The proposed rule amendments (OGC No. 10-1322) update the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Part 60, Subparts A, Ce, and Ec, to incorporate ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments (OGC No. 10-1322) update the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Part 60, Subparts A, Ce, and Ec, to incorporate revisions to the new source performance standards and emission guidelines for hospital/medical/infectious waste incinerators promulgated by EPA October 6, 2009.
SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.8055 FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 403.8055, F.S.

WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Ms. Lynn Scearce, Division of Air Resource Management, 2600 Blair Stone Road, M.S. 5500, Tallahassee, FL 32399-3000

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE ENVIRONMENTAL REGULATION COMMISSION, ADMINISTRATIVE ASSISTANT, DEP, MS 35, 3900 COMMONWEALTH BLVD., TALLAHASSEE, FL 32399-3000. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

 

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, 2001, 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. § 60.56(c)(i).

9. through 81. No change.

(c) No change.

(d) General Provisions Adopted. The general provisions of 40 C.F.R. Part 60, Subpart A, revised as of July 1, 2001; amended August 27, 2001, at 66 FR 44978; amended July 8, 2004, at 69 FR 41346; amended May 18, 2005, at 70 FR 28605; amended December 16, 2005, at 70 FR 74869; amended June 1, 2006, at 71 FR 31100; amended July 6, 2006, at 71 FR 38481; amended July 11, 2006, at 71 FR 39153; amended May 16, 2007, at 72 FR 27437; amended June 13, 2007, at 72 FR 32709; amended November 16, 2007, at 72 FR 64859; amended January 18, 2008, at 73 FR 3567; amended June 24, 2008, at 73 FR 35837; amended December 22, 2008, at 73 FR 78199; amended January 28, 2009, at 74 FR 5071; amended October 6, 2009, at 74 FR 51368; are adopted and incorporated by reference except that the Secretary is not the Administrator for purposes of 40 C.F.R. § 60.4, 40 C.F.R. § 60.8(b)(2) and (3), 40 C.F.R. § 60.11(e)(7) and (8), 40 C.F.R. § 60.13(g), (i) and (j)(2), and 40 C.F.R. § 60.16.

(e) No change.

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

(a) 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 6. No change.

7. Compliance and Performance Testing.

a. Except as provided for under sub-paragraph 62-204.800(9)(d)7.b., F.A.C., the compliance and performance testing requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(d), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.56c, excluding the fugitive emissions testing requirements under 40 C.F.R. §§ 60.56c(b)(14)(12) and (c)(3).

b. No change.

8. through 11. No change.

(e) through (f) No change.

(g) Reserved. 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.

2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Ce, shall have the meaning given them at 40 C.F.R. 60, Subparts A, B and Ec.

3. Emission Limiting Standards.

a. The emission limits applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the emission limits set forth at 40 C.F.R. § 60.33e(a)(2) or (3).

b. The opacity limit applicable to each hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the opacity limit set forth at 40 C.F.R. § 60.52c(b)(2).

4. Operator Training and Qualification. The operator training and qualification requirements applicable to each hospital/ medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.53c.

5. Waste Management. The waste management plan requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.55c.

6. Inspection. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements as set forth at 40 C.F.R. § 60.36e.

7. Compliance, Performance Testing, and Monitoring Provisions.

a. The compliance and performance testing requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.56c, excluding the annual fugitive emissions testing requirements under § 60.56c(c)(3), the CO CEMS requirements under § 60.56c(c)(4), and the compliance requirements for monitoring listed in §§ 60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Hospital/medical/infectious waste incinerators subject to the emission limits under § 60.33e(a)(2) and (a)(3) may, however, elect to use CO CEMS as specified under § 60.56c(c)(4) or bag leak detection systems as specified under § 60.57c(h).

b. The monitoring requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. § 60.57c.

c. The use of previous emissions test results applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 CFR § 60.37e(f).

8. Reporting and Recordkeeping.

a. The reporting and recordkeeping requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §§ 60.58c(b) through (g), excluding §§ 60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).

b. In addition, each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the reporting and recordkeeping requirements of 40 C.F.R.§ 60.38e(b).

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., 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., according to the schedule set forth at 40 C.F.R. § 60.39e(e).

10. Effective Date. The effective date of paragraph 62-204.800(9)(g), F.A.C., shall be April 1, 2012.

(h) No change.

(10) through (27) No change.

PROPOSED EFFECTIVE DATE: June 11, 2010

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.