No. 30703 (Amendment): R307-223. Existing Incinerators for Hospital, Medical, Infectious Waste

DAR File No.: 30703
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 R307-223. 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, R307-222, R307-224, R307-310, R307-417, R307-801, and 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 R307-222 is under DAR No. 30702; 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 R307-223. 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 reference in Section R307-101-3 is being updated to the July 1, 2007, version. There have been no changes to the incorporated since they were incorporated by reference into Rule R307-223.

State statutory or constitutional authorization for this rule:

Section 19-2-104

This rule or change incorporates by reference the following material:

40 CFR 60.1555(a) through (k); 40 CFR 60.1940; 40 CFR 60.1935; 40 CFR 60.1540 and 60.1585 through 60.1905, and the requirements and schedules set forth in Tables 2 through 8 that are found following 40 CFR 60.1940, 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 this revision does not create new requirements, no change in costs is expected for local governments.

small businesses and persons other than businesses:

SMALL BUSINESSES: Because this revision does not create new requirements, no change in costs is expected for small businesses. OTHER PERSONS: Because this revision does not create new requirements, no change in costs is expected for other persons.

Compliance costs for affected persons:

Because this revision does not create new requirements, no change in costs is expected for affected persons.

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.

R307-223. Emission Standards: Existing Small Municipal Waste Combustion Units.

R307-223-1. Purpose and Applicability.

(1) R307-223 regulates emissions from existing small municipal waste combustion units. The purpose of R307-223 is to reduce the emissions of particulate matter, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and furans from small municipal waste combustion units. Reductions are required by 42 U.S.C. 7411(d) and 7429 and 40 CFR Part 60, subpart BBBB[, published at 63 FR 76378, December 6, 2000], and by the Plan for Existing Small Municipal Waste Combustion Units that is incorporated by reference at R307-220-4.

(2) R307-223 applies to each existing small municipal waste combustion unit that has the capacity to combust at least 35 tons per day but no more than 250 tons per day of municipal solid waste or refuse-derived fuel and commenced construction on or before August 30, 1999. A list of facilities not subject to R307-223 is found in 40 CFR 60.1555(a) through (k), [and]effective as of the date referenced in R307-101-3, which is hereby adopted and incorporated by reference.

(3) If an owner or operator of a municipal waste combustion unit makes physical or operational changes to an existing municipal waste combustion unit primarily to comply with the Plan for Existing Small Municipal Waste Combustion Units that is incorporated by reference at R307-220-4, then R307-210 does not apply to that unit. Such changes do not constitute modifications or reconstructions under R307-210.

(4) The owner or operator of any source subject to R307-223 also is required to submit an application for an operating permit under R307-415.[ and must notify the executive secretary that the source is subject to CFR Part 60, Subpart BBBB no later than January 1, 2002.]

 

R307-223-2. Definitions and Equations.

(1) The following definitions apply only to R307-223. Definitions found in 40 CFR 60.1940, [effective February 5, 2001, and published at 65 FR 76378, ]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" or "EPA Administrator."

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

(c) "State plan" means the Plan for Existing Small Municipal Waste Combustion Units that is incorporated by reference at R307-220-4.

(d) "You" means the owner or operator of a small municipal waste combustion unit.

(e) Substitute "Rule R307-223" for all references to "this subpart."

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

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

(2) Equations found in 40 CFR 60.1935, [effective February 5, 2001, and published at 65 FR 76378]effective as of the date referenced in R307-101-3, are adopted and incorporated by reference.

 

R307-223-3. Requirements.

(1) Each incinerator owner or operator subject to R307-223 must comply with the requirements of 40 CFR 60.1540 and 60.1585 through 60.1905, and with the requirements and schedules set forth in Tables 2 through 8 that are found following 40 CFR 60.1940 for operator training and certification, operating requirements, emission limits, continuous emission monitoring, stack testing, other monitoring requirements, record keeping, and reporting. These provisions and table, effective as of the date referenced in R307-101-3, are adopted and incorporated by reference with the exceptions listed below.

(a) In 40 CFR 60.1650(a), delete "or state."

(b) In 40 CFR 60.1675(a), delete "or a current provisional operator certification from your State certification program."

(c) In 40 CFR 1675 (c), change "three" to "two," and delete 40 CFR 1675(c)(3).

(2) Compliance dates. Each incinerator must be in compliance with the dates in Section III of the Plan.

 

KEY: air pollution, municipal waste incinerator[*], waste to energy plant[*]

Date of Enactment or Last Substantive Amendment: [September 10, 2001]2008

Notice of Continuation: March 15, 2007

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