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EPA/AR RIN: 2060-AO04 Publication ID: Fall 2008 
Title: Hospital/Medical/Infectious Waste Incineration Units--Response to Remand 
Abstract: Under section 129 of the Clean Air Act (CAA), EPA is required to adopt and implement maximum achievable control technology (MACT) standards for both new and existing hospital/medical/infectious waste incineration units (HMIWI). Regulations for HMIWI were promulgated on September 15, 1997, and those standards have been adopted and fully implemented with all retrofits completed. However, these regulations were subsequently remanded by the Court on March 2, 1999. The fundamental issue leading to the remand was the approach and methodology used by EPA to develop the HMIWI regulations. In effect, the Court questioned whether the regulations developed by EPA reflected the actual emission performance of the best controlled similar unit for new HMIWI and the average of the best performing 12 percent of units for existing HMIWI, and remanded the regulations to EPA for further explanation of its reasoning in determining the minimum regulatory "floors" for new and existing HMIWI. On February 6, 2007, EPA published a proposal that responded to the questions raised in the Court's remand and also addressed the CAA section 129(a)(5) requirement that EPA review and, if necessary, revise standards developed under section 129 every 5 years. Recent Court decisions that impact the February 2007 proposal, as well as issues raised in the public comments regarding that proposal, necessitate a re-proposal of responses to the questions raised in the Court's remand. We note that implementation of these MACT standards has been highly effective, reducing emissions of the nine section 129 pollutants (particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) by more than 95 percent, and has reduced dioxin/furan and mercury emissions by more than 99 percent since 1995. Additionally, the number of operational units has dropped significantly since promulgation in 1997 from 2,400 units to approximately 60 units today. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 60   
Legal Authority: 42 USC 7401 et seq   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  As per 12/04/2007 modification of Consent Order.  11/15/2008 
Final  Judicial  As per 12/04/2007 modification of Consent Order.  09/15/2009 
Timetable:
Action Date FR Cite
Original NPRM  02/06/2007  72 FR 5510   
Supplemental NPRM  12/00/2008    
Final Action  10/00/2009    
Additional Information: SAN No. 5071; EPA publication information: Original NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/February/Day-06/a1617.htm; NPRM is a re-proposal of remand response; EPA Docket information: EPA-HQ-OAR-2006-0534
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/ttn/atw/129/hmiwi/rihmiwi.html  
RIN Data Printed in the FR: No 
Agency Contact:
Mary Johnson
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code D243-01,
Research Triangle Park, NC 27711
Phone:919 541-5025
Email: johnson.mary@epa.gov

Brian Shrager
Environmental Protection Agency
Air and Radiation
E143-01,
Research Triangle Park, NC 27711
Phone:919 541-7689
Fax:919 541-5450
Email: shrager.brian@epa.gov