The proposed rule amendments (OGC No. 10-0879) establish compliance deadlines for hospital/medical/infectious waste incinerator units subject to revised EPA regulations at 40 C.F.R. Part 60, Subpart Ce, and procedures by which individual units may ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Rule No.: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE AND EFFECT: The proposed rule amendments (OGC No. 10-0879) establish compliance deadlines for hospital/medical/infectious waste incinerator units subject to revised EPA regulations at 40 C.F.R. Part 60, Subpart Ce, and procedures by which individual units may request compliance deadline extensions. The proposed rule amendments also establish a requirement for a metals emissions test at the time of each particulate matter emissions test.
SUMMARY: Under section 111(d) of the federal Clean Air Act, Florida is required to submit a plan to EPA for implementation of EPA’s revised hospital/medical/infectious waste incinerator emissions standards. The proposed rule amendments provide the basis for the state’s plan. While Rule 62-204.800, F.A.C., is referenced in numerous DEP rules, subsection 62-204.800(9), F.A.C., is referenced specifically or by general intention in Rules 62-210.200, 62-212.400, 62-212.500, 62-212.710, 62-213.420, 62-213.430, 62-296.100 and 62-296.401, F.A.C., only. The proposed amendments are intended to have effect in the all of the referencing rules listed above.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A statement of estimated regulatory costs (SERC) has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, November 18, 2010, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Director’s Conference Room, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Tiffany Miesel at [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) through (7) No change.

(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.

(a) No change.

(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 C.F.R. Part 60, revised as of July 1, 2009, or later as specifically indicated, are adopted and incorporated by reference:

1. through 7. No change.

8. 40 C.F.R. Part 60, Subpart Ec, Hospital/ Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996; amended October 6, 2009, at 74 FR 51368; except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.56c(j)(i). At 40 C.F.R. § 60.50c(m), the “applicable compliance date of the requirements of subpart Ce” shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.

9. through 81. No change.

(c) through (e) No change.

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.

(a) General Applicability and Definitions.

1. The purpose and effect of each subpart of 40 C.F.R Part 60 or portion thereof adopted and incorporated by reference in this subsection is determined by the context in which it is cited within this subsection. The Emission Guidelines for Existing Sources adopted by reference in this rule shall be controlling over other standards in the air pollution rules of the Department except that any emission limiting standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent than one contained in an Emission Guideline, or which regulates emissions of pollutants or emissions units not regulated by an applicable Emission Guideline, shall also apply.

2. No change.

(b) through (c) No change.

(d) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2001, is hereby adopted and incorporated by reference, subject to the following provisions:

1. through 9. No change.

10. Compliance Times.

a. through d. No change.

e. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall comply with the requirements of this paragraph until the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.

11. Permit Application Deadline. Any hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., is subject to the permitting requirements of Chapter 62-213, F.A.C. Any hospital/medical/infectious waste incinerator that becomes subject to the permitting requirements of Chapter 62-213, F.A.C., for the first time solely because it is subject to paragraph 62-204.800(9)(d), F.A.C., shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than May 1, 2000, unless the facility will cease operations permanently within one year of the U.S. Environmental Protection Agency’s approval of the Florida Department of Environmental Protection’s 40 C.F.R. Part 60, subpart Ce implementation plan, in which case an application for an operation permit under the requirements of Chapter 62-213, F.A.C., shall not be required. Any hospital/ medical/infectious waste incinerator that has previously filed an application for an operation permit under the requirements of Chapter 62-213, F.A.C., shall file an amendment to its application (if the permit has not been issued) or an application for a permit revision no later than May 1, 2000.

(e) through (f) No change.

(g) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2009; amended October 6, 2009, at 74 FR 51368; is hereby adopted and incorporated by reference, subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.32e, where the applicable compliance date at 40 C.F.R. § 60.32e(j) shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.

2. through 6. No change.

7. Compliance, Performance Testing, and Monitoring Provisions.

a. through c. No change.

d. On or after June 1, 2012, any time the owner or operator of any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., conducts a performance test for any reason for particulate matter (PM), the owner or operator shall also conduct a performance test for mercury (Hg), cadmium (Cd), and lead (Pb). Testing shall be conducted in accordance with the applicable test procedures and methods set forth at 40 C.F.R. § 60.56c(b), and test data shall be reported to the Department in accordance with the provisions of 40 C.F.R. § 60.58c(c). This requirement for supplemental metals testing shall not apply if the owner or operator continuously monitors or samples Hg emissions in accordance with the provisions of 40 C.F.R. § 60.56c(c)(5) or 40 C.F.R § 60.56c(c)(7).

8. No change.

9. Compliance Times.

a. Each hospital/medical infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the operator training and qualification requirements of subparagraph 62-204.800(9)(g)4., F.A.C., by June 1, 2012 according to the schedule set forth at 40 C.F.R. § 60.39e(e).

b. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements of subparagraph 62-204.800(9)(g)6., F.A.C., by June 1, 2012 according to the schedule set forth at 40 C.F.R. § 60.39e(e).

c. Except as provided for under sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with all remaining requirements of paragraph 62-204.800(9)(g), F.A.C., by June 1, 2012.

d. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., that chooses to comply with the alternate schedule set forth at 40 C.F.R. § 60.39e(c), shall submit to the Department the information specified at 40 C.F.R. § 60.39e(d)(1)(i) and (ii) as part of the permit application required pursuant to subparagraph 62-204.800(9)(g)10., F.A.C. The alternate schedule must provide for compliance with the remaining requirements of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., no later than June 1, 2014.

10. Permit Application Deadline. Any hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall file an application for Title V permit revision no later than June 1, 2011. Effective Date. The effective date of paragraph 62-204.800(9)(g), F.A.C., shall be April 1, 2012.

11. Related Provisions. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall also comply with all requirements of subsection 62-296.401(4), F.A.C., to the extent that such requirements are stricter than, or supplemental to, the requirements of paragraph 62-204.800(9)(g), F.A.C.

(h) No change.

(10) through (27) No change.

Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Michael W. Sole, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 4, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010