No. 30702 (Amendment): R307-222. Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste

DAR File No.: 30702
Filed: 11/08/2007, 03:30
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to remove the specific version date for the Code of Federal Regulations (CFR) found in Rule R307-222. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR referenced in Section R307-101-3 is being updated to the July 1, 2007, version. This amendment is part of an overall revision to rules that will streamline the process of updating the incorporation by reference of the CFR throughout Title R307 (see separate filings on Rules R307-101, R307-115, R307-170, R307-215, R307-221, R307-223, R307-224, R307-310, R307-417, R307-801, R307-840 in this issue). If requested, a public hearing will be held Wednesday, 12/19/2007 at 2:00 p.m. in the Main Conference Room of the Environmental Quality Building located at 150 N 1950 W in Salt Lake City. If no request for a public hearing is received by 12/17/2007, the hearing will be canceled. After 12/17/2007, you may go to http://www.airquality.utah.gov/Public-Interest/Public-Commen-Hearings/Pubrule.htm or call 801-536-4136 to determine if the public hearing has been canceled. A request for a public hearing may be submitted by electronic mail to [e-mail] or by calling 801-536-4136. (DAR NOTE: The proposed amendment for Rule R307-101 is DAR No. 30697; the proposed amendment for Rule R307-115 is under DAR No. 30698; the proposed amendment for Section R307-170-7 is under DAR No. 30699; the proposed repeal of Rule R307-215 is under DAR No. 30700; the proposed amendment for Rule R307-221 is under DAR No. 30701; the proposed amendment for Rule R307-223 is under DAR No. 30703; the proposed amendment for Section R307-224-2 is under DAR No. 30704; the proposed amendment for Section R307-310-2 is under DAR No. 30705; the proposed amendment for Rule R307-417 is under DAR No. 30706; the proposed amendment for Rule R307-801 is under DAR No. 30707; and the proposed amendment for Rule R307-840 is under DAR No. 30708 all in this issue, December 1, 2007, of the Bulletin.)

Summary of the rule or change:

This amendment removes the specific version date for the CFR in Rule R307-222. The rule will now default to Section R307-101-3 that establishes the version of the CFR that is incorporated throughout Title R307. In a separate rulemaking, the version of the CFR referenced in Section R307-101-3 is being updated to the July 1, 2007, version. The following change the incorporated materials will be included as the result of the change in Section R307-101-3. 10/17/2000 (65 FR 61778) The EPA added two additional reference methods ("3B" and "26A") to 40 CFR 60.56c. The Board is also proposing to remove Subsections R307-222-3(2) and (3) because these subsections are no longer needed.

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR 60.31e; 40 CFR 60.58c(c) through (f); emissions limitations of Table 1 in 40 CFR Part 60, Subpart Ce, 40 CFR 60.57c; 40 CFR 60.56c excluding 56c(b)(12) and 56c(c)(3); emission limits of Table 2 in 40 CFR Part 60, Subpart Ce; 40 CFR 60.36e(a)(1) and (a)(2); 40 CFR 60.37e(b)(1) through (b)(5); 40 CFR 60.37e(d)(1) through (d)(3); and 40 CFR 60.38e(b)(1) and (b)(2), July 1, 2007

Anticipated cost or savings to:

the state budget:

Because these revisions do not create new requirements, no change in costs is expected for the state budget.

local governments:

Because these revisions do not create new requirements, no change in costs is expected for local governments.

small businesses and persons other than businesses:

SMALL BUSINESSES: Because these revisions do not create new requirements, no change in costs is expected for small businesses. OTHER PERSONS: Because these revisions do not create new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

This amendment does not change current requirements; therefore, no change in costs is expected.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment does not create new requirements. Therefore, no additional costs are expected. Richard W. Sprott, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2007

This rule may become effective on:

02/07/2008

Authorized by:

Bryce Bird, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-222. Emission Standards: Existing Incinerators for Hospital, Medical, Infectious Waste.

R307-222-2. Definitions and References.

(1) The following definitions apply only to R307-222. Definitions found in 40 CFR 60.31e, [effective November 14, 1997]effective as of the date referenced in R307-101-3, and 40 CFR 60.51c, [effective March 16, 1998]effective as of the date referenced in R307-101-3, are adopted and incorporated by reference, with the following substitutions.

(a) Substitute "executive secretary" for all federal regulation references to "Administrator."

(b) Substitute "State of Utah" for all federal regulation references to "State agency" or "State regulatory agency."

(c) Substitute "Rule R307-222" for all references to "this subpart."

(d) Substitute "40 CFR Part 60" for all references to "this part."

(e) Substitute "40 CFR" for all references to "This title."

 

R307-222-3. All Incinerators.

[(1) ]Each incinerator subject to R307-222 must comply with the requirements of 40 CFR 60.52c(b) for emission limits, 40 CFR 60.53c for operator training and qualification, 40 CFR 60.55c for a waste management plan, 40 CFR 60.58c(b) excluding (b)(2)(ii) and (b)(7) for recordkeeping, and 40 CFR 60.58c(c) through (f) for reporting. These provisions, effective as of the date referenced in R307-101-3, are adopted and incorporated by reference.[

(2) Each incinerator subject to R307-222 must submit by February 1, 1999, an initial emissions inventory for inclusion in the Plan.

(3) Compliance dates.

(a) Except as provided in (b) and (c), each incinerator must be in compliance with all requirements of R307-222 on or before the date one year after federal approval of the State Plan.

(b) The owner or operator may petition the executive secretary to extend the compliance date as late as three years after EPA approval of the State Plan or September 15, 2002, whichever is earlier. The petition must meet the requirements set forth in (c) below.

(c) The petition must be submitted by January 2, 2000 and must include the following documentation:

(i) analysis supporting the need for an extension;

(ii) an evaluation of the option to transport waste offsite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis;

(iii) measurable and enforceable incremental steps of progress to be taken towards compliance;

(iv) a compliance plan as set forth in (d) below.

(d) The compliance plan must include compliance dates for either:

(i) disposal of waste offsite or installation of equipment other than an incinerator to treat waste at the earliest possible date, or

(ii) each activity to retrofit the incinerator, including the following intermediate steps:

(A) The owner or operator must award the contract for retrofitting no later than March 1, 2000.

(B) The owner or operator must begin installation of air pollution control devices no later than June 1, 2000.

(C) The owner or operator must complete installation of the air pollution control devices no later than February 2, 2002.

(D) The owner or operator must conduct initial compliance testing of each air pollution control device by April 2, 2002.

(E) The owner or operator must complete all requirements to show compliance no later than three years following EPA approval of the Plan or September 15, 2002, whichever is earlier.

(e) If the petition is granted, the owner or operator must comply with the schedule in the compliance plan.]

 

R307-222-4. Large, Medium and Urban Small Incinerators.

Except as provided in Section R307-222-5, each incinerator must comply with the emissions limitations of Table 1 in 40 CFR Part 60, Subpart Ce, 40 CFR 60.57c, and 40 CFR 60.56c excluding 56c(b)(12) and 56c(c)(3), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

 

R307-222-5. Small Rural Incinerators.

(1) A small rural incinerator is a small incinerator as defined in Section R307-222-2 that:

(a) is located more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area listed in OMB bulletin No. 93-17 entitled "Revised Statistical definitions for Metropolitan Areas," June 30, 1993; and

(b) burns less than 2000 pounds per week of hospital, medical or infectious waste or any combination of them. The 2000 pounds per week limitation does not apply during performance tests.

(2) Each small rural incinerator must comply with the emission limits of Table 2 in 40 CFR Part 60, Subpart Ce, effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(3) Each small incinerator must comply with the inspection requirements of 40 CFR 60.36e(a)(1) and (a)(2), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference. An inspection meeting these requirements must be conducted within one year after federal approval of the Plan incorporated by reference in R307-220-3, and annually no more than 12 months following the previous annual inspection.

(4) Each small incinerator must comply with the compliance and performance testing requirements of 40 CFR 60.37e(b)(1) through (b)(5), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(5) Each small incinerator must comply with the monitoring requirements of 40 CFR 60.37e(d)(1) through (d)(3), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

(6) Each small incinerator must comply with the recordkeeping and reporting requirements of 40 CFR 60.38e(b)(1) and (b)(2), effective as of the date referenced in R307-101-3, which are adopted and incorporated by reference.

 

KEY: air pollution, hospitals, medical incinerator[*], infectious waste[*]

Date of Enactment or Last Substantive Amendment: [November 25, 1998]2008

Notice of Continuation: March 15, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-104