                Buncombe County (Asheville), North
                                Carolina; Philadelphia County,
                                Pennsylvania; Puerto Rico; Rhode Island;
                                South Carolina; Vermont; Virginia.
IV. Final state plans          Maryland; Missouri; North Carolina; North
 submitted to the EPA.          Dakota.
V. Draft state plans
 submitted to the EPA.
VI. States for which the EPA   Huntsville, Alabama; Alaska, American
 has not received a draft or    Samoa; Arizona; Maricopa County,
 final plan or negative         Arizona; Pima County, Arizona; Pinal
 declaration.                   County, Arizona; California; Colorado;
                                Georgia; Guam; Hawaii; Kansas;
                                Mississippi; Montana; Nebraska; Nevada;
                                City of Albuquerque, New Mexico; New
                                Mexico; Mecklenburg County (Charlotte),
                                North Carolina; Ohio; Oklahoma; South
                                Dakota; Tennessee; Texas; Utah; Wyoming.
VII. Anticipated states to     Idaho; Minnesota; New Jersey; Oregon;
 accept delegation of federal   Pennsylvania; Allegheny County,
 plan.                          Pennsylvania; Virgin Islands;
                                Washington.
------------------------------------------------------------------------

    The above list shows which states have an EPA approved state plan
in effect by the date of signature of this notice. As Regional Offices
approve state plans, they will also, in the same action, amend the
appropriate subpart of 40 CFR part 62 to codify their approvals.
    The EPA will maintain a list of revised/new state plan submittals
and approvals on the TTN Air Toxics Web site at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html. The list will help HMIWI owners or
operators determine whether their HMIWI is affected by a state plan or
the federal plan.
    Owners and operators of HMIWI can also contact the EPA Regional
Office for the state in which their HMIWI is located to determine
whether there is an approved and effective revised/new state plan in
place. The following table lists the names, email addresses and
telephone numbers of the EPA Regional Office contacts and the states
and protectorates that they cover.

                        Regional Office Contacts
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                         Regional                           States and
       Region            contact            Phone         protectorates
------------------------------------------------------------------------
Region I...........  Patrick Bird,<PHONE_NUMBER>  Connecticut,
                      bird.patrick@e                      Massachusetts,
                      pa.gov.                             Maine, New
                                                          Hampshire,
                                                          Rhode Island,
                                                          Vermont.
Region II..........  Ted Gardella,<PHONE_NUMBER>  New York, New
                      gardella.antho                      Jersey, Puerto
<EMAIL_ADDRESS>                        Rico, Virgin
                                                          Islands.
Region III.........  Mike Gordon,<PHONE_NUMBER>  Virginia,
                      gordon.mike@ep                      Delaware,
                      a.gov.                              District of
                                                          Columbia,
                                                          Maryland,
                                                          Pennsylvania,
                                                          West Virginia.
Region IV..........  Stan Kukier,<PHONE_NUMBER>  Florida,
                      Kukier.stan@ep                      Georgia, North
                      a.gov.                              Carolina,
                                                          Alabama,
                                                          Kentucky,
                                                          Mississippi,
                                                          South
                                                          Carolina,
                                                          Tennessee.
Region V...........  Margaret<PHONE_NUMBER>  Minnesota,
                      Sieffert,                           Wisconsin,
                      sieffert.marga                      Illinois,
<EMAIL_ADDRESS>                       Indiana,
                                                          Michigan,
                                                          Ohio.
Region VI..........  Steve Thompson,<PHONE_NUMBER>  Arkansas,
                      thompson.steve                      Louisiana, New
                      @epa.gov.                           Mexico,
                                                          Oklahoma,
                                                          Texas.
Region VII.........  Lisa Hanlon,<PHONE_NUMBER>  Iowa, Kansas,
                      hanlon.lisa@ep                      Missouri,
                      a.gov.                              Nebraska.
Region VIII........  Kendra<PHONE_NUMBER>  Colorado,
                      Morrison,                           Montana, North
                      Morrison.kendr                      Dakota, South
<EMAIL_ADDRESS>                         Dakota, Utah,
                                                          Wyoming.
Region IX..........  Joseph Lapka,<PHONE_NUMBER>  Arizona,
                      lapka.joseph@e                      California,
                      pa.gov.                             Hawaii,
                                                          Nevada,
                                                          American
                                                          Samoa, Guam,
                                                          Northern
                                                          Mariana
                                                          Islands.
Region X...........  Heather Valdez,<PHONE_NUMBER>  Alaska, Idaho,
                      valdez.heather                      Oregon,
                      @epa.gov.                           Washington.
------------------------------------------------------------------------

D. What are the elements of the amended HMIWI Federal Plan?

    Section 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require states to develop and implement state plans for
HMIWI to implement and enforce the promulgated EG. Subparts B and Ce of
40 CFR part 60 require states to submit state plans that include
specified elements. Because this federal plan is being adopted in lieu
of state plans, it includes the same essential elements: (1)
Identification of legal authority and mechanisms for implementation;
(2) inventory of HMIWI; (3) emissions inventory; (4) emissions limits;
(5) compliance schedules; (6) public hearing; (7) testing, monitoring,
recordkeeping and reporting; (8) waste management plan; (9) operator
training and qualification; and (10) progress reporting. See 40 CFR
part 62, subparts HHH and sections 111 and 129 of the CAA. Each element
was discussed in detail as it relates to the federal plan in the
preamble of the proposed rule (77 FR 24272). The EPA received a total
of five public comments suggesting corrections to which states
submitted state plans or negative declarations and regulatory text
edits regarding visible emissions and annual inspections. A summary of
these comments and the EPA's responses is presented in section IV.
``Summary of Changes Since Proposal and Response to Public Comments''
of this preamble.

III. Affected Facilities

A. What is a HMIWI?

    The term ``HMIWI'' means any device that combusts any amount of
hospital waste and/or medical/infectious waste, as defined in 40 CFR
part 62, subpart HHH. Six types of combustion units,

which are listed in Sec.  62.14400 of subpart HHH, are conditionally
exempt from specific provisions of the currently promulgated 2000
federal plan and would continue to be so under today's final amended
federal plan.

B. Does the federal plan apply to me?

    Today's final amended federal plan will apply to you if you are the
owner or operator of a combustion device that combusts hospital waste
and/or medical/infectious waste (as defined in subpart HHH) and the
device is not covered by an approved and effective state plan as of
October 6, 2011. The federal plan will cover your HMIWI until the EPA
approves a state plan that covers your HMIWI and that plan becomes
effective.
    If you began the construction of your HMIWI on or before December
1, 2008, or began modification of your HMIWI on or before April 6,
2010, it is considered an existing HMIWI and could be subject to the
federal plan. If you began the construction of your HMIWI after
December 1, 2008, or began modification of your HMIWI after April 6,
2010, it is considered a new HMIWI and subject to the NSPS.
    Your existing HMIWI will be subject to this federal plan if, on the
effective date of the amended federal plan, the EPA has not approved
the revised/new state plan implementing the amended EG that covers your
unit or the EPA-approved state plan has not become effective. The
specific applicability of the currently promulgated federal plan is
described in 40 CFR 62.14400 through 62.14403 of subpart HHH, and
continues to apply, as amended, under the final revised federal plan.
The amended federal plan will become effective 30 days after final
promulgation of these amendments.
    Once an approved revised/new state plan is in effect, the final
amended federal plan will no longer apply to HMIWI covered by such
plan. An approved state plan is a plan developed by a state that the
EPA has reviewed and approved based on the requirements in 40 CFR part
60, subpart B, to implement and enforce 40 CFR part 60, subpart Ce. The
state plan is effective on the date specified in the notice published
in the Federal Register announcing the EPA's approval of the plan.
Today's promulgation of an amended HMIWI federal plan will not preclude
states from submitting a plan or seeking delegation of the federal
plan. If a state submits a plan after the promulgation of amendments to
the HMIWI federal plan, the EPA will review and approve or disapprove
the state plan. If the EPA approves a plan, then the amended HMIWI
federal plan will no longer apply to HMIWI covered by the state plan as
of the effective date of the state plan. If a HMIWI were overlooked by
a state and the state submitted a negative declaration letter, or if an
individual HMIWI were not covered by an approved and effective state
plan, the HMIWI will be subject to this final amended federal plan. If
a state or tribe intends to take delegation of the amended federal
plan, the state or tribe should submit to the appropriate EPA Regional
Office a written request for delegation of authority as described in
section VIII. B. ``Delegation of the Federal Plan and Retained
Authorities''.

C. How do I determine if my HMIWI is covered by an approved and
effective state plan?

    Part 62 of Title 40 of the CFR identifies the status of approval
and promulgation of section 111(d) and section 129 state plans for
designated facilities in each state. However, part 62 is updated only
once per year. Thus, if part 62 does not indicate that your state has
an approved and effective plan, you should contact your state
environmental agency's air director or your EPA Regional Office (see
table in section II.C of this preamble) to determine if approval
occurred since publication of the most recent version of part 62.

IV. Summary of Changes Since Proposal and Response to Public Comments

    Today's rules will be finalized as proposed except in several areas
that were revised for further clarification as a result of public
comments received. Furthermore, although the EPA did not receive
adverse comments on the schedule for sources to show they have met
increments of progress, the EPA has adjusted the schedule to account
for the timeframe of signature of this federal plan and not impose any
deadlines retroactively. The EPA received a total of five public
comments on the proposed amended federal plan rulemaking, one of which
was also inadvertently duplicated and submitted to the NSPS docket. No
public hearing was requested, and therefore, none was held. After
consideration of all the public comments received and due to the
extended timeframe for finalizing the rule, the EPA is making several
changes to the amended federal plan. The following section is a summary
of the public comments received, our responses and rationale for the
changes made. All of the public comments are located in the respective
dockets, which can be accessed by following the instructions outlined
in the ADDRESSES section of this preamble. Additional discussion on the
revisions to the schedule for increments of progress can be found in
section V.G. of this preamble.

A. State Plans and Negative Declarations

    Comment: A number of commenters identified inadvertent mistakes in
the table outlining the status of the state plan submittals at
proposal. Specifically, commenters identified that the state of Alabama
did submit to the EPA a formal letter of negative declaration declaring
that no HMIWI unit is located within the boundaries of the state.
Additionally, commenters identified that the states of Missouri and
North Carolina did in fact obtain state plan approval from the EPA.
Commenters further clarified that the state of Alaska withdrew their
letter of negative declaration submitted to the EPA in 2012.
    Response: The EPA agrees with the commenters and has corrected the
status of their state submittals in section II. C. of this final
preamble. The EPA will maintain a list of revised/new state plan
submittals and approvals on the TTN Air Toxics Web site at http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html.

B. Visible Ash Emissions Limitation

    Comment: One commenter highlighted that proposed section
62.14412(b) requires all HMIWI to not discharge visible emissions of
combustion ash from an ash conveying system to the atmosphere in excess
of 5 percent of the observation period. The commenter further
identified that the 2009 EG, by referencing the NSPS, only establishes
a visible emissions standard for combustion ash from an ash conveying
system for those sources defined in section 60.50c(a)(1) and (a)(2)
(large HMIWI for which construction commenced between June 20, 1996,
and December 1, 2008, or which modification commenced between March 16,
1998, and April 6, 2010), and 60.50c(a)(3) and (4) (i.e., those HMIWI
subject to the NSPS for which construction commenced after December 1,
2008, or for which modification commenced after April 6, 2010).
Existing sources, regulated under the EG and as defined in section
60.32e(a)(1) (HMIWI which construction was commenced on or before June
20, 1996, or for which modification was commenced on or before March
16, 1998), are not required to meet a visible emission standard for
combustion ash from an ash conveying system. The commenter requests
that the EPA

update the amendatory text by deleting section 62.14412(b) so that the
final federal plan reflects the EG.
    Response: The EPA agrees with the commenter's interpretation of
proposed section 62.14412(b) and the 2009 EG. Under the 1997 NSPS in
section 60.52c(c), new large HMIWI were subject to a 5 percent visible
emissions limit for fugitive emissions generated during ash handling.
To demonstrate compliance with this emissions limit, new large HMIWI
were required under section 60.56c(b)(12) to conduct annual performance
tests for fugitive emissions from ash handling using EPA Method 22. The
1997 EG, in sections 60.37e(a) and (b), did not apply this 5 percent
visible emissions limit requirement to existing HMIWI. As the commenter
points out, existing sources, as regulated under the 2009 EG and
defined in section 60.32e(a)(1), are not required to meet a visible
emission standard for combustion ash from an ash conveying system.
However, in the 2009 amendments to the EG in sections 60.37e(a)(2) and
(b)(2), the EPA did not carry forward the exclusion of the minimal
testing requirement to the other HMIWI that became subject to the
amended emission standards. The EPA explained the reasoning for this in
the preambles to the 2007 proposal and 2008 re-proposed EG stating that
the testing provision was selected to provide additional assurance that
sources continue to operate at the levels established during their
first performance test. Existing HMIWI will be required to measure
fugitive ash emissions during their next performance test.
Specifically, sections 60.37e(a)(2) and 60.37e(b)(2) of the 2009 EG
provide that facilities defined in section 60.32e(a)(1) and (a)(2)
subject to the emissions limits in section 60.33e(a)(2), 60.33e(a)(3)
and 60.33e(b)(2) would no longer be excluded from the requirement for a
one-time fugitive emissions test as listed in section 60.56c(b)(14) of
subpart Ec. In order for the final amended federal plan to be
consistent with the 2009 EG, the EPA is revising section 62.14412(b) in
the amendatory regulatory text to clarify that the visible emissions
limit only applies to HMIWI as defined in Sec.  62.14400(a)(2)(ii) and
utilizing a large HMIWI. Facilities that were already subject to the
visible emissions ash handling standard as new sources under the 1998
NSPS, but which are treated as existing sources under the 2009 EG,
remain subject to the limit.

C. Initial and Annual HMIWI Unit Inspection

    Comment: One commenter pointed out that section 62.14440(a) and
62.14441(a) and (b) only address initial and annual HMIWI inspection
requirements for small rural HMIWI; however section 60.36e(a) (EG)
requires each affected source under sections 60.33e(a)(2) and (a)(3) to
undergo equipment inspections. Furthermore, the commenter stated that
section 62.14463(a)(13) requires records be reported of the annual air
pollution control device inspections, any required maintenance and any
repairs not completed within 10 days of an inspection of the time frame
established by the EPA Administrator, or delegated enforcement
authority. The commenter requests that the EPA revise the amendatory
text so that the HMIWI inspection monitoring, recordkeeping and
reporting requirements are consistent within 40 CFR part 62 subpart HHH
and reflect the intent of 40 CFR part 60 subpart Ce.
    Response: The EPA agrees with the commenter's interpretation that
the proposed section 62.14440(a) and 62.1441(a) and (b) only address
initial and annual HMIWI inspection requirements for small rural HMIWI
and this is inconsistent with what is reflected in the EG at 60.36e.
The EG requires each affected source subject to emissions limitations
under sections 60.33e(b), 60.33e(a)(2) and 60.33e(a)(3) to undergo
HMIWI equipment and air pollution control device inspections. The EPA
has made minor revisions to sections 62.14440, 62.14441 and 62.14463 in
order to clarify that all units are required to conduct initial and
annual HMIWI equipment and air pollution control device inspections and
the inspections must be documented in a record and reported to the
agency. The recordkeeping and reporting requirements include
documenting and submitting to the Administrator or the delegated
authority any required maintenance and any repairs not completed within
10 days of an inspection. These revisions to the amended federal plan
will ensure consistency with the 2009 EG.

V. Summary of Final Amendments to HMIWI Federal Plan

    A summary of each amended plan element of the final amended federal
plan is described below. The table below lists each amended element and
identifies where it is located or codified.

------------------------------------------------------------------------
   Element of the HMIWI federal plan                 Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3), 111(d),
 mechanism.                               301(a), and 301(d)(4) of the
                                          CAA.
Inventory of affected HMIWI units......  Docket EPA-HQ-OAR-2011-0405.
Inventory of emissions.................  Docket EPA-HQ-OAR-2011-0405.
Emissions limits.......................  40 CFR 62.14410-62.14413.
Compliance schedules...................  40 CFR 62.14470-62.14472.
Operator training and qualification....  40 CFR 62.14420-62.14425.
Waste management plan..................  40 CFR 62.14430-62.14432.
Record of public hearings..............  Docket EPA-HQ-OAR-2011-0405.
Testing, monitoring, recordkeeping and   40 CFR 62.14440-62.14465.
 reporting.
Progress reports.......................  Section V.G. of this preamble.
------------------------------------------------------------------------

A. What are the final amendments to applicability?

    Today's action finalizes the amendments to applicability as
proposed. The amended federal plan reflects new dates defining what are
``existing'' and ``new'' sources for purposes of the revised 2009 NSPS
and EG. All HMIWI that complied with the 1997 EG (i.e., those units for
which construction commenced on or before June 20, 1996, or for which
modification commenced on or before March 16, 1998) are still
considered ``existing'' sources under the 2009 amended EG and are
required to meet the emissions limits by the applicable compliance date
for the amended EG. All HMIWI that complied with the 1997 NSPS (i.e.,
those units for which construction commenced after June 20, 1996, but
no later than December 1, 2008, or for which modification commenced
after March 16, 1998, but no later than April 6, 2010) are also
considered ``existing'' sources under the amended EG. Those HMIWI are
required to meet the emissions limits under the amended EG by the
applicable compliance date for the amended EG, except where the

corresponding 1997 NSPS is more stringent, in which case those HMIWI
are to continue to comply with the 1997 NSPS. In the interim, those
1997 NSPS sources that must meet the amended EG must continue to be
subject to the NSPS as promulgated in 1997 until the date for
compliance with the revised EG. Those units for which construction
commenced after the December 1, 2008, HMIWI proposal, or for which
modification commenced on or after April 6, 2010, are considered
``new'' units subject to more stringent revised NSPS emissions limits.

B. What are the final amendments to the emissions limits?

    Today's action finalizes the revised emissions limits as proposed.
The revised emissions limits mirror the 2009 EG emissions limits which
respond to a Court remand of the 1997 regulations and satisfies the 5-
year review requirement under CAA section 129(a)(5).
    Today's final action removes the SSM exemption from the 2000
federal plan at 40 CFR 62.14413, and finalizes that the emissions
limits apply at all times, for the same reasons as outlined in the 2009
EG at 74 FR 51375. Additionally, today's action finalizes two 1997 NSPS
emissions limits that are more stringent than the corresponding 2009
amended EG limits. As specified in the 2009 amended EG, those HMIWI
that previously complied with the 1997 NSPS and are now considered
existing units, would have to continue to comply with the more
stringent 1997 NSPS limits. Furthermore, as promulgated in the 2009
amendments to the EG, this final amended federal plan requires that
HMIWI as defined in sections 62.14400 conduct a one-time initial ash
handling fugitive emissions test using EPA Method 22 to provide
additional assurance that sources continue to operate at the levels
established during their initial performance test. Furthermore, units
as defined in Sec.  62.14400(a)(2)(ii) and utilizing a large HMIWI are
additionally required to demonstrate compliance with a 5 percent
visible emissions limit for fugitive emissions and test annually using
EPA Method 22. Lastly, as clarified in the 2009 amendments to the EG,
the EPA added additional columns to the emissions limits table in the
HMIWI federal plan to include averaging times and EPA reference test
methods.
    Table 1 of this preamble summarizes the amended EG emissions limits
in today's final rule.

 Table 1--Summary of EG Emissions Limits Promulgated in Response to the
                      Remand for Existing HMIWI \3\
------------------------------------------------------------------------
                                                                 Final
          Pollutant (units)                Unit size \1\       limit \2\
------------------------------------------------------------------------
HCl (ppmv)..........................  L.....................      6.6
                                      M.....................      7.7
                                      S.....................     44
                                      SR....................    810
CO (ppmv)...........................  L.....................     11
                                      M.....................      5.5
                                      S, SR.................     20
Pb (mg/dscm)........................  L.....................      0.036
                                      M.....................      0.018
                                      S.....................      0.31
                                      SR....................      0.50
Cd (mg/dscm)........................  L.....................      0.0092
                                      M.....................      0.013
                                      S.....................      0.017
                                      SR....................      0.11
Hg (mg/dscm)........................  L.....................      0.018
                                      M.....................      0.025
                                      S.....................      0.014
                                      SR....................      0.0051
PM (gr/dscf)........................  L.....................      0.011
                                      M.....................      0.020
                                      S.....................      0.029
                                      SR....................      0.038
Dioxins/furans, total (ng/dscm).....  L.....................      9.3
                                      M.....................      0.85
                                      S.....................     16
                                      SR....................    240
Dioxins/furans, TEQ (ng/dscm).......  L.....................      0.054
                                      M.....................      0.020
                                      S.....................      0.013
                                      SR....................      5.1
NOX (ppmv)..........................  L.....................    140
                                      M, S..................    190
                                      SR....................    130
SO2 (ppmv)..........................  L.....................      9.0
                                      M, S..................      4.2
                                      SR....................     55
Opacity (%).........................  L, M, S, SR...........      6.0
------------------------------------------------------------------------
\1\ L = Large (>500 lb/hr of waste); M = Medium (>200 to <=500 lb/hr of
  waste); S = Small (<=200 lb/hr of waste); SR = Small rural (small
  HMIWI >50 miles from boundary of nearest SMSA, burning <2,000 lb/wk of
  waste).
\2\ All emissions limits are reported as corrected to 7 percent oxygen.
\3\ The 2009 EG requires that the emissions limits as listed above in
  Table 1, regardless of a SSM event, be met at all times. However, in
  one provision of the NSPS, section 60.56c(d)(2), the EPA inadvertently
  failed to delete a SSM exemption we had intended to eliminate, and to
  better reflect the EPA's intent in the 2009 final rule, today's final
  action also amends that section of the NSPS to remove the accidentally
  retained SSM exemption. Please see section VI of this preamble.

C. What are the final amendments to the waste management plan
requirements?

    Today's action finalizes the waste management plan as proposed. The
amended federal plan's waste management plan provisions reflect the
2009 EG to promote the segregation of chlorinated plastics and PCB-
containing wastes and specify that commercial facilities train and
educate their clients to conduct their own waste segregation.

D. What are the final amendments to the inspection requirements?

    Today's action finalizes additional rule language that clarify
inspection requirements that all units are required to conduct HMIWI
equipment and air pollution control device inspections. The rule
requires that an initial inspection be conducted, and, starting 1 year
after that initial inspection, annual inspections must be completed,
documented in a record, and reported to the agency. The recordkeeping
and reporting requirements include documenting and submitting to the
Administrator or the delegated authority any required maintenance and
any repairs not completed within 10 days of an inspection. These
provisions reflect the amended 2009 EG.

E. What are the final amendments to the performance testing and
monitoring requirements?

    Today's action finalizes the testing and monitoring requirements as
proposed.
1. Performance Testing
    First, today's final amended federal plan requires that all HMIWI,
including small rural units, conduct initial performance tests for all
nine pollutants and opacity to demonstrate initial compliance with the
revised emissions limits and conduct annual performance tests on Co,
HCl, opacity and PM. The amended federal plan allows for less frequent
testing if the facility demonstrates that it is in compliance with the
emissions limits for three consecutive performance tests.
    Second, today's final amended federal plan requires existing HMIWI
to conduct a test to assess fugitive ash emissions during their next
performance test to provide additional assurance that sources continue
to operate at the levels established during their initial performance
test. Hospital/Medical/Infectious Waste Incinerators as defined in
section 62.14400(a)(2)(ii) and utilizing a large HMIWI are additionally
required to meet this provision annually in order to demonstrate
compliance with the 5 percent visible emissions limit.
    Third, today's final amended federal plan allows sources to use
results of their previous emissions tests to demonstrate initial
compliance with the revised emissions limits as long as the sources
certify that the previous test results are representative of current
operations. Only those sources who could not certify and/or whose
previous

emissions tests do not demonstrate compliance with one or more revised
emissions limits would be required to conduct another emissions test
for those pollutants. (Note that most sources were already required
under the 1997 EG to test for CO, HCl, opacity and PM on an annual
basis and those annual tests are still required.)
    Fourth, today's final amended federal plan incorporates by
reference two alternatives to EPA reference test methods, American
Society of Mechanical Engineers (ASME) PTC 19.10-1981 and American
Society for Testing and Materials International (ASTM) D6784-02)),
discussed further in section X.I. titled, ``National Technology
Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
    Today's final amended federal plan retains previous parameter
monitoring requirements and, as proposed, adds a parameter requirement
for those HMIWI expected to install selective noncatalytic reduction
(SNCR) systems in order to comply with the more stringent
NOX emissions limits. Those HMIWI installing SNCR technology
to comply with the NOX emissions limit are required to
continuously monitor the charge rate, secondary chamber temperature and
reagent (e.g., ammonia or urea) flow rate. Further, although existing
HMIWI equipped with fabric filters (FFs) are not required to install
bag leak detectors, use of bag leak detectors is an option for these
HMIWI.
    Although HMIWI units are not required to use CO, HCl, PM, Hg or
multi-metal continuous emissions monitoring systems (CEMS) or sorbent
trap biweekly Hg and dioxin/furan monitoring systems, such systems are
considered alternative monitoring requirements in lieu of annual
testing for all sources.
3. Electronic Data Submittal
    Today's action finalizes the electronic data submittal requirements
as proposed. The EPA is taking a step to increase the ease and
efficiency of data submittal and data accessibility. Hospital/Medical/
Infectious Waste Incinerator facilities have the option of submitting
to the EPA electronic database an electronic copy of annual stack test
reports. Hard-copy paper reporting will remain as an available option
for HMIWI facilities.
    As stated in the proposed preamble, should facilities choose the
option of electronic data submittal, the data will be collected through
an electronic emissions test report structure called the Electronic
Reporting Tool (ERT). The ERT will generate an electronic report which
will be submitted to the EPA's Central Data Exchange (CDX) through the
Compliance and Emissions Data Reporting Interface (CEDRI). A
description of the ERT can be found at: http://www.epa.gov/ttn/chief/ert/index.html and CEDRI can be accessed through the CDX Web site:
(www.epa.gov/cdx).
    The option to submit performance test data electronically to the
EPA does not create any additional performance testing requirements and
will only be an option for those performance tests conducted using test
methods that are supported by the ERT. A listing of the pollutants and
test methods supported by the ERT is available at the previously
mentioned ERT Web site. The EPA believes, through this flexible
approach, industry will save time in the performance test submittal
process. Should HMIWI choose the electronic reporting option, the
industry will benefit by cutting back on recordkeeping costs as the
performance test reports that are submitted to the EPA using CEDRI are
no longer required to be kept on-site.
    As mentioned in the proposed preamble, state, local and tribal
agencies will benefit from more streamlined and accurate review of
electronic data that will be available on the EPA WebFIRE database
(http://cfpub.epa.gov/webfire/). Additionally performance test data
will become available to the public through WebFIRE. Having such data
publicly available enhances transparency and accountability. The major
advantages of electronic reporting are more fully explained in the
preamble to the proposed rule (77 FR 24272).
    In summary, in addition to supporting regulation development,
control strategy development and other air pollution control
activities, having an option of an electronic database populated with
performance test data will save industry, state, local, tribal agencies
and the EPA significant time, money and effort while improving the
quality of emission inventories and the data used in developing air
quality regulations.

F. What are the final amendments to recordkeeping and reporting
requirements?

    Today's action finalizes the recordkeeping and reporting
requirements as proposed and clarifies which records and reports are
associated with unit and air pollution control device inspections.
1. Recordkeeping
    Today's final amended federal plan adds the requirement that owners
and operators must maintain records of the amount and type of
NOX reagent used, records of the annual unit and air
pollution control device inspections (including any maintenance), and a
description, included with each test report, of how operating
parameters were established during the initial performance test and re-
established during subsequent performance tests.
2. Reporting
    Today's final amended federal plan adds requirements for existing
HMIWI to submit, along with each test report, a description of how
operating parameters were established or re-established and submit
records of annual air pollution control device inspections (including
any maintenance).

G. What are the final amendments to the compliance schedule?

    Today's action finalizes the compliance schedule with revisions to
the proposed schedule. Today's final revised federal plan requires
owners or operators of HMIWI to either: (1) Come into compliance with
the plan within 1 year after the plan is promulgated; or (2) meet
increments of progress and come into compliance by October 6, 2014.
This final amended federal plan, includes as its compliance schedule
the same five increments of progress from 40 CFR 62.14470(b)(2), along
with defined and enforceable dates for completion of each increment.
    The EPA has determined it necessary to adjust the schedule for the
increments of progress to account for the timeframe of promulgation of
this federal plan and to avoid retroactive application of any of the
increment deadlines. The proposed rule would have set forth the first
two increments of progress deadline on October 6, 2012, and May 6,
2013, respectively. Since this federal plan will be finalized after the
October 6, 2012 date, the EPA revised the schedule for the first two
incremental deadlines. The EPA has set the first and second incremental
date to be 3 and 7 months following publication of this federal plan.
The EPA developed this schedule using EPA guidance drafted for enabling
states to draft state plans and set increments of progress. The 2010
State Implementation Guidance Document is available in this rulemaking
docket and through the EPA's TTN.
    The HMIWI owner or operator is responsible for meeting each of the
five increments of progress for each HMIWI no later than the applicable
compliance date. The owner or operator must notify the EPA as each
increment of progress

is achieved, as well as when any is missed. The notification must
identify the increment and the date the increment is achieved (or
missed). If an owner or operator misses an increment deadline, the
owner or operator must also notify the EPA when the increment is
finally achieved. The owner or operator must mail the notification to
the applicable EPA Regional Office within 10 business days after the
increment date defined in the amended federal plan. (See the table
under section II.C. of this document for a list of Regional Offices.)
    The definition of each increment of progress, along with its
required completion date, follows.
    Submit Final Control Plan. To meet this increment, the owner or
operator of each HMIWI must submit a plan that describes, at a minimum,
the air pollution control device and/or process changes that will be
employed so that each HMIWI complies with the emissions limits and
other requirements. A final control plan is not required for units that
will be shutdown.
    Completion Date: August 13, 2013.
    Award Contract. To award a contract means the HMIWI owner or
operator enters into legally binding agreements or contractual
obligations that cannot be canceled or modified without substantial
financial loss to the owner or operator. The EPA anticipates that the
owner or operator may award a number of contracts to complete the
retrofit. To meet this increment of progress, the HMIWI owner or
operator must award a contract or contracts to initiate on-site
construction, to initiate on-site installation of air pollution control
devices, and/or to incorporate process changes. The owner or operator
must mail a copy of the signed contract(s) to the EPA within 10
business days of entering the contract(s).
    Completion Date: December 13, 2013.
    Begin On-site Construction. To begin on-site construction,
installation of air pollution control devices or process change means
to begin any of the following:
    (1) Installation of an air pollution control device in order to
comply with the final emissions limits as outlined in the final control
plan;
    (2) Physical preparation necessary for the installation of an air
pollution control device in order to comply with the final emissions
limits as outlined in the final control plan;
    (3) Alteration of an existing air pollution control device in order
to comply with the final emissions limits as outlined in the final
control plan;
    (4) Alteration of the waste combustion process to accommodate
installation of an air pollution control device in order to comply with
the final emissions limits as outlined in the final control plan; or
    (5) Process changes identified in the final control plan in order
to meet the emissions standards.
    Completion Date: January 6, 2014.
    Complete On-site Construction. To complete on-site construction
means that all necessary air pollution control devices or process
changes identified in the final control plan are in place, on-site and
ready for operation on the HMIWI.
    Completion Date: August 6, 2014.
    Final Compliance. To be in final compliance means to incorporate
all process changes or complete retrofit construction in accordance
with the final control plan and to connect the air pollution control
equipment or process changes such that, if the HMIWI is brought online,
all necessary process changes or air pollution control equipment will
operate as designed.
    Completion Date: October 6, 2014.
    If a HMIWI does not achieve final compliance by October 6, 2014,
the final amended federal plan, requires the HMIWI to shutdown by
October 6, 2014, complete the retrofit while not operating and be in
compliance upon restarting. Shutdown is necessary in order to avoid
being out of compliance and subject to possible enforcement action.

H. What are the other final amendments?

    Today's action finalizes certain other amendments as proposed,
including amending and adding definitions for further clarification and
updating toxic equivalency factors (TEF).
1. Definitions
    Today's final action includes the following definitions:
     ``Minimum secondary chamber temperature'';
     ``Modification or modified HMIWI'';
     ``Bag leak detection system'';
     ``Commercial HMIWI''; and
     ``Minimum reagent flow rate.''
2. Toxicity Equivalence Factors
    Today's final amended federal plan incorporates the latest
revisions to the TEFs as listed in amended Table 2 to subpart HHH in
today's action. These revisions are a result of the January 6, 2011,
Federal Register notice, where the EPA announced the availability of
the final ``Recommended Toxicity Equivalence Factors (TEFs) for Human
Health Risk Assessments of 2,3,7,8-Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds'' (EPA/100/R-10/005).
    The revised methodology includes the following changes to TEFs that
HMIWI would use to determine compliance with the HMIWI dioxin/furan TEQ
emissions limits:

------------------------------------------------------------------------
                                       Toxicity equivalency factors
                                 ---------------------------------------
      Dioxin/furan congener                            Today's proposed
                                     1997 EG/2000        amendments to
                                     federal plan        federal plan
------------------------------------------------------------------------
1,2,3,7,8-pentachlorinated                     0.5                1
 dibenzo-p-dioxin...............
Octachlorinated dibenzo-p-dioxin               0.001              0.0003
2,3,4,7,8-pentachlorinated                     0.5                0.3
 dibenzofuran...................
1,2,3,7,8-pentachlorinated                     0.05               0.03
 dibenzofuran...................
Octachlorinated dibenzofuran....               0.001              0.0003
------------------------------------------------------------------------

VI. Summary of Final Amendments to HMIWI NSPS

A. What are the final amendments to the emissions limits?

    Today's action finalizes the NSPS amendments as proposed. The final
amendment to the HMIWI NSPS removes section 60.56c(d)(2) of subpart Ec
which excluded HMIWI units from having to comply with standards during
periods of SSM provided that no hospital waste or medical/infectious
waste was being charged to the unit during those SSM periods. The EPA
inadvertently failed to delete the SSM exemption we had intended to
eliminate in the 2009 NSPS. The 2009 EG and NSPS requires that the
emissions limits, regardless of a SSM event, be met at all times. To
better reflect the EPA's intent

in the 2009 final rule, today's final action also amends that section
of the NSPS to remove the accidentally retained SSM exemption.
    This action is necessary to make the NSPS continuously applicable,
as required under CAA section 302(k) and under the Court's 2008 Sierra
Club v. EPA ruling. Our rationale for this amendment was presented in
the October 6, 2009, final rule, at 74 FR 51368, 51375 and 51393-95
(October 6, 2009), and we hereby incorporate by reference that
rationale in order to complete the regulatory amendments we intended to
make at the time. Today's action also finalizes the removal of the SSM
exemption from the 2000 federal plan at 40 CFR 62.14413, and finalizes
the requirement that the emissions limits apply at all times, for the
same reasons.

VII. HMIWI That Have or Will Shutdown

A. Units That Plan To Close Rather Than Comply

    The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283. Under
today's final amended federal plan if, for compliance purposes, you
plan to permanently close your currently operating HMIWI, you must do
so by May 13, 2014. As described in the proposed preamble, the final
amendments will allow HMIWI owners or operators who are planning to
shutdown, the opportunity to petition the EPA for an extension beyond
the 1-year compliance date (but no later than October 6, 2014). An
example of a facility that might petition the EPA for such an extension
is a facility installing an on-site alternative waste treatment
technology. It is possible that installation cannot be completed within
1 year and the facility has no feasible waste disposal options other
than on-site incineration while the alternative technology is being
installed. The requirements for a petition for an extension to shutdown
under today's final federal plan will update the compliance date
requirements set forth at Sec.  62.14471 of subpart HHH.
    If you continue to operate your HMIWI 1 year after May 13, 2014,
then you must comply with the operator training and qualification
requirements and the inspection requirements of the plan by May 13,
2014. This requirement includes HMIWI that comply within 1 year, as
well as those that have been granted an extension beyond the 1-year
compliance date (i.e., HMIWI with extended retrofit schedules and HMIWI
granted an extension to shutdown after the 1-year compliance date). In
addition, while still in operation, you are subject to the same
requirements for Title V operating permits that apply to units that
will not shutdown.

B. Inoperable Units

    The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283.
Today's final amended federal plan, includes that in cases where a
HMIWI has already shutdown, has been rendered inoperable and does not
intend to restart, the HMIWI may be left off the source inventory in a
revised/new state plan or this final amended federal plan. A HMIWI that
has been rendered inoperable will not be covered by this amended
federal plan. The HMIWI owner or operator may do one of the following
to render a HMIWI inoperable: (1) Weld the waste charge door shut, (2)
remove stack (and by-pass stack, if applicable), (3) remove combustion
air blowers, or (4) remove burners or fuel supply appurtenances.

C. HMIWI That Have Shutdown

    The EPA did not receive any adverse comments on this provision and
is therefore finalizing this section as proposed at 77 FR 24283.
Today's final amended federal plan includes any HMIWI that are known to
have already shutdown (but are not known to be inoperable) in the
source inventory. These HMIWI should be identified in any revised/new
state plan submitted to the EPA.
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive HMIWI plans to restart
before the final compliance date, the owner or operator must submit a
control plan for the HMIWI and bring the HMIWI into compliance with the
applicable compliance schedule. Final compliance is required for all
pollutants and all HMIWI no later than the final compliance date.
2. Restarting After the Final Compliance Date
    Under this federal plan, as amended, a control plan is not needed
for inactive HMIWI that restart after the final compliance date.
However, before restarting, operators of these HMIWI would have to
complete the operator training and qualification requirements and
inspection requirements (if applicable) and complete any needed
retrofit or process modifications prior to restarting. Performance
testing to demonstrate compliance would be required within 180 days
after restarting. There is no need to show that the increments of
progress have been met since these steps would have occurred before
restart while the HMIWI was shutdown and not generating emissions. A
HMIWI that operates out of compliance after the final compliance date
would be in violation of the final amended federal plan and subject to
enforcement action.

VIII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. Under
sections 111(d) and 129(b) of the CAA, the EPA is required to adopt EG
that are applicable to existing solid waste incineration sources. These
EG are not enforceable until the EPA approves a state plan or adopts a
federal plan that implements and enforces them and the state or federal
plan has become effective. As discussed above, the federal plan
regulates HMIWI in states that do not have approved plans in effect to
implement the amended EG.
    Congress has determined that the primary responsibility for air
pollution prevention and control rests with state and local agencies.
(See section 101(a)(3) of the CAA.) Consistent with that overall
determination, Congress established sections 111 and 129 of the CAA
with the intent that the state and local agencies take the primary
responsibility for ensuring that the emissions limitations and other
requirements in the EG are achieved. Also, in section 111(d) of the
CAA, Congress explicitly required that the EPA establish procedures
that are similar to those under section 110(c) for state implementation
plans. Although Congress required the EPA to propose and promulgate a
federal plan for states that fail to submit approvable state plans on
time, states may submit approvable revised/new plans after promulgation
of the amended HMIWI federal plan. The EPA strongly encourages states
that are unable to submit approvable revised/new plans to request
delegation of the amended federal plan so that they can have primary
responsibility for implementing the revised EG, consistent with the
intent of Congress.
    Approved and effective revised/new state plans or delegation of the
amended federal plan is the EPA's preferred outcome because the EPA
believes that state and local agencies not only have

the responsibility to carry out the revised EG but also have the
practical knowledge and enforcement resources critical to achieving the
highest rate of compliance. For these reasons, the EPA will do all that
it can to expedite delegation of the amended federal plan to state and
local agencies, whenever possible, in cases where states are unable to
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

    The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. As
similarly described in the 2000 federal plan, if a state or tribe
intends to take delegation of the amended federal plan, the state or
tribe should submit to the appropriate EPA Regional Office a written
request for delegation of authority. The state or tribe should explain
how it meets the criteria for delegation. See generally ``Good
Practices Manual for Delegation of NSPS and NESHAP'' (EPA, February
1983). The letter requesting delegation of authority to implement the
amended federal plan should: (1) Demonstrate that the state or tribe
has adequate resources, as well as the legal and enforcement authority
to administer and enforce the program, (2) include an inventory of
affected HMIWI units, which includes those that have ceased operation
but have not been dismantled, include an inventory of the affected
units' air emissions and a provision for state progress reports to the
EPA, (3) certify that a public hearing is held on the state delegation
request, and (4) include a memorandum of agreement between the state or
tribe and the EPA that sets forth the terms and conditions of the
delegation, the effective date of the agreement, and the mechanism to
transfer authority. Upon signature of the agreement, the appropriate
EPA Regional Office would publish an approval notice in the Federal
Register, thereby incorporating the delegation of authority into the
appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state or tribe, the EPA will
implement the amended federal plan. Also, if a state or tribe fails to
properly implement a delegated portion of the amended federal plan, the
EPA will assume direct implementation and enforcement of that portion.
The EPA will continue to hold enforcement authority along with the
state or tribe even when a state or tribe has received delegation of
the amended federal plan. In all cases where the amended federal plan
is delegated, the EPA will retain and will not transfer authority to a
state or tribe to approve the following items that include additional
items to those listed in the 2000 federal plan as to correspond to
those changes promulgated in the 2009 HMIWI rules:
    (1) Alternative site-specific operating parameters established by
facilities using HMIWI controls other than a wet scrubber, dry scrubber
followed by a FF, or dry scrubber followed by a FF and wet scrubber;
    (2) Alternative methods of demonstrating compliance, including the
following methods outlined in the October 6, 2009, amendments to the
HMIWI EG:
     Approval of CEMS for PM, HCl, multi-metals and Hg where
used for purposes of demonstrating compliance;
     Approval of continuous automated sampling systems for
dioxin/furan and Hg where used for purposes of demonstrating
compliance; and
     Approval of major alternatives to test methods;
    (3) Approval of major alternatives to monitoring (added in 2009
amended EG);
    (4) Waiver of recordkeeping requirements (added in 2009 amended
EG); and
    (5) Performance test and data reduction waivers under 40 CFR
60.8(b) (added in 2009 amended EG).
    Retaining what was established in the 2000 federal plan, today's
final amended federal plan also specifies that HMIWI owners or
operators who wish to establish alternative operating parameters,
alternative methods of demonstrating compliance, major alternatives to
monitoring, waiver of recordkeeping requirements or performance test
and data reduction waivers should submit a request to the Regional
Office Administrator with a copy to the appropriate state.

C. Mechanisms for Transferring Authority

    The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as proposed at 77 FR 24284. There are
two mechanisms for transferring implementation authority to state and
local agencies: (1) the EPA approval of a revised/new state plan after
the amended federal plan is in effect; and (2) if a state does not
submit or obtain approval of its own revised/new plan, the EPA
delegation to a state of the authority to implement certain portions of
this amended federal plan to the extent appropriate and if allowed by
state law. Both of these options are the same as those first outlined
in the 2000 federal plan and are described in more detail below.
1. Federal Plan Becomes Effective Prior To Approval of a State Plan
    After HMIWI in a state become subject to the amended federal plan,
the state or local agency may still adopt and submit a revised/new plan
to the EPA. If the EPA determines that the revised/new state plan is as
protective as the revised EG, the EPA will approve the revised/new
state plan. If the EPA determines that the plan is not as protective as
the revised EG, the EPA will disapprove the plan and the HMIWI covered
in the state plan would remain subject to the amended federal plan
until a revised state plan covering those HMIWI is approved and
effective. Prior to disapproval, the EPA will work with states to
attempt to reconcile areas of the plan that remain not as protective as
the revised EG.
    Upon the effective date of a revised/new state plan, the amended
federal plan would no longer apply to HMIWI covered by such a plan and
the state or local agency would implement and enforce the revised/new
state plan in lieu of the amended federal plan. When an EPA Regional
Office approves a revised/new state plan, it will amend the appropriate
subpart of 40 CFR part 62 to indicate such approval.
2. State Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to state agencies the
authority to implement this amended federal plan. As discussed above,
the EPA believes that it is advantageous and the best use of resources
for state or local agencies to agree to undertake, on the EPA's behalf,
administrative and substantive roles in implementing the amended
federal plan to the extent appropriate and where authorized by state
law. If a state requests delegation, the EPA will generally delegate
the entire amended federal plan to the state agency. These functions
include administration and oversight of compliance reporting and
recordkeeping requirements, HMIWI inspections and preparation of draft
notices of violation but will not include any authorities retain by the
EPA. State agencies that have taken delegation, as well as the EPA,
will have responsibility for bringing enforcement actions against
sources violating federal plan provisions.

D. Implementing Authority

    The EPA did not receive any adverse comments on this section and is
therefore finalizing this section as

proposed at 77 FR 24285. The EPA Regional Administrators have been
delegated the authority for implementing the HMIWI federal plan
amendments. All reports required by these amendments to the federal
plan should be submitted to the appropriate Regional Office
Administrator. Section II.C. of this preamble includes a table that
lists names and addresses of the EPA Regional Office contacts and the
states they cover.

IX. Title V Operating Permits

    The EPA did not receive any comments on this section and is
therefore finalizing this section as proposed at 77 FR 24285. All
existing HMIWI regulated under state or federal plans implementing the
1997 EG and any HMIWI that was regulated under the 1997 NSPS should
have already applied for and obtained Title V operating permits, as
required under the EG. Title V operating permits assure compliance with
all applicable federal requirements for HMIWI, including all applicable
CAA section 129 requirements. (See 40 CFR 70.2,70.6(a)(1), 71.2 and
71.6(a)(1).) Title V operating permits for the above-noted sources may,
however, need to be reopened to incorporate the requirements of a
revised/new state plan, this amended federal plan or more stringent
NSPS requirements.
    For more background information on the interface between CAA
section 129 and Title V, including the EPA's interpretation of CAA
section 129(e), as well as information on submitting Title V permit
applications, updating existing Title V permit applications and
reopening existing Title V permits, see the final Federal Plan for
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68
FR 57518, 57532). See also the final Federal Plan for Hospital Medical
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).
    As described in the April 23, 2012 proposal, today's final amended
federal plan maintains the 2000 federal plan approach, specifying that
owners or operators of HMIWI that burn only pathological waste, low-
level radioactive waste and/or chemotherapeutic waste and co-fired
combustors, as defined in Sec.  62.14490 of subpart HHH, must comply
only with certain recordkeeping and reporting requirements set forth in
today's final amended federal plan. (See Sec.  62.14400.) These HMIWI
and co-fired combustors would not be subject to the emissions control-
related requirements of the amended federal plan as long as they comply
with the recordkeeping and reporting requirements, including
maintaining records for five years, set forth as conditions for their
exemption. As described in the April 23, 2012 proposal, the EPA or
delegated enforcement authority will maintain facilities' exemption
claims for as long as the source is operating under such exempt status.
    Consistent with the 2000 federal plan, owners and operators of
these sources as listed above would not be required to obtain Title V
operating permits as a matter of federal law if the only reason they
would potentially be subject to Title V is these non-emissions control-
related recordkeeping and reporting requirements. (See Sec.  62.14480.)
Originally explained in the 2000 federal plan, today's rule maintains
that owners and operators of HMIWI that burn only pathological waste,
low-level radioactive waste and/or chemotherapeutic waste and co-fired
combustors that do not comply with the recordkeeping and reporting
requirements necessary to qualify for exemption from the other
requirements of the amended federal plan would become subject to those
other requirements and would have to obtain Title V permits. Moreover
as stated in the 2000 federal plan and again in today's final rule, if,
in the future, the EPA promulgates regulations subjecting any of these
sources to requirements other than these recordkeeping and reporting
requirements, these sources could become subject to Title V at that
time.

A. Title V and Delegation of a Federal Plan

    We have previously stated that issuance of a Title V permit is not
equivalent to the approval of a state plan or delegation of a federal
plan.\2\ Legally, delegation of a standard or requirement results in a
delegated state or tribe standing in for the EPA as a matter of federal
law. This means that obligations a source may have to the EPA under a
federally promulgated standard become obligations to a state (except
for functions that the EPA retains for itself) upon delegation.\3\
Although a state or tribe may have the authority under state or tribal
law to incorporate section 111/129 requirements into its Title V
permits, and implement and enforce these requirements in these permits
without first taking delegation of the section 111/129 federal plan,
the state or tribe is not standing in for the EPA as a matter of
federal law in this situation. Where a state or tribe does not take
delegation of a section 111/129 federal plan, obligations that a source
has to the EPA under the federal plan continue after a Title V permit
is issued to the source. As a result, the EPA continues to maintain
that an approved part 70 operating permits program cannot be used as a
mechanism to transfer the authority to implement and enforce the
federal plan from the EPA to a state or tribe.
---------------------------------------------------------------------------

    \2\ See, e.g., the ``Title V and Delegation of a Federal Plan''
section of the proposed federal plan for Commercial Industrial Solid
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652).
The preamble language from this section in the proposed federal plan
for CISWI was reaffirmed in the final federal plan for CISWI,
October 3, 2003 (68 FR 57518, 57535).
    \3\ If the Administrator chooses to retain certain authorities
under a standard, those authorities cannot be delegated, e.g.,
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state or tribe may have the authority under
state or tribal law to incorporate section 111/129 requirements into
its Title V permits, and implement and enforce these requirements in
that context without first taking delegation of the section 111/129
federal plan.\4\ Some states or tribes, however, may not be able to
implement and enforce a section 111/129 standard in a Title V permit
until the section 111/129 standard has been delegated. In these
situations, a state or tribe should not issue a part 70 permit to a
source subject to a federal plan before taking delegation of the
section 111/129 federal plan.
---------------------------------------------------------------------------

    \4\ The EPA interprets the phrase ``assure compliance'' in
section 502(b)(5)(A) to mean that permitting authorities will
implement and enforce each applicable standard, regulation or
requirement which must be included in the Title V permits the
permitting authorities issue. See definition of ``applicable
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and
70.6(a)(1).
---------------------------------------------------------------------------

    If a state or tribe can provide an Attorney General's (AG's)
opinion delineating its authority to incorporate section 111/129
requirements into its Title V permits, and then implement and enforce
these requirements through its Title V permits without first taking
delegation of the requirements, then a state or tribe does not need to
take delegation of the section 111/129 requirements for purposes of
Title V permitting.\5\ In practical terms, without approval of a state
or tribal plan, delegation of a federal plan, or an adequate AG's
opinion, states and tribes with approved part 70 permitting programs
open themselves up to potential questions regarding their

authority to issue permits containing section 111/129 requirements and
to assure compliance with these requirements. Such questions could lead
to the issuance of a notice of deficiency for a state's or tribe's part
70 program. As a result, prior to a state or tribal permitting
authority drafting a part 70 permit for a source subject to a section
111/129 federal plan, the state or tribe, the EPA Regional Office and
source in question are advised to ensure that delegation of the
relevant federal plan has taken place or that the permitting authority
has provided to the EPA Regional Office an adequate AG's opinion.
---------------------------------------------------------------------------

    \5\ It is important to note that an AG's opinion submitted at
the time of initial Title V program approval is sufficient if it
demonstrates that a state or tribe has adequate authority to
incorporate CAA section 111/129 requirements into its Title V
permits and to implement and enforce these requirements through its
Title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's
opinion and not take delegation of a federal plan, a section 111/129
source subject to the federal plan in that state must simultaneously
submit to both the EPA and the state or tribe all reports required by
the standard to be submitted to the EPA. Given that these reports are
necessary to implement and enforce the section 111/129 requirements
when they have been included in Title V permits, the permitting
authority needs to receive these reports at the same time as the EPA.
    In the situation where a permitting authority chooses to rely on an
AG's opinion and not take delegation of a federal plan, the EPA
Regional Offices will be responsible for implementing and enforcing
section 111/129 requirements outside of any Title V permits. Moreover,
in this situation, the EPA Regional Offices will continue to be
responsible for developing progress reports and conducting any other
administrative functions required under this federal plan or any other
section 111/129 federal plan. See the section V.G. of this preamble
titled ``What are the final amendments to the compliance schedule?''.
    It is important to note that the EPA is not using its authority
under 40 CFR part 70.4(i)(3) to request that all states and tribes
which do not take delegation of this federal plan submit supplemental
AG's opinions at this time. However, the EPA Regional Offices shall
request, and permitting authorities shall provide, such opinions when
the EPA questions a state's or tribe's authority to incorporate section
111/129 requirements into a Title V permit and implement and enforce
these requirements in that context without delegation.

X. Statutory and Executive Order Reviews

    This section addresses the following administrative requirements:
Executive Orders 12866 and 13563, 13132, 13175, 13045, 13211 and 12898,
PRA, RFA, UMRA and the NTTAA. This two-part action finalizes an amended
federal plan and finalizes amendments to the 2009 NSPS. Since this
final amended federal plan rule merely implements the amended HMIWI EG
promulgated on October 6, 2009 (codified at 40 part 60, subpart Ce) as
they apply to HMIWI and the final NSPS amendments clarify the EPA's
original intent removing the SSM exemption in the final NSPS rule
October 6, 2009 (codified at 40 part 60, subpart Ec) and does not
impose any new requirements, much of the following discussion of
administrative requirements refers to the documentation of applicable
administrative requirements in the preamble to the 2009 rule
promulgating the amended EG and NSPS (74 FR 51368-51402, October 6,
2009).

A. Executive Order 12866 and 13563: Regulatory Planning and Review

    This final action is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735; October 4, 1993) and
is, therefore, not subject to review under the Executive Orders 12866
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden.
This action finalizes amendments to the HMIWI federal plan to implement
the amended EG adopted on October 6, 2009, for those states that do not
have an approved revised/new state plan implementing the EG.
Additionally, this action also finalizes amendments to the NSPS to
better reflect the EPA's original intent in the October 6, 2009, final
rule in eliminating an exemption during SSM periods from the
requirement to comply with standards at all times. However, the OMB has
previously approved the information collection requirements contained
in the existing regulations 40 CFR part 60 subparts CE and EC under the
provisions on the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and
has assigned OMB Control Number 2060-0422. The OMB Control Numbers for
EPA's regulation in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities
(SISNOSE). Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final action on small
entities, small entity is defined as follows: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. During the
2009 HMIWI EG rulemaking, the EPA estimated that a substantial number
of small entities would not be significantly impacted by the
promulgated EG. (See 74 FR at 51400-51401.) This final rule will not
impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This final action does not contain a federal mandate that may
result in expenditures of $100 million or more for state and local
governments, in the aggregate, or the private sector in any one year.
In the preamble to the 2009 EG, the national total cost to comply with
the final rule was estimated to be approximately $15.5 million in each
of the first 3 years of compliance. This final federal plan, as
amended, will apply to only a subset of the units considered in the
cost analysis for the EG, and less than 10 percent of the units
nationwide are state or locally owned. Thus, this rule is not subject
to the requirements of sections 202 or 205 of the UMRA.
    This rule is also not subject to the requirements of section 203 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The EPA has
determined that the final rule contains no regulatory requirements that
might significantly or uniquely affect small governments because, as
noted above, the burden is small and the regulation does not unfairly
apply to small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national

government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. This final action will not impose substantial
direct compliance costs on state or local governments and will not
preempt state law. Thus, Executive Order 13132 does not apply to this
proposed action.
    In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicited comments on the April 23,
2012, proposal from state and local officials. The EPA did not receive
any comments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This final action does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). The EPA is
not aware of any HMIWI owned or operated by Indian tribal governments.
Thus, Executive Order 13175 does not apply to this final action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885; April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
final action is not subject to Executive Order 13045 because it is
based solely on technology performance.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This final action is not subject to Executive Order 13211 (66 FR
28355 (May 22, 2001)), because it is not a significant regulatory
action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA, Public Law 104-113 (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,
through OMB, explanations when the EPA decides not to use available and
applicable VCS.
    This final rulemaking involves technical standards. The EPA
finalizes to use two VCS in today's action. One VCS, ASME PTC 19.10-
1981, ``Flue and Exhaust Gas Analyses,'' is cited in the 2009 EG and
the final rule, as proposed, for its manual method of measuring the
content of the exhaust gas as an acceptable alternative to EPA Method
3B of appendix A-2. This standard is available from the ASME, P.O. Box
2900, Fairfield, NJ 07007-2900; or Global Engineering Documents, Sales
Department, 15 Inverness Way East, Englewood, CO 80112.
    Another VCS, ASTM D6784-02, ``Standard Test Method for Elemental,
Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-
Fired Stationary Sources (Ontario Hydro Method),'' is cited in the 2009
EG and the final rule, as proposed, as an acceptable alternative to EPA
Method 29 of appendix A-8 (portion for Hg only) for measuring Hg. This
standard is available from the ASTM International, 100 Barr Harbor
Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
    As discussed in the April 23, 2012, proposed rule preamble, while
the EPA has identified 16 VCS as being potentially applicable to the
final rule, we have decided not to use these VCS in this rulemaking.
The use of these VCS would be impractical because they do not meet the
objectives of the standards cited in this final rule. See the docket
for the 2009 EG (Docket ID Number EPA-HQ-OAR-2006-0534), which is being
implemented under today's final action, for the reasons for these
determinations.
    Under 40 CFR 62.14495, the EPA Administrator retains the authority
of approving alternative methods of demonstrating compliance as
established under 40 CFR 60.8(b) and 60.13(i) of 40 CFR part 60,
subpart A (NSPS General Provisions). A source may apply to the EPA for
permission to use alternative test methods or alternative monitoring
requirements in place of any required EPA test methods, performance
specifications or procedures.
    The EPA did not receive any comments on this aspect of the proposed
rulemaking.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice (EJ) in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629; Feb. 16, 1994) establishes
federal executive policy on EJ. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make EJ part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of their programs, policies and activities on
minority populations and low-income populations in the United States.
    The EPA has determined that this final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    This final action implements national standards in the 2009
amendments to the HMIWI EG that would result in reductions in emissions
of Cd, CO, dioxins/furans, HCl, Pb, Hg, NOX, PM and
SO2 from all HMIWI and thus decrease the amount of such
emissions to which all affected populations are exposed.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C., 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a report, which includes a copy of
the rule, to each House of Congress and to the Comptroller General of
the United States. The EPA will submit a report containing this final
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of this final rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C., 804(2). This final rule will be effective on June 12, 2013.

List of Subjects

 40 CFR Part 60

    Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

40 CFR Part 62

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: April 4, 2013
Bob Perciasepe,
Acting Administrator.

    For reasons set out in the preamble, 40 CFR parts 60 and 62 are
amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES:
HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS

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1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

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2. The subpart heading for subpart Ec is revised to read as follows:

Subpart Ec--Standards of Performance for New Stationary Sources:
Hospital/Medical/Infectious Waste Incinerators

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3. Section 60.56c is amended by revising the first sentence of
paragraph (d)(2) to read as follows:

Sec.  60.56c  Compliance and performance testing.

* * * * *
    (d) * * *
    (2) Following the date on which the initial performance test is
completed or is required to be completed under Sec.  60.8, whichever
date comes first, ensure that the affected facility does not operate
above any of the applicable maximum operating parameters or below any
of the applicable minimum operating parameters listed in table 3 of
this subpart and measured as 3-hour rolling averages (calculated each
hour as the average of the previous 3 operating hours) at all times. *
* *
* * * * *

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

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4. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

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5. The subpart heading for subpart HHH is revised to read as follows:

Subpart HHH--Federal Plan Requirements for Hospital/Medical/
Infectious Waste Incinerators Constructed On Or Before December 1,
2008

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6. Section 62.14400 is amended by revising paragraphs (a) introductory
text, (a)(2), and (c) to read as follows:

Sec.  62.14400  Am I subject to this subpart?

    (a) You are subject to this subpart if paragraphs (a)(1), (2)(i) or
(ii), and (3) of this section are all true:
* * * * *
    (2)(i) Construction of the HMIWI commenced on or before June 20,
1996, or modification of the HMIWI commenced on or before March 16,
1998; or
    (ii) Construction of the HMIWI commenced after June 20, 1996 but no
later than December 1, 2008, or modification of the HMIWI commenced
after March 16, 1998 but no later than April 6, 2010; and
* * * * *
    (c) Owners or operators of sources that qualify for the exemptions
in paragraphs (b)(1) or (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 (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 (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 (2) of this section must be maintained by the EPA or
delegated enforcement authority for as long as the source is operating
under such exempt status. 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).

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7. Section 62.14401 is revised to read as follows:

Sec.  62.14401  How do I determine if my HMIWI is covered by an
approved and effective State or Tribal plan?

    This part (40 CFR part 62) contains a list of all states and tribal
areas with approved Clean Air Act (CAA) 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. A state may also meet its CAA section 111(d)/129 obligations by
submitting an acceptable written request for delegation of the federal
plan that meets the requirements of this section. This is the only
other option for a state to meet its 111(d)/129 obligations.
    (a) An acceptable Federal plan delegation request must include the
following:
    (1) A demonstration of adequate resources and legal authority to
administer and enforce the Federal plan.
    (2) The items under Sec. Sec.  60.25(a) and 60.39e(c).
    (3) Certification that the hearing on the state delegation request,
similar to the hearing for a state plan submittal, was held, a list of
witnesses and their organizational affiliations, if any, appearing at
the hearing, and a brief written summary of each presentation or
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the
Regional Administrator who sets forth the terms, conditions and
effective date of the delegation and that serves as the mechanism for
the transfer of authority. Additional guidance and information is given
in the EPA's Delegation Manual, Item 7-139, Implementation and
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) Federal plans.
    (b) A state with an already approved HMIWI CAA section 111(d)/129
state plan is not precluded from receiving EPA approval of a delegation
request for the revised Federal plan, providing the requirements of
paragraph (a) of this section are met, and at the time of the
delegation request, the state also requests withdrawal of the EPA's
previous state plan approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from
its obligations under Title V of the CAA.

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8. Section 62.14402 is revised to read as follows:

Sec.  62.14402  If my HMIWI is not listed on the Federal plan
inventory, am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are
not limited to, the inventory of sources listed in Docket ID Number
EPA-HQ-OAR-2011-0405 for the federal plan. Review the applicability of
Sec.  62.14400 to determine if you are subject to this subpart.

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9. Section 62.14403 is revised to read as follows:

Sec.  62.14403  What happens if I modify an existing HMIWI?

    (a) If you commenced modification (defined in 40 CFR 62.14490) of
an existing HMIWI after April 6, 2010, you are subject to 40 CFR part
60, subpart Ec (40 CFR 60.50c through 60.58c), as amended, 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), as amended. You
remain subject to this subpart.

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10. Section 62.14412 is revised to read as follows:

Sec.  62.14412  What stack opacity and visible emissions requirements
apply?

    (a) Your HMIWI (regardless of size category) must not discharge
into the atmosphere from the stack any gases that exhibit greater than
6 percent opacity (6-minute block average).
    (b) Your HMIWI as defined in Sec.  62.14400(a)(2)(ii) and utilizing
a large HMIWI must not discharge into the atmosphere visible emissions
of combustion ash from an ash conveying system (including conveyor
transfer points) in excess of 5 percent of the observation period
(i.e., 9 minutes per 3-hour period), as determined by EPA Reference
Method 22 of 40 CFR part 60, appendix A-7, except as provided in
paragraphs (b)(1) and (2) of this section.
    (1) The emissions limit specified in paragraph (b) of this section
does not cover visible emissions discharged inside buildings or
enclosures of ash conveying systems; however, the emissions limit does
cover visible emissions discharged to the atmosphere from buildings or
enclosures of ash conveying systems.
    (2) The provisions specified in paragraph (b) of this section do
not apply during maintenance and repair of ash conveying systems.
Maintenance and/or repair must not exceed 10 operating days per
calendar quarter unless you obtain written approval from the state
agency establishing a date when all necessary maintenance and repairs
of ash conveying systems are to be completed.

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11. Section 62.14413 is revised to read as follows:

Sec.  62.14413  When do the emissions limits and stack opacity and
visible emissions requirements apply?

    The emissions limits, stack opacity, and visible emissions
requirements of this subpart apply at all times.

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12. Section 62.14422 is amended by revising paragraph (a)(13) and
adding paragraph (a)(14) to read as follows:

Sec.  62.14422  What are the requirements for a training course that is
not part of a State-approved program?

    (a) * * *
    (13) Recordkeeping requirements; and
    (14) Training in waste segregation according to Sec.  62.14430(c)
* * * * *

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13. Section 62.14425 is amended by revising paragraph (b) to read as
follows:

Sec.  62.14425  When must I review the documentation?

* * * * *
    (b) You must conduct your initial review of the information listed
in Sec.  62.14424 by [date 6 months after publication of final rule],
or prior to assumption of responsibilities affecting HMIWI operation,
whichever is later.
* * * * *

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14. Section 62.14431 is revised to read as follows:

Sec.  62.14431  What must my waste management plan include?

    (a) 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, elements such as
segregation and recycling of paper, cardboard, plastics, glass,
batteries, food waste and metals (e.g., aluminum cans, metals-
containing devices); segregation of non-recyclable wastes (e.g.,
polychlorinated biphenyl-containing waste, pharmaceutical waste, and
mercury-containing waste such as dental waste); and 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 emissions 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 (AHA) publication titled ``Ounce of Prevention:
Waste Reduction Strategies for Health Care Facilities.'' This
publication (AHA Catalog Number 057007) is available for purchase from
AHA Services, Inc., Post Office Box 933283, Atlanta, Georgia 31193-
3283.
    (b) If you own or operate commercial HMIWI, you must conduct
training and education programs in waste segregation for each of your
waste generator clients and ensure that each client prepares its own
waste management plan that includes, but is not limited to, the
provisions listed in this section.
    (c) If you own or operate commercial HMIWI, you must conduct
training and education programs in waste segregation for your HMIWI
operators.

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15. Section 62.14432 is revised to read as follows:

Sec.  62.14432  When must my waste management plan be completed?

    As specified in Sec. Sec.  62.14463 and 62.14464, you must submit
your waste management plan with your initial report, which is due 60
days after you demonstrate initial compliance with the amended
emissions limits, by conducting an initial performance test or
submitting the results of previous emissions tests, provided the
conditions in Sec.  62.14451(e) are met.

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16. Section 62.14440 is revised to read as follows:

Sec.  62.14440  Which HMIWI are subject to inspection requirements?

    (a) All HMIWI, including small rural HMIWI (defined in Sec.
62.14490) and each HMIWI (subject to emissions limits and visible
emissions requirements in Sec. Sec.  62.14411 and 62.14412) are subject
to the HMIWI equipment inspection requirements.
    (b) All HMIWI equipped with one or more air pollution control
devices are subject to the air pollution control device inspection
requirements.

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17. Section 62.14441 is revised to read as follows:

Sec.  62.14441  When must I inspect my HMIWI equipment and air
pollution control devices?

    (a) You must inspect your large, medium, small or small rural HMIWI
equipment by May 13, 2014.
    (b) You must conduct inspections of your large, medium, small or
small rural HMIWI equipment as outlined in Sec.  62.14442(a) annually
(no more than 12 months following the initial inspection or previous
annual HMIWI equipment inspection).
    (c) You must inspect the air pollution control devices on your
large, medium, small or small rural HMIWI by May 13, 2014.
    (d) You must conduct the air pollution control device inspections
on your large, medium, small or small rural HMIWI as outlined in Sec.
62.14442(b) annually (no more than 12 months following the initial
inspection or previous annual air pollution control device inspection).

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18. Section 62.14442 is amended as follows:
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a. By redesignating paragraphs (a) through (q) as paragraphs (a)(1)
through (a)(17);
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b. By redesignating introductory text as paragraph (a) introductory
text and revising it;
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c. By redesignating newly redesignated paragraph (a)(17) as (a)(18) and
adding new paragraph (a)(17); and
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d. By adding new paragraph (b).
    The revisions and additions read as follows:

Sec.  62.14442  What must my inspections include?

    (a) At a minimum, you must do the following during your HMIWI
equipment inspection:
* * * * *
    (17) Include inspection elements according to manufacturer's
recommendations; and
* * * * *
    (b) At a minimum, you must do the following during your air
pollution control device inspection:
    (1) Inspect air pollution control device(s) for proper operation,
if applicable;
    (2) Ensure proper calibration of thermocouples, sorbent feed
systems and any other monitoring equipment; and
    (3) Include inspection elements according to manufacturer's
recommendations; and
    (4) Generally observe that the equipment is maintained in good
operating condition.
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19. Section 62.14443 is revised to read as follows:

Sec.  62.14443  When must I do repairs?

    (a) You must complete any necessary repairs to the HMIWI equipment
within 10 operating days of the HMIWI equipment 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 equipment must be completed.
    (b) You must complete any necessary repairs to the air pollution
control device within 10 operating days of the air pollution control
device inspection unless you obtain written approval from the EPA
Administrator (or delegated enforcement authority) establishing a
different date when all necessary repairs of your air pollution control
device must be completed. During the time that you conduct repairs to
your air pollution control device, all emissions standards remain in
effect according to Sec.  62.14413.

Sec.  62.14450  [Removed and Reserved]

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20. Section 62.14450 is removed and reserved.
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21. Section 62.14451 is amended as follows:
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a. By revising paragraph (a);
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b. By adding paragraph (b)(3);
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c. By redesignating paragraph (c) as paragraph (d);
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d. By adding new paragraph (c); and
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e. By adding paragraph (e).
    The revisions and additions read as follows:

Sec.  62.14451  What are the testing requirements?

    (a) Except as specified in paragraph (e) of this section, you must
conduct an initial performance test for PM, opacity, CO, dioxin/furan,
HCl, Pb, Cd, Hg, SO2, NOX and fugitive ash
emissions using the test methods and procedures outlined in Sec.
62.14452.
    (b) * * *
    (3) If you use a large HMIWI that commenced construction or
modification according to Sec.  62.14400(a)(2)(ii), determine
compliance with the visible emissions limits for fugitive emissions
from flyash/bottom ash storage and handling by conducting a performance
test using EPA Reference Method 22 of 40 CFR part 60, appendix A-7 on
an annual basis (no more than 12 months following the previous
performance test).
    (c) The 2,000 lb/wk limitation for small rural HMIWI does not apply
during performance tests.
* * * * *
    (e) You may use the results of previous emissions tests to
demonstrate compliance with the emissions limits, provided that the
conditions in paragraphs (e)(1) through (3) of this section are met:
    (1) Your previous emissions tests must have been conducted using
the applicable procedures and test methods listed in Sec.  62.14452.
Previous emissions test results obtained using the EPA-accepted
voluntary consensus standards are also acceptable.
    (2) The HMIWI at your facility must currently be operated in a
manner (e.g., with charge rate, secondary chamber temperature, etc.)
that would be expected to result in the same or lower emissions than
observed during the previous emissions test(s), and the HMIWI may not
have been modified such that emissions would be expected to exceed the
results from previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996
or later.

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22. Section 62.14452 is amended as follows:
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a. By revising paragraphs (c), (d), and (f);
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b. By redesignating paragraph (l) as paragraph (o) and revising it;
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c. By redesignating paragraph (m) as paragraph (r);
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d. By redesignating paragraphs (g) through (k) as paragraphs (i)
through (m) and revising them;
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f. By adding new paragraphs (g) and (h); and
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g. By adding paragraphs (n), (p), and (q).
    The revisions and additions read as follows:

Sec.  62.14452  What test methods and procedures must I use?

* * * * *
    (c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix
A-1 to select the sampling location and number of traverse points;
    (d) You must use EPA Reference Method 3, 3A or 3B of 40 CFR part
60, appendix A-2 for gas composition analysis, including measurement of
oxygen concentration. You must use EPA Reference Method 3, 3A or 3B of
40 CFR part 60, appendix A-2 simultaneously with each reference method.
You may use ASME PTC-19-10-1981-Part 10 (incorporated by reference in
40 CFR 60.17) as an alternative to EPA Reference Method 3B;
* * * * *
    (f) You must use EPA Reference Method 5 of 40 CFR part 60, appendix
A-3 or Method 26A or Method 29 of 40 CFR part 60, appendix A-8 to
measure

particulate matter (PM) emissions. You may use bag leak detection
systems, as specified in Sec.  62.14454(e), or PM continuous emissions
monitoring systems (CEMS), as specified in paragraph (o) of this
section, as an alternative to demonstrate compliance with the PM
emissions limit;
    (g) You must use EPA Reference Method 6 or 6C of 40 CFR part 60,
appendix A-4 to measure SO2 emissions;
    (h) You must use EPA Reference Method 7 or 7E of 40 CFR part 60,
appendix A-4 to measure NOX emissions;
    (i) You must use EPA Reference Method 9 of 40 CFR part 60, appendix
A-4 to measure stack opacity. You may use bag leak detection systems,
as specified in Sec.  62.14454(e), or PM CEMS, as specified in
paragraph (o) of this section, as an alternative to demonstrate
compliance with the opacity requirements;
    (j) You must use EPA Reference Method 10 or 10B of 40 CFR part 60,
appendix A-4 to measure the CO emissions. You may use CO CEMS, as
specified in paragraph (o) of this section, as an alternative to
demonstrate compliance with the CO emissions limit;
    (k) You must use EPA Reference Method 23 of 40 CFR part 60,
appendix A-7 to measure total dioxin/furan emissions. The minimum
sample time must be 4 hours per test run. You may elect to sample
dioxins/furans by installing, calibrating, maintaining and operating a
continuous automated sampling system, as specified in paragraph (p) of
this section, as an alternative to demonstrate compliance with the
dioxin/furan emissions limit. If you have selected the toxic
equivalency (TEQ) standards for dioxin/furans under Sec.  62.14411, you
must use the following procedures to determine compliance:
    (1) Measure the concentration of each dioxin/furan tetra-through
octa-congener emitted using EPA Reference Method 23 of 40 CFR part 60,
appendix A-7;
    (2) For each dioxin/furan congener measured in accordance with
paragraph (k)(1) of this section, multiply the congener concentration
by its corresponding TEQ factor specified in Table 2 of this subpart;
    (3) Sum the products calculated in accordance with paragraph (k)(2)
of this section to obtain the total concentration of dioxins/furans
emitted in terms of TEQ.
    (l) You must use EPA Reference Method 26 or 26A of 40 CFR part 60,
appendix A-8 to measure HCl emissions. You may use HCl CEMS as an
alternative to demonstrate compliance with the HCl emissions limit;
    (m) You must use EPA Reference Method 29 of 40 CFR part 60,
appendix A-8 to measure Pb, Cd and Hg emissions. You may use ASTM
D6784-02 (incorporated by reference in 40 CFR 60.17) as an alternative
to EPA Reference Method 29 for measuring Hg emissions. You may also use
Hg CEMS, as specified in paragraph (o) of this section, or a continuous
automated sampling system for monitoring Hg emissions, as specified in
paragraph (q) of this section, as an alternative to demonstrate
compliance with the Hg emissions limit. You may use multi-metals CEMS,
as specified in paragraph (o) of this section, as an alternative to EPA
Reference Method 29 to demonstrate compliance with the Pb, Cd or Hg
emissions limits;
    (n) You must use EPA Reference Method 22 of 40 CFR part 60,
appendix A-7 to measure fugitive ash emissions and determine compliance
with the fugitive ash emissions limit, as applicable, under Sec.
60.52c(c). The minimum observation time must be a series of three 1-
hour observations.